[HISTORY: Adopted by the Borough Council of the Township
of Upper Tulpehocken 1-9-1995;
amended in its entirety by the Board of Supervisors of the Township
of Upper Tulpehocken at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Snow Emergency
and Snow Clearing Ordinance of the Township of Upper Tulpehocken."
B.
ALL-SEASON TIRES
BARRICADE
BOARD OF SUPERVISORS
CINDER
COMMON STREETS
ROADWAY
SIDEWALK
SNOW EMERGENCY ROUTES
STREET or HIGHWAY
TIRE CHAINS
TOWNSHIP
For the purpose of this chapter, the following definitions shall
prevail:
Any tires mounted on drive wheels of motor vehicles which
are specially designed by tire manufacturers to give effective traction
on snow, mud or ice-covered streets by means of extra-heavy-duty treads
with special high-traction patterns.
Any object visible for a distance of 100 feet in clear weather
that is used to block off an area of a street or highway.
The Board of Supervisors of the Township of Upper Tulpehocken.
Any abrasive material to be put on hard snow or ice areas,
including, but not limited to, cinder, sand, fine gravel, sawdust,
salt, or fine crushed stone.
Those streets or roadways in the Township of Upper Tulpehocken
which are not designated herein as snow emergency routes.
That portion of a street or highway improved, designed or
ordinarily used for vehicular travel, exclusive of the berm or shoulder.
That portion of a street between the curblines or the lateral
lines of a roadway, and the adjacent property line or house intended
for the use of pedestrians.
Those streets designated and marked as such in accordance
with the provisions of this chapter.
The entire width between curbs or boundary lines of every
way publicly maintained when any part thereof is open to the use of
the public for purposes of vehicular travel.
Any hard metal chains mounted on drive wheel tires of motor
vehicles which cross the tread of each such tire laterally in at least
eight different places.
The Township of Upper Tulpehocken, Berks County, Pennsylvania.
A.
Whenever the Board of Supervisors finds, on the basis of falling
snow, sleet, or freezing rain, or on the basis of a forecast by the
United States Weather Bureau or other weather service of snow, sleet,
or freezing rain, that weather conditions will make it necessary that
motor vehicle traffic be expedited and that parking or standing on Township
streets be prohibited or restricted for snow plowing and other purposes,
the Board of Supervisors shall declare and put into effect a parking
prohibition on parts of or on all snow emergency routes as necessary
by causing notices of such parking prohibition to be posted as prescribed
in this chapter.
B.
When the Board of Supervisors shall declare a parking prohibition
as herein provided for, he shall cause notices thereof to be posted
on both sides of the Township's snow emergency routes at least
two hours before such parking prohibition becomes effective. Said
notices shall be posted at intervals not exceeding 150 feet, said
intervals not to include the distance of any intervening street or
intersection.
C.
Notwithstanding the provisions of Subsections A and B above, a parking prohibition shall automatically go into effect on any part of any snow emergency route on which there has been an accumulation of snow and ice of four inches or more for one hour or more between 6:00 a.m. and 11:00 p.m. of any day.
D.
Once in effect, a prohibition under this section shall remain in effect until terminated by the Board of Supervisors, as provided for in § 369-10 of this chapter, except that any street area which has become substantially clear of snow and ice from curb to center of the street for the length of the entire block shall be automatically excluded therefrom. While the prohibition is in effect, no person shall park or allow to remain parked any vehicle on any portion of a snow emergency route to which it applies. However, nothing in this section shall be construed to permit parking at any time or place where it is forbidden by any other provision of law.
Whenever the Board of Supervisors finds, on the basis of amount of snow and after snow emergency routes are opened, that parking on common streets must be prohibited or restricted for snow plowing and other snow removal purposes, the Board of Supervisors shall put into effect a parking prohibition on parts of or on all of common streets as necessary by causing notices of such parking prohibition to be posted on both sides of the affected common streets at least 12 hours before said parking prohibition goes into effect. Such prohibitions or restrictions shall remain in effect until terminated by the Board of Supervisors, as provided for in § 369-10 of this chapter, except that any street area which has become substantially clear of snow and ice from curb to the center of the street for the length of the entire block shall be automatically excluded therefrom. While the prohibition is in effect, no person shall park or allow remain parked any vehicle on any portion of a common street to which it applies. However, nothing in this section shall be construed to permit parking at any time or place where it is forbidden by any other provision of law.
A.
No person operating a motor vehicle on a snow emergency route on
which there is a covering of snow, sleet, or ice shall allow such
vehicle to become stalled wholly or partly because the drive wheels
thereof are not equipped with effective tire chains or snow tires.
B.
No person operating a motor vehicle on a snow emergency route on
which there is covering of snow, sleet, or ice or on which there is
a parking prohibition in effect, shall allow such vehicle to become
stalled because the motor fuel supply is exhausted or the battery
has become inoperative.
C.
No person shall operate a motor vehicle on a snow emergency route
on which there is a covering of snow, sleet, or ice if said vehicle
does not have all windows clear of snow and ice.
D.
No person shall operate a motorcycle, motor scooter, or bicycle on
a snow emergency route on which there is a covering of snow, sleet,
or ice.
E.
No person shall operate a motor vehicle without tire chains on a
snow emergency route on which there is a covering of snow, sleet,
or ice more than eight inches in depth.
A.
A vehicle shall be removed from a street by the appropriate authorities
when:
(1)
The vehicle is parked on a part of a snow emergency route on which
a parking prohibition is in effect.
(2)
The vehicle is stalled on part of a snow emergency route on which
there is a covering of snow, sleet, or ice and on which there is a
parking prohibition in effect and the person owning or operating said
vehicle does not appear to be removing it in accordance with the provisions
of this chapter.
(3)
The vehicle is parked in violation of any parking ordinance or provision
of law and is interfering or about to interfere with snow removal
operations.
B.
If any person parks or leaves a vehicle in a place or in a condition
in violation of any provision of this chapter, such vehicle may be
removed by means of towing or otherwise.
A.
Whenever a vehicle becomes stalled for any reason, whether or not
in violation of this chapter, on any part of a snow emergency route
or other Township street on which there is a snow emergency parking
prohibition or restriction in effect and on which there is a covering
of snow, sleet, or ice, the person operating such vehicle shall take
immediate action to move the vehicle by towing or pushing said vehicle
off the roadway of such snow emergency route or other street either
into the first crossed street which is not a snow emergency route
or onto the space portion of a nearby driveway. No persons shall abandon
or leave his vehicle in the roadway of a snow emergency route or other Township
street on which there is a snow emergency parking prohibition or restriction
in effect (regardless of whether he indicates, by raising the hood
or otherwise, that the vehicle is stalled), except for the purpose
of securing assistance during the actual time necessary to go to a
nearby telephone or to a nearby garage, gasoline station, or other
place of assistance and return without delay.
B.
Any Township authorized vehicle, whether owned or hired by the Township,
is authorized to push or otherwise move, without liability on the
Township's part for any damage resulting thereto, any stalled
vehicle remaining in violation of the foregoing provision.
Any provision of the Board of Supervisors or upon the occurrence
of certain weather conditions, which while temporarily in effect,
take precedence over other conflicting provisions of law normally
in effect, except that it shall not take precedence over provisions
of law relating to traffic accidents, emergency travel of authorized
emergency vehicles, or emergency traffic directions by a police officer.
A.
On each street designated by this chapter as a snow emergency route,
the Board of Supervisors shall post special signs, one in each block
and/or at intervals not exceeding 660 feet and at all points where
any street affected joins another street with the wording: "SNOW EMERGENCY
ROUTE. NO PARKING DURING EMERGENCY. TOW-AWAY ZONE" or such other wording
as shall be approved by the Secretary of Highways of the Commonwealth
of Pennsylvania. These signs shall be distinctive and uniform in appearance
and shall be plainly readable to persons traveling on the street or
highway.
B.
A barricade may be placed on direct traffic whenever necessary to
plow, clear, or otherwise remove snow. It shall be unlawful for any
person to bypass or run through or over such barricade.
C.
Township controlled or operated equipment is permitted to operate
in any direction on any street at any time upon orders of the Board
of Supervisors.
Whenever the Board of Supervisors shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this chapter no longer exists, he shall declare the prohibition terminated in whole or part, by causing to be removed the notices required to be posted by the provisions of §§ 369-3 and 369-4 of this chapter, the termination of said prohibition to become effective immediately as to any street block in the Township when said notices are removed by duly authorized representatives of the Board of Supervisors.
Whenever any motor vehicle is found parked or left in violation
of any provision of this chapter, notice of such violation shall be
given in the manner provided for parking violations.
In any prosecution with regard to a vehicle parked or left in
a place or in a condition in violation of any provision of this chapter,
proof that the particular vehicle described in the complaint was parked
or left in violation of a provision of this chapter, together with
proof that the defendant named in the complaint was at the time the
registered owner of such vehicle, shall constitute prima facie evidence
that the defendant was the person who parked or left the vehicle in
violation of this chapter.
The following streets or highways or portions of streets or
highways within the Township are hereby designated as snow emergency
routes: entire length of Main Street and Walnut Street.
It shall be unlawful for any person to remove without the authorization
of the Board of Supervisors any sign or notice posted in accordance
with the provisions of this chapter.
The owner, occupant or tenant of every property fronting upon
or alongside any street or alley in the Township of Upper Tulpehocken
is hereby required to remove or cause to be removed from all the sidewalks
in front of or alongside such property all snow and ice thereon fallen
or formed, within 24 hours after the same shall have ceased to fall
or to be formed so as to leave a clear walkway at least two feet wide.
Provided: the owner of a property shall be responsible for conforming
to the requirements of this section where such property is occupied
by the owner, or is vacant or unoccupied, or is a multiple-unit property,
designed for occupancy or rental to more than one tenant; the tenant
or occupant thereof shall be responsible therefor in the case of a
property comprising a single tenanted unit, occupied by such tenant
or occupant only. Provided, further: the snow and ice so removed shall
not be deposited in any street or alley, but shall be placed either
on private property or on the curb side of the walk.
In any case where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with any provision of § 369-15 of this chapter, within the time limit prescribed therein, the Township authorities may proceed immediately to remove all snow and/or ice from the sidewalk of such delinquent, and to collect the expense thereof, with an additional amount of 10% from such owner, occupant or tenant, as the case may be, which may be in addition to any fine or penalty imposed under § 369-17 of this chapter.
Any person or persons convicted of violating any of the provisions
of this chapter shall be subject to a fine not to exceed $1,000 per
violation, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment in the Berks County
Prison to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. The Township Solicitor may assume charge of the
prosecution without the consent of the District Attorney as required
under the Pennsylvania Rules of Criminal Procedure relating to trial
in summary cases. Each day or portion thereof that a violation continues
or is permitted to continue shall also constitute a separate offense.
The provisions of this chapter are severable, and if any of
its provisions for any reason shall be declared invalid, the decision
of the Court shall not affect or impair any of the remaining provisions
of this chapter. It is hereby declared to be the intent of Council
of the Township that this chapter would have been adopted has such
invalid provision or provisions not been included herein.
