[Added 9-14-2011 by Ord.
No. 5-2011]
This article shall be known as the "Motor Vehicle Weight Limitation
and Bonding Ordinance of North Franklin Township."
This article is enacted pursuant to the authority conferred
by the Vehicle Code, Act of 1976, June 17, 1962, No. 81, Section 1,
effective July 1, 1977 (75 Pa.C.S.A. § 101 et seq.), as
amended, and is intended to include and be subject to all provisions
of Section 4902 of the Vehicle Code, 75 Pa.C.S.A. § 4902,
and all Pennsylvania Department of Transportation regulations promulgated
under the Vehicle Code by way of illustration and not limitation,
under Sections 4902(1) and 6103 (75 Pa.C.S.A. § 4902(f)
and 6103).
The following words when used in this article shall have the
following meanings, unless the context clearly indicates otherwise:
A Fire Department vehicle, police vehicle, ambulance, blood
delivery vehicle, armed forces emergency vehicle, one private vehicle
of a Fire or Police Chief or Assistant Chief, or Ambulance Corps Commander
or Assistant Commander, or of a River Rescue Commander used for answering
emergency calls, or other vehicles designated by the State Police
under § 6106 of the Vehicle Code (relating to designation
of emergency vehicles by Pennsylvania State Police).[1]
Emergency vehicles and school buses, defined hereinafter,
vehicles and combinations or governmental entities and where their
contractors are engaged in construction or maintenance on a posted
highway or in a location which can be reached only by way of a posted
highway, and vehicles and combinations going to or coming from a residence
or farm located on a posted highway or which can be reached only by
via a posted highway.
Any vehicles or combination as defined and/or governed by
the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq.,
as amended.
An Engineering and Roadway Study, dated September 2010, conducted
by Widmer Engineering, Inc. for various roadways within the Township
designed to determine appropriate weight restrictions for Township
roads.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of schoolchildren.
A roadway located within the Township of North Franklin and
under the control/maintenance of the Township.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6106.
The Board of Supervisors, by way of an authorized road study
by Widmer Engineering, Inc., dated October 2010, (hereinafter "road
study") has determined and hereby determines, based upon weight and
size restrictions, and based upon highway conditions and studies and
otherwise, that the following roads will be damaged or destroyed unless
the permissible weight of motor vehicles is restricted to the weight
limits listed. The road study is attached hereto as Exhibit "A" and
a complete list of the Township roads and the weight restrictions
associated with them (if applicable) is attached hereto as Exhibit
"B" and is made a part hereof.
A.
Pursuant to the findings under § 425-73, supra, and by authority of § 4902 of the Vehicle Code[1] and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any of the roads listed in § 425-73 with gross weight in excess of the weight limits listed for said road in § 425-73.
[1]
Editor's Note: See 75 Pa.C.S.A. § 4902.
B.
Local traffic as defined herein shall be exempted from the restrictions imposed under Subsection A, above. However, if the Board of Supervisors determines that any local traffic is likely to damage the road, the Board of Supervisors will so notify the registrants of the motor vehicle or combination and will also notify State Police. After two business days following delivery of the notice, or after five days following mailing of the notice, such local traffic vehicles shall not exceed the weight limits, except in accordance with § 425-76 hereof.
A.
Individuals or entities wishing to operate vehicles in excess of
established weight limits on restricted weight Township roads may
apply for a permit to do so on a form provided by the Township. Said
permit application will be referred to the Township Secretary who
shall:
(1)
Place the issue on the agenda for a meeting of the Board of Supervisors;
and
(2)
Consult with the third-party consultant as necessary to determine
the amount of security/bond to be posted by the applicant. The amount
of security shall be calculated in accordance with Title 67, Chapter
189, of the Pennsylvania Code or its equivalent; and
(3)
Present a recommendation to the Supervisors to include the amount
of security to be posted by the applicant if the permit is approved.
B.
No permit will be issued until the application is approved by the
Board of Supervisors at a scheduled public meeting and, if required,
security has been posted with the Township Secretary. The Board of
Supervisors shall, by resolution, set the amount of administrative,
inspection and third-party consultation fees, and may delegate the
authority to approve permits and set security to the Secretary or
other official of the Township.
C.
All actions taken under the authority of this section shall be taken
in accordance with the rules and regulations adopted by the Commonwealth
of Pennsylvania, Department of Transportation, as found in Title 67
of the Pennsylvania Code.
The Township shall erect or cause to be erected and maintained
weight restriction signs designating the restrictions at the end of
the portion of road restricted as provided in this article. In the
case of a restriction on a road which has not begun or ended at an
intersection with an unrestricted highway, the Township shall also
place an advance informational sign at the intersection nearest each
end of the restricted portion of the road which would allow drivers
to avoid the restricted portion of road.
Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under § 425-73 shall, upon conviction by a Magisterial District Judge, pay a fine consistent with the applicable section of the Pennsylvania Motor Vehicle Code in effect at the time of the violation.
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The current applicable section of the code, 4902(g) states:
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(g)
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Penalty.–
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(1)
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Any person operating a vehicle or combination upon a highway
or bridge in violation of a prohibition or restriction imposed under
subsection (a) is guilty of a summary offense and shall, upon conviction,
be sentenced to pay a fine of $75 for each offense, except that any
person convicted of operating a vehicle with a gross weight in excess
of a posted weight shall, upon conviction, be sentenced to pay a fine
of $150 plus $150 for each 500 pounds, or part thereof, in excess
of 3,000 pounds over the maximum allowable weight for each offense.
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(2)
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Any person operating a vehicle or combination in violation of
a prohibition or restriction imposed under subsection (b) is guilty
of a summary offense and shall, upon conviction, be sentenced to pay
a fine of not less than $25 and not more than $100 for each offense.
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The provisions of the article are severable. If any sentence,
clause, or section of the article is for any reason found to be unconstitutional,
illegal, or invalid, such unconstitutionality, illegality, or invalidity
shall not affect or impair any of the remaining provisions, sentences,
clauses, or sections of this article. It is hereby declared to be
the intent of the Board of Supervisors of North Franklin Township
that this article would have been adopted had such unconstitutional,
illegal, or invalid sentence, clause, or section not been included
herein.
All ordinances or parts of ordinances inconsistent with this
article are hereby repealed insofar as they may be inconsistent herewith.
This article shall become effective five days after enactment.
