This article shall be known as "Motor Vehicle Weight Limitation Ordinance of the Borough of Mount Holly Springs for West Pine Street."
[Added 12-8-2014 by Ord. No. 2014-03]
This article is enacted pursuant to the authority conferred by the Vehicle Code, Act of 1976, June 17, P.L. 1962, No. 81, Section 1, effective July 1, 1977 (75 Pa. C.S.A. Sec. 101 et seq.), as amended and is intended to include and be subject to all provisions of the Vehicle Code, 75 Pa.C.S.A., Section 4902, and all Pennsylvania Department of Transportation regulations promulgated or to be promulgated under the "Vehicle Code," by way of illustration and not limitation, under Sections 4902(1) and 6103 [75 Pa. C.S.A., Section 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 vehicle designated by the State Police under Section 6106 of the "Vehicle Code" (relating to designation of emergency vehicles by Pennsylvania State Police).
Emergency vehicles and school buses, defined hereinafter, vehicles and combinations or governmental entities and utilities where their contractors are engaged in construction or maintenance on a posted highway or in a location which can be reached only via 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 via a posted highway.
Any vehicle or combination as defined and/or governed by the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
A motor vehicle designated for carrying more than 10 passengers, exclusive of the driver, and used for the transportation of school children.
The Borough Council has determined and hereby determines based upon a weight restriction study conducted by Herbert, Roland and Grubic, Inc., Professional Engineers, dated November 12, 2014, and otherwise, that West Pine Street in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, may be damaged or destroyed unless the permissible weight of motor vehicles is restricted to the weight limit of three tons.
A.
Pursuant to the findings under § 475-31, supra., and by authority of Section 4902 of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon West Pine Street in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, with gross weight in excess of three tons as set forth in § 475-31 hereof.
Name of Street or Bridge | Maximum Gross Weight (tons) | Location |
|---|---|---|
West Pine Street | 3 | Entire length |
Mountain Street [Added by Ord. No. 2019-04] | 3 | Entire length |
B.
Local traffic as defined herein shall be exempted from the restrictions imposed under § 475-32A above. However, if the Borough Council determines that any local traffic is likely to damage the road, the Borough Council will so notify the registrants of the motor vehicle or combination and will also notify the Mount Holly Springs Police Department. 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 § 475-34 hereof.
A.
Mount Holly Springs Borough may issue permits for the movement of motor vehicles or combinations with weights in excess of the restrictions imposed under § 475-31, supra., and may require such undertaking or security as they deem necessary to cover the costs of anticipated or probable repairs and restoration necessitated by the permitted movement of vehicles.
B.
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 Borough shall erect or cause to be erected and maintained 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 Borough 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 § 475-31 is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $75, 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.
The provisions of this article are severable. If any sentence, clause, or section of this 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 Mount Holly Springs Borough Council that this article would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, or section not been included herein.
This article shall become effective five days after enactment.
All ordinances or parts of ordinances inconsistent with this article are hereby repealed insofar as they may be inconsistent herewith.