This chapter shall be known as the "Motor Vehicle Weight Limitation
and Bonding Ordinance of Mahoning Township."
This chapter is enacted pursuant to the authority conferred
by the Vehicle Code, Act of 1976, June 17, 1962, No. 8, 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 §§ 4902(1) and 6103 (75 Pa.C.S.A. § 4902(f)
and 6103).
The following words when used in this chapter shall have the
following meanings, unless the context clearly indicates otherwise:
EMERGENCY VEHICLE
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
§ 6106 of the Vehicle Code (relating to designation of emergency
vehicles by Pennsylvania State Police).
EXCESS MAINTENANCE
Maintenance or restoration or both (but not betterment) of
a posted roadway in excess of normal maintenance, caused by use of
over-posted-weight vehicles.
LOCAL TRAFFIC
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 roadway or in a location which can be reached only via a posted
roadway, and vehicles and combinations going to or coming from a residence
or farm located on a posted roadway or which can be reached only via
a posted roadway.
MOTOR VEHICLE
Any vehicle or combination as defined and/or governed by
the Vehicle Code, 75 Pa.C.S.A., § 101 et seq., as amended.
NORMAL MAINTENANCE
The usual and typical activities necessary to maintain the
roadway, shoulders and drainage facilities in the state of repair
existing at the date of the inspection prescribed in § 189.4(f)(1)
(relating to use under permit).
POSTED ROADWAY
A roadway within the Township having a posted weight limit.
POSTED WEIGHT LIMIT
A restricted weight limit posted on a highway under authority
of 75 Pa.C.S.A. § 4902.
SCHOOL BUS
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
The Board of Supervisors has determined and hereby determines
based upon weight and size restrictions based on highway conditions
and studies and otherwise that the following roads be damaged or destroyed
unless the permissible weight of motor vehicles is restricted to the
weight limits listed. A complete list of the roads, identified by
their route number, road name, part of the road restricted and weight
limit, is attached hereto as Exhibit "A" and is made a part hereof.
The Township 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 chapter. 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 §
236-4 shall, upon conviction by a Magisterial District Justice, pay a fine consistent with the applicable section of the Pennsylvania Motor Vehicle Code in effect at the time of the violation.
See the current applicable section of Title 75 at § 4902(g).
The provisions of this chapter are severable. If any sentence,
clause, or section of this chapter 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 chapter. It is hereby declared to be
the intent of the Board of Supervisors of Mahoning Township that this
chapter 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
chapter are hereby repealed insofar as they may be inconsistent herewith.