[Ord. 595, 10/7/1991]
1.
Words
and phrases, when used in this Chapter, except for Sections or Parts
to which different or additional definitions apply, shall have the
meanings ascribed to them in The Vehicle Code (the Act of June 17,1976,
P.L. 162 No. 81), as amended, except that, in this Chapter, the word
“street” may be used interchangeably with the word “highway”,
and shall have the same meaning as the word “highway”
as defined in the Vehicle Code.
2.
The term
“legal holidays” as used in this Chapter shall mean and
include: New Year’s Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day.
3.
In this
Chapter, the singular shall include the plural, the plural shall include
the singular, and the masculine shall include the feminine.
4.
Although
the streets in the Borough of Nazareth run generally in a northeast-southwest
and a northwest-southeast direction, for the purpose of this Chapter,
Main Street and the streets running parallel or generally parallel
to Main Street shall be deemed to run in a north-south direction,
and Center Street and the streets parallel or generally parallel to
Center Street shall be deemed to run in an east-west direction.
[Ord. 595, 10/7/1991]
All traffic and parking regulations of a permanent nature shall
be enacted as ordinances, as parts of ordinances, as amendments to
ordinances or as amendments to this Chapter, except where the law
specifically authorizes less formal action.
[Ord. 595, 10/7/1991]
The provisions of this Chapter, so far as they are the same
as those of ordinances and regulations in force immediately before
the enactment of this Chapter, are intended as a continuation of those
earlier ordinances and regulations, and not as new enactments. Nothing
in this Chapter shall affect any act done or liability incurred, or
any suit or prosecution pending or to be instituted under any of those
repealed or superseded ordinances or regulations.
[Ord. 595, 10/7/1991]
1.
The Mayor
shall have the following powers to regulate traffic and parking temporarily
and in time of emergency:
A.
In the
case of fire, flood, storm or other emergency to establish temporary
traffic and/or parking regulations; and
B.
In the
case of emergency or to facilitate public works, or to facilitate
work in public streets, or in the conduct of parades, processions
or public events, to restrict or prohibit traffic and/or parking in
limited areas for periods of not more than 120 hours.
2.
Such temporary
and emergency regulations shall be enforced by the Police Department
in the same manner as permanent regulations. Any person who shall
operate or park a vehicle or tractor in violation of any such regulations,
or who shall move, remove, destroy, injure or deface any sign or marking
erected, posted or made to give notice of any such regulation, shall,
upon conviction thereof, be subject to the penalty set forth in the
law or elsewhere in this Chapter for a violation of such nature, and,
in case of a violation for which no specific penalty is set forth
in the law or elsewhere in this Chapter, to a fine of not more than
$25 together with costs of prosecution.
[Ord. 595, 10/7/1991]
The Borough Council may, from time to time by resolution, designate
places upon and along the highways in the Borough of Nazareth where,
for a period of not more than 90 days, specific traffic and/or parking
regulations, prohibitions and restrictions shall be in force and effect,
and shall designate such locations by proper signs and markings. Such
regulations, prohibitions and restrictions shall be effective as if
they had been specified in this Chapter. No person shall operate or
park a vehicle or tractor in violation of any such regulation, prohibition
or restriction, and no person shall move, remove, destroy or deface
any sign or marking erected, posted or made by authority of this Section.
Any person who shall violate any provision of this Section shall,
upon conviction thereof, be subject to the penalty set fort in the
law or elsewhere in this Chapter for a violation of such nature, an
in case of a violation for which no specific penalty is set forth
in the law or elsewhere in this Chapter, to a fine of not more than
$25 together with costs of prosecution; provided, the purpose of this
Section is to allow for the test and experimental determination of
the feasibility and desirability of permanent changes in the ordinances
of the Borough relative to traffic and parking.
[Ord. 595, 10/7/1991]
1.
The Borough
Council shall have authority to close any street or specific part
of a street to vehicular traffic and to place barriers or station
police officers at each end of the closed portion, while construction
or maintenance work is under way or a special event is being conducted
on the closed portion. It shall be unlawful for any person to drive
a vehicle upon any such closed portion.
2.
The Borough
Council shall have authority to establish a restricted traffic area
upon any street where construction or maintenance work is under way
and to station flagmen at each end of the restricted portion. It shall
be unlawful for any person to drive a vehicle upon any such restricted
traffic area at any time when the flagman is displaying a sign directing
that vehicle to stop, or is signaling that vehicle, by a flag or other
device, not to proceed.
3.
Any person
who violates any provision of this Section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
[Ord. 595, 10/7/1991]
1.
ASSEMBLAGE
PROCESSION
For the
purpose of this Section, the words “assemblage” and “procession”
shall have the following meanings:
A gathering of people without vehicles, which interferes
with the movement of pedestrian or vehicular traffic on any street;
A group of individuals, vehicles, animals and/or objects
moving along a street in a way that interferes with the normal movement
of traffic. A procession shall not include a funeral caravan or military
convoy.
2.
It shall
be unlawful for any person to hold or participate in any assemblage
unless the person organizing or conducting the assemblage first obtains
a permit from the Mayor, which shall be issued without fee. Application
for the permit shall be made at least one week in advance of the day
on which the assemblage is proposed to be held, but in any case where
a state-designated highway is proposed to be used, application be
made at least three weeks in advance of the proposed date. The permit
shall state the place where and the date when the assemblage is to
be held, the hour when the assemblage may convene and the hour by
which it shall have been completely dispersed. It shall be unlawful
for any person to hold or to participate in any assemblage unless
the permit has been granted, or at any time or place other than that
authorized by the permit.
3.
It shall
be unlawful for any person to hold or participate in any procession
unless the person organizing or conducting the procession first obtains
a permit from the Mayor, which shall be issued without fee. Application
for the permit shall be made at least two weeks in advance of the
day when the procession is proposed to be held, but in any case where
a state-designated highway is proposed to be used, application shall
be made at least three weeks in advance of the proposed date. The
permit shall specify the date on which the procession is to be held,
the route to be followed by the procession, the hour when and place
where participants may commence to assemble and form before the procession
is under way, the time when the procession may commence to move along
its route, and the time by which the end of the procession shall have
reached the end of the route of the procession and the procession
shall have been disbanded. It shall be unlawful for any person to
hold or to participate in any procession unless the permit shall have
been granted, or under any conditions as to time or route or otherwise
than those stated in the permit.
4.
Any person
who violates any provision of this Section shall, upon conviction,
be sentenced to pay a fine of $25 and costs.
[Ord. 595, 10/7/1991; as amended by Ord. 618, 6/6/1994]
The police officers of the Borough of Nazareth are hereby authorized
to direct traffic on the highways of the Borough and at intersections
thereof and to otherwise enforce the provisions of this Chapter. Parking
enforcement officers of the Borough shall have the authority to enforce
Parts 4, 5, 6 and 8 of this Chapter, and Section 3353 of the Pennsylvania
Motor Vehicle Code, which sets forth as follows:
Except when necessary to avoid conflict with other traffic or
to protect the safety of any person or vehicle or in compliance with
law or the directions of a police officer, or official traffic control
devices, no person shall stand or park a vehicle within 15 feet of
a fire hydrant.
[Ord. 595, 10/7/1991]
The Borough of Nazareth Police Department is hereby authorized
to use all speed timing devices for the determination of speed of
a motor vehicle as are approved or will be approved by the Department
of Transportation of the Commonwealth of Pennsylvania, in accordance
with Title 75, Pa.C.S.A. § 3368.
This Section authorizes the use of said devices upon all highways
within the Borough, be they Borough, County or State highways, and
does also hereby elect to exercise all powers granted to “local
authorities” under the Vehicle Code of the Commonwealth of Pennsylvania,
75 Pa.C.S.A. § 6101 et seq. (1977) as hereafter amended, supplemented,
modified or reenacted by the General Assembly of Pennsylvania.
[Ord. 815, 1/4/2016]
1.
The Police
Department is authorized to remove, impound and/or immobilize or to
order the removal, impounding and/or immobilization of any vehicle
parked on any of the streets of the Borough of Nazareth. The Department
of Public Works and/or the Police Department is authorized to remove,
impound and/or immobilize any vehicle parked in any Borough-owned
parking lot or any property owned or leased by the Borough of Nazareth
which is in violation of any of the provisions of the laws or ordinances
of the Borough when lawfully posted pursuant to the Pennsylvania Department
of Transportation Regulations.
A.
If any
motor vehicle/conveyance is illegally parked in violation of this
Code or any applicable provision of the Motor Vehicle Code of the
Commonwealth of Pennsylvania or whose owner is delinquent in payment
of fines, costs and penalties as a result of the owner's vehicle being
in violation of the parking laws of the Borough of Nazareth or the
Commonwealth of Pennsylvania, then that owner's vehicle(s)/conveyance(s)
shall be prohibited from parking on Borough streets and may be removed,
impounded or immobilized.
B.
The owner
of any vehicle/conveyance removed, impounded or immobilized under
this section may obtain possession of the vehicle/conveyance by:
C.
The Police
Department and the designated Parking Enforcement Officers employed
by the Borough of Nazareth are hereby further empowered to immobilize
any motor vehicle/conveyance parked on the streets or highways of
the Borough Of Nazareth in violation of this Code by attaching a wheel-locking
or similar device.
D.
Upon
notification of the accumulation of five unpaid parking tickets, with
one being in the penalty phase, the immobilization process shall be
implemented. Upon immobilization, a certified letter will be sent
to the last registered owner informing him/her of the reason for the
immobilization and the process for release of the vehicle. The last
registered owner of the vehicle, upon receipt of the certified letter,
will have seven business days to respond to the Nazareth Police Department
for direction to remedy immobilization and/or fines, costs and penalties.
If no response from the last registered owner is received by the Nazareth
Police Department within seven business days, the Police Department
shall institute actions against the vehicle's owner for abandonment
of the vehicle on public or private property. Vehicles not released
within the seven business days will be towed to a storage facility
chosen by the Borough of Nazareth and may accrue towing and storage
charges in addition to any other fines, costs, and penalties.
E.
No removed,
impounded or immobilized motor vehicle/conveyance shall be released
until all fines, costs and fees, including towing, storage and/or
immobilization owed by the vehicle owner have been paid in full with
the Borough of Nazareth. For the purposes of this section "all fines
and costs" shall include fines, penalties, and costs owed by the vehicle
owner for a parking ticket issued by the Nazareth Police or a designated
Parking Enforcement Officer employed by the Borough of Nazareth.
F.
If any
motor vehicle/conveyance is illegally parked in violation of this
chapter or any applicable provision of the Motor Vehicle Code of the
Commonwealth of Pennsylvania or whose owner is delinquent in payment
of fines and costs or whose owner is delinquent in payment of fines
and penalties as a result of his/her violation of the parking laws
of the Borough of Nazareth or the Commonwealth of Pennsylvania, then
that owner's motor vehicle(s)/conveyance(s) shall be prohibited from
parking on Borough streets and maybe seized, removed and impounded
or immobilized.
[Added by Ord. No. 875, 4/3/2023]
1.
No person shall drive, move, or park and no owner or motor carrier
shall knowingly permit to be driven, moved, or parked upon any Borough
of Nazareth street, public right-of-way, or public property any vehicle
which is not registered or which vehicle registration has been suspended,
revoked, cancelled, stolen, inactive, or issued to a vehicle other
than the vehicle on which it is displayed unless the vehicle is exempt
from registration.
2.
Any police officer may, according to the provisions of 75 Pa. C.S.A.
§ 1376(b.1), seize a registration plate that appears in
Pennsylvania Department of Transportation records as suspended, revoked,
canceled, stolen, inactive or issued to a vehicle other than the vehicle
on which it is displayed.
