[Ord. 128, 4/26/1994]
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.
[Ord. 128, 4/26/1994]
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. 128, 4/26/1994]
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repealed or superseded ordinances or regulations.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. 128, 4/26/1994; as amended by Ord. 133, 1/28/1997; and by Ord. 158, 3/26/2002]
The Board of Supervisors shall have the following powers to
regulate traffic and parking temporarily and in time of emergency:
1.
In the
case of fire, flood, storm or other emergency, to establish temporary
traffic and/or parking regulations.
2.
In the
case of emergency or to facilitate public works, 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
72 hours.
3.
In the
case of snowfall in excess of two inches, no parking shall be permitted
or occur on any Township road or any State highway plowed by the Township
pursuant to any contract with the Pennsylvania Department of Transportation
until the snow has ceased falling and the roadway and shoulders have
been cleared of snow. The Township shall place an advertisement in
a local newspaper published daily prior to November 1, of each year
advising the general public that said parking restriction exists.
4.
Such temporary
and emergency regulations shall be enforced by the Supervisors 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 or 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.
5.
The application
of the above enforcement provisions shall not be held to prevent the
Township from removing a motor vehicle from a public read during an
emergency. The Township shall have the right to have the vehicle removed
and it shall have a lien against the vehicle for the reasonable expenses
incurred by the Township in the removal and storage of the vehicle.
[Ord. 128, 4/26/1994]
The Board of Supervisors may, from time to time by resolution,
designate places upon and along the highways in the Township of Smithfield
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 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; 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 Township of Smithfield relative to traffic
and parking.
[Ord. 128, 4/26/1994]
1.
Board
of Supervisors 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.
Board
of Supervisors 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. 128, 4/26/1994]
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 Board of Supervisors, 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 shall 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 Board of Supervisors, 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. 128, 4/26/1994]
(Reserved for future use).
[Ord. 128, 4/26/1994; as amended by Ord. 153, 11/27/2001]
1.
Restrictions
Based on Condition of Highways and Bridges. Smithfield Township, with
respect to highways and bridges under its jurisdiction, may prohibit
the operation of vehicles and may impose restrictions as to the weight
or size of vehicles operated upon a highway or bridge whenever they
determine that the highway or bridge may be damaged or destroyed unless
use by vehicles is prohibited or the permissible size or weight of
vehicles is reduced. School buses, emergency vehicles and vehicles
making local deliveries or pickups may be exempted from restrictions
on the use of highways imposed under this subsection.
2.
Restrictions
Based on Traffic Conditions. Smithfield Township, with respect to
highways and bridges under its jurisdiction, may prohibit the operation
of vehicles and may impose restrictions as to the weight or size of
vehicles operated upon a highway or bridge whenever they determine
that hazardous traffic conditions or other safety factors require
such a prohibition or restriction. School buses, emergency vehicles
and vehicles making local deliveries or pickups may be exempted from
restrictions on the use of highways imposed under this subsection.
3.
Permits and Security. Smithfield Township may issue permits from movement of vehicles of size and weight in excess of restrictions promulgated under Subsections 1 and 2 with respect to highways and bridges under their jurisdiction and may require such undertaking or security as they deem necessary to cover the cost of repairs and restoration necessitated by the permitted movement of vehicles.
4.
Erection of Signs. Smithfield Township shall erect or cause to be erected and maintained restriction signs designating the restrictions at each end of a bridge or portion of highway restricted as provided in Subsection 1 or 2. In the case of a restriction of a bridge or on a highway which does not begin or end at an intersection with an unrestricted highway, Smithfield Township shall also place an advance informational sign at the intersection nearest each end of the restricted bridge or portion of highway which would allow drivers to avoid the restricted bridge or portion of highway. No person shall be convicted of violating Subsection 1 or 2 unless the restriction sign designating the restricted bridge or portion of highway to traffic moving in the direction the person was driving was posted as required in this subsection. However, failure to post the restriction sign designating the restricted bridge or portion of highway to traffic moving in the opposite direction or failure to post any advance informational sign shall not constitute a defense to a violation of this Section.
5.
Penalty.
A.
Any person operating a vehicle or combination upon a highway or bridge in violation of a prohibition or restriction imposed under Subsection 1 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.
