[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repealed or superseded ordinances or regulations.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]
(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.
B. Any person operating a vehicle or combination in violation of a prohibition or restriction imposed under Subsection
2 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.
6. The Township imposes the following weight or size restrictions on highways and bridges based upon condition of the highways and bridges under Subsection
1 as follows:
Bridge
|
Location
|
Weight Limit
|
---|
Twin Falls Road Bridge
|
Marshalls Creek
|
3 tons
|
7. The Township imposes the following weight or size restrictions on highways and bridges based upon the condition of highways and bridges under Subsection
2 as follows:
(Reserved)