A.
Words and phrases, when used in this chapter, except for sections
or articles 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,[1] 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.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
B.
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.
C.
In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
D.
Although the streets in the Borough 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 Pennsylvania Avenue and the streets parallel or generally parallel
to Pennsylvania Avenue shall be deemed to run in an east-west direction.
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.
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repealed or superseded ordinances or regulations.
A.
The Mayor or his designated representative 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.
B.
Such temporary and emergency regulations shall be enforced by the
Police Department in the same manner as permanent regulations and
vehicles may be towed in the discretion of the Police Department,
with the owner or operator responsible for such towing and storage
fees. Any person who shall operate or park a vehicle or tractor in
violation of any such temporary and emergency 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 under
and the Pennsylvania Vehicle Code for defacing a traffic control device.
The Borough Council may, from time to time by resolution, designate
places upon and along the highways in the Borough 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 Borough relative to
traffic and parking.
A.
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.
B.
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.
A.
ASSEMBLAGE
PROCESSION
(1)
(2)
(3)
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.
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 special event permit from Council pursuant to the
Borough of Irwin Special Event Permit Code. 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.
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 special event permit from Council. Application for
the permit shall be made pursuant to the Borough of Irwin Special
Event Permit Code. 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.
The police officers of the Borough 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.
A.
The Borough 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 75 Pa.C.S.A. § 3368.
B.
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.
A.
Where this chapter does not provide specific penalties for violations
of any section of this chapter, violations and penalties of the standards
and provisions herein shall be as set forth in the Pennsylvania Vehicle
Code or other applicable state and/or federal law.
B.
Not mutually exclusive. The Borough may charge violations of the
provisions herein as set forth by violations and penalties provisions
of this chapter and/or as set forth by the Pennsylvania Vehicle Code
or other state or federal law.
