[Adopted 1-16-2024 by Ord. No. 949]
This article is enacted pursuant to the authority conferred by the Vehicle Code, Act of 1976, June 17, P.L. 1962, No. 81, 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 or to be promulgated under the Vehicle Code, by way of illustration and not limitation, under Section 4902(1) and 6103 (75 Pa.C.S.A. §§ 4902(f) and 6103).
Pursuant to the findings of the engineering studies and in accordance with the authority granted under Section 4902 of the Vehicle Code and the promulgation of the regulations thereunder, no motor vehicle or combination thereof with a gross weight in excess of 10 tons shall be operated upon the following Borough roads:
A. 
Liberty Street from the Redbank Valley Trail to Garfield Street a distance of 0.22 mile; and
B. 
Lafayette Street from the Redbank Valley Trail to the cemetery entrance a distance of 0.35 mile; and
C. 
Washington Street from Wood Street to McKinley Street a distance of 0.26 mile; and
D. 
Arch Street from Lincoln Street to Vine Street a distance of 0.062 mile.
A. 
New Bethlehem Borough may issue permits for the movement of motor vehicles or combinations thereof with weights in excess of the restrictions set forth in § 475-24 upon receipt of an appropriate application. Any such permits must be obtained from the Borough's Secretary prior to the movement of any such motor vehicle upon the Borough's roads enumerated in § 475-24. A bond, issued by a company acceptable to the Borough and at an amount not less than $12,500, prorated, per mile, shall be required at the time of the application for the permit. Any subcontractors, contractors or other companies working for or on behalf of the applicant shall be listed on the bond. The Borough, by and through the appropriate resolution, reserves the right to adjust the amount of bond required for any Borough road enumerated in § 475-24.
B. 
In addition to the permitting and bonding requirements, an applicant for a permit under this section shall enter into an agreement with the Borough requiring and obligating the applicant to maintain and repair the Borough road during the applicant's use of the road and to repair, if necessary, the road at the conclusion of the applicant's use of said road.
C. 
All action taken under the authority of this section shall be taken in accordance with the rules and regulations adopted by the Commonwealth of Pennsylvania, Department of Transportation, as found in Title 67 of the Pennsylvania Code.
A. 
The following motor vehicles are exempt from the restrictions imposed under § 475-24, as follows:
(1) 
Local traffic, as defined as a motor vehicle making a delivery to a location within the Borough but specifically excluding any motor vehicle transporting any items from a location within the Borough, including, without limitation, dirt, coal, timber and any other natural resources or any other material;
(2) 
School buses, transit buses, and emergency vehicles;
(3) 
Borough vehicles, motor vehicles owned and operated by other governmental agencies and utility companies, and motor vehicles owned and operated by companies performing work on behalf of the Borough;
(4) 
Two-axle pick-up trucks; and
(5) 
Motor vehicles for agricultural and farming purposes, excepting any such motor vehicles used for the removal of timber, coal or other natural resources.
B. 
Local traffic, as defined herein, shall be exempt from the restrictions imposed under § 475-24; provided, however, if the Borough Council determines that any such local traffic is likely to damage the road, then, in such an event, the Borough will so notify the owner and/or operator of the motor vehicle or combination thereof together with the Borough Police. After five business days following notice to said owner and/or operator, such local traffic shall not exceed the weight limits except in accordance with § 475-25 herein.
Signs shall be posted by the Borough at appropriate places advising motor vehicle operators of the restrictions and prohibitions of this article.
A. 
Any person operating a motor vehicle or combination thereof upon a road or bridge in violation of a prohibition or restriction imposed under § 475-24 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. 
This article may also be enforced by the Borough by the filing of an action, in equity or at law, so as to seek injunctive relief, monetary damages, or such other relief. The Borough shall have the authority to file any such action against the owner, operator or lessee of any motor vehicle that has not complied with the conditions of this article.
The provisions of this article are severable. If any sentence, clause or section of this article 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 article. It is hereby declared to be the intent of the New Bethlehem Borough Council that this article 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 article are hereby repealed insofar as they may be inconsistent herewith.
This article shall become effective five days after its enactment.