This chapter shall be known as the "New Garden Township Traffic Ordinance."
The provisions of this chapter, in so far as they are the same as those
of ordinances in force prior to the adoption of this chapter, are intended
as a continuation of such ordinances and regulations, and not as new enactments.
The provisions of this chapter shall not affect any act done or liability
incurred, nor shall they affect any suit or prosecution pending or to be instituted
to enforce any right or penalty, or to punish any offense under such ordinances
or regulations as aforesaid.
The Township Supervisors and/or the Police Department may, from time
to time, designate places upon or along Township streets where, for a period
of not more than 90 days, specific traffic and/or parking regulations, prohibitions
and/or restrictions shall be in full force and effect, and shall designate
those locations by appropriate signs and/or markings. Those regulations, prohibitions
and/or restrictions shall be effective in the same manner as if they had been
specifically specified within this chapter. Accordingly, no person shall drive,
operate or park a vehicle in violation of any such regulation, prohibition
and/or restriction, and no person shall move, remove, destroy, damage or otherwise
deface any sign or marking erected, posted or made by authority of this section.
Any person who violates any provision of this section shall, upon being found
liable thereof in a criminal enforcement proceeding, pay a fine of not more
than $1,000, plus court costs and reasonable attorneys' fees, and may
be incarcerated for a period not exceeding 90 days for each and every violation.
Such fine, costs, attorneys' fees and incarceration, after being reduced
to a final, unappealed judgment, shall be enforced by the Township pursuant
to the applicable Rules of Criminal Procedure. Each twenty-four-hour period
during which failure to comply continues shall constitute a separate violation.
This remedy shall be in addition to any lawful remedies available to the Township
or the Police Department. It is specifically noted that the purpose of this
section is to allow for the test and experimental determination of the feasibility
and desirability of permanent changes in the chapter of the Township relating
to traffic and parking.
Police officers of the Township shall have full authority on all the
highways, streets, roads, and intersections within the Township where the
provisions of the Pennsylvania Motor Vehicle Code and this chapter apply,
to do the following:
A. Regulate and control traffic and parking.
B. Enforce, in accordance with applicable law, speed restrictions
of the Vehicle Code and this chapter by or with any device, instrument or
other means authorized or otherwise not prohibited by applicable law, including,
but not limited to use of speedometers, excessive speed preventers, speed
checks, Vascar Plus and/or stop watches.
C. Enforce, in accordance with applicable law, provisions of the
Pennsylvania Motor Vehicle Code concerning driving under the influence of
alcohol and/or drugs, by or through any advice, instrument, procedure, mechanism
or other means authorized or not otherwise prohibited by the Pennsylvania
Motor Vehicle Code, or other applicable law.
D. Enforce, in accordance with applicable law, any and all provisions
of the Pennsylvania Motor Vehicle Code and this chapter within New Garden
Township, Chester County, Pennsylvania, using any device, instrument, equipment,
or other means authorized or otherwise not prohibited by applicable law.