A. 
Words and phrases, when used in this chapter, shall have the meanings ascribed to them in the Vehicle Code of Pennsylvania, as now in force, or as hereafter amended, enacted or reenacted, except where the context clearly indicates a different meaning.
B. 
For the purposes of this chapter, the following terms shall have the meanings indicated:
BOOT or BOOTED
The act of immobilizing a motor vehicle in such a manner as to prevent its operation with a device or by means which will cause no damage to such a vehicle unless it is moved while such device is in place or such means are employed.
[Added 7-16-2014 by Ord. No. 9-2014]
LEGAL HOLIDAYS
New Year's Day, Martin Luther King's Birthday, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
[Amended 3-13-1974 by Ord. No. 4-1974; 4-9-1986 by Ord. No. 3-1986; 8-26-1987 by Ord. No. 9-1987; 2-18-2015 by Ord. No. 2-2015]
OUTSTANDING PARKING CITATION
A citation issued for a violation of any parking regulation in Articles III, IV, VI, VII and IX of this Chapter 104 of the Borough Code or the Pennsylvania Motor Vehicle Code for which a citation has been issued and the fine has not been paid.
[Added 7-16-2014 by Ord. No. 9-2014]
OVERSIZED VEHICLE
Any motor vehicle with a gross vehicle weight ("GVW") of 10,000 pounds or more. This definition also includes the following vehicles as defined by the Pennsylvania Motor Vehicle Code, (75 Pa.C.S.A. § 102): articulated bus, bus, combination, food trailer, house trailer, mobile home, motor home, recreation trailer, semitrailer, recreational vehicle, as well as any automobile or boat transporter or trailer, truck camper, truck tractor, utility trailer, boat, snow mobile, all-terrain vehicle, pick-up campers, tent trailers or similar vehicles or trailers.
[Added 3-20-2019 by Ord. No. 05-2019]
C. 
In this chapter, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and the neuter.
D. 
In this chapter, the sections governing violations and penalties, and in particular §§ 104-46, 104-56 and 104-74, have been drafted to encourage prompt payment of fines and penalties. More specifically, fines and penalties have been set at a specified rate, but it has been provided that if the fines and penalties are paid within 72 hours, they may be paid at a specified reduced rate. Since the cost of administration of the fines and penalties provisions of this chapter significantly increase after 72 hours, the Council of the Borough of West Chester believes that the best interests of the Borough are served by encouraging prompt payment of fines and penalties in accordance with the procedures set forth in the relevant sections contained in this chapter.
[Added 2-11-1981 by Ord. No. 1-1981]
All traffic and parking regulations of a permanent nature shall be enacted as ordinances or as parts of ordinances or as amendments to ordinances of the Borough of West Chester.
A. 
The Mayor and Parking Services Department shall have the following powers to regulate traffic and parking temporarily:
[Amended 4-21-2021 by Ord. No. 04-2021]
(1) 
In the case of fire, flood, storm or other emergency, to establish temporary traffic and/or parking regulations.
(2) 
In other occasions where temporary regulation of traffic and parking may be necessary, including but not limited to public works, funerals, parades, and other public events.
B. 
Such temporary and emergency regulations shall be enforced by the Mayor and the Police Department in the same manner as permanent regulations. Any person who shall operate or park a vehicle or tractor in violation of any such regulation or who shall move, remove, destroy, injure or deface any sign or marking erected, posted or made to give notice of any such regulations shall, upon conviction thereof, be liable for 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 $20 and costs of prosecution or to imprisonment in the county jail for not more than five days, or both.
[Amended 7-21-2010 by Ord. No. 15-2010]
The Borough Council may, from time to time, 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 just 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 liable 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 $10 and costs of prosecution or to imprisonment in the county jail for not more than five days, or both, provided 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 ordinances of the Borough relative to traffic and parking.
The police officers of the Borough of West Chester are hereby given authority to direct traffic on the highways of the Borough and at intersections thereof.
[Added 8-8-1984 by Ord. No. 7-1984]
A. 
Approval of use. The use of speed-timing devices, as defined and set forth in the Pennsylvania Vehicle Code and the regulations promulgated pursuant thereto, is hereby approved in and for the Borough of West Chester to aid in the enforcement of speed restrictions applicable within the borders of the Borough. The police officers of the Borough are hereby authorized and directed to use approved speed-timing devices to aid in the enforcement of speed restrictions applicable within the borders of the Borough of West Chester.
B. 
Statutory authority. All types of speed-timing devices permitted by the Pennsylvania Vehicle Code and regulations promulgated pursuant thereto, as the same may be amended from time to time, are hereby approved for use by all Borough police officers. The speed-timing devices hereby approved include mechanical, electrical and electronic devices as set forth in the Vehicle Code, provided that those devices shall be of the type approved by the Pennsylvania Department of Transportation as provided in the Act of June 17, 1976, P.L. 162, No. 81, Section 81, 75 Pa.C.S.A. §3368, and the regulations promulgated thereunder.
C. 
Types of devices. The speed-timing devices designated in § 104-5.1B hereof shall include, by way of example, but need not be limited to, the devices set forth in Section 105.51 of Title 67 of the Pennsylvania Code, including:
(1) 
Electrical speed-timing systems manufactured by Richard Hageman.
(2) 
Model TK-100, Excessive Speed Preventer, manufactured by Systems Innovation, Inc.
(3) 
Speed Chek, manufactured for the Union Agency.
(4) 
Mechanical equipment as set forth in the reference section of the Pennsylvania Code, including stop watches and the speed machine manufactured for the Union Agency.
(5) 
Electrical-mechanical equipment as set forth in Section 105.91 of Title 67 of the Pennsylvania Code, including Vascar-Plus, manufactured by Traffic Safety Systems, Inc.
D. 
Signs. Legible signs giving public notice of speed-timing devices in the Borough of West Chester may be posted at or near the public highways at the boundaries of or within the Borough.