A.
As used in this chapter, the following terms shall
have the meanings indicated:
B.
LEGAL HOLIDAYS
PERSON
PROHIBITED PARKING
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.
Includes New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day.
A natural person, firm, copartnership, association or corporation.
The halting of a vehicle, whether occupied or not, except
momentarily for the purpose of and while actually engaged in loading
or unloading property or passengers.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
C.
In this chapter, the singular shall include the plural,
the plural shall include the singular, and masculine shall include
the feminine.
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those repealed or superseded ordinances or regulations.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 Borough Manager, Mayor and/or Chief of Police
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,
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.
C.
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,
to a fine of not more than $25, together with costs of prosecution.
A.
The Borough Council may, from time to time by resolution,
designate places upon and along the highways in Ephrata 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 and
no person shall move, remove, destroy or deface any sign or marking
erected, posted or made by authority of this section.
B.
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, of not more than $25 together
with costs of prosecution, 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 Ephrata
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.
C.
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of $25 and costs.
A.
ASSEMBLAGE
PROCESSION
Definitions. 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.
B.
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 permit from the Borough Council, which shall be issued
without fee. Application for the permit shall be made at least one
week in advance of the day of which the assemblage is proposed to
be held, but in any case where a state-designated highway is proposed
to be used, application shall be made at least three weeks in advance
of the proposed date. 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.
C.
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 permit from the Borough Council, which shall be issued
without fee. Application for the permit shall be made at least two
weeks in advance of the day when the procession is proposed to be
held, but in any case where a state-designated highway is proposed
to be used, application shall be made at least three weeks in advance
of the proposed date. 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.
D.
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of $25 and costs.
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.[1]
[1]
Editor's Note: Original Sec. 109, Authorization
for Use of Speed Timing Devices, which immediately followed this section,
was deleted 4-8-1996 by Ord. No. 1279.
[Added 8-13-2007 by Ord. No. 1430]
Whenever any vehicle has been parked in violation
of any provisions of this chapter prohibiting or restricting parking,
the person in whose name such vehicle is registered shall be responsible
for such violation and subject to the penalty therefor.
