A.Â
Words and phrases, when used in this chapter, except
for sections or parts 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.Â
EMERGENCY VEHICLES
MOTOR VEHICLE
OVERWEIGHT VEHICLE
TRUCK
As used in this chapter, the following terms shall
have the meanings indicated:
[Amended 8-3-2009 by Ord. No. 2009-15]
Appropriately identified vehicles from fire departments,
police departments, ambulance services, or disaster relief services.
A self-propelled device used for transportation of people
or goods over land surfaces and licensed as a motor vehicle.
Any motor vehicle which exceeds a posted weight limit on
any highway in the Township or exceeds a weight limit as specified
in this chapter of the West Hanover Township Code of Ordinances.
A motor vehicle designed primarily for the transportation
of property with a gross vehicle weight rating (GVWR) exceeding 17,000
pounds. The term includes motor vehicles designed with seats that
may be readily removed and reinstalled if those vehicles are primarily
used for the transportation of property and have a gross vehicle weight
rating exceeding 17,000 pounds.
[Added 11-5-2012 by Ord. No. 2012-21]
C.Â
In this chapter, the singular shall include the plural,
the plural shall include the singular and the 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those repealed or superseded ordinances or regulations.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.Â
The Chairman of the Board of Supervisors shall have
the following powers to regulate traffic and parking temporarily and
in time of emergency:
(1)Â
In the case of fire, flood, storm or other emergency,
to establish temporary traffic and/or parking regulations; and
(2)Â
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.Â
Such temporary and emergency regulations shall be
enforced by the state police in the same manner as permanent regulations.
Any person who shall operate or park a vehicle or tractor in violation
of any such 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 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.
A.Â
The Board of Supervisors may from time to time, by
resolution, designate places upon and along the highways in the township
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.
B.Â
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 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 township relative to traffic and parking.
A.Â
The Board of Supervisors 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.Â
The Board of Supervisors 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.Â
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of $25 and costs.
A.Â
ASSEMBLAGE
PROCESSION
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.Â
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 Board of Supervisors, which shall
be issued without a fee. Application for the permit shall be made
at least two weeks in advance of the day on 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.Â
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 Board of Supervisors, 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 four 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.Â
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of $25 and costs.
The Code Enforcement Officer or his designee
is hereby given authority to enforce the provisions of this chapter.
The state police are hereby authorized to use
all mechanical or electrical 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,
including but not limited to Vascar systems. This section authorizes
the use of said devices upon all highways within the township, be
they township, 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 P.S. § 101
et seq. (1977), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.