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Borough of Boyertown, PA
Berks County
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[Amended 12-2-1996 by Ord. No. 3-96]
A. 
Definitions. For the purpose of this article, the following definitions shall prevail:
BARRICADE
Any object visible for a distance of 100 feet in clear weather that is used to block off an area of a street or highway.
PERSON
Includes any natural person, firm, company, partnership, association or corporation.
ROADWAY
That portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
SNOW EMERGENCY ROUTES
Those streets marked as such in accordance with the provisions of this article.
SNOW MEASUREMENT
The average of three or more readings in any area established by the Mayor, his designee, or the Chief of Police.
SNOW TIRES
Any tires mounted on drive wheels of motor vehicles which are especially designed by tire manufacturers to give effective traction on snow-, mud- or ice-covered streets by means of extra heavy duty treads with special high-traction patterns, except that no tires so defined shall be construed to be a snow tire if it is worn to less than 3/16 inch of tread depth or is damaged or worn to the extent that its performance would be substantially impaired.
STREET or HIGHWAY
The entire width between curbs or boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
TIRE CHAINS
Any hard metal chains mounted on drive wheel tires of motor vehicles which cross the tread of each such tire laterally in at least eight different places.
B. 
Declarations of Mayor.
(1) 
The Mayor or his designee shall cause each declaration made by him pursuant to this article to be publicly announced by means of simultaneous broadcasts from all of the radio stations WEEU, WBYN, WPAZ and WFMZ or any other radio station with a normal operating range covering the Borough. The Mayor or his designee may also cause such declaration to be further announced in newspapers of general circulation in the Borough, when feasible. A parking prohibition declared by the Mayor or his designee shall not go into effect until at least two hours after it has been announced at least two times between 6:00 a.m. and 11:00 p.m., in accordance with this section.
(2) 
The Mayor or his designee shall make or cause to be made a record of each time and date when any declaration is announced to the public in accordance with this section.
C. 
Termination of parking prohibition by Mayor or his designee. Whenever the Mayor or his designee shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this article no longer exist, he shall declare the prohibition terminated, in whole or in part, in the same manner prescribed by this article for declaration of an emergency, effective immediately upon announcement.
D. 
Provisions temporarily effective to take precedence. Any provision of this article which becomes effective by declaration of the Mayor or his designee, or upon the occurrence of certain weather conditions shall, while temporarily in effect, take precedence over other conflicting provisions of law normally in effect, except that it shall not take precedence over provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicles or emergency traffic directions by a police officer.
[Amended 12-2-1996 by Ord. No. 3-96]
A. 
Whenever the Mayor, Council President or Borough Manager finds, on the basis of falling snow, sleet or freezing rain, or on the basis of a forecast by the United States Weather Bureau or other weather service of snow, sleet or freezing rain, that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking or standing on Borough streets be prohibited or restricted for snowplowing and other purposes, the Mayor shall put into effect a parking prohibition on parts of or all snow emergency routes as necessary by declaring it in a manner prescribed in this article.
B. 
Notwithstanding the provisions of Subsection A hereof, a parking prohibition shall automatically go into effect on any part of any snow emergency route on which there has been an accumulation of snow and/or ice of six inches or more.
C. 
Once in effect, a prohibition under this section shall remain in effect for 24 hours, unless extended by the Mayor or his designee for an additional period or periods of 24 hours each, except that any street area which has become substantially clear of snow and ice from curb to curb for the length of the entire block shall be automatically excluded therefrom. While the prohibition is in effect, no person shall park or allow to remain parked any vehicle on any portion of a snow emergency route to which it applies. However, nothing in this section shall be construed to permit parking at any time or place where it is forbidden by any other provision of law.
D. 
No person shall operate a motor vehicle on a snow emergency route for which a snow emergency declaration is in effect unless the vehicle is equipped with tire chains or snow tires.
E. 
No person operating a motor vehicle on a part of a snow emergency route for which a snow emergency declaration is in effect shall allow such vehicle to become stalled because the motor fuel supply is exhausted or the battery has become inoperative.
F. 
No person shall operate a motor vehicle on a snow emergency route for which a snow emergency declaration is in effect if said vehicle does not have all windows clear of snow and ice.
G. 
No person shall operate a motorcycle, motor scooter, bicycle or other unlicensed vehicle or mode of transportation on a snow emergency route for which a snow emergency declaration is in effect.
H. 
Removing and impounding of vehicles. Members of the Police Department are hereby authorized to remove or have removed a vehicle from a street when:
(1) 
The vehicle is parked on a part of a snow emergency route on which a parking prohibition is in effect.
(2) 
The vehicle is stalled on a snow emergency route for which there is a snow emergency declaration in effect and the person responsible therefor does not promptly remove it.
(3) 
The vehicle is parked in violation of any parking ordinance or provision of law and is interfering with or about to interfere with snow removal operations.
[Amended 12-2-1996 by Ord. No. 3-96]
A. 
The streets or parts of streets described in Schedule XVII (§ 184-54), attached to and made a part of this chapter, are hereby designated as snow emergency routes.
B. 
On each street designated by this article as a snow emergency route, the Borough shall post special signs, one in each block with the wording: SNOW EMERGENCY ROUTE, NO PARKING DURING EMERGENCY, TOW AWAY ZONE or other such wording as shall be approved by the Department of Transportation of the Commonwealth of Pennsylvania. These signs shall be plainly readable to persons travelling on the street or highway.
C. 
Any one of the following persons, the Mayor, his designee or the Chief of Police, shall have the authority to barricade any street (including streets which are not snow emergency routes) and redirect traffic whenever necessary to plow, clear or otherwise remove snow. It shall be unlawful for any person to bypass or run through or over any such barricade.
D. 
Borough-controlled or -operated equipment is permitted to operate in any direction on any street at any time upon orders of the Mayor, his designee or the Chief of Police.
[Amended 12-2-1996 by Ord. No. 3-96]
A. 
If, at any time during a period of snow emergency declared under this article, a person shall park a motor vehicle or allow a motor vehicle to remain parked anywhere upon a snow emergency route, that person shall be guilty of a violation of this section and, upon conviction, shall be punishable as provided in § 184-25 of this chapter.
B. 
If, at any time during a period of snow emergency declared under this article, a person shall drive a motor vehicle upon a snow emergency route without having that vehicle equipped with snow tires or chains, or otherwise violate this article (except as provided in Subsection A of this section), that person shall be guilty of a violation of this section and, upon conviction, shall be punishable as provided in § 184-37 of this chapter.
C. 
Whenever any motor vehicle is found parked or left in violation of any provision of this article, notice of such violation shall be given in the manner provided by the Pennsylvania Vehicle Code.
D. 
In any prosecution with regard to a vehicle parked or left in a place or in a condition in violation of any provision of this article, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this article, together with proof that the defendant named in the complaint was at the time the registered owner of such vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this article.