Township of Maidencreek, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Maidencreek 1-3-1995 by Ord. No. 144. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 186.
Vehicles and traffic — See Ch. 204.

§ 174-1 Title.

This chapter shall be known and may be cited as the "Snow Emergency Ordinance of the Township of Maidencreek."

§ 174-2 Definitions.

A. 
In this chapter, except as hereinafter otherwise defined, the terms used shall have the meanings ascribed to them in the Pennsylvania Motor Vehicle Code.
B. 
For the purpose of this chapter, 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.
CHAIRMAN
The person elected or appointed to hold the office of Chairman of the Board of Supervisors of the Township of Maidencreek pursuant to the provisions of the Second Class Township Code.
CINDER
Any abrasive material to be put on hard snow or ice areas, including, but not limited to, cinder, sand, fine gravel, sawdust, salt, or fine crushed stone.
COMMON STREETS
Those streets or roadways in the Township of Maidencreek which are not designated herein as snow emergency routes.
ROADMASTER
The person so designated by the Board of Supervisors of the Township of Maidencreek.
ROADWAY
That portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
SIDEWALK
That portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
SNOW EMERGENCY ROUTES
Those streets designated and marked as such in accordance with the provisions of this chapter.
SNOW TIRES
Any tires mounted on drive wheels of motor vehicles which are specifically 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 tire so defined shall be construed to be a snow tire if it is worn to less than 3/16 inch 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.
TOWNSHIP
The Township of Maidencreek, Berks County, Pennsylvania.

§ 174-3 Parking on snow emergency routes.

A. 
Whenever the Chairman or Roadmaster 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 Township streets be prohibited or restricted for snow plowing and other purposes, the Chairman of the Board of Supervisors shall declare and put into effect a parking prohibition on parts of or on all snow emergency routes as necessary by causing notices of such parking prohibition to be posted as prescribed in this chapter.
B. 
When the Chairman of the Board of Supervisors shall declare a parking prohibition as herein provided for, he shall cause notices thereof to be posted on both sides of the Township's snow emergency routes at least two hours before such parking prohibition becomes effective. Said notices shall be posted at intervals not exceeding 150 feet, said intervals not to include the distance of any intervening street or intersection.
C. 
Notwithstanding the provisions of Subsections A and B above, 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 four inches or more for one hour or more between 6:00 a.m. and 11:00 p.m. of any day.
D. 
Once in effect, a prohibition under this section shall remain in effect until terminated by the Chairman of the Board of Supervisors, as provided for in § 174-10 of this chapter, except that any street area which has become substantially clear of snow and ice from curb to the center of the street 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.

§ 174-4 Parking on common streets.

Whenever the Chairman of the Board of Supervisors finds, on the basis of amount of snow and after Snow Emergency Routes are opened, that parking on common streets must be prohibited or restricted for snow plowing and other snow removal purposes, the Chairman shall put into effect a parking prohibition on parts of or on all of common streets as necessary by causing notices of such parking prohibition to be posted on both sides of the affected common streets at least 12 hours before said parking prohibition goes into effect. Such prohibitions or restrictions shall remain in effect until terminated by the Chairman, as provided for in Section 10 of this chapter, except that any street area which has become substantially clear of snow and ice from curb to the center of the street 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 common street 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.

§ 174-5 Condition of motor vehicles operated on snow emergency routes.

A. 
No person operating a motor vehicle on a snow emergency route on which thee is a covering of snow, sleet, or ice shall allow such vehicle to become stalled wholly or partly because the drive wheels thereof are not equipped with effective tire chains or snow tires.
B. 
No person operating a motor vehicle on a snow emergency route on which there is a covering of snow, sleet or ice or on which there is a parking prohibition in effect, shall allow such vehicle to become stalled because the motor fuel supply is exhausted or the battery has become inoperative.
C. 
No person shall operate a motor vehicle on a snow emergency route on which there is a covering of snow, sleet or ice, if said vehicles does not have all windows clear of snow and ice.
D. 
No person shall operate a motorcycle, motor scooter, or bicycle on a snow emergency route on which there is a covering of snow, sleet or ice.
E. 
No person shall operate a motor vehicle without tire chains or snow tires on a snow emergency route on which there is a covering of snow, sleet, or ice more than eight inches in depth.

§ 174-6 Removing, impounding, and return of vehicles.

A. 
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 part of a snow emergency route on which there is a covering of snow, sleet, or ice and on which there is a parking prohibition in effect and the person owning or operating said vehicle does not appear to be removing in accordance with the provisions of this chapter.
(3) 
The vehicle is parked in violation of any parking ordinance or provision of law and is interfering or about to interfere with snow removal operations.
B. 
If any person parks or leaves a vehicle in a place or in a condition in violation of any provision of this chapter, such vehicle may be removed by or under the direction of a police officer of the Township of Maidencreek by means of towing or otherwise, said removal to be in accordance with the provisions of such towing and impounding ordinance or ordinances as may then be in effect in the Township of Maidencreek.

§ 174-7 Stalled vehicle.

A. 
Whenever a vehicle becomes stalled for any reason, whether or not in violation of this chapter, on any part of a snow emergency route or other Township street on which there is a snow emergency parking prohibition or restriction in effect and on which there is a covering of snow, sleet, or ice, the person operating such vehicle shall take immediate action to move the vehicle towed or pushed off the roadway of such snow emergency route or other street either into the first crossed street which is not a snow emergency route or onto the public space portion of a nearby driveway. No person shall abandon or leave his vehicle in the roadway of a snow emergency route or other Township street on which there is a snow emergency parking prohibition or restriction in effect (regardless of whether he indicates, by raising the hood or otherwise, that the vehicle is stalled), except for the purpose of securing assistance during the actual time necessary to go to a nearby telephone or to a nearby garage, gasoline station, or other place of assistance and return without delay.
B. 
Any Township-owned vehicle and/or authorized tow truck is authorized to push or otherwise move, without liability on the Township's part for any damage resulting thereto, any stalled vehicle remaining in violation of the foregoing provision. Any and all costs incurred for the enforcement of this section shall be the sole responsibility of the owner of the subject vehicle.

§ 174-8 Provisions temporarily effective to take precedence.

Any provision of this chapter which becomes effective by declaration of the Chairman of the Board of Supervisors 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.

§ 174-9 Signs to mark snow emergency routes; barricades.

A. 
On each street designated by this chapter as a snow emergency route, the Roadmaster shall post special signs, one in each block and/or at intervals not exceeding 660 feet and at all points where any street affected joins another street with the wording "SNOW EMERGENCY ROUTE. NO PARKING DURING EMERGENCY. TOW AWAY ZONE" or such other wording as shall be approved by the Secretary of Highways of the Commonwealth of Pennsylvania. These signs shall be distinctive and uniform in appearance and shall be plainly readable to persons traveling on the street or highway.
B. 
The Chairman of the Board of Supervisors and Roadmaster are hereby jointly authorized to barricade any street 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 such barricade.
C. 
Township-controlled or operated equipment is permitted to operate in any direction on any street at any time upon orders of the Chairman of the Board of Supervisors or Roadmaster.

§ 174-10 Termination of parking prohibition by Chairman of Street Committee.

Whenever the Chairman of the Board of Supervisors shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this chapter no longer exists, he shall declare the prohibition terminated in whole or part, by causing to be removed the notices required to be posted by the provisions of §§ 174-3 and 174-4 of this chapter, the termination of said prohibition to become effective immediately as to any street block in the Township when said notices are removed by duly authorized representatives of the Chairman of the Street Committee.

§ 174-11 Citation on vehicle parked or left in violation.

Whenever any motor vehicle is found parked or left in violation of any provision of this chapter, notice of such violation shall be given in the manner provided for parking violations in the Township of Maidencreek as otherwise set forth by ordinance or regulation.

§ 174-12 Evidence with respect to vehicles parked or left in violation.

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 chapter, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this chapter, 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 chapter.

§ 174-13 Snow emergency routes designated.

The following streets or highways or portions of streets or highways within the Township of Maidencreek are hereby designated as snow emergency routes:
Street
Location
Blandon Meadows Parkway
Entire length
Cornerstone Drive
Entire length
Faith Drive
Entire length
Genesis Drive
From Route No. 222 to Faith Drive
Hoch Road[1]
From Park Road to South View Road
Independence Court
Entire length
Main Street (SR0073)
[Added 10-11-2007 by Ord. No. 211]
From Park Road (SR1010) to Guldin Road (T760)
South View Drive
Entire length
Spirit Court
Entire length
Walnut Tree Drive
Entire length
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 174-14 Removal of sign or notice prohibited.

It shall be unlawful for any person to remove, without the authorization of the Chairman of the Board of Supervisors, any sign or notice posted in accordance with the provisions of this chapter.

§ 174-15 Violations and penalties. [1]

Any person who violates any provision of this chapter shall be subject to the general penalty provisions as prescribed in Article I of Chapter 1, General Provisions.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).