A. 
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, 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 "street" as defined in this article.
[Amended 7-19-2017 by Ord. No. 1023]
B. 
The term "legal holidays" as used in this chapter shall mean and include: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
C. 
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
D. 
[1] Whenever any time shall be set forth in this chapter, such time shall be in accordance with Eastern Standard Time or Eastern Daylight Saving Time, depending upon which standard of time shall be in general use in the Township.
[Added 7-19-2017 by Ord. No. 1023]
[1]
Editor’s Note: Former Subsection D, regarding directions of streets, was repealed 12-7-2016 by Ord. No. 1012.
E. 
Specific definitions. The following words when used in this chapter shall have the following definitions except where the context clearly indicates otherwise.
[Added 7-19-2017 by Ord. No. 1023]
BUS
A motor vehicle designed to transport 16 or more passengers, including the driver; or a motor vehicle, other than a taxicab or limousine, designed to transport not more than 15 passengers, including the driver, and used for the transportation of persons for compensation. The term does not include a vehicle used in a ridesharing arrangement, as defined in the Act of December 14, 1982 (P.L. 1211, No. 279), entitled "An act providing for ridesharing arrangements and providing that certain laws shall be inapplicable to ridesharing arrangements,"[2] or a school bus.
BUSINESS AND COMMERCIAL ZONING DISTRICT(S)
The HC Highway Commercial, HC-1 Highway Commercialspecial Height Limitation, NC Neighborhood Commercial, GC General Commercial, GC-1 General Commercial Special Height Limitation, CR Commercial Recreation, and OC Office Commercial Zoning Districts, established under Chapter 350, Zoning, and shown on the South Whitehall Township Zoning Map enacted as part of Chapter 350, Zoning, as may be amended from time to time. Where the zoning district boundary is located within a street, the boundary shall be interpreted as the center line of the aforementioned street.
COMBINATION
Two or more vehicles physically interconnected in tandem.
GROSS COMBINATION WEIGHT RATING
The value specified by the manufacturer as the loaded weight of a combination.
GROSS VEHICLE WEIGHT RATING
The value specified on the federal weight certification label by the manufacturer as the loaded weight of a single vehicle.
GROSS WEIGHT
The combined weight of a vehicle or combination of vehicles and its load, excluding the driver's weight.
INDUSTRIAL ZONING DISTRICT(S)
The IC-1 Industrial Commercial Special Height Limitation and I Industrial Zoning Districts, as established under Chapter 350, Zoning, and shown on the South Whitehall Township Zoning Map enacted as part of Chapter 350, Zoning, as may be amended from time to time. Where the zoning district boundary is located within a street, the boundary shall be interpreted as the center line of the aforementioned street.
MOTOR HOME
A motor vehicle designed or adapted for use as a mobile dwelling or office, except a motor vehicle equipped with a truck camper.
MOTOR VEHICLE
A vehicle which is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power or by electric power obtained from overhead trolley wires, but not operated upon rails.
OVERSIZED VEHICLE
A bus; a motor home; a recreational trailer; a trailer; a truck camper; a truck tractor, all as defined in this section, any motor vehicle with three or more axels, a tow truck or wrecker towing another vehicle or any other motor vehicle that will not fit within a parking space with the following dimensions: 10 feet in width and 22 feet in length.
PARK or PARKING
When permitted, means the temporary storing of a vehicle, whether occupied or not, off the street travel lanes; and, when prohibited, means 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.
RECREATIONAL TRAILER
A trailer designed or adopted and used exclusively for recreational purposes.
RESIDENTIAL ZONING DISTRICT(S)
The RR-3 Rural Residential 3, RR-2 Rural Residential 2, RR Rural Residential and Agricultural, R-2 Low Density Residential, R-3 Low Density Residential, R-4 Medium Density Residential, R-5 Medium Density Residential, and R-10 High Density Residential Zoning Districts, as established under Chapter 350, Zoning, and shown on the South Whitehall Township Zoning Map enacted as part of Chapter 350, Zoning, as may be amended from time to time. Where the zoning district boundary is located within a street, the boundary shall be interpreted as the center line of the aforementioned street.
SCHOOL BUS
A motor vehicle which is designed to and is used for the transportation of preprimary, primary or secondary school students to or from public, private or parochial schools or events related to such schools or school-related activities.
STAND or STANDING
When prohibited, means the halting of a vehicle, whether occupied or not, except momentarily for the purpose of and while actually engaged in receiving or discharging passengers.
STOP or STOPPING
When prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
STREET
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, including without limitation the street travel lane, adjacent berm(s), and shoulder thereof.
STREET TRAVEL LANE
The portion of a street that is used for the active travel of vehicles. Where pavement markings are present, the street travel lane boundaries shall be indicated by the pavement markings. Where street travel lane pavement markings are absent, the street travel lane shall be no less than 10 feet from the center line, center of the paved portion of the street, or the nearest interior street travel lane boundary line.
TRAILER
A vehicle designed to be towed by a motor vehicle.
TRUCK
A motor vehicle designed primarily for the transportation of property. 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.
TRUCK CAMPER
A structure designed, used or maintained primarily to be loaded or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space.
TRUCK TRACTOR
A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a street, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
[2]
Editor's Note: See 55 P.S. § 695.1.1 et seq.
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 Township Manager shall have the following powers to regulate traffic and parking temporarily and in time of emergency:
[Amended 12-7-2016 by Ord. No. 1012]
(1) 
In the case of fire, flood, storm or other emergency, to establish temporary traffic and/or parking regulations; and
(2) 
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. The Township Manager shall have the authority to implement such temporary and emergency traffic regulations on the right-of-way of the streets of the Township by the use of signs, signals, markings and other devices, which controls shall be subject to modification by the Board of Commissioners from time to time.
[Amended 7-19-2017 by Ord. No. 1023]
B. 
Such temporary and emergency regulations shall be enforced by the Police Department in the same manner as permanent regulations. Any person who shall operate or park a vehicle 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 pay a fine as follows, together with all costs of prosecution, including attorneys' fees, and in default of payment of any such fine shall be subject to imprisonment in accordance with the Pennsylvania Rules of Criminal Procedure.
[Amended 7-19-2017 by Ord. No. 1023]
(1) 
First offense: a fine of $150.
(2) 
Second offense: a fine of $300.
(3) 
Third offense: a fine of $600.
(4) 
Fourth and each subsequent offense: a fine of $1,000.
[Amended 7-19-2017 by Ord. No. 1023]
The Township may, from time to time by resolution, designate places upon and along the streets and alleys in the Township where, for a period of not more than 90 days, specific traffic, safety and/or parking regulations, prohibitions and/or restrictions shall be in force and effect, and shall designate such locations by proper signs and markings. Such regulations, prohibitions and/or restrictions shall be effective as if they had been specified in this chapter. No person shall violate any such regulation, prohibition and/or restriction and no person shall move, remove, injure, 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 subject to the penalty set forth in the law or elsewhere in this chapter for a violation of such nature; provided, the purpose of this section is to allow for the test and the experimental determination of the feasibility and desirability of permanent changes in the ordinances of the Township of South Whitehall relative to traffic and parking. In case of a violation for which no specific penalty is set forth in the law or elsewhere in this chapter, such person shall pay a fine as follows, together with all costs of prosecution, including attorneys' fees, and in default of payment of any such fine shall be subject to imprisonment in accordance with the Pennsylvania Rules of Criminal Procedure.
A. 
First offense: a fine of $150.
B. 
Second offense: a fine of $300.
C. 
Third offense: a fine of $600.
D. 
Fourth and each subsequent offense: a fine of $1,000.
A. 
The Township of South Whitehall 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 Township of South Whitehall 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. 
For the purpose of this section, the words "assemblage" and "procession" shall have the following meanings:
ASSEMBLAGE
A gathering of people without vehicles, which interferes with the movement of pedestrian or vehicular traffic on any street.
PROCESSION
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 [Designated Official], which shall be issued without fee. Application for the permit shall be made at least one week 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. 
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 [Designated Official], 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 the 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 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 Township of South Whitehall are hereby authorized to direct traffic on the highways of the Township of South Whitehall and at intersections thereof and to otherwise enforce the provisions of this chapter.
A. 
The Township of South Whitehall Police Department is hereby authorized to use all 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, in accordance with Title 75, Pa.C.S.A. § 3368.
B. 
This section authorizes the use of said devices upon all highways within the Township of South Whitehall be the Township of South Whitehall, 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 Pa.C.S.A. § 6101 et seq., (1977), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.