[Ord. 1735, 4/12/1993]
1.
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 inter-changeably with the word
"highway", and shall have the same meaning as the word "highway" as
defined in the Vehicle Code.
2.
The word "holidays," as used in this Chapter, shall mean and include
the following days: New Year's Day, Presidents' Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving
Day and Christmas.
3.
In this Chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
4.
Although the streets in the Borough run generally in a northeast-southwest
and a northwest-southeast direction, for the purpose of this Chapter,
Charlotte Street and the streets running parallel or generally parallel
to Hanover Street shall be deemed to run in a north-south direction,
and High Street and the streets parallel or generally parallel to
Beech Street shall be deemed to run in an east-west direction.
[Ord. 1735, 4/12/1993]
All traffic and parking regulations of a permanent nature shall
be enacted as Chapters, as parts of Chapters, as amendments to Chapters,
or as amendments to this Chapter, except where the law specifically
authorizes less formal action.
[Ord. 1735, 4/12/1993]
The provisions of this Chapter, so far as they are the same
as those of Chapters and regulations in force immediately before the
enactment of this Chapter, are intended as a continuation of those
earlier Chapters 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repealed or superseded Chapters or regulations.
[Ord. 1735, 4/12/1993]
1.
The Chief of Police shall have the following powers to regulate traffic
and parking temporarily and in time of emergency:
A.
In the case of fire, flood, storm or other emergency, to establish
temporary traffic and/or parking regulations; and
B.
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.
2.
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 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.
[Ord. 1735, 4/12/1993]
The Borough Council may, from time to time by resolution, designate
places upon and along the highways in the 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 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. 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, the purpose of this section is to allow
for the test and experimental determination of the feasibility and
desirability of permanent changes in the Chapters of the Borough relative
to traffic and parking.
[Ord. 1735, 4/12/1993]
1.
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.
2.
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.
3.
Any person who violates any provision of this section shall, upon
conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 1735, 4/12/1993; as amended by Ord. 1801, 5/8/1995;
and by Ord. 2073, 4/12/2010, §§ 2,3]
1.
ASSEMBLY
MUNICIPAL SERVICE RATE
PARADE
Definitions.
A gathering, meeting or rally of 50 or more people, without
vehicles, which interferes with the movement of vehicular or pedestrian
traffic on any street or sidewalk or other public property.
The hourly cost to the Borough of providing police protection,
fire protection, stand-by emergency medical services, sanitary services,
clean-up and trash removal and other necessary services for a parade
or assembly as established from time to time by resolution of Borough
Council.
Any march or procession or motorcade consisting of people,
animals or vehicles, or any combination thereof, upon any street,
sidewalk or alley in the Borough, which does not comply with the normal
traffic regulations or controls.
2.
Permit Required. It shall be unlawful for any person or organization
to conduct a parade or assembly in or upon any public street, alley
or sidewalk or other public property in the Borough or to knowingly
participate in any such parade or assembly unless a permit has been
obtained from the Borough Manager or, as hereinafter provided, from
the Borough Council.
3.
Parade for Commercial Purposes Prohibited. No permit shall be issued
authorizing the conduct of a parade intended to be held for the sole
purpose of advertising any products, goods, wares, merchandise or
event, or designed to be purely for private profit.
4.
Application for Permit. Except in the case of budgeted parades and
assemblies, any person or organization intending to conduct a parade
or assembly shall apply to the Borough Manager for a permit at least
45 days in advance. Borough Council may, in its discretion, consider
any application for a permit to conduct a parade or assembly which
is filed less than 45 days in advance. The application for such permit
shall be made in writing on a parade or assembly permit application
form provided by the Borough. In order that adequate arrangements
may be made for the proper policing of the parade or assembly and
for other municipal services, the application shall contain the following
information:
A.
The name, address and telephone number of the applicant, the sponsoring
person or organization and the parade or assembly chairman.
B.
The purpose of the parade or assembly, the proposed date and location,
the proposed location of the organizing and disbanding areas, the
proposed route to be travelled and the proposed times when the parade
or assembly and any meeting or rally connected therewith are to be
held.
C.
A description of the individual floats, marching units, vehicles,
bands and other units which will participate in the parade and a description
of any sound amplification equipment to be used.
D.
The estimated number of participants.
E.
Such other information as the Borough Manager may deem necessary.
5.
Issuance or Denial of Permit.
A.
The Borough Manager shall approve or disapprove the application for
a parade permit with modifications deemed appropriate not less than
15 days prior to the scheduled date of the parade or assembly as shown
on the application.
B.
Standards of Issuance. The Borough Manager shall not issue a parade
or assembly permit if he finds that:
(1)
The time, route and size of the parade or assembly requested
by the applicant will disrupt to an unreasonable extent the movement
of vehicle traffic on or through the Borough.
(2)
The time, route and size of the parade or assembly will require
the diversion of so great a number of police officers of the Borough
to properly police the parade route or assembly and the areas contiguous
thereto that permitting the parade or assembly will disrupt to an
unreasonable extent police protection to the Borough.
(3)
The parade or assembly will interfere with another parade or
assembly for which a permit has been issued.
C.
Standards for Denial. The Borough Manager shall deny an application
for a parade or assembly permit and notify the applicant of such denial
if:
6.
Application Fee and Deposit for Borough Expenses.
A.
(Reserved)
B.
Every applicant for a permit to conduct a parade or assembly shall
pay an application fee of $100.
[Amended by Res. 2005-17, 5/9/2005]
C.
Upon approval of the application for a parade or assembly permit,
the applicant shall deposit with the Borough an amount determined
by multiplying the hourly municipal service rate then in effect by
the estimated number of hours of duration of the parade or assembly
and any meeting or rally connected therewith as stated in the application,
in order to cover the Borough's estimated expenses for the parade
or assembly including, but not limited to, the costs of police protection,
fire protection, emergency medical services, sanitary services, clean-up
and trash removal and other necessary services.
D.
If a permitted parade or assembly exceeds the estimated time for
the event as stated in the application by more than 1/2 hour, the
permittee shall pay the municipal service rate to the Borough for
such excess time.
7.
Contents of Permit. In each permit the Borough Manager shall specify:
A.
The date of the parade or assembly.
B.
The assembly area and time thereof.
C.
The starting time.
D.
The minimum and maximum speeds.
E.
The route of the parade.
F.
The maximum number of platoons or units which may participate in
the parade and the maximum and minimum intervals of space to be maintained
between the units during such parade.
G.
The maximum length of such parade in miles or fractions thereof.
H.
The disbanding area and disbanding time.
I.
The number of persons required to monitor the parade or assembly.
J.
The number and types of parade vehicles.
K.
The material and maximum size of any sign, banner, placard or carrying
device therefor.
L.
The materials used in the construction of floats used in the parade
shall be fire-retardant materials and shall be subject to such requirements
concerning fire safety as may be determined by the Fire Chief.
M.
That the permittee shall advise all participants in the parade or
assembly, either orally or by written notice, of the terms and conditions
of the permit, prior to the commencement of such parade or assembly.
N.
That throwing objects, including candy, at spectators shall be prohibited.
O.
That the parade continue to move at a fixed rate of speed and that
any willful delay or willful stopping of said parade, except when
reasonably required for the safe and orderly conduct of the parade,
shall constitute a violation of the permit.
P.
The location, time of commencement and time of termination of any
meeting or rally to be held on Borough property in connection with
the parade or assembly.
Q.
Such requirements as are found by the Borough Manager to be reasonably
necessary for the protection of persons or property.
8.
Appeal Procedure.
A.
Upon denial or significant modification by the Borough Manager of an application made pursuant to Subsection 5 of this section, the applicant may appeal from the determination of the Borough Manager within five days thereafter to the Borough Council by filing a written notice of appeal and request for a hearing at its next meeting. Upon such appeal, the Borough Council may affirm, reverse or modify in any regard the determination of the Borough Manager.
B.
In the event an application is not filed within the time required by Subsection 4, the applicant may request a waiver of such requirement by Borough Council at its next regular meeting and the Borough Council, at its sole discretion, may waive such requirement if it finds unusual circumstances justifying the applicant's delay.
10.
Change of Route. The Borough reserves the right to change the parade
route, assembly area, disbanding area and location of any meeting
or rally from those proposed on the parade or assembly permit application
to other routes and areas, at any time prior to the parade or assembly
if the Borough Manager determines that the safety of the public or
property requires such changes. Notice of such action shall be delivered
in writing to the permittee by personal service or certified mail.
11.
Revocation of Permit. Any permit for a parade or assembly issued
pursuant to this Section may be summarily revoked by the Borough Manager
at any time when by reason of the occurrence of a disaster, public
calamity, riot or other emergency, the Borough Manager determines
that the safety of the public or property requires such revocation.
Notice of such action revoking a permit shall be delivered in writing
to the permittee by personal service or by certified mail.
13.
Interference With Parade or Assembly. No person shall knowingly join
in any parade or assembly conducted under permit issued by the Borough
Manager in violation of said permit, nor knowingly join or participate
in any permitted parade or assembly without the prior consent of the
permittee, nor in any manner interfere with its progress or orderly
conduct.
14.
Parking on Parade Route. The Police Department of the Borough shall
have the authority, when reasonably necessary, to prohibit or restrict
the parking of vehicles along the street or portion thereof which
is within the route of the parade. The Police Department shall post
signs giving notice of such restriction and it shall be unlawful for
any person to park or leave unattended any vehicle in violation thereof.
15.
Penalties For Offenses. Any person violating any provision of this
Section shall be guilty of a summary offense and, upon conviction
thereof in a summary proceeding, shall be sentenced to pay a fine
of not less than $100 nor more than $600 or, in default thereof, shall
be sentenced to imprisonment for a term not to exceed 15 days.
[Ord. 1735, 4/12/1993; as amended by Ord. 2061, 4/13/2009,
§ 1]
The police officers of the Borough of Pottstown, their authorized
agents, and expressly authorized designees, 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.
[Ord. 1735, 4/12/1993]
1.
The Borough
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.
2.
This section
authorizes the use of said devices upon all highways within the Borough,
be they Borough, 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.
[Ord. 2012, 11-14-2005]
1.
As described in this Section under and subject to limitations, school
crossing guards shall have the authority to enforce parking regulations
that occur at or near the particular position where the crossing guards
control and direct traffic during times they are serving in their
official capacity. The areas of enforcement under which circumstances
said crossing guards may issue tickets shall be within a 1/2 block
vicinity from the crossing each crossing guard controls. Any violations
beyond the half block limit shall be enforced by police officers.
The enforcement of parking violations shall be limited to issuing
parking tickets to automobiles in violation of the following parking
regulations:
2.
The police department shall be responsible for the costs of training
and equipping the crossing guards for parking enforcement.
3.
Only those crossing guards that complete the approved training shall
be eligible to enforce these violations. Pottstown Police Department
may undertake to create rules and regulations that are consistent
with the provisions of this section.
