Borough of Muncy, PA Article I General Regulations

§ 263-1 Definitions and interpretation.

A. Words and phrases, when used in this chapter, except for sections or articles 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),[1] 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 "highway" as defined in the Vehicle Code.

[1] Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

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.

§ 263-2 Manner of adopting permanent traffic and parking regulations.

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.

§ 263-3 Provisions to be continuation of existing regulations.

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affect any act done or liability incurred, or any suit or prosecution pending or to be instituted under any of those repealed or superseded ordinances or regulations.

§ 263-4 Temporary and emergency regulations.

A. The Chief of Police shall have the following powers to regulate traffic and parking temporarily and in time of emergency:

(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.

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 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.

§ 263-5 Experimental regulations.

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 ordinances of the Borough of Muncy relative to traffic and parking.

§ 263-6 Traffic on streets closed or restricted for construction, maintenance or special events.

A. 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 underway 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. Borough Council shall have authority to establish a restricted traffic area upon any street where construction or maintenance work is underway 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.

§ 263-7 Use of streets by processions and assemblages.

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 Chief of Police, 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 Chief of Police, 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 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 underway, 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. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.

§ 263-8 Authority of police officers.

The police officers of the Borough of Muncy are hereby given authority to direct traffic on the highways of the Borough and at intersections thereof.[1]

[1] Editor's Note: Original Section 109, Authorization for use of speed timing devices, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 263-9 Authority of Street Committee.

The Street Committee of the Borough Council is hereby given the authority to determine and establish reduced speed zones, parking prohibitions, restrictions and regulations upon streets, alleys, trafficways, and highways within the Borough of Muncy. The Street Committee also has the authority to make changes, deletions and additions in any such areas. The Street Committee shall have the authority to cause to be erected or removed, as the case may be, official signs and signals necessary to give notice of, and to direct traffic under such prohibitions, restrictions and regulations. The Street Committee shall report to the Council, at its next regular meeting thereafter, all such actions taken by such Committee, and, if confirmed at such meeting by the Borough Council, all such prohibitions, restrictions and regulations shall be effective just as if each one had been specifically set out in this chapter.