[Adopted 9-12-1989 by Ord. No. 401 (Ch. 15, Part 3, of the 1989 Code of Ordinances)]
On the following bridges and streets or parts of streets, by authority granted by Section 4902(a) of the Vehicle Code, it shall be unlawful for any person or persons to drive any vehicle or combination having a gross weight in excess of the maximum prescribed below for that bridge or street or part of street, as the case may be:
Any person who violates any provision of this section shall be prosecuted under Sections 4902(a) and 4902(g)(1) of the Vehicle Code, and, upon conviction, shall be sentenced to pay a fine of $150 plus $150 for each 500 pounds, or part thereof, in excess of 3,000 pounds over the maximum allowable weight, and costs.
On the following bridges and streets or parts of streets, by authority granted by Section 4902(a) of the Vehicle Code, it shall be unlawful for any person to drive any vehicle or combination in violation of the size restrictions prescribed below for that bridge or street or part of street:
By reason of hazardous traffic conditions and other safety factors, by authority granted by Section 4902(b) of the Vehicle Code, it shall be unlawful for any person to drive any vehicle or combination in violation of the restriction prescribed below for that bridge or street or part of street.
Editor's Note: See 75 Pa.C.S.A. § 4902(b).
Any person who violates any provision of this section shall be prosecuted under Section 4902(b) and 4902(g)(1) of the Vehicle Code, and, upon conviction, shall be sentenced to pay a fine of not less than $25 and not more than $100 and costs.
[Added 8-5-2015 by Ord. No. 595]
Overweight Vehicles Prohibited on Designated Borough Roads. No vehicle or combination, including but not limited to any truck, tractor, trailer, semitrailer, commercial vehicle, construction equipment, or other vehicle or equipment, with a gross weight in excess of the weight limit established by this article, shall be operated on a Borough road unless exempt or operating under a permit as provided in this article.
Exemptions. The following vehicles shall be exempt from the weight restrictions imposed by this article: emergency vehicles, school buses, and local traffic as defined in the applicable PennDOT regulations. If the Borough determines that local traffic being driven to or from a particular destination is likely to damage the road, then upon notice required by law, vehicles with a gross weight in excess of the weight limit using the posted road to or from that destination shall not be exempt. Vehicles used in the oil and gas drilling and extraction process and logging are not and shall not be exempt from the weight limit restrictions as local traffic.
[Added 8-5-2015 by Ord. No. 595]
Permits and bonds required for use by overweight vehicles. Any person desiring to operate or to move any truck, tractor, trailer, semitrailer, commercial vehicle, construction equipment or other vehicle or equipment of any nature whatsoever in excess of the weight limits provided herein, over the Borough roads restricted as to weight as herein provided, with the specific exemptions set forth above, shall apply to the Borough for a permit for the movement of such vehicle in the manner established by this article. If it is determined by the Borough Council that such movement requested by the applicant for the permit can be made without causing excessive damage to the road, or the destruction of the road or a traffic hazard to other users of the road and the public, then the Borough Council may grant such permits subject to and conditional upon the execution of an excess maintenance agreement in the form approved by the Borough Council, the provision of security in the nature of a surety bond or other security approved by the Borough for the protection of the Borough and the road, and the performance of all other requirements imposed by the applicable Pennsylvania Department of Transportation regulations relating to hauling in excess of posted weight limits, as amended, and such other reasonable conditions as may be appropriate under the circumstances.
Requirements for permits. An application for a permit shall be submitted on forms to be provided by the Borough, to the Borough Manager, together with such fee as shall be established by resolution of the Borough Council. The application shall include a description of all motor vehicles and equipment to be used in the transportation of materials and materials to be transported. Such list shall include, among other things, each vehicle's manufacturer, state of registration, registration number, plate number, weight classification, model, color and titled owner.
Upon determination that a permit should be granted, the Borough Council or its designated representative shall inspect the subject road(s), prepare an inspection report, and obtain the required security and properly executed excess maintenance agreement before issuing the permit.
Before the permit may be issued, the Borough shall be provided with security in the form of a bond or other security which complies with applicable regulations.
Before the permit may be issued, the persons receiving the permit shall execute and deliver to the Borough an excess maintenance agreement, substantially in the form of the agreement adopted from time to time by the Borough Council and which is reasonably required to meet applicable state and local regulations.
The Borough Council or its designated representative may impose conditions or restrictions on the permit as may be reasonable and necessary for the protection of the road and the public, such as, but not limited to, time and manner of use.
The Borough shall maintain all records relating to any permit granted for so long as the permit remains in effect and for a reasonable time thereafter.
[Added 8-5-2015 by Ord. No. 595]
Enforcement of this article shall be by action brought before a District Magistrate in the manner provided for the enforcement of summary offenses under the applicable sections of the Pennsylvania Vehicle Code and of the Pennsylvania Rules of Criminal Procedure and in any other manner permitted by law.
It shall be unlawful for any person to drive a vehicle other than a passenger car on any of the following streets or parts of streets:
Provided, nothing in this section shall prohibit any person from driving an emergency vehicle on any of those streets or parts of streets, or from driving on any of those streets or parts of streets a truck or other commercial vehicle making local deliveries to or pickups from premises located along that street or part of a street.
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Amended 8-21-1990 by Ord. No. 414]
For the purpose of this section, the terms used herein are defined as follows:
- A separate vehicle designed for human habitation and which can be attached or detached from a pickup truck.
- That part of a passage located on private property which provides vehicular ingress and egress to property fronting a public street.
- MOTOR HOME
- A self-contained vehicle, designed for human habitation, with its own motive drive, and with a passageway from the body of the home to the driver's and front passenger's seat.
- The temporary storage of a vehicle for a continuous period of time not exceeding 72 hours. The continuity of a single period shall not be considered broken, interrupted or terminated unless the vehicle involved shall have been removed from the property owner's premises for a period of at least 24 consecutive hours.
- PICKUP TRUCK
- A motor vehicle designed primarily for transporting property equipped with a permanently fixed open box frame and with a gross weight not to exceed 1 1/2 tons.
- RECREATIONAL VEHICLE
- A single-axle or multiple-axle structure mounted on wheels or otherwise capable of being made mobile for travel, recreational or vocational use and shall include, but not be limited to, any motor vehicle or trailer designed and used as a travel trailer, camper, mobile home, motor home, tent trailer, boat, boat trailer, snowmobile, snowmobile trailer, camping trailer and for any similar purpose.
- The placement of a recreational vehicle at a given location within the Borough for continuous periods of time exceeding 72 hours.
- A vehicle without motive power designed for carrying persons or property on its own structure and to be drawn by a vehicle with motive power. The term "trailer" shall include, but not be limited to, trailer coach, semitrailer, travel trailer and utility trailer.
Restrictions on parking trucks, trailers and commercial vehicles.
It shall be unlawful for any person, firm or corporation to park any truck or commercial vehicle exceeding five tons including, but not limited to, trailers, truck tractors or semi-tractors or any school bus on any residential or commercial street, road, highway, alley or way of the Borough of Port Vue between the hours of 10:00 p.m. and 8:00 a.m., prevailing time, except that any such vehicle referred to in this section may be parked during said hours for such reasonable period of time as may be required for the prompt loading or unloading thereof or for the rendition of public utility services or other services of any emergency nature.
Any motor vehicle exceeding 25 feet in length may be parked upon a driveway only for purposes of loading or unloading persons or property and for a period not to exceed four hours.
The foregoing provisions shall not apply to equipment owned or operated by the Borough of Port Vue, the Vigilant Hose Company No. 1, the Borough of Port Vue Police Department or the Borough of Port Vue Emergency Medical Services.
Restrictions on parking and storing recreational vehicles.
It shall be unlawful for any person, firm or corporation to park any recreational vehicle on any residential or commercial property or street in the Borough, except in accordance with the provisions of this section. Under no circumstances shall any recreational vehicle be parked on any public street in violation of existing federal, state or local laws, nor stored on a side street of the owner's property line.
Recreational vehicles may be parked on private property of the vehicle's owner only under the following conditions:
A recreational vehicle not exceeding 25 feet in length may be parked for a continuous period not exceeding 72 hours on the owner's property line.
Front yard parking shall be prohibited except in a designated driveway area. Side or rear yard areas may be used for parking of such vehicles unless otherwise prohibited by ordinance.
Recreational vehicles, if parked on owner's private property, shall be parked so as not to restrict the visibility of traffic using adjacent public streets. The recreational vehicle's wheel's shall be blocked at all times or otherwise rendered immobile so as to prevent any movement of the vehicle while in a stopped position.
Any recreational vehicle stored for periods exceeding 72 continuous hours shall be parked in a garage or behind the property line as provided herein. If stored in a rear or side yard, the recreational vehicle shall never be closer than 30 feet to the front property line. Where the property upon which said vehicle is stored is a corner lot, the distance of all parts of the vehicle from both streets shall be 30 feet or the distance between the street and the building line, whichever is greater.
No recreational vehicle shall be parked or stored within any distance and space between the vehicle and any door, window or other opening of the dwelling which provides light, air, entrance to or exit from the dwelling necessary to or serving the health, safety and general welfare of the occupants of the dwelling on the lot. The distance and space to be maintained shall be a minimum of five feet determined from the nearest edge of each such opening to the nearest point of such vehicle.
The ground area of any such parking or storage area shall not occupy more than 20% of the rear yard area, provided no part of the required rear yard area of a through lot shall be occupied if the rear lot abuts a street.
No recreational vehicle shall be parked or stored within any part of a front yard or street side yard which is not a driveway except in accordance with the provisions of this section.
Exception to the regulations herein may be granted in cases where, due to severe and unusual topographical and land conditions, complete compliance is impractical. Exceptions shall be considered when the property owner establishes to Council's satisfaction the subject property lines on the high side of a street and it would be impractical to store the vehicle in the area of the side or rear yard due to such conditions. All requests for exceptions must be submitted in writing or to the Borough Secretary and shall include a diagram or surveyor's property plan so as to clearly delineate the problem and indicate the proposed areas where the vehicle could be stored.
No more than one recreational vehicle may be parked or stored on a private lot in the Borough unless the vehicle is parked or stored in a garage.
Occupancy. No recreational vehicle shall be used for residence purposes while parked or stored on a private lot in the Borough of Port Vue.
Variance clause. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted ordinance, rule, regulation, deed restriction or covenant, the most restrictive or higher standard shall govern.
Penalties. Any person, firm or corporation violating any provision of this section shall be fined not more than $600 for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.