[Ord. 680, 12/28/1998]
This Part shall be known and may be cited as the "Snow Emergency
Ordinance of the Borough of Hamburg."
[Ord. 680, 12/28/1998]
In this Part, except as hereinafter otherwise defined, the terms
used shall have the meanings ascribed to them in the Pennsylvania
Vehicle Code. For the purpose of this Part the following definitions
shall prevail:
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.
The Borough of Hamburg, Berks County, Pennsylvania.
The person so designated by the Council of the Borough or
his representative so designated either by the Council of the Borough
or by the Borough Manager.
The official in charge of all police directives under the
Mayor's jurisdiction.
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.
Those streets or roadways in the Borough which are not designated
herein as snow emergency routes.
That portion of a street or highway improved, designed or
ordinarily used for vehicular travel.
That portion of a street between the curb lines or the lateral
lines of a roadway and the adjacent property lines intended for the
use of pedestrians.
Those streets designated and marked as such in accordance
with the provisions of this Part.
Any tires mounted on drive wheels of motor vehicles which
are specially 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.
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.
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.
[Ord. 680, 12/28/1998]
1.
Whenever the Borough Manager 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 Borough streets
be prohibited or restricted for snow plowing and other purposes, the
Borough Manager 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 Part.
2.
When the Borough Manager shall declare a parking prohibition as herein
provided for, he shall cause notices thereof to be posted on both
sides of the Borough's snow emergency roues 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.
3.
Notwithstanding the provisions of subsections (1) and (2) 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 ice of four inches or more for one hour or more between 6:00 a.m. and 11:00 p.m. of any day.
4.
Once in effect, a prohibition under this Section shall remain in effect until terminated by the Borough Manager, as provided for in § 15-610 of this Part, except that any street area which has become substantially clear of snow and ice from curb to 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.
[Ord. 680, 12/28/1998]
Whenever the Borough Manager finds, on the basis of the 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 Borough Manager shall put into effect
a parking prohibition on parts of or on all of common streets as necessary
be causing notices of such parking prohibition to be posted on both
sides of the affected common streets at least 12 hours before said
parking prohibited goes into effect. Such prohibitions or restrictions
shall remain in effect until terminated by the Borough Manager, as
provided for in § 610 of this Part, 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.
[Ord. 680, 12/28/1998]
1.
No person operating a motor vehicle on a snow emergency route on
which there 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.
2.
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.
3.
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 vehicle
does not have all windows clear of snow and ice.
4.
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.
5.
No person shall operate a motor vehicle without tire chains on a
snow emergency route on which there is a covering of snow, sleet or
ice more than eight inches in depth.
[Ord. 680, 12/28/1998]
1.
Members of the Police Department are hereby authorized to remove
or have removed a vehicle from a street when:
A.
The vehicle is parked on a part of a snow emergency route on which
a parking prohibition is in effect.
B.
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 thee is a
parking prohibition in effect and the person owning or operating said
vehicle does not appear to be removing it in accordance with the provisions
of this Part.
C.
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.
2.
If any person parks or leaves a vehicle in a place or in a condition in violation of any provision of this Part, such vehicle may be removed by or under the direction of a police officer of the Borough of Hamburg by means of towing or otherwise, all in accordance with the provisions of Part 4 of this Chapter or any other similar towing and impounding ordinance hereafter enacted by the Borough.
[Ord. 680, 12/28/1998]
1.
Whenever a vehicle becomes stalled for any reason, whether or not
in violation of this Part, on any part of a snow emergency route or
other Borough 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 by towing or pushing the vehicle 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
Borough street on which thee is a snow emergency parking prohibition
or restriction in effect (regardless of whether he indicated, 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.
2.
Any Borough owned vehicle is authorized to push or otherwise move,
without liability on the Borough's part for any damage resulting thereto,
any stalled vehicle remaining in violation of the foregoing provision.
[Ord. 680, 12/28/1998]
Any provision of this Part which becomes effective by declaration
of the Borough Manager or upon the occurrence of certain weather conditions
which, 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.
[Ord. 680, 12/28/1998]
1.
On each street designated by this Part as a snow emergency route,
the Borough Manager 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.
2.
The Borough Manager and Chief of Police 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.
3.
Borough controlled or operated equipment is permitted to operate
in any direction any street at any time upon orders of the Borough
Manager.
[Ord. 680, 12/28/1998]
Whenever the Borough Manager shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this Part no longer exists, he shall declare the prohibition terminated, in whole or part, by causing to be removed the notice required in §§ 15-603 and 15-604 of this Part, the termination of said prohibition to become effective immediately as to any street blocked in the Borough when said notices are removed by duly authorized representatives of the Borough Manager.
[Ord. 680, 12/28/1998]
Whenever any motor vehicle is found parked or let in violation of any provisions of this Part, notice of such violation shall be given in the manner provided for parking violations in the Borough of Hamburg as set forth in § 15-410 of this chapter.
[Ord. 680, 12/28/1998]
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 Part,
proof that the particular vehicle described in the complaint was parked
or left in violation of a provision of this Part, 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 Part.
[Ord. 680, 12/28/1998]
The following streets or highways or portions of streets or
highways within the Borough of Hamburg are hereby designated as snow
emergency routes:
|
Street
|
Between
|
|---|---|
|
Center Street
|
Confer Street and Quince Alley
|
|
Confer Street
|
North Fourth Street and North Fifth Street
|
|
Fourth Street
|
Route 61 and the cloverleaf on Interstate 78
|
|
Franklin Street
|
State Street and North Fourth Street
|
|
Grand Street
|
Second Street to Fourth Street
|
|
Grandview Terrace
|
Arthur to Catherine — West side only
|
|
Port Clinton Avenue
|
William Street and North Fourth Street
|
|
State Street
|
Western Borough line and the eastern Borough line
|
|
Third Street
|
Port Clinton Avenue and 700 South Fourth Street
|
|
Washington Street
|
Second Street to Third Street
|
|
Windsor
|
Fourth Street to Fifth Street — both sides
|
[Ord. 680, 12/28/1998]
It shall be unlawful for any person to remove without the authorization
of the Borough Manager any sign or notice posted in accordance with
the provisions of this Part.
[Ord. 680, 12/28/1998; as amended by Ord. 814-15, 2/23/2015;
and by Ord. 828-17, 8/28/2017]
1.
If, at any time during a period of snow emergency declared under
this Part, a person shall park a motor vehicle or allow a motor vehicle
to remain parked anywhere upon a snow emergency route, that person
shall be guilty of a violation of this Part and, upon conviction,
shall be sentenced to pay a fine of not more than $40 and costs.
2.
If, at any time during a period of snow emergency declared under
this Part, a person shall drive a motor vehicle upon a snow emergency
route, without having that vehicle equipped with snow tires or chains,
that person shall be guilty of a violation of this Part and, upon
conviction, shall be sentenced to pay a fine of $40 and costs.
