[Added 8-5-2015 by Ord.
No. 595]
A. 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.
B. 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]
A. 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.
B. 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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
[Amended 8-21-1990 by Ord. No. 414]
A. For the purpose of this section, the terms used herein are defined
as follows:
CAMPER
A separate vehicle designed for human habitation and which
can be attached or detached from a pickup truck.
DRIVEWAY
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.
PARKING
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.
STORAGE
The placement of a recreational vehicle at a given location
within the Borough for continuous periods of time exceeding 72 hours.
TRAILER
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.
B. Restrictions on parking trucks, trailers and commercial vehicles.
(1) 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.
(2) 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.
(3) 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.
C. Restrictions on parking and storing recreational vehicles.
(1) 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.
(2) Recreational vehicles may be parked on private property of the vehicle's
owner only under the following conditions:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
D. Occupancy. No recreational vehicle shall be used for residence purposes
while parked or stored on a private lot in the Borough of Port Vue.
E. 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.
F. 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.