[Ord. 1025, 10/14/2004]
This chapter shall be known and may be cited as the "Snow Emergency
Ordinance of the Borough of Shillington".
[Ord. 1025, 10/14/2004]
In this chapter, except as herein otherwise defined, the terms
used shall have the meanings ascribed to them in the Pennsylvania
Motor Vehicle Code.
For the purpose of this chapter, 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 Shillington.
Any day not a Sunday or Christmas, Thanksgiving or New Year
but all other holidays shall be considered business clays.
The hours between 7:00 a.m. and 7:00 p.m. on any business
day.
The area in the Borough of Shillington known as Lancaster
Avenue between Museum Road and Summit Street.
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, saw dust,
salt, or fine crushed stone.
Mayor of the Borough of Shillington.
Includes any natural person, firm, company, partnership,
association or corporation.
That portion of a street or highway improved, designed or
ordinarily used for vehicular travel, exclusive of the berm of shoulder.
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 marked as such in accordance with the provisions
of this chapter.
The average of three or more readings in any area established
by the Mayor or the Chief of Police.
Any tires mounted on drive wheels of motor vehicles which
are especially 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 lire so defined
shall be construed to be a snow tire if it is worn to less than 3/16
inches 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. 1025, 10/14/2004]
1.
Whenever the Mayor finds, on the basis of falling snow, sleet or
freezing rain, or on the basis of a forecast by the U.S. 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 Mayor shall put into effect
a parking prohibition on parts of or all snow emergency routes as
necessary by declaring it in a manner prescribed in this chapter.
2.
Notwithstanding the provisions of Subsection 1 hereof, 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 six inches or more.
3.
Once in effect, a prohibition under this section shall remain in
effect for 24 hours, except that any street area which has become
substantially clear of snow and ice from curb to curb 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. 1025, 10/14/2004]
1.
Whenever the Mayor finds, on the basis of falling snow, sleet, freezing
rain, or on the basis of a forecast by the U.S. 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 on Borough streets be prohibited or restricted for
snow plowing and other purposes, the Mayor shall put into effect a
parking prohibition on parts of or all secondary streets as necessary
by declaring it in a manner prescribed by this chapter. The prohibition
shall remain in effect until terminated by announcement of the Mayor
in accordance with this chapter, except that any street area which
has become substantially clear of snow and ice from curb to median
line for the length of the entire block shall be automatically excluded
therefrom.
2.
While the prohibition is in effect, no person shall park or allow
to remain parked any vehicle on any street to which it applies, except
as permitted below:
A.
Vehicles may be parked on the uneven-street-numbers side of the street
on clays with names that have the letter "u" in their spelling, i.e.,
Sunday, Tuesday, Thursday, and Saturday.
B.
Vehicles may be parked on the even-street-numbers side of the street
on days with names that do not have the letter "u" in their spellings,
i.e., Monday, Wednesday, and Friday.
3.
Nothing in this section shall be construed to permit parking any
time or place where it is forbidden by any other provision of law.
[Ord. 1025, 10/14/2004]
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 part of 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, bicycle, other
unlicensed vehicles or modes of transportation on a snow emergency
route on which there is a covering of snow, sleet or ice.
[Ord. 1025, 10/14/2004]
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 a part of a snow emergency route on which
there is a covering of snow, sleet or ice on which there is a parking
prohibition in effect and the person does not appear to be removing
it in accordance with the provisions of this chapter.
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.
Any Borough owned vehicle is authorized to push or otherwise remove,
without liability on the Borough's part for any damage resulting
thereto, any stalled vehicle remaining in violation of the foregoing
provision.
[Ord. 1025, 10/14/2004]
1.
The Mayor shall cause each declaration made by him pursuant to this
chapter to be publicly announced by means of simultaneous broadcasts
from all of radio stations WEEU, WIOV, WRAW and WRFY, or any other
radio station with a normal operating range covering the Borough.
The Mayor may also cause such declaration to be further announced
in newspapers of general circulation in the Borough when feasible.
A parking prohibition or advancement of quitting-time traffic regulations
declared by the Mayor shall not go into effect until at least two
hours after it has been announced at least two times between 6:00
a.m. and 11:00 p.m., in accordance with this section.
2.
The Mayor shall make or cause to be made a record of each time and
date when any declaration is announced to the public in accordance
with this section.
3.
The Mayor and the Chief of Police are hereby jointly authorized to
request all vehicles to bypass the Borough and not to enter the Borough
if snow emergency conditions within the Borough make such a request
advisable.
[Ord. 1025, 10/14/2004]
Whenever the Mayor shall find that some or all of the conditions
which give rise to a parking prohibition in effect pursuant to this
chapter no longer exist, he shall declare the prohibition terminated,
in whole or part, in a manner prescribed by this chapter, effective
immediately upon announcement.
[Ord. 1025, 10/14/2004]
Any provision of this chapter which becomes effective by declaration
of the Mayor or upon the occurrence of certain weather conditions
shall, 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. 1025, 10/14/2004]
1.
On each street designated by this chapter as a snow emergency route,
the Mayor shall post special signs, one in each block 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 Mayor and Chief of Police are hereby jointly and severally 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 any such barricade.
3.
Borough controlled or operated equipment is permitted to operate
in any direction on any street at any time upon orders of the Mayor.
[Ord. 1025, 10/14/2004]
Whenever any motor vehicle is found parked or left in violation
of any provision of this chapter, notice of such violation shall be
given in the manner provided by the Pennsylvania Vehicle Code.
[Ord. 1025, 10/14/2004]
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 chapter,
proof that the particular vehicle described in the complaint was parked
or left in violation of a provision of this chapter, 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 chapter.
[Ord. 1025, 10/14/2004; as amended by Ord. 1069, 9/13/2007,
§ 1]
The following streets or highways or portions of streets or
highways within the Borough are hereby designated as Snow Emergency
Routes:
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Broad Street (East and West) - Kings Boulevard to Museum Road
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Brobst Street (North and South) - Museum Road to Waverly Street
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Elm Street (East and West) - Museum Road to Wheatland Avenue
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Gregg Street - Wheatland Avenue to Summit Street
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Kerrick Road - South Miller Street to South Wyomissing Avenue
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Lancaster Avenue (East and West) - Museum Road to Borough Line
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Liberty Street - Lancaster Avenue to Elm Street
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New Holland Avenue - Lancaster Avenue to Borough Line
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South Miller Street - Lancaster Avenue to Kerrick Road
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North Miller Street - Lancaster Avenue to Elm Street
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Philadelphia Avenue - Lancaster Avenue to Borough Line
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Spruce Street - Philadelphia Avenue to Broad Street
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South Wyomissing Avenue - Lancaster Avenue to Borough Line
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North Wyomissing Avenue - Lancaster Avenue to Elm Street
|
[Ord. 1025, 10/14/2004]
If any person parks or leaves a vehicle in a place or in a condition
in violation of any provision of this chapter, such vehicle may be
removed by or under the direction of a police officer of the Borough
by means of towing or otherwise, costs of which shall be assessed
against the owner or operator of said vehicle.
[Ord. 1025, 10/14/2004]
Every person convicted of a violation of any provision of this
chapter shall upon each such summary conviction before the District
Justice, be sentenced to pay a fine not less than $25 and not more
than $300 and cost of prosecution for each offense. In default of
payment of such fine and costs, said person shall undergo imprisonment
not to exceed 15 days.
