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), 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]
[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.
D.
The Borough of Sewickley shall adopt all traffic and parking regulations
of a permanent nature in the following manner:
(1)
By enactment of an ordinance.
(2)
By action of the Chief of Police of Sewickley Borough. The Chief
of Police is by this chapter authorized and directed to impose such
traffic regulations as may be specified from time to time by the Council
of the Borough of Sewickley by resolution. Such resolution may direct
the Chief of Police to regulate traffic or parking through exercise
of any of the powers specified at 75 Pa.C.S.A. § 6109(a).
Regulation of traffic or parking so imposed shall be deemed to have
been authorized and imposed by this chapter and by action of a public
official authorized to act on specified matters in accordance with
the provisions of 75 Pa.C.S.A. § 6109(b)(2).
(3)
In such other manner as may be authorized by law.
E.
To the extent that regulations are imposed by action of the Chief
of Police pursuant to a resolution of the Borough Council, the description
of the regulated area and the regulated imposed shall be deemed to
be incorporated by reference into the applicable list of similarly
regulated areas contained in this chapter.
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.
The provisions of this chapter, insofar 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.
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.
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 that 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
relative to traffic and parking.
A.
The 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 under way 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.
The Borough Council shall have authority to establish a restricted
traffic area upon any street where construction or maintenance work
is under way 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.
A.
ASSEMBLAGE
PROCESSION
For the purpose of this section, the words "assemblage" and "procession"
shall have the following meanings:
A gathering of people without vehicles, which interferes
with the movement of pedestrian or vehicular traffic on any street;
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 under way, 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.
The police officers of the Borough are hereby authorized to
direct traffic on the highways of the Borough and at intersections
thereof and to otherwise enforce the provisions of this chapter.
A.
The Borough Police Department is hereby authorized to use all speed-timing
devices for the determination of speed of a motor vehicle as are approved
or will be approved by the Department of Transportation of the Commonwealth
of Pennsylvania, in accordance with 75 Pa.C.S.A. § 3368.
B.
This section authorizes the use of said devices upon all highways
within the Borough, be they Borough, county or state highways, and
does also hereby elect to exercise all powers granted to local authorities
under the Vehicle Code of the Commonwealth of Pennsylvania, 75 Pa.C.S.A.
§ 6101 et seq. (1977), as hereafter amended, supplemented,
modified or reenacted by the General Assembly of Pennsylvania.