[Ord. 2008-07, 10/20/2008, § 1]
This Subpart shall be known as the "2008 Culvert 659C-2 Motor
Vehicle Weight Limitation Ordinance."
[Ord. 2008-07, 10/20/2008, § 2]
This Subpart is enacted pursuant to the authority conferred
by the Vehicle Code, Act of 1976, June 17, P.L. 1962, No. 81, § 1,
effective July 1, 1977, (75 Pa.C.S.A. § 101 et seq.), as
amended and is intended to include and be subject to all provisions
of § 4902 of the Vehicle Code, 75 Pa.C.S.A. § 4902
and all Pennsylvania Department of Transportation regulations promulgated
or to be promulgated under the Vehicle Code, by way of illustration
and not limitation, under §§ 4902(1) and 6103 (75 Pa.C.S.A., §§ 4902(f)
and 6103).
[Ord. 2008-07, 10/20/2008, § 3]
The following words when used in this Subpart shall have the
following meanings, unless the context clearly indicates otherwise:
Emergency vehicles and school buses, defined hereinafter,
as well as vehicles and combinations operated by governmental entities.
Two or more vehicles physically interconnected in tandem.
A fire department vehicle, police vehicle, sheriff vehicle,
ambulance, blood delivery vehicle, human organ delivery vehicle, hazardous
material response vehicle, armed forces emergency vehicle, one vehicle
operated by a coroner or chief county medical examiner and one vehicle
operated by a chief deputy coroner or deputy chief county medical
examiner used for answering emergency calls, or any other vehicle
designated by the State Police under 75 Pa.C.S.A. § 6106
(relating to designation of emergency vehicles by Pennsylvania State
Police), or one privately owned vehicle used in answering an emergency
call when used by any of the following:
Any vehicle which is self-propelled except an electric personal
assistive mobility device or a vehicle which is propelled solely by
human power or by electric power obtained from overhead trolley wires,
but not operated upon rails.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The definition of vehicle shall
include, by way of example and not limitation, trailers towed by a
motor vehicle.
[Ord. 2008-07, 10/20/2008, § 4]
The Board of Supervisors has had an engineering and traffic
study made with respect to the safety of Culvert 659C-2 on TR659 (Upper
Little Creek Road) and from the results of which they have determined
that Culvert 659C-2 may be damaged or destroyed unless the permissible
weight of motor vehicles or combinations is restricted to three tons
or less.
[Ord. 2008-07, 10/20/2008, § 5]
Pursuant to the findings of the engineering and traffic study, and by authority of § 4902 of the Vehicle Code, 75 Pa.C.S.A. § 4902, and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon the Culvert Bridge listed in § 15-614 with a gross weight in excess of the weight limits listed for said Culvert Bridge in § 15-614. Authorized local traffic as defined herein shall be exempted from the restrictions imposed by this Subpart. However, if the Board of Supervisors determines that any authorized local traffic is likely to damage the road, the Board of Supervisors will so notify the registrants of the motor vehicle or combination and will also notify State Police. After two business days following hand delivery of the notice, or after five days following mailing of the notice, such authorized local traffic motor vehicles or combinations shall not exceed the weight limits except in accordance with § 15-616 hereof.
[Ord. 2008-07, 10/20/2008, § 6]
The Board of Supervisors of Lower Mount Bethel Township may
issue permits for the movement of motor vehicles or combinations with
weights in excess of the restrictions imposed under this Subpart,
and may require such precautions, actions and/or safety measures as
they deem necessary to protect the integrity of the culvert bridge.
In addition, the Board of Supervisors may require security to cover
the costs of anticipated or probable repairs necessitated by the permitted
movement of motor vehicles or combinations. Notwithstanding the amount
of security required by the Township, the permittee shall be responsible
for the actual cost of repairing and/or restoring any damage or condition
arising out of, relating to, caused by or resulting from the permitted
movement of motor vehicles or combinations. All actions taken under
the authority of this section shall be taken in accordance with the
rules and regulations adopted by the Commonwealth of Pennsylvania,
Department of Transportation, as found in Title 67 of the Pennsylvania
Code.
[Ord. 2008-07, 10/20/2008, § 7]
The Township shall erect or cause to be erected, and the Township
shall maintain, restriction signs designating the restrictions within
25 feet of each end of the culvert bridge. The Township shall also
place an advance informational sign at the intersection nearest each
end of the restricted culvert bridge which would allow drivers to
avoid the restricted culvert bridge. No person shall be convicted
of violating this Subpart unless the restriction sign designating
the restricted bridge to traffic moving in the direction the person
was driving was posted as required in this section. However, failure
to post the restriction sign designating the restricted culvert bridge
to traffic moving in the opposite direction or failure to post any
advance informational sign shall not constitute a defense to a violation
of this section.
[Ord. 2008-07, 10/20/2008, § 8]
Any person operating a Motor Vehicle or Combination upon the
restricted culvert bridge in violation of a prohibition or restriction
imposed by this Subpart is guilty of a summary offense and shall,
upon conviction, be sentenced to pay a fine of $75. However, any person
convicted of operating a motor vehicle or combination with a gross
weight in excess of 3,000 pounds over the maximum allowable weight
shall, upon conviction, 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.
