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Ordinance #41 - Traffic Regulation OrdinanceAN ORDIANCE OF THE TOWNSHIP OF HARFORD, SUSQUEHANNA COUNTY, PENNSYLVANIA, ESTABLISHING A TRAFFIC REGULATION ORDINANCE IN THE TOWNSHIP AND PROVIDING PENALTIES FOR THE VIOLATIONS.
IT IS hereby enacted and ordained by the Board of Supervisors of the Township of Harford, Susquehanna County, Pennsylvania, as follows:
PART 1. GENERAL REGULATIONS
Section 101. Short Title. This Ordinance shall be known as the “Harford Township Traffic Ordinance”.
Section 102. Definitions and Interpretations
- Words and phrases, when used in this Ordinance, except where otherwise specifically provided, shall have the meanings ascribed to them in the Pennsylvania Vehicle Code (The Act of June 17, 1976, P.L. 162, No. 8) as amended, except that, in this Ordinance, the word “street” or “road” may be used interchangeably with the word “highway” and shall have the same meaning as the word “highway” as described in the Pennsylvania Vehicle Code.
- In this Ordinance, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
All traffic and parking regulations of a permanent nature shall be enacted as Ordinances, as parts of Ordinances, or as amendments to this Ordinance.
Section 104. Continuation of Prior Regulations
The provisions of this Ordinance, so far as they are the same as those of Ordinances in force prior to the adoption of this Ordinance, are intended as a continuation of such Ordinances and Regulations and not as new enactments. The provisions of this Ordinance shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under such Ordinances or Regulations as aforesaid.
Section 105. Temporary and Emergency Regulations.
- The Township Supervisors or designated thereof, shall have the following powers to regulate traffic and parking temporarily and in the time of emergency:
- In case of fire, flood, storm or other emergency to establish temporary traffic and/or parking regulations; and
- In case of emergency public works or public event of limited scope or durations, to restrict or prohibit traffic and/or parking in limited areas for periods of not more than seventy two (72) hours.
- These temporary and emergency regulations shall be enforced by the Township Supervisors and/or those designated by the Supervisors in the same manner as permanent regulations. Any person who drives or parks a vehicle in violation of any such regulation, or who moves, removes, destroys, injures or defaces any sign or marking erected, posted or made to give notice of any such regulation shall be guilty of a violation, and upon conviction, shall be liable to the penalty set forth in the law or elsewhere in this Ordinance for the violation of that nature. And in case of a violation for which no specific penalty is set forth in the law elsewhere in the Ordinance, to a fine of twenty-five dollars ($25) and costs.
Township Supervisors may from time to time designate places upon and along the streets in the Township where, for a period of not more than ninety (90) days, specific traffic and/or parking regulations, prohibitions and restrictions shall be forced and effect, and shall designate those locations by proper signs and markings. Those regulations, prohibitions and restrictions shall be effective just as if they had been specified in this Ordinance. No persons shall drive or park a vehicle 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 violates any provision of this section shall, upon conviction, be liable to the penalty set forth in the law or elsewhere in this Ordinance for a violation of that nature, and in case of a violation for which no specific penalty is set forth in the law or elsewhere in this Ordinance, to a fine of twenty-five dollars ($25) and determination of the feasibility and desirability of permanent changes in the Ordinance of the Township relating to traffic and parking.
Section 107. Traffic on Streets Closed or Restricted for Construction, Maintenance or Special Events.
- The Township Supervisors, Road master or other designate of the Supervisors shall have the authority to close any highway to vehicular traffic and to place barriers, or station fire police at each end of the closed portion, while construction or maintenance work is underway or a special event is being conducted on this closed portion. It shall be unlawful for any person to drive a motor vehicle upon such closed portion.
- The Township Supervisors and Road master shall have authority to establish a restricted traffic area upon any street where construction or maintenance work is underway, and may station flagmen at each end of the restricted portion. It shall be unlawful for any person to drive a vehicle upon any restricted traffic area at any time when a flagman is displaying a sign directing the vehicle to stop, or when a sign is displayed directing that vehicle to stop, or is signaling that vehicle, by flag or other device, not to proceed.
- Any person who violates any provision of this Ordinance shall be sentenced to pay a fine of twenty-five dollars ($25) and costs.
The Police Officers of the Commonwealth of Pennsylvania shall have the authority on all the highways, streets, roads and intersections within the Township where the provisions of the Vehicle Code and this Ordinance apply to do the following:
- Regulate and control traffic.
- Enforce, as prescribed by law, speed restrictions of the Vehicle Code and the Ordinance by or with any device, instrument or other means authorized or not prohibited by the Vehicle Code or regulations of the Pennsylvania Department of Transportation to include, but not limited to , use of speedometers, excessive speed preventor, speed check, Vascar Plus and stop watches.
- Enforce, as prescribed by law, provision of the Vehicle Code concerning Driving Under the Influence of Alcohol and/or Drugs, by or until any device, instrument, procedure or other means authorized or not prohibited by the Vehicle Code or regulations of the Pennsylvania Department of Transportation to include, but not limited to, use of the Smith and Wesson Breathalyzer, Models 900, 900A, and/or 1000, or any other testing instrument or device as authorized by such law and/or regulations.
- Enforce, as prescribed by law, any and all provisions of the Vehicle Code and this Ordinance within the Township of Harford using any device, instrument, equipment, or other means authorized by no prohibited by the Vehicle Code or regulations of this Pennsylvania Department of Transportation.
Section 201. Maximum Speed Limits Established on Certain Highways or Parts of Highways in the Township of Harford.
- Speed Limits – The maximum speed at which vehicles may proceed on or along those highways or parts of highways in the Township of Harford, Susquehanna County, Pennsylvania, is hereby established at the rate of 25 miles per hour pursuant to 75 Pa. C.S.A. Section 3362(a)(1.2).
- Posting of Speed Limits. The maximum speed limits established under Section b) shall be posted on official traffic control devices erected in accordance with regulations adopted by the Pennsylvania Department of Transportation of the Commonwealth or any successor agency.
- Enforcement and Penalties. Any person convicted of a violation of any of the provisions of this section shall be sentenced to pay those fines and costs established by the applicable provisions of the Vehicle Code or any subsequent act of the General Assembly which aments said Vehicle Code. Disposition of said fine or fines shall be made in accordance with provisions of the Vehicle Code.
- It shall be unlawful for any person to drive any vehicle of Class IV or larger, as defined in the Vehicle Code, upon any of the following streets or parts of streets.
MARKET STREET – BETWEEN TINGLEY LAKE ROAD AND SCHOOL STREET
SCHOOL STREET – ENTIRE LENGTH
TANNERY STREET – ENTIRE LENGTH
MILL STREET – ENTIRE LENGTH
Except that nothing in this Section shall prohibit any driver from driving a commercial vehicle or truck on any part of any such street when necessary to do so in order to pick up or deliver any goods, wares, merchandise, or material from or to any premises located on any such street or portion of a street or any premises located on another street where there is no other means of access to that street.
- Any person convicted of a violation of Section 202 a) shall be sentenced to pay those fines and costs established by the applicable provision of the Vehicle Code or any subsequent act of the General Assembly which amends said Vehicle Code. Disposition of said fine or fines shall be made in accordance with the provision of the Vehicle Code.
Section 301. General Regulation Concerning Stopping, Standing, and Parking Vehicles.
- Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle or in compliance with law or directions of a Police Officer or official traffic control device, no person shall:
- Stop, Stand or Park a vehicle
- on the roadway side of any vehicle stopped or parked at the edge or curb of the street.
- on any sidewalk
- within any intersection
- on any crosswalk
- between a safety zone and the adjacent curb or edge of road within thirty (30) feet of points on the curb or edge of road immediately opposite the ends of a safety zone.
- alongside or opposite any street excavation or construction which would obstruct traffic.
- upon any bridge or other elevated structure
- on any railroad tracks
- on public or private property which is expressly reserved for handicapped persons or disabled veterans when said property has been posted in accordance with the regulations of the Pennsylvania Department of Transportation
- leaving the key in an unattended vehicle
- at any place where official signs prohibit stopping.
- Stand or park a vehicle:
- in front of a public or private driveway
- within fifteen (15) feet of a fire hydrant
- within twenty (20) feet of a crosswalk at an intersection
- within thirty (30) feet of any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway
- within twenty (20) feet of the driveway entrance to any fire station or when properly posted, on the side of a street opposite the entrance of any fire station within seventy-five (75) feet of the entrance
- on a limited access highway unless authorized by official traffic control devices
- at any place where official signs prohibit standing
- Park a vehicle:
- within fifty (50) feet of the nearest rail of a railroad crossing
- at any place where official signs prohibit parking
- Stop, Stand or Park a vehicle
- No person shall park or leave unattended a vehicle on private property without the consent of the owner of other person in control or possession of the property except in the case of emergency or disablement of the vehicle, in which case the operator shall arrange for the removal of the vehicle as soon as possible.
- Every vehicle standing or parked on a highway shall be positioned as follows:
- on a two-way highway vehicles shall be positioned parallel to either the curb or the edge of the highway and in all cases in the direction of authorized traffic movement. The vehicle shall be parked such that the right-hand wheels are within (12) inches of the right hand curb, or in the absence of a curb as close as practicable to the right-hand shoulder.
- on a one-way highway, the vehicle shall be positioned parallel to the curb or edge of the highway in the direction of authorized traffic movement. The vehicle shall be parked so that its wheels are within (12) inches of the curb, or in the absence of a curb, as close as practicable to the shoulder of the road.
- No commercial vehicles, including, but not limited to trucks having a hauling capacity in excess of one ton, tandem, tractors and tractor trailers and cargo-moving vehicles shall be parked upon any highway within Harford Township except as follows:
- any commercial vehicle may legally park for the purpose of delivering goods or rendering services during the normal course of business provided that such vehicle does not substantially impede the flow of vehicular traffic.
- vehicles being used for the purpose of road construction shall be permitted to park, stand, or stop on any highway or street within the Township when construction is in progress upon the highway or street.
Any person convicted of a violation of any provisions of Part III shall be sentenced to pay a fine of not more than fifteen dollars ($15) and costs. Provided, however, that the police officer citing the violation shall attach or place upon the vehicle a notice stating that the vehicle was parked in violation of this Ordinance, and noting the date, time and location of the offense, the nature or the offense, the license and registration of the vehicle in violations and the amount of the fine. The notice shall contain instructions to the owner or driver of the vehicle that if he will pay the sum indicated within forty-eight (48) hours after the time of the notice, that act will save the violator from prosecution and payment of the fine and costs prescribed in the first sentence of this section.
PART IV – ADMINISTRATION AND REPEAL
Section 401. Non-repealer and Repeals.
Any other traffic regulation previously adopted by the Township of Harford not inconsistent with this regulation shall remain in full force and effect and shall not be deemed repealed by the enactment of this Ordinance. Any such traffic regulations, to the extent required, shall be considered ratified and confirmed by the enactment of this Ordinance. The provisions of this Ordinance shall not affect any suit or prosecution pending or to be instituted to enforce any inconsistent ordinances.
Section 402. Severability
The provisions of this Ordinance are severable and if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the remaining sections, sentences, clauses, parts or provisions of this Ordinance. It is hereby declared to be the intent of the Board of Supervisors that this Ordinance would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part of provision had not been included herein.
Section 403. Effective Date.
This Ordinance shall take effect and be in force five (5) days after its enactment by the Board of Supervisors of the Township of Harford as provided by law.
DULY ORDAINED AND ENACTED, this 10th day of March, 2009, by the Board of Supervisors of the Township of Harford, Susquehanna County, Pennsylvania, in lawful session duly assembled.