CHAPTER 15 MOTOR VEHICLES AND TRAFFIC ORDINANCE 2000-01 AN ORDINANCE AMENDING AND RESTATING THE CODE OF ORDINANCES BOROUGH OF CLARKS SUMMIT, CHAPTER 15 REGULATING MOTOR VEHICLES GENERALLY, RENUMBERING CERTAIN PARTS OF CHAPTER 15; ESTABLISHING GENERAL PARKING REGULATIONS; PROVIDING FOR METERED ON-STREET AND OFF-STREET PARKING; AUTHORIZING THE REMOVAL AND IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES; AUTHORIZING REGULATIONS DURING SNOW AND ICE EMERGENCIES; AND PRESCRIBING PENALTIES FOR VIOLATION. The Borough Council hereby ordains: Part 1 General Regulations Section 101. Definitions and Interpretation. 1. Words and phrases, when used in this ordinance, except for sections or Parts 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 ordinance, the work "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. 2. The term "legal holidays" as used in this ordinance shall mean and include: New Year's Day, Memorial Day, Independence. Day, Labor Day, Thanksgiving Day and Christmas Day. 3. In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall 4. All provisions of the Pennsylvania Motor Vehicle shall prevail, and where in conflict with any provision of this Ordinance, the Pennsylvania Motor Vehicle Code shall take include the feminine. supersedence. 5. As defined in the Pennsylvania Motor Vehicle Code, the Local Traffic Authority, within the Borough of Clarks Summit shall be the Borough Council. CHAPTER 15 MOTOR VEHICLES AND TRAFFIC Section 102. Manner of Adopting Permanent Traffic and Parking Regulations. 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. Section 103. Provisions to be Continuation of Existing Regulations. The provisions of this ordinance, so far as they are the same as those of ordinances and regulations in force immediately before the enactment of this ordinance, are intended as a continuation of those earlier ordinances and regulations, and not as new enactments. Nothing in this ordinance shall affect any act done or liability incurred, or any suit or prosecution pending or be instituted under any of those repealed Section 104. Temporary and Emergency Regulations. The Mayor shall have the following powers to regulate traffic and parking or superseded ordinances or regulations. 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 seventy-two (72) hours. Such temporary and emergency regulations shall be enforced by the Clarks Summit 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 such regulation, shall, upon conviction thereof, be subject to the penalty set forth in the law or elsewhere in this ordinance for a violation of such nature, and, in the 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 ($25.00) together with costs of Section 105. Experimental Regulations. The Borough Council may, from time to time by resolution, designate places upon and along the highways in the Borough of Clarks Summit where, for a period of not more than ninety (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 ordinance. No person shall operate or park a vehicle or prosecution. CHAPTER 15 MOTOR VEHICLES AND TRAFFIC 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 twenty-five dollars ($25.00) together with costs of prosecution; provided, 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 of Clarks Summit relative to traffic Section 106. Traffic on Streets Closed or Restricted for and parking. Construction, Maintenance or Special Events. 1. The Borough Council shall have the 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 a closed portion. It shall be unlawful for any person to 2. The Borough Council shall have the 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 3. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of one Section 107. Use of Streets by Processions and Assemblages. 1. - For the purpose of this section, the words "assemblage" and drive a vehicle upon such closed portion. proceed. hundred dollars ($100.00) and costs. procession" shall have the following meanings: ASSEMBLAGE - a gathering of people without vehicles, which interferes with the movement of pedestrian or vehicular PROCESSION - a group of individuals, vehicles, animals traffic on any street; CHAPTER 15 MOTOR VEHICLES AND TRAFFIC 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. 2. 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 (3) 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. 3. It shall be unlawful for any person to hold or participate in any procession 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 (3) 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 the 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 be disbanded. It shall be unlawful for any person to hold or to participate in any procession unless the permit has been granted, or under any conditions as to time or route or otherwise than those stated in 4. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of three hundred Section 108. Authority of Police Officers. The police officers of the Borough of Clarks Summit are hereby authorized to direct traffic on the highways of the Borough of Clarks Summit and at intersections thereof and to otherwise enforce the provisions of Section 109. Authorization for Use of Speed Timing Devices. The the permit. dollars ($300.00) and costs. this ordinance. CHAPTER 15 MOTOR VEHICLES AND TRAFFIC Clarks Summit 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 This section authorizes the use of said devices upon all highways within the Borough of Clarks Summit, be they Clarks Summit, Lackawanna 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. S 6101, et seg. as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania. Section 110. Traffic Control Signs, Signals, Mounting, Etc. 1. All Borough traffic control signs and signals shall be with Title 75 Pa. C.S.A. S 3368. installed in accordance with: A. Traffic Signal(s) on State Roads will be installed in accordance with a PennDOT approved Traffic Signal Permit. Specifications for same will be in accordance with PennDOT B. Borough Signs shall be of a size and color as specified C. Borough Traffic Regulation signs shall be mounted in accordance with PennDOT Publication 408, S 930 to S 937. All such signs installed on posts, after the effective date of this Ordinance, shall be mounted on "break away" posts. D. Traffic Lines and Markings shall be in accordance with 408, S 950 to S 955. in PennDOT Publication 236. PennDOT Publication 408, S 961 or S 962. 2. Any and all signs and/or traffic Control devices, as authorized by this Ordinance, shall be erected by Borough Section 111. Unlawiul Traffic Control Devices and/or Signs. 1. It shall be unlawful for any person to post, place, erect, personnel at the direction of the Mayor. construct and/or locate: A. any devices and/or signs restricting parking on any street or alley of this Borough, or B. any traffic control devices and/or signs on any street or alley of this Borough. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 2. Penalty. It shall be a summary offense for any person to violate the provisions of this subsection and, upon conviction thereof, shall be sentenced to pay a fine of not less than $100.00 nor more than $500.00 together with the costs of 3. Any Police Officer of Clarks Summit Borough Police Department is hereby authorized to enforce the provisions of this Section by issuing a summary citation to any person found 4. Any sign posted, placed, erected, constructed and/or located in violation of this Section shall be declared a public nuisance and removed by Borough personnel at the direction of the Borough Council. The Council may designate this authority, by Borough Resolution, to the Borough Manager, Mayor and/or any Clarks Section 112. Reports by Clarks Summit Police Department. The Clarks Summit Police Department shall, upon request, furnish a certified copy of the full accident report at a cost of fifteen dollars ($15.00) to those persons, and/or firms, and/or agencies Section 113. Repealer. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. The Following ordinances or parts thereof are specifically repealed: Code of Ordinances Borough of Clarks Summit; Chapter 15, Parts 1, Section 114. Severability. If any sentence, clause, section, or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this ordinance. It is hereby declared as the intent of the Borough Council that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section, or part thereof not been included herein. Section 115. Effective Date. This ordinance shall become prosecution. violating the provisions of this Section. Summit Police Officer. authorized by Title 75 Pa. C.S.A. S 3751(b). 2.210, 3, 4, 5, 6, and 7. effective on Monday, May 1st, 2000. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Part 3 Restrictions on Size, Weight and Type of Vehicle and Load Section 301. Vehicle Weight Limits Established on Certain Streets and Bridges. Reserved for future use. Section 302. Restrictions on Size of Vehicles on Certain Streets and Bridges. Reserved for future use. Certain Streets and Bridges. Reserved for future use. Section 303. Restrictions as to Weight and Size of Vehicles on Section 304. Truck Traffic Restricted on Certain Streets. 1. It shall be unlawful for any person to drive a vehicle over 21,000 pounds on any of the following streets or parts of streets: Street Atherton Bedford Bissell Center Depot Hemlock Knapp Road Lansdowne Ave. Maple Park Avenue Between Entire length Entire length Entire length Entire length Grandview to Atherton Entire length Center Street to West Grove Street West Grove Street to Knapp Road Front Street to South Abington Road South State Street to South Abington Road Provided: nothing in this section shall prohibit any person from driving an emergency vehicle on any of those streets or parts of streets, or from driving on any of those streets or parts of streets a truck or other commercial vehicle making local deliveries to or pickup from premises located along that street or part of a street, or any Borough truck maintaining the 2. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of twenty-five streets. dollars ($25.00) and costs. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Part 4 General Parking Regulations Section 401. Vehicles to be Parked Within Marked spaces. Wherever a space is marked off on any street for the parking of an individual vehicle, every vehicle parked there shall be parked wholly within the lines bounding that space, and it shall be a violation of this Part for any person to park a vehicle or allow Section 402. Parking Prohibited at All Times in Certain Locations. Parking shall be prohibited at all times in the it to remain parked otherwise. following locations: Street Barrett St. Davis Street Hemlock Street Old State Road US Route 6 & 11 Side North East & West West & North Both Both Between 200 Block 400 and 500 blocks At Hemlock Park site Winola Road & Gravel Pond Road South Abington Township line north to Grove Streets Section 403. Parking Prohibited in Certain Locations Certain Day and Hours. Reserved for future use. Section 404. Parking of Trucks, Buses and Certain Other Vehicles Prohibited in Certain Locations. Unless specifically allowed under some law or ordinance, no vehicle shall remain parked in/on a highway of the Borough for commercial purposes, or for the storing of the vehicle itself or property therein, or for any commercial purpose wherein the vehicle becomes a means whereby a business transaction is affected or effected. This shall not include the delivering of merchandise for these purposes. No person shall park or allow it to remain parked, a boat trailer, cargo trainer or similar non-motorized vehicle, without an attached motor vehicle, on any highway within the Borough. Section 405. Parking Time Limited in Certain Locations Certain Days and Hours. No person shall park a vehicle or allow it to remain parked, for longer than than the time indicated, in any of the following locations, at any time on the days and between the hours indicated: Street Side Between Day Hours MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Clark Ave. Colburn St. Davis St. North East Both At State St. From School St. Mon = Sat 1 hr limit southerly 170 ft. Mon - Sat 2 hr limit Spring & Zimmerman Mon - Sat 2 hr limit Section 406. Special Purpose Parking Zones Established; Parking Otherwise Prohibited. the following are established as special purpose parking zones, and it shall be unlawful for any person to av vehicle or to allow it to remain parked, in any such zone, except as specitically provided for that zone: Street S. Sate St. Spring St. Spring St Side South West West Location 336 S. State St. Authorized Purpose or Discharge & pickup of Handicapped person(s) refignter/Pablic Safety refignter/Public Vehicle 30 ft +/- south of Depot St. From un- south to Davis St. Adjacent to entrance to Ball Field named alley, Safety Sheriden St South/East irefighter/Public satety/Emer. Vehicle Section 406.1. Winter Parking Regulations. It shall be unlawful for any person to park a vehicle on a roadway in the Borough of Clarks Summit from 11:00 p.m. to 7:00 a.m, November 1st through Section 407. Standing or Parking on Roadway for Loading or Unloading. It shall be unlawful for any person to stop, stand or park a vehicle (other than a pedalcycle) on the roadway side of any vehicle stopped or parked at the edge or curb of any street, except that standing or parking for the purpose of loading or unloading persons or property, shall be permitted on the following named streets on Monday through Saturday, between the hours of 9:00 a.m. and 11:30 a.m. and between the hours of 1:30 p.m. and 4:00 p.m., and for no longer than necessary for the April 1st. loading or unloading. Street side Between MOTOR VEHICLES AND TRAFFIC Reserved for future Use portions of streets: CHAPTER 15 Section 408. Angle Parking Required on Portions of Certain Streets. Only angle parking shall be permitted on the following Street Side Between Reserved for future use. On all streets where angle parking is required, every vehicle parked at the angle shall be parked with its front nearest the Section 409. Stopping, Standing and Parking Restrictions. It shall be unlawful for any vehicle to stop, stand and/or park at any time and/or any day of the week, at the following locations: curb. Street Colburn Street Front St. Linden St. Side West Both Both Between/Length So. State and School Street 200 block of Front St. East Grove Street (SR 407) and Park Avenue; except that parking shall be allowed on the east side of the 700 block of Linden Street. Highland & Colburn Thirty Feet East of Crestwood Avenue Crestwood Avenue to South Abington Twp line E. Greenwood & Crestwood E. Grove & Ashmore Thirty (30) feet from East Grove Stone Avenue and Claremont Avenue Isabell Street North State St. North State St. North State St. School Street School Street School Street Both North North East North South North MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Spring Street West Grove St. West Both At a point 60 feet +/- south of Depot Street to an unnamed alley. Bedford Street and Marion Street Section 409.1. The following stopping, standing and parking restrictions shall apply Monday through Friday, from 8:00 AM to 4:00 PM daily. Street Meadow Lane Oak Lane Timber Lane Old Winola Rd Noble Road Greenwood Avenue Haven Lane Side Both Both Both Both Northeast Both Both Between/Length Noble Rd and Haven Lane Noble Rd and Haven Lane Noble Rd and Haven Lane That portion within the Borough of Clarks Summit That portion within the Borough of Clarks Summit Old Winola Rd and Haven Old Winola Road to the Clarks Summit/South Abington Township boundary line. Lane Section 410. Handicapped Parking. Street Linden St. Center St. Side North East Location 4 spaces at entrance to Grove Street Stadium 423 Center/United Cerebral Palsy Children's Center (2 Spaces) . 508 School/Fazio 405 Sheridan/Otarod School Street Sheridan Avenue MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Spring St. Stone Ave East West Borough Bldg. (1 Space) In front of Presbyterian Church (1 Space) Section 411. Residential Permit Parking. Reserved for future use. Section 412. Penalties. 1. Any person who violates any. provision of this Part, with the except of Section 410, upon conviction, be sentenced to pay a fine of fifteen dollars ($15.00) and costs. Provided: it shall be the duty of the police officers of the Borough of Clarks Summit to report to the Chief of Police all violations of any provision of this Part, indicating, in each case: the section violated; the license number of the vehicle involved in the violation; the location where the violation took place; and any other facts that might be necessary in order to secure a clear understanding of the circumstances attending the violation. The police officer making the report shall also attach to or place upon every such vehicle a notice stating that the vehicle was parked in violation of this Part. The notice shall contain instructions to the owner or driver of the vehicle that if he will report to the Police Department and pay the sum fifteen dollars ($15.00) within twenty-four (24) hours after the time of the notice, or if he will place the sum of fifteen dollars ($15.00), enclosed within the envelop provided, in any special parking fine box installed at the Police Station within the Borough of Clarks Summit, that act will save the violator from prosecution and from payment of the fine and additional costs of prosecution if not paid within fifteen (15) days from the date of 2. Any person violating section 410 shall pay a fine of fifty violation. dollars $50.00). MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Part 5 On-Street Metered Parking Section 501. Parking Meter Zones Established. Parking meter zones are established upon and along certain streets in the Borough of Clarks Summit, as follows: Street Barrett St./East Side Barrett St./West Side Depot Street Main Avenue State Street Between State St. & Davis St. State St. & Winola Rd & Spring St. At State St. and extending Grove St. & Davis St. & State St. State St. & Rate Maximum Parking Time $.25/hr 12 hrs 100 ft south $.25/hr 12 hrs $.25/hr 12 hours north 100 ft. $.25/hr 12 hrs Highland Ave. $.25/hr 02 hrs Zimmerman St./ East Side Zimmerman St./ West Side $.25/hr 12 hrs 100 ft south $.25/hr 12 hrs The Borough of Clarks Summit reserves the right to adjust certain parking meters to a different hourly rate to accommodate Section 502. Days and Hours Parking Meters in Operation and Parking Time Limits Apply. Parking meters shall be operated, by the deposit of a coin in the meter, as prescribed by Section 505, and the parking rates for specific lengths of time, as well as the maximum parking times prescribed in Section 501, shall apply at all times between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday, and Saturday between the hours of 9:00 a.m and 3:00 p.m.Provided however: the requirements of this Part as to parking time limit and as to deposit of coins in meters shall not Section 503. Placement and Characteristics of Parking Meters. Parking meters installed in the parking meter zones established extended parking patrons. apply on the Borough of Clarks Summit Holidays. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 by Section 501 of this Part shall be placed upon the curb or sidewalk area, and immediately adjacent to the individual parking spaces described in Section 504 of this Part. Each parking meter shall be placed or set sO as to show that the parking space adjacent to that meter is or is not legally occupied. Each parking meter installed shall indicate by a proper legend the legal parking time established by the Borough of Clarks Summit, and when the adjacent space is occupied by a vehicle, the parking meter shall indicate on and by its dial/face the duration of the period of legal parking, and, on the expiration of that period, Section 504. Parked Vehicles to be Wholly Within Marked spaces. Lines and /or markings shall be painted or placed upon the curb, or roadway adjacent to each parking meter for the purpose of delineating the parking space for which that meter shall be used. Every vehicle parked at any parking meter shall be parked wholly within the lines or markings so placed and applicable to that meter. It shall be unlawful and a violation of this Part for any person to park a vehicle across any such line or marking, or to park a vehicle in such a position that that vehicle is not wholly within the area designated by those lines or markings. Section 505. Coin Deposit in Meter; Overtime Parking Unlawful. Whenever a vehicle is to parked in any space adjacent to a parking meter, at any time in the period of limited parking as prescribed by Section 502 of this Part, the driver of the vehicle, upon entering the parking space, shall immediately deposit, or cause to be deposited, in that parking meter, one or more proper coins of the United States of America as specified in the legend on the parking meter. Upon the deposit of the coin or coins, and placing the meter in operation, the parking space may be lawfully occupied by the vehicle for the time indicated on the meter. If any vehicle shall remain in any such parking space for such length of time that the meter shall indicate by proper signal that the lawful parking time has expired, that vehicle shall be considered as having been parked overtime, and the parking of a vehicle overtime shall be a violation of this Part. Section 506. Unlawful to Deposit Substitute for Coin in Meter. It shall be unlawful for any person to deposit in any parking meter installed under the provisions of this Part any slug or other substitute for a coin of the United States of America. Section 507. Unlawful to Deposit Coin in Meter to Extend Parking shall indicate illegal parking or over-parking. Time Beyond Legal Limit. Reserved for future use. Section 508. Unlawful to Remain Parked at Meter Showing MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Violation. It shall be unlawful, and a violation of this Part, for any person to permit a vehicle to remain in a parking space adjacent to a parking meter installed under this Part, when the meter displays a signal indicating that the vehicle has already parked there beyond the period of time prescribed for that parking space, or the time for which a coin or coins was deposited in that meter for the parking of that vehicle. Section 509. Unlawful to Tamper with Meter. It shall be unlawful, and a violation of this Part, for any person to deface, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this Part. Provided: nothing in this section shall apply to the servicing or opening of parking meters by police officers, or employees, or contracted employees of the Borough of Clarks Summit under the direction of the Chief of Police. Section 510. Ticketing of Vehicles Parked Unlawfully; Effect of Payment Within 48 Hours. 1. It shall be the duty of the police officers of the Borough of Clarks Summit, acting in accordance with the directions of the Chief of Police, to report: A. The number of each parking meter that indicates that a vehicle occupying the adjacent parking space is, or has been, parked in violation of any provision of this Part; B. The date and hour of the violation; C. The license number of the vehicle; D. Any other facts, the knowledge of which is necessary for a thorough understanding of the circumstances attending the violation. 2. The police officer making the report shall also place on or attach to the vehicle a notice to the owner or driver of the vehicle that the vehicle was parked in violation of this Part, and instructing the owner or driver that if he will report to the Police Department and pay, for the use of the Borough of Clarks Summit, the sum of five dollars ($5.00) within forty-eight (48) hours after the time of the notice, or will place the sum of five dollars ($5.00) enclosed within the envelope provided, in the special parking fine box installed at the Police Department (304 South State Street, Clarks Summit) within that time limit, that act will save the violator from prosecution and from payment of the fine prescribed in Section 511(1) of this Part. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Section 511. Penalty for Violation. 1. Any person who violates any provision of this Part, with the exception of Section 509, and who fails to pay the fine set forth in Section 510, shall be cited within thirty (30) days of the violation and upon conviction, be sentenced to pay a fine of not more than fifteen dollars ($15.00) and 2. Any person who violates any provision of Section 509 of this Part shall, upon conviction, be sentenced to pay a fine of not more than six hundred dollars ($600.00) and costs, and, in default of payment of fine & costs, to imprisonment costs. for not more than thirty (30) days. Section 512. Exceptions. 1. By Borough Resolution, the Clarks Summit Borough Council may temporarily suspend the provisions of this Part by requiring coin deposit in meters and establishing a 2. The Borough of Clarks Summit shall have the authority to establish no-parking or special-Purpose parking zones within any parking meter zone, and to remove parking meters from those areas as previously installed there, and the provisions of this Part shall not apply in those areas were no-parking or special-purpose parking are in effect. maximum parking time at meters. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Part 6 Off-Street Metered Parking Section 601. Metered Parking Lots Established. The following are established as the metered parking lots established by the Borough of Clarks Summit: as follows: Lot 01 Location Adjacent to South State Street and between Main Avenue and Colburne Avenue Section 602. Days and Hours Parking Meters in Operation and Parking Time Limits Apply. Parking meters shall be operated, by the deposit of a coin in the meter, as prescribed by Section 505, and the parking rates for specific lengths of time, as well as the maximum parking times prescribed in Section 501, shall apply at all times between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday, and Saturday between the hours of 9:00 a.m and 3:00 p.m.Provided however: the requirements of this Part as to parking time limit and as to deposit of coins in meters shall not Section 603. Placement and Characteristics of Parking Meters. Parking meters installed in the Off-Street Metered Parking Lots established by Section 601 of this Part shall be placed immediately adjacent to the individual parking spaces that shall be marked off and maintained in these lots. For each parking meter there shall be a clear indication, through use of a directional arrow, or an identification as to number with the parking space, to show which individual parking space it serves. Each parking meter installed shall indicate by a proper legend the legal parking time established by the Borough of Clarks Summit, and when the adjacent space is occupied by a vehicle, the parking meter shall indicate on and by its dial/face the duration of the period of legal parking, and, on the expiration of that period, shall indicate illegal parking or over-parking. Section 604. Reserved Parking Spaces for Handicapped May be Provided. The Borough Council, at its discretion, may provide, at convenient and suitable locations in any one or more of the metered parking lots, reserved parking spaces for handicapped, and shall designate those spaces by appropriate signs. It shall be unlawful, and a violation of this Part, for any person to park in such reserved parking space, any vehicle unless that vehicle bears or displays either: a "handicapped registration plate", a "handicapped parking placard", a "Disabled veteran registration apply on the Borough of Clarks Summit Holidays. plate", or a "disabled veteran placard". MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Section 605. Parked Vehicles to be Wholly Within Marked Spaces. Lines and /or markings shall be painted or placed upon the surface of the metered parking lots, for the purpose of delineating the parking space for which that meter shall be used. Every vehicle parked at any parking meter shall be parked wholly within the lines or markings so placed and applicable to that meter. It shall be unlawful and a violation of this Part for any person: 1. to park a vehicle across any such line or marking; or 2. to park a vehicle in such a position that the vehicle shall not be within the area so delineated by the lines or 3. to park a vehicle elsewhere in any such lot than an individual parking space adjacent to a parking meter. markings; or Section 606. Manner of Parking at Meters. It shall be unlawful for any person to park a vehicle in any metered parking lot: 1. otherwise than with the front of the parked vehicle nearest to the parking meter applicable to that vehicle; or 2. with any part of the vehicle touching the meter post or head or the raised base or barrier on which meters are Section 607. Coin Deposit in Meter; Overtime Parking Unlawful. Whenever a vehicle is to parked in any metered parking lot, the driver of the vehicle, upon entering the parking space, shall immediately deposit, or cause to be deposited, in the proper parking meter, one or more proper coins of the United States of America as specified in the legend on the parking meter. the deposit of the coin or coins, and placing the meter in Upon operation, the parking space may be lawfully occupied shall remain in any. such parking space for such length of time that the meter shall indicate by proper signal that the lawful parking time has expired, that vehicle shall be. considered as having been parked overtime, and the parking of a vehicle overtime shall be a violation of this Part. Provided: every hour that a vehicle remains parked at a meter showing a violation shall constitute a separate violation of this Part. Section 608. Unlawful to Deposit Substitute for Coin in Meter. It shall be unlawful for any person to deposit in any parking meter installed under the provisions of this Part any slug or other substitute for a coin of the United States of America. erected. the by vehicle for the time indicated on the meter. If any vehicle MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Section 609. Unlawful to Remain Parked at Meter Showing Violation. It shall be unlawful, and a violation of this Part, for any person to permit a vehicle to remain in a parking space adjacent to a parking meter installed under this Part, when the meter displays a signal indicating that the vehicle has already parked there beyond the period of time prescribed for that parking space, or the time for which a coin or coins was deposited in that meter for the parking of that vehicle. Section 610. Unlawful to Tamper with Meter. It shall be unlawful, and a violation of this Part, for any person to deface, tamper with, open or willfully break, destroy or impair the usefulness of any. parking meter installed under the provisions of this Part. Provided: nothing in this section shall apply to the servicing or opening of parking meters by police officers, or employees, or contracted employees of the Borough of Clarks Summit under the direction of the Chief of Police. Section 611. Metered Parking Lots for Certain Types of Vehicles Only. The metered parking lots established by this Part shall be for the use of passenger cars, passenger vans and pickup trucks only, and it shall be unlawful for any person to park any other Section 612. Ticketing of Vehicles Parked Unlawfully; Effect of 1. It shall be the duty of the police officers of the Borough of Clarks Summit, acting in accordance with the directions of the Chief of Police, to report: type of vehicle in any of those lots. Payment Within 48 Hours. A. The number of each parking meter that indicates that a vehicle occupying the adjacent parking space is, or has been, parked in violation of any provision of this Part; B. The date and hour of the violation; C. The license number of the vehicle; D. Any other facts, the knowledge of which is necessary for a thorough understanding of the circumstances attending the violation. 2. The police officer making the report shall also place on or attach to the vehicle a notice to the owner or driver of the vehicle that the vehicle was parked in violation of this Part, and instructing the owner or driver that if he will report to the Police Department and pay, for the use of MOTOR VEHICLES AND TRAFFIC CHAPTER 15 the Borough of Clarks Summit, the sum of five dollars ($5.00) within forty-eight (48) hours after the time of the notice, or will place the sum of five dollars ($5.00) enclosed within the envelope provided, in the special parking fine box installed at the rear of the Police Department (304 South State Street, Clarks Summit) within that time limit, that act will save the violator from prosecution and from payment of the fine prescribed in Section 612(1) of this Part. Section 613. Penalty for Violation. 1. Any person who violates any provision of this Part, with the exception of Section 612, and who fails to pay the fine set forth in Section 510, shall be cited within thirty (30) days of the violation and upon conviction, be sentenced to pay a fine of fifteen dollars ($15.00) and costs. 2. Any person who violates any provision of Section 512 of this Part shall, upon conviction, be sentenced to pay a fine of not more than six hundred dollars ($600.00) and costs, and, in default of payment of fine & costs, to imprisonment for not more than thirty (30) days. Section 614. Exceptions. 1. By Borough Resolution, the Clarks Summit Borough Council may temporarily suspend the provisions of this Part by requiring coin deposit in meters and establishing a 2. The Borough of Clarks Summit shall have the authority to establish no-parking or special-purpose parking zones within any parking meter zone, and to remove parking meters from those areas as previously installed there, and the provisions of this Part shall not apply in those areas were no-parking or special-purpose parking are in effect. maximum parking time at meters. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Part 7 Off- Street Unmetered Parking Section 701. Off-Street Unmetered Parking Lot Established - Borough Municipal Building Parking Lot. The following are established as the Off-Street unmetered parking lots established by the Borough of Clarks Summit: as follows: Lot 01 Location Adjacent to Spring Street and between Davis St and an unnamed alley running between Davis St and S. State Street Section 702. Parking Restrictions, Days and Hours and Parking Time Limits Apply. The following parking restriction apply at Row of marked parking spaces Closest to the Borough Building and adjacent alley is reserved for Borough Police Vehicle only, at The following parking restrictions apply between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except they not Row of marked parking spaces farthest from the Borough Building and adjacent alley is reserved for Borough Employee parking only. One space within this Lot shall be reserved to Sewer Office All other spaces are reserved for persons/vehicles conducting Section 703. Parked Vehicles to be Wholly Within Marked Spaces. Lines and /or markings shall be painted or placed upon the surface of the metered parking lots, for the purpose of delineating the parking space. Every vehicle parked shall be parked wholly within the lines or markings so placed and applicable. It shall be unlawful and a violation of this Part for all times and days of the week: all times. apply on the Borough of Clarks Summit Holidays. Parking and limited to fifteen (15) minutes. business in the Borough Building. any person: 1. to park a vehicle across any such line or marking; or 2. to park a vehicle in such a position that the vehicle shall not be within the area so delineated by the lines or 3. to park a vehicle elsewhere in any such lot than an markings; or MOTOR VEHICLES AND TRAFFIC CHAPTER 15 individual parking space adjacent to a parking meter. Section 704. Parking Lots for Certain Types of Vehicles Only. The off-street unmetered parking lots established by this Part shall be for the use of passenger cars, passenger vans and pickup trucks only, and it shall be unlawful for any person to park any Section 705. Ticketing of Vehicles Parked Unlawfully; Effect of 1. It shall be the duty of the police officers of the Borough of Clarks Summit, acting in accordance with the directions of the Chief of Police, to report: A. The date and hour of the violation; B. The license number of the vehicle; C. Any other facts, the knowledge of which is necessary for a thorough understanding of the circumstances attending the violation. other type of vehicle in any of those lots. Payment Within 48 Hours. 2. The police officer making the report shall also place on or attach to the vehicle a notice to the owner or driver of the vehicle that the vehicle was parked in violation of this Part, and instructing the owner or driver that if he will report to the Police Department and pay, for the use of the Borough of Clarks Summit, the sum of fifteen dollars ($15.00) within forty-eight (48) hours after the time of the notice, or will place the sum of fifteen dollars ($15.00) enclosed within the envelope provided, in the special parking fine box installed at the Police Department (304 South State Street, Clarks Summit) within that time limit, that act will save the violator from prosecution and from payment of the fine prescribed in Section 706 of this Part. 1. Any person who violates any provision of this Part, and who fails to pay the fine set forth in Section 705, shall be cited within thirty (30) days of the violation and upon conviction, be sentenced to pay a fine of fifteen Section 706. Penalty for Violation. dollars ($15.00) and costs. Section 707. Exceptions. 1. By Borough Resolution, the Clarks Summit Borough Council may temporarily suspend the provisions of this Part. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Part 8 Removal and Impoundment of Illegally Parked Vehicles Section 801. Applicability and Scope. This Part is enacted under the authority of Section 6109 (a-22) of the Pennsylvania Vehicle Code, and gives authority to the Borough of Clarks Summit to remove and impound vehicles which are parked in a tow away zone and in violation of parking regulations of this ordinance. Vehicles which have been abandoned (as defined by the Vehicle Code) or which are parked in such a manner as to interfere with traffic or pose a hazard to others, may be towed under the Section 802. Authority to Remove and Impound. The Borough of Clarks Summit shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in Section 801 of this Part. Provided: no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Part, or the Section 803. Tow Away Zones Designated. The following designated street and/or parking lots are hereby designated as tow-away zones. Signs shall be posted to place the public on notice that their vehicles may be towed for violation of the Borough of provisions of the Pennsylvania Vehicle Code. provisions of the Pennsylvania Vehicle Code. Clarks Summit parking regulations: Street Side Between Reserved for future use. Reserved for future use. Parking Lot Section 804. Designation of Approved Storage Garages; Bonding; Towing and Storage. Removal and impounding of vehicles under this Part shall be done only by lapproved storage garages" that shall be designated from time to time by Borough Council. Every such garage shall submit evidence to the Borough Council that it is bonded or has acquired liability insurance in an amount satisfactory to Borough Council as sufficient to indemnify owners of impounded vehicles against loss or damage to those vehicles while in the custody of the garage keeper for the purpose of towing or storage. The approved storage garage shall submit to the Borough Council its schedule of charges for towing and storage of vehicles under this Part, and, when the schedule is approved by Borough Council, those charges shall be adhered to by the approved storage garage; no different schedule of charges MOTOR VEHICLES AND TRAFFIC CHAPTER 15 shall be demanded of or collected from any person whose vehicle is removed or impounded under this Part by any approved storage garage. Borough Council shall delete from its list of approved storage garages any garage that makes any unapproved charge in connection with any vehicle removed or impounded under this Part. Section 805. Payment of Towing and Storage Charges. The payment of towing and/or storage charges shall not relieve the owner or driver of any vehicle from liability for any fine or penalty for the violation of the provision of this Part for which the vehicle Section 806. Reclamation Costs. In order to reclaim his vehicle, the owner shall pay towing and storage costs, plus a twenty-five dollar ($25.00) fee of which ten dollars ($10.00) shall be transferred to the Pennsylvania Department of Transportation by the garage to which the vehicle was taken. Section 807. Records of Vehicles Removed and Impounded. The Borough of Clarks Summit Police Department shall cause a record to be kept of all vehicles impounded under this Part and shall be able at all reasonable times to furnish the owners or the agents of the owners of those vehicles with information as to the place Section 808. Restrictions upon Removal of Vehicles. No vehicle shall be removed under the authority of this Part or the Pennsylvania Vehicle Code if, at the time of the intended removal, the owner or the person for the time being in charge of the vehicle is present and expresses a willingness and intention Section 809. Penalty for Violation. Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine if fifty dollars ($50.00) together with all costs of disposing of the vehicle under the provisions of the Pennsylvania Vehicle Code, 75 P.S. S 7301 et seq. (1977), as hereafter amended, supplemented, modified or reenacted by the Section 810. Reports and Disposition of Unclaimed Vehicles. If after a period of fifteen (15) days the vehicle in storage remains unclaimed, a report shall be filed with the Pennsylvania Department of Transportation in accordance with Section 7311 of the Pennsylvania Vehicle Code, by the person having legal custody of the vehicle. If the vehicle has not been claimed after thirty (30) days, the vehicle may be transferred to a licensed Salvor who will then be responsible for filing the proper reports and disposing of the vehicle in accordance with the provisions of Chapter 73 of the Pennsylvania Motor Vehicle Code (75 Pa C.S.A. was removed or impounded. of storage of the vehicle. to remove the vehicle immediately. General Assembly of Pennsylvania. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Section 101 et seq., as amended). MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Part 9 Snow and Ice Emergency Section 901. Declaration of Snow and/or Ice Emergency. In order to facilitate the movement of traffic and to combat the hazards of snow and/or ice on the snow emergency routes named in section 903 of this Part, the Borough Mayor, in his discretion, may declare a snow and/or ice emergency (designated in this Part as a "snow emergency"). Information on the existence of a snow emergency shall be given by the Borough of Clarks Summit through radio, newspaper, television or other available media, and information on the termination of the emergency may be given by Section 902. Parking Prohibited, Driving Motor Vehicles Restricted, on Snow Emergency. Routes During Emergency. After any snow emergency is declared, it shall be unlawful, at any time during the continuance of the emergency, for any person: use of the same media. 1. to park a motor vehicle or to allow that vehicle to remain parked anywhere on any snow emergency route designated in Section 903 of this Part; or 2. to drive any motor vehicle on such snow emergency route, unless that vehicle is equipped with snow tires or Section 903. Snow Emergency Routes Designated. The following chains. are designated as snow emergency routes: Street Between/location Entire Length Entire Length Entire Length Entire Length Entire Length Entire Length Entire Length East Grove Street West Grove Street Highland Avenue Morgan Highway North State Street South State Street Winola Road Section 904. Penalty for Violation. 1. If, at any time during a period of snow emergency declared under Section 901 of this Part, a person shall park MOTOR VEHICLES AND TRAFFIC CHAPTER 15 a motor vehicle or allow a motor vehicle to remain parked anywhere upon a snow emergency route, that person shall be guilty of a violation of this Part, and, shall pay a fine of 2. If, at any time, during a period of snow emergency declared under Section 901 of this Part, a person shall drive a motor vehicle upon a snow emergency route, without having that vehicle equipped with snow tires or chains, that person shall be guilty of a violation of this Part, and, upon conviction, shall be sentenced to pay a fine of twenty- fifteen dollars ($15.00) and costs. five dollars ($25.00) and costs. MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Part 10 Regulation of Pedalcycles and Non-motorized Vehicle Section 1001. Riding and Parking of Pedalcycles on Sidewalks Along Certain Streets Prohibited. 1. It shall be unlawful for any persons to ride or to park a pedalcycle on the sidewalk along the following portions of the streets in the Borough of Clarks Summit: Street Side Between Reserved for future use. 2. Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of five dollars ($5.00) and costs. Section 1002. Restrictions on Use of Pushcarts. 1. The word "pushcart", as used in this section, shall mean a vehicle, including a pedalcycle, propelled solely by human power, and used or intended for use for the display, transport, exhibit or sale of goods, wares or merchandise. 2. It shall be unlawful for any person to propel a pushcart upon any sidewalk in any business district except as necessary to move the pushcart to a location from which it is to be loaded or unloaded or from which goods, wares or merchandise are to be sold or dispensed under permit from the Borough Council as provided in subsection 3 of this 3. It shall be unlawful to any person to park a pushcart upon any sidewalk except for the purpose of selling or dispensing from that pushcart goods, wares or merchandise to passersby under permit from the Borough Council. Every such permit shall be issued to the person making application for the permit, upon payment of a fee, which shall be for the use of the Borough of Clarks Summit, set by Borough Council pursuant to a Borough Resolution. The permit shall be granted to the applicant, upon payment of the fee, and upon his signing an agreement with the Borough Council that he shall be bound by the conditions imposed by. the Borough Council and made a part of the permit, dealing with the A. Restricting or limiting the parking of the pushcart to one or more stated locations upon the sidewalk and to stated days and hours at each location; section. following matters: MOTOR VEHICLES AND TRAFFIC CHAPTER 15 and B. Stating requirements to be adhered to in connection with the disposal of garbage and refuse resulting from the operations carried on; and C. Requiring that there be no violation of any law, ordinance or regulation pertaining to health, sanitation and the handling of food or drink. 4. Any person who violates any provision of this section, or any condition of any permit granted under this section, shall be guilty of a summary offense, and, upon conviction, shall be sentenced to pay a fine of twenty-five dollars ($25.00) and costs. Section 1003. Skates, Skateboards, Rollerblades, Coasters, Sleds 1. It shall be unlawful for any person to ride on a sled upon any sidewalk in the Borough of Clarks Summit, or upon any roadway unless that roadway is on a portion of a street blocked off for sledding by authority of Section 105 of Part 1 or Section 216 of Part 2 of this ordinance. Provided: nothing in this subsection shall prevent a pedestrian from pulling a sled, with or without a rider, upon a sidewalk. 2. It shall be unlawful for any person to engage in roller-skating, skateboarding, rollerblading or to ride or propel any coaster or other toy vehicle upon: and Other Toy Vehicles. A. any street except in order to cross the roadway; B. any sidewalk located in a business district, except that nothing in this paragraph shall prevent a pedestrian from pulling a coaster or other toy vehicle, with or without rider, upon a sidewalk. 3. Any person who violates any. provision of this section shall, pay a fine of fifteen dollars ($15.00). or MOTOR VEHICLES AND TRAFFIC CHAPTER 15 Part 11 Pedestrian Regulations Section 1101. Pedestrians to Obey Traffic-Control Signs. At all locations in the Borough of Clarks Summit where official traffic- control signals are installed, pedestrians, except where directed otherwise by Pedestrian-control signals installed under section 1102 of this Part, shall obey the directions of those traffic- control signals, as follows: 1. When facing a green signal, a pedestrian may proceed 2. When facing a steady yellow signal, a pedestrian shall 3. When facing a red signal, a pedestrian shall not enter Section 1102. Pedeatrian-Control Signal Locations Established. At the following locations, official pedestrian-control signals across the roadway within a crosswalk; and not start to cross the roadway; and the roadway. are ratified: Street Morgan Highway S. State St. S. State St. S. State St. S. State St. Winola Road Location Intersection with West Grove Street Intersection of Maple Street Intersection with Weis Market Entrance Intersection with Grove Streets Intersection with Highland Avenue and Winola Intersection with Old Lackawanna Trail Road Every pedestrian facing a steady or flashing "Don't Walk" signal shall obey the directions of that signal, as follows: 1. When facing a steady "Don't Walk" signal, a pedestrian shall not start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed his crossing on the "Walk" signal should proceed to a sidewalk or safety zone while the "Don't Walk" signal is showing. 2. When facing a flashing "Don't Walk" signal a pedestrian shall not start to cross the roadway in the direction of the MOTOR VEHICLES AND TRAFFIC CHAPTER 15 indication, but any pedestrian who has partly completed crossing during the "Walk" indication should proceed to Any pedestrian who fails to obey the directions of a "Don't Walk" signal, as indicated above, shall be guilty of an as sidewalk or safety zone. offense and a violation of this Part. Section 1102.1. Crosswalks Without Traffic Control Signals. When tratfic-control signals are not in place or not in operation, the driver of a vehicle shall yield the rignt-of-way to a pedestrian crossing the roadway within any marked crosswalk or within Section 1102.2. Limitation on Vehicle Passing. Whenever vehicle is stopped at any. crosswalk at an intersection or at any marked crosswalk to permit a pedestrian to cross the roadway, any the driver of any other vehicle approaching from the rear shall not Section 1103. Location Where Pedestrian Crossing in Unmarked unmarked crosswalk at an intersection. any overtake and pass the stopped vehicle. Crosswalks Restricted. Reserved for future Use. Section 1104. Locations Where Pedestrians May Cross Only in Crosswalk. It shall be unlawful for any pedestrian: 1. To cross any roadway in a business district within the Borough of Clarks Summit except in a crosswalk; and 2. To cross the roadway, in any of the following portions of streets in the Borough of Clarks Summit, except in a crosswalk: Street Bissell St. Davis St. Knapp Road East Grove St. East Grove St. Morgan Highway Between/location At intersection with West Grove At West Grove Street Rear Entrance to Clarks Summit Learning Intersection with Linden Street Intersection with School Street Intersection with West Grove Street Center MOTOR VEHICLES AND TRAFFIC CHAPTER 15 West Grove St. Winola Road Between Bedford Street & Marion Street Intersection with Earl Street Provided: nothing in this section shall permit any pedestrian to cross in a crosswalk at any location where that crossing is prohibited by Section 1102 of this Part. Section 1105. Penalty for Violation. 1. Any pedestrian who violates any provision of this Part shall be guilty of a summary offense, and, upon conviction, shall be sentenced to pay a fine of fifteen dollars ($15.00) 2. Any driver who violates the provisions of Section 1102.1 or Section 1102.2 of this Part, upon conviction thereof be sentenced to pay a fine of twenty-five dollars and costs. ($25.00) and costs. Adopted at a Special Meeting of Borough Council conducted on Wednesday, April 5th, 2000. EDWARD M. BUSH, SR. Council President APPROVED: Approved this 5th day of April, 2000: ANTHONY PERRY Mayor ATTEST: Adopted at a Borough of Clarks Summit Special Council Meeting conducted on Wednesday, April 5th, 2000. JAMES G. VONES, SR. Borough Manager/Beoretary