BOROUGH OF CLARKS SUMMIT COUNTY OF LACKAWANNA COMMONWEALTE OF PENNSYLVANIA ORDINANCE NO. 2021-01  AN ORDINANCE AMENDING SECTION: 304 OF CHAPTER 15, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE BOROUGH OF CLARKS SUMMIT INC ORDER TO EXPAND AND UPDATE THOSE ROADWAYS WHERE TRUCK TRAFFIC IS PROHIBITED  WHEREAS, the Borough ofClarks Summit (the Borough") is a Borough and Municipality int the Commonwealth of Pennsylvania organized and governed according to the  Borough Code; and  WHEREAS, 8 Pa. C.S.A. $ 1201, et seq. (hereinafter, "the Borough Code") authorizes Borough Council to regulate, among other things, parking (Section 1202(31)); the streets (Section 1202(12)); the towing of vehicles, (Section 1202(34)); and the general regulation of nuisances and protections for thel health, safety and welfare oft the public (Sections 1202(4) and  1202(5))(See 8 Pa. C.A. $1202 (4),(5),(12), ( (31) and (34)); and  WHEREAS, the Borough Council has been granted broad powers under the Borough WHEREAS, the Borough Council had previously adopted Chapter 15 ofthel Borough Code (relating to "Motor Vehicles and Traffic") on or about November 2, 1983 through Ordinance 1983-05, which has been updated by Borough Council through multiple amendments;  Code to act for the benefit oft the public welfare; and  and  WHEREAS, itl has been over 20 years since the Borough updated the list ofroadways on which truck traffic is] prohibited and Borough Council has determined that it is necessary for the safety ofl Borough's residents and property owners that the list be expanded and updated to include numerous other roadways, or portions thereof, by amending Section 304 of Chapter 150 of  the Borough's Ordinances, in the manner provided below:  NOW, THEREFORE, it is hereby ORDAINED and ENACTED by the Borough Council oft the Borough of Clarks Summit, County ofLackawanna and Commonwealth of Pennsylvania,  as follows:    Section 1. Revised $15-304. Truck Traffic Restricted on Certain Roadways. 1. Definitions. The following words and phrases when used in this Section shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Borough". The Borough of Clarks Summit in Lackawanna County, Pennsylvania. "Combination. " Two or more vehicles physically interconnected in tandem. "Emergency vehicle." A State or county emergency management vehicle, fire department vehicle, police vehicle, sheriff vehicle, ambulance, advanced life support squad vehicle, basic life support squad vehicle, emergency canteen support service organization vehicle, blood delivery vehicle, human organ delivery vehicle, hazardous "Gross combination weight rating." The value specified by the manufacturer as the Gross vehicle weight rating." The value specified on the Federal weight certification "Gross weight." The combined weight of a vehicle or combination ofvehicles and its  material response vehicle and armed forces emergency vehicle.  loaded weight of a combination.  label by the manufacturer as the loaded weight ofas single vehicle.  load excluding the driver's weight. "Motor carrier vehicle."  (1) A truck, truck tractor or combination having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or (2). A truck, truck tractor or combination engaged in interstate commerce and having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or actual gross weight of1 10,001 pounds or more. "Motor vehicle." A vehicle which is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power.  actual gross weight of 17,001 pounds or more.  2    "Registered gross weight."  (1) The maximum gross weight at which a vehicle or combination is registered in the Commonwealth of Pennsylvania to operate upon a highway, which shall include the weight at which a vehicle or combination is registered for operation in the Commonwealth of Pennsylvania under the Vehicle Code.  (2) iftherei is noi registered gross weight in the Commonwealth of Pennsylvania, then the term shall mean the maximum gross weight at which a vehicle or combination registered in another state is registered or otherwise authorized to operate by such "Roadway" The entire width between the boundary lines of every way publicly maintained when any part thereofis open to the use oft the public for purposes of vehicular travel, including ways which are designated as "streets", "roads" and "avenues" "Truck." A motor vehicle designed primarily for the transportation of property. The term includes motor vehicles designed with seats that may be readily removed and reinstalled ifthose vehicles are primarily used for the transportation of property. "Truck tractor.". A motor vehicle designed and used primarily for drawing other vehicles and not SO constructed as to carry a load other than a part oft the weight oft the "Vehicle." Every device in, upon or by which any person or property is or may be transported or drawn upon al highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use ofaj person with ai mobility-related  state.  in the Borough.  vehicle and load SO drawn.  disability.  Vehicle Code" 75 Pa. C.S. $ 101, et seq. (as amended)  3    2. Its shall be unlawful for any person to drive ai motor carrier vehicle on any oft the  following roadways in the Borough.  Roadway Name Atherton Street Bedford Street Bissell Street Center Street Depot Street Earl Street Electric Street Florence Street Grandview Street Greenwood Avenue Hemlock Drive Highland Avenue Jefferson Street Knapp Road Lansdowne Avenue Maple. Avenue Marion Street Park Avenue Sleepy Hollow Road Sunset Street  Portion of Roadway Entire length  Center Street to West Grove Street West Grove Street to Knapp Road  Entire length Entire length  Winola Road tol Melrose Avenue Winola Road to Center Street Winola Road to Woodlawn Avenue  Entire length Entire length Entire length  State Street to Glenburn Road Morgan Highway (SR 307) to Sleepy  Hollow Road Entire length  Front Street to South Abington Road South State Street to South Abington Winola Road to West Grove Street  Road  Entire length Entire Length Entire Length  4    3. Nothing ini this Section shall prohibit any person from driving an emergency vehicle on any oft the roadways or parts ofroadways identified in this Section. Nothing in this Section shall prohibit any person from driving a motor carrier vehicle on any oft those roadways and parts ofthose roadways when the person is making local deliveries to or pickups from premises located along those roadways and parts of those roadways. 4. Any person who violates any provision oft this Section shall bei required toj pay aj penalty  of One Hundred Dollars ($100.00) for each separate violation.  Section 2.  Severability  Ifany sentence, clause, section or part of this ordinance is, for any reason, found tol be unconstitutional, illegal ori invalid, such unconstitutionalty, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. Itisl hereby declared as the intent ofBorough Council that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof  not been included herein.  Section 3. Existing Ordinances, Resolutions and Policies  All relevant ordinances, regulations, and policies oft the Borough not amended shall remain  in full force and effect.  Section 4. Conflicting Ordinances, Resolutions and Policies  All ordinances regulations, and policies oft the Borough or parts thereof conflicting with any provisions of this ordinance are. hereby repealed insofar as the same affects this ordinance. This Ordinance shall be effective immediately upon passage and approved in the manner  Section 5. Effective Date prescribed by law.  5    ORDAINED AND ENACTED into an Ordinance this 7th day of April, 2021  Borough Council of the Borough of Clarks Summit  Q GERMAINE CAREY Council President  C  APPROVED:  Approved this 7th date of April, 2021  HERMAN JOHNSON Mayor; Borough of Clarks Summit  Adopted byt  Summit Borough Council this 7th date of April, 2021.  CLARK  VIRGINIA/REHOE BorgaMamgeserfan) U  f  CLASS  6