Vehicle Speed, Weight, Parking, and Operation Ordinance -

*Note: this Ordinance was replaced with 2012-1

Regulating the speed, weight, parking, and operation of motor vehicles within the Borough of Bolivar, granting special powers to the Mayor in case of emergency, and providing for penalties for violation.

Be it ordained and enacted by the council of the Borough of Bolivar, Westmoreland County, Pennsylvania, as follows:

Section 1300 Purpose - Restricting the use of designated vehicles above as designated weight on the streets and rights-of-way in the Borough of Bolivar.

Section 1301 Definitions and Construction The definitions contained in "The Vehicle Code " of the Commonwealth or Pennsylvania shall apply to this Ordinance, Other definitions are as follows:

(a) Excessive weight vehicle any vehicle whose weight exceeds the weight limitations found in this Ordinance or the state codes and regulations, whichever is stricter.

Article I

Section 1302 Weight Prohibition It shall be unlawful to operate or cause to be operated upon any of the highways, streets, ad / or alleys of the Borough of Bolivar, any motor vehicle, trailer or semi-trailer, having a gross weight, including chasses, body and load, of more than six (6) tons.

Section 1303 Heavy Vehicle Prohibition

(a) It shall be unlawful to operate or cause to be operated upon the highways, streets, and alleys of the Borough of Bolivar any heavy six (6) ton tractor equipment without a permit.

(b) Exemption for local commercial delivery and fire equipment due to the need for safety and health of citizens of the Borough.

Section 1304 (Reserved)

Section 1305 Specific Street Weight Restrictions The following streets or roads have stricter weight limits than those provided in Section 1302

Section 1306 Permit

(a) Any person or entity who wants to have excess weight vehicles or equipment to travel or transverse on Borough highways, streets, and / or alleys must acquire a permit from the Borough Secretary.

Section 1307 Special Requirements by Permit-tees / Applicants

(a) During the traveling or transverse on a Borough highway, street, and / or alley, the pert-tee / applicant must make every reasonable precaution not to destroy, damage, or alter the structure integrity of the Borough highways, streets, and / or alleys.

(b) The permit-tees / applicants must agree to be responsible and indemnify the borough for any damages and / or claims due to or arising from the operation of an excessive weight vehicle as per this Ordinance.

1. Name and address of applicant

2. Name and address of any entity on whose behalf the vehicle is being operated.

3. The purpose of operation

4. The streets, highways, or alleys that said vehicle will be operated upon.

5. The true and accurate weight of the vehicle (s)

6. Time (s) of said operation.

(d) If in the opinion of the Borough Secretary or any Borough official said operation of an excessive weight vehicle for an extended time or the weight limits are over six (6) ton, the Borough Official Secretary shall require the posting of a protective security / bond to protect the structural integrity of the Borough streets.

Section 1308 Penalty Any person violating the provisions of this Ordinance shall, upon summary conviction before a District Magistrate, be sentenced to pay a fine of not less than fifty ($50.00 dollars and not more than five hundred ($500.00) dollars, costs of prosecution, and restitution for any damages, and in default of payment thereof, shall undergo imprisonment in the Westmoreland county Jail for a period not exceeding five (5) days plus any applicable restitution so ordered.

Article II

Section 1320. Special Powers to the Mayor The Mayor shall have the following powers to regulate traffic and parking temporarily and in time of emergency:

(a) In case of fire, flood, storm, or other emergency to establish temporary traffic and parking regulations.

(b) In case of emergency, to facilitate public works or in the case of conduct of parades or other public events to restrict or prohibit parking or traffic in limited areas.

Such temporary and emergency regulations shall be enforced by the Mayor and the police of the Borough in the same manner as a permanent regulation. Any person who shall operate a vehicle in violation of any such regulation shall be liable to the penalty set forth in the law of elsewhere in this or any other valid Ordinance for a similar violation and in case of any violation for which no special penalty is set forth in the law or elsewhere in this or any other valid Ordinance, to a fine of not more than fifty ($50.00) dollars and costs of prosecution, and in default of payment of such fines and costs, imprisonment for not more than ten (10 ) days.

Section 1321 Authority of Police Officers The police officers of the Borough are hereby give the authority to direct traffic on the highways of the Borough and at intersections thereof.

Article III

Section 1330 Stop Intersections Established The following intersections are hereby declared to be stop intersections, and official stop signs shall be erected (or are hereby confirmed as heretofore erected), in such a position as to face traffic approaching the second name street, upon first named street in the direction or directions hereby indicated. all vehicles approaching any stop intersection upon the first named street in the direction or directions hereby indicated in each case shall come to a full stop, within a reasonable distance, before entering such intersection:

Section 1331 Penalty Any person violating any of the provisions of this Section, shall upon summary conviction before a Magistrate, be sentenced to pay a fine of not less than fifty ($50.00) dollars or a fine not in excess of four hundred ($400.00) dollars and costs of prosecution, and in default of payment thereof, shall undergo imprisonment for not more than five (5) days.

Article IV

Section 1340 Speed Restriction in Certain Locations It shall be unlawful for any person operating a motor vehicle on any of the following names streets and alleys to travel more than twenty0five (25) miles per hour:

Section 1341 Penalty Any person violating any of the provisions of this Section shall, upon summary conviction before a Magistrate, be sentenced to pay a fine of not less than fifty ($50.00) dollars and not more the four hundred ($400.00) dollars and costs of prosecution, and in default of payment thereof, shall undergo imprisonment for mot more than ten (10) days.

Article V

Section 1350 Left Turns. It shall be unlawful for any person operating a motor vehicle to make a left turn at the Following.

(a) None

Section 1353 Right turn on Red . It shall be unlawful for any person operation a motor vehicle to make a right hand turn on red at the following intersections:

(a) None

Section 1354 Penalty Any person violating any of the provisions of these Sections 1350 through 1354 shall, upon conviction before a Magistrate, be sentenced to pay a fine of not less than twenty-five ($25.00) and not more than two hundred ($200.00) and costs of prosecution, and in default of payment thereof, shall undergo imprisonment for not more than five (5) days.

Article VI

Section 1360 Uninspected and unlicensed vehicles It shall be unlawful for any person to park, or allow to remain parked on any street, alley, or Borough property in the Borough:

(a) Any motor vehicle not bearing a current and valid registration place of the Commonwealth of Pennsylvania or other authorized jurisdiction or

(b) Any motor vehicle, bearing a current and valid registration place of the Commonwealth of Pennsylvania and not having been duly inspected as evidenced by an authentic and current inspection sticker issued by authority of the Commonwealth of Pennsylvania.

Section 1361 Penalty Any person violating any of the provisions of this Section, shall upon summary conviction before a Magistrate, be sentenced to pay a fine of not less than seventy ($70.00) dollars and not more than six hundred ($600.00) dollars and costs of prosecution, and in default of payment thereof, shall undergo imprisonment for not more than twenty (20) days.

Article VIII

Section 1380 It is unlawful to repair a parked motor vehicle on Borough streets or parking areas, unless in case of emergency arising while such vehicle is being operated upon a street or alley of the Borough and that such vehicle cannot be moved to another location.

Section 1381 Penalty Any person violating any of the provisions of this Section, shall, upon summary conviction before a Magistrate, be sentenced to pay a fine of not less than fifty ($50.00) dollars and not more than four hundred ($400.00) dollars and costs of prosecution, and in default of payment thereof, shall undergo imprisonment for not more than twenty (20) days.

Article IX

Section 1390 Prohibiting of Parking in Certain Locations It shall e unlawful for any persons operating a motor vehicle on any of the following names streets and alleys to park and / or stand as is hereinafter specifically designated. This Ordinance shall, only be effective where posted. Prohibiting is as follows:

(a) No parking

(b) Special time / calendar or permitted parking prohibition.

Section 1391 Penalty Any person violating any of the provisions of Section 1390, shall, upon summary conviction before a Magistrate be sentenced to pay a fine of not less than twenty-five ($250..) or not more than one hundred ($100.00) dollars and costs of prosecution, and in default of payment thereof, shall undergo imprisonment for not more than ten (10) days.

Article X

Section 1395 Municipal Sign Protection and Enforcement

(a) Designation It is hereby directed that where required for the placement and erection of any necessary official municipal signs as defined under any Borough Ordinances or the Pennsylvania Motor Vehicle Code, these signs shall be deemed Official Municipal Signs.

(b) Sign requirement It is hereby directed that there shall be placed and erected any necessary, appropriate and official signs as defined and in such a manner as is required by the Vehicle Code of Pennsylvania, conspicuously posted to give notice of the provisions of the Ordinances Section 1300 through 1398.

Section 1396 Prohibition Against Removal, Defacing, or Damaging of Official Municipal Signs

(a) It shall be deemed that upon the erection and placement of any Official Municipal Signs and where said sign had been in place and visible for a period not less than thirty (30) days, it shall be deemed that in the event the Official Municipal sign is defaced, removed, or damage to such a degree as being unreadable or unintelligent in its meaning. It shall be deemed that the prohibitions or restrictions provided for by Ordinance or Pennsylvania Statutes shall continue to be in effect as it the sign before said sign's defacing, removal, or damage.

Section 1398 Penalty Any person violating the provisions of Sections 1395 through 1397 shall upon summary conviction before a Magistrate, be sentenced to pay a fine of not less than three hundred ($300.00) dollar plus costs of prosecution, and restitution for labor costs to repurchase, replace, or repair any affected Official Municipal Sign, and upon default of payment as set forth by this penalty shall undergo imprisonment for not less than (14) fourteen days, plus, fines, restitution and costs.

Ordained and enacted by the Council for the Borough of Bolivar during a duly advertised and convened meeting wherein a quorum was present and this Ordinance was voted upon and enacted on this 3rd day of August 1992.

Patricia Short

Council President

Attest:

Approved:

Florine Bella

Secretary

John C. Seidell

Mayor

Original Ordinance on file in Vault