Vehicle Speed, Weight, Parking, and operation Ordinance

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

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

Section 1300. Purpose. Regulating the use of motor vehicles on the streets and rights- of- way in the Borough of Bolivar.

Section 1301. Definitions and Construction. The definitions contained in "The Vehicle Does" of the Commonwealth of 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.

b. Driveway. any private road connecting a house, garage, or other building with the street.

c. Private Driveway. - any driveway that connects a residential property with the street.

d. Public Driveway - any driveway that does not meet the definition of a private driveway.

Article I.

Section 1302. Weight Prohibition. It shall be unlawful to operate or cause to be operated upon any of the streets and / or alleys of the Borough of Bolivar, any motor vehicle, trailer or semi-trailer, having a gross weight, including chassis, body and load, of more than six (6) tons without a permit.

Section 1303. Exemption An exemption shall be granted for local commercial delivery and fire equipment.

Section 1304. Permit Any person or entity who wants to have excess weight vehicles or equipment to travel or traverse on Borough streets and / or alleys must acquire a permit from the Borough Secretary and post a cash/security bond with the Borough. The amount of the cash/security bond will be based upon the estimated cost of repair as determined by the Borough engineer. The cash/security bond will be returned to the permittee upon completion of the operation.

Section 1305. Special Requirements by Permit Applicants.

a. During the traveling or traversing on a Borough street and / or alley, the permit applicant must take every reasonable precaution not to destroy, damage, or alter the structural integrity of the Borough streets and alleys.

b. The permit applicant must agree to be responsible and indemnify the Borough for any damages and / or claim due to or arising from the operation of an excessive weight vehicle as per this Ordinance.

c. The permit must provide the following information:

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 the operation.

4. The streets and alleys that said vehicle will be operated upon.

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

Time (s) of said operation.

d. If, in the opinion of any Borough Official, said operation of an excessive weight vehicle is for an extended time or the weight limit is over six (6) tons, the Borough Official shall require the posting of a protective security bond to protect the structural integrity of the Borough streets and alleys. 

Section 1306. Permit Fee. Applicants for an excessive weight vehicle permit shall be accompanied by a Ten and no/100 (10.00) dollars fee, payable to the Borough of Bolivar.

Article II.

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

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

b. In the case of emergency, to facilitate public works or in the case of the 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 or 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 and no/100 ($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 officer(s) of the Borough are hereby given the authority to direct traffic on the streets of Bolivar and at intersections thereof.

Section 1322. Authority of Emergency Response Personnel. The emergency response personnel of the Bolivar Volunteer Fire Company and the Tri-Community Ambulance Authority shall have the power to close the following streets temporarily in time of emergency when Kelly Field is being used as an emergency landing site for MEDIVAC helicopters.

a. Second Street from the intersection of Shaffer Street to the intersection of Water Street.

b. Water Street from the intersection of Second Street to the intersection of Third Street.

c. Third Street from the intersection of Shaffer Street to the intersection of Water Street.

Article III

Section 1330. Stop Intersections Established

a. 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 names 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 reasonable distance, before entering such intersection.

Stop Street Through Street Direction of Travel

of Stop

First Street Lincoln Street - Route 259 Westbound

Second Street Market Street Eastbound

Second Street Lincoln Street Westbound

Third Street Shaffer Street Eastbound

Third Street Shaffer Street Westbound

Third Street Market Street Eastbound

Third Street Washington Street Eastbound

Third Street Washington Street Westbound

Third Street Lincoln Street Eastbound

Third Street Lincoln Street Westbound

Fourth Street Shaffer Street Eastbound

Fourth Street Shaffer Street Westbound

Fourth Street Market Street Eastbound

Fourth Street Market Street Westbound

Fifth Street Market Street Eastbound 

Fifth Street Market Street Westbound

Seventh Street Washington Street Westbound

Ninth Street Washington Street Westbound

Shaffer Street Second Street Northbound

Shaffer Street Third Street Northbound

Shaffer Street Third Street Southbound

Market Street Second Street Southbound

Washington Street Second Street Northbound

Washington Street Second Street Southbound

Washington Street Fourth Street Northbound

Washington Street Fourth Street Southbound

Washington Street Fifth Street Northbound

Washington Street Fifth Street Southbound

Washington Street Sixth Street Northbound

Washington Street Sixth Street Southbound

Washington Street Eighth Street Northbound

Washington Street Eighth Street Southbound

Washington Street Lincoln Street Southbound

Lincoln Street Second Street Northbound

Lincoln Street Fourth Street Northbound

Lincoln Street Fourth Street Southbound

Lincoln Street Fifth Street Northbound

Lincoln Street Fifth Street Southbound

Lincoln Street Sixth Street Northbound

Lincoln Street Sixth Street Southbound

Lincoln Street Seventh Street Northbound

Lincoln Street Seventh Street Southbound

Lincoln Street Eighth Street Northbound

Lincoln Street Eighth Street Southbound

Lincoln Street Ninth Street Northbound

Lincoln Street Ninth Street Southbound

McKinley Street Second Street Northbound

McKinley Street Second Street Southbound

McKinley Street Third Street Northbound

McKinley Street Third Street Southbound

McKinley Street Fifth Street Northbound

McKinley Street Fifth Street Southbound

McKinley Street Sixth Street Northbound

McKinley Street Sixth Street Southbound

McKinley Street Seventh Street Northbound

Stop Street Through Street Direction of

Travel of stop

McKinley Street Seventh Street Southbound

McKinley Street Eighth Street Northbound

McKinley Street Eighth Street Southbound

Section 1331. Stop Straight, Except Right Turn Intersection.

Stop Street Through Street Direction of Travel of stop

Lincoln Street RT 259 Second Street Westbound

Market Street Second Street Eastbound

Section 1331. Street and Alley Designations

Alley Name's

Dogwood Lane Alley is parallel, but between, the two following streets. Water Street and Shaffer Street, with the beginning point at the Railroad Line and the ending point at Fifth Street.

Magnolia Lane Alley is parallel, but between, the two following streets, Shaffer Street and Market Street, with the beginning point at the Railroad Lane and the ending point at Sixth Street.

Hemlock Lane Alley is parallel, but between, the two following streets, Market Street and Washington Street, with the beginning point at the Railroad Line and the ending point at Sixth Street.

Cedar Lane Alley is parallel, but between, the two following streets, Washington Street and Lincoln Street, with the beginning point at the Railroad Line and the ending point at Washington Street.

Nut Street Alley is parallel, but between, the two following streets, Lincoln Street and McKinley Street, with the beginning point at First Street and the ending point at the southern boundary with Fairfield Township.

Crabapple Lane Alley is parallel, but between , the two following streets, McKinley Street and Walnut Street, with the beginning point at Second Street and the ending point at Eighth Street.

Section 1334. One - Way Streets It shall be unlawful for any person to travel other than one way on the following streets.

a. Third Street between Market Street and Washington Street, traffic allowed to travel only East from Market Street.

b. Fourth Street between Market Street and Washington Street, traffic allowed to travel only West from Washington Street

c. Sixth Street between Market Street and Washington Street, traffic allowed to travel only East from Market Street.

d. Washington Street between intersection of Ninth Street and Washington Street to the intersection of Washington /street and Lincoln Street, traffic allowed to travel only south from intersection of Ninth Street and Washington Street.

Article IV.

Section 1340. Speed Restriction. It shall be unlawful for any person operating a motor vehicle on any of the Borough streets to travel more than twenty-five (25) miles per hour. It shall be unlawful for any person operating a motor vehicle on any of the Borough alleys to travel more than fifteen (15) miles per hour.

Article V

Section 1360. Uninspected and Unlicensed Vehicles It shall be unlawful of 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 plate of the Commonwealth of Pennsylvania and not having been duly inspected and evidenced by an authentic and current inspection sticker issued by authority of the Commonwealth of Pennsylvania.

Section 1362. Penalty Any person violating the provisions of Sections 1302 through 1360 shall, upon summary conviction before a District Magistrate, be sentenced to pay a fine of not less than Fifty and no/100 ($50.00) dollars and not more than Five Hundred and no/100 ($500.00) , costs and 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 ten (10) days plus any applicable restitution so ordered.

For a second offense and subsequent offenses, the penalty shall not be less than three (3) times the first fine, plus other penalties appropriate under this section.

Article VI

Section 1380. Repair of Parked Vehicles It is unlawful to repair an 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.

Article VII

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

a. No Parking on Streets

1. East side of Shaffer Street from the intersection of Second Street to the intersection of Fifth Street.

2. East side of Market Street from the intersection of Railroad Line to the intersection of Second Street.

3. East side of Washington Street from the intersection of Railroad Line to the intersection of Eighth Street.

4. East side of Lincoln Street from the intersection of Third Street to the end of Lincoln Street.

5. East side of McKinley Street from the intersection of First Street to the intersection of Third Street.

6. East side of McKinley Street from the intersection of Fifth Street to the end of McKinley Street.

7. East side of Walnut Street from the intersection of Fourth Street to the intersection of fifth Street.

8. East side of Lear Street the entire length of Lear Street.

9. West side of Water Street from the intersection of Second Street to the intersection of Third Street.

10. West side of Washington Street from the intersection of Eight Street to the end of Washington Street.

11. West side of Lincoln Street from the intersection of Second Street to the intersection of Third Street.

12. West side of McKinley Street from the intersection of Third Street to the intersection of Fifth Street.

13. North side of Second Street from the intersection of Water Street to the alley between Washington and Market Streets.

14. North side of Second Street from the intersection of Washington Street to the intersection of Lincoln Street.

15. North side of Third Street from the intersection of McKinley Street to the intersection of Walnut Street.

16. North side of Third Street from the intersection of Water Street to the intersection of Lincoln Street.

17. North side of Fourth Street from the intersection of McKinley Street to the intersection of Walnut Street.

18. North side of Fifth Street from the intersection of Lincoln Street to the intersection of Walnut Street.

19. North side of Sixth Street from the intersection of Market Street to the intersection of McKinley Street.

20. North side of Eighth Street the entire length of Eight Street.

21. North side of Ninth Street the entire length of Ninth Street.

22. South side of Second Street from the intersection of Market Street to the intersection of McKinley Street.

23. South side of Third Street from the intersection of Lincoln Street to the intersection of McKinley Street.

24. South side of Fourth Street from the intersection of Shaffer Street to the intersection of Lincoln Street.

25. South side of Fifth Street from the intersection of Shaffer Street to the intersection of Lincoln Street.

26. South side of Seventh Street from the intersection of Washington Street to the intersection of McKinley Street.

27. Lincoln Street from the point of intersection with Second Street in a northerly direction to the Borough boundary line is hereby designated as a no parking zone, and it shall be unlawful for any person to park or cause to be parked a motorized vehicle or conveyance of any kind on either side of Lincoln Street Route 259 between the points hereinabove designated.

b. No Parking Near Intersections. Within twenty (20) feet of any street intersection within the limits of the Borough of Bolivar.

c. No Parking Near Fire Hydrants Within fifteen (15) feet in either direction of a fire hydrant within the limits of Borough of Bolivar.

d. Public or Private Driveways - No Parking It shall be unlawful to block access to any public or private driveways within the Borough of Bolivar.

Section 1391. Municipal Signs Erected and Curbs Painted. Regulatory signs shall be erected, or curbs of streets shall be painted yellow, or both, in all zones in which parking of motor vehicles is restricted or prohibited.

Section 1392. Penalties Any violations of Sections 1380 through 1391 of this Ordinance shall be subject to a fine not less than five and no/100 ($5.00) dollars and not more than One Hundred and no/100 ($100.00) dollars for a first offense. For each hour that a condition continues to exist once a person is cited shall constitute a new offense.

Article VIII.

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 Requirements. 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 required by the Vehicle Code of Pennsylvania, conspicuously posted to give notice of the provisions of the Ordinance Sections 1300 through 2004. 12

Section 1396. Prohibition Against Removal, Defacement, 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 signs had been in place and visible for a period not less than thirty (30) days:

b. That in the event the Official Municipal Sign is defaced, removed, or damaged 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 Statues shall continue to be in effect as if the sign had not been defaced, removed, or damaged.

Article IX.

Section 1398 Penalty Any person violating the provisions of Sections 1395 through 1396 shall, upon summary conviction before a District Magistrate, be sentenced to pay a fine not less than Fifty and no/100 ($50.00) dollars and not more than Five Hundred and no/100 ($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 ten (10) days plus any applicable restitution so ordered.

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 1st day of May 1995.

J. Diane Robinson

Council President

Attest:

Cheryl McGinnis

Borough Secretary

Examined and approved this 1st day of May 1995.

Arthur W. Sisitki

Mayor

Original Ordinance in Vault drawer

Amendment to Ordinance No 1 of 1995   

Whereas,  the Borough of Bolivar desires to amend the Ordinance No 1 of 1995, entitled Vehicle Speed, Weight, Parking and Operation, and

Whereas, the Borough specifically wished to amend Article III Section 1330, relating to Stop Intersection Established.

Now therefore, be it ordained and enacted by the Council of the Borough of Bolivar, County of Westmoreland, Commonwealth of Pennsylvania

Article III. Section 1330

a. Stop Intersections Established

Stop Street Through Street Direction of

Travel of Stop

Walnut Street Second Street Northbound

Walnut Street Third Street Northbound

Walnut Street Third Street Southbound

Walnut Street Fourth Street Northbound

Walnut Street Fourth Street Southbound

Walnut Street Fifth Street Southbound

Lincoln Street Third Street Northbound

Ordained and Enacted by the Council for the Borough of Bolivar, during a duly advertised and convened meeting, wherein at least a quorum was present and this Ordinance was voted upon and enacted on this 3rd day of August 1998

Rudolph G. Sisitki

President of Council

Everett W. Saxton

Mayor

Attest.

Julianne Huffman

Borough Secretary  Ordinance amended 2005 -4

Ordinance # 1 of 2012    

An Ordinance of the Borough of Bolivar, County of Westmoreland and commonwealth of Pennsylvania, amending Ordinance 1 of 1995 providing for vehicle speed, weight, parking and operation.

Whereas, the Borough of Bolivar has been notified that the Bolivar Volunteer Fire Company will be moving its location within the Borough to that lot or lots immediately adjacent to the North side of Third Street at its intersection with Market Street, and

Whereas, the Volunteer Fire Company has indicated that its garage will face on Third Street and that its fire trucks will exit onto Third Street at the time of any fire or emergency fire call, and

Whereas, vehicle parking along that portion of Third Street, between Shaffer and Market is inconsistent with the safe and efficient ingress and egress of the Volunteer Fire Company's emergency vehicle in emergency response situations, and

Whereas the Borough Code (53 P.S. 46202) authorizes the regulation of parking within the Borough.

Now therefore, be it ordained and enacted and it is hereby ordained and enacted

1. Article Vii Section 1390, Prohibition of Parking in Certain Locations, of the Ordinance 1 of 1995 is hereby amended to prohibit parking:

On the south side of Third Street from Shaffer to Market

Ordained and Enacted this 6th day of September 2012.

Clark Baird

Council President

Attest:

Approved:

Kelly Lupacchini

Secretary

Everett Saxton

Mayor

Original Ordinance on file in Vault *Note: this Ordinance also replaced ordinance 92-4