Upon motion by     Brian P. McGrath    , seconded by    Lawrence G. Curtis     , the following Ordinance was duly enacted,   3   voting in favor of enactment,   0   voting against enactment.

 

ORDINANCE NO.    2004-5

 

 

An Ordinance of the Township of Millcreek, Erie County, Pennsylvania to establish and impose restrictions as to the size of vehicles operated upon streets, establishing a two-axle per vehicle size restriction upon vehicles traveling on Lowell Avenue, between West 23rd Street south to West 26th Street; on Appleman Road, between Martin Road and Kane Hill Road; on Filmore Avenue, between West 23rd Street south to West 25th Street and on Henderson Road, between Wattsburg Road (PA Route 8) and Lake Pleasant Road; providing exemptions from the restrictions for school buses, emergency vehicles and certain local deliveries or pickups; providing for the erection of official signs to warn the traveling public of said vehicle size restriction; establishing fines and penalties for violations; and including severability and repealor clauses.

 

WHEREAS, after engineering study and recommendation, the Board of Supervisors of Millcreek Township has determined that the conditions of streets and bridges on Lowell Avenue, between West 23rd Street south to West 26th Street; on Appleman Road, between Martin Road and Kane Hill Road; on Filmore Avenue, between West 23rd Street south to West 25th Street and on Henderson Road, between Wattsburg Road (PA Route 8) and Lake Pleasant Road, are such that the streets or bridges thereon may be damaged or destroyed unless the permissible size of vehicles traveling upon such streets is reduced; and

 

WHEREAS, the Board of Supervisors, after an analysis of physical features and conditions of the aforesaid streets, deems it necessary for the safety of public travel and preservation of the said streets that a restriction be established upon the size of vehicles traveling upon said streets and that preservation of said streets requires that no vehicles having more than two axles be allowed to travel upon said streets; and

 

WHEREAS, the Pennsylvania Vehicle Code, see 75 Pa.C.S.A. § 4902, grants to local authorities, including Millcreek Township, authority to establish restrictions upon vehicle sizes or weights based on the condition of a street or bridge; and

 

WHEREAS, the public health, safety and welfare requires that school buses, emergency vehicles and local deliveries or pickups be exempted from the restriction; and

 

WHEREAS, an engineering study was made upon the above identified streets in connection with consideration of establishing a restriction upon the size of vehicles allowed; and

 

WHEREAS, after such engineering and traffic investigation and study, it has been recommended to the Board of Supervisors that a maximum vehicle size of two axles be established for the above-identified streets, and that vehicles of larger size, excepting only those exempted in this Ordinance, be prohibited from traveling, parking or standing upon said streets.

 

NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Board of Supervisors of Millcreek Township, Erie County, Pennsylvania, and it is hereby enacted and ordained as follows:

 

SECTION 1.         No person shall operate any vehicle having more than two (2) axles on the following streets of Millcreek Township:

 

                        A.        Lowell Avenue, between West 23rd Street south to West 26th Street;

 

                        B.         Appleman Road, between Martin Road and Kane Hill Road;

 

                        C.        Filmore Avenue, between West 23rd Street south to West 25th Street; and

 

                        D.        Henderson Road, between Wattsburg Road (PA Route 8) and Lake Pleasant Road.

 

SECTION 2.         It shall be unlawful to operate any vehicle having more than two (2) axles on any of those streets or sections thereof as identified in Section 1, above, excepting only those vehicles expressly exempted from the restriction under this Ordinance.

 

SECTION 3.         Official signs giving notice of the established vehicle size restriction and limitation shall be erected and maintained on Lowell Avenue, between West 23rd Street south to West 26th Street; on Appleman Road, between Martin Road and Kane Hill Road; on Filmore Avenue, between West 23rd Street south to West 25th Street and on Henderson Road, between Wattsburg Road (PA Route 8) and Lake Pleasant Road, said signs to be in accordance with regulations adopted by the Pennsylvania Department of Transportation.

 

SECTION 4.         This Ordinance shall not extend or apply to school buses, to fire apparatus, ambulances or other emergency vehicles, to vehicles of the Township’s residential municipal waste and recyclable materials contractor to local deliveries or pickups to and from residential properties upon said streets or to special mobile equipment (SME) licensed vehicles providing services to properties upon said streets.  The foregoing vehicles shall be exempted from this Ordinance.

 

SECTION 5.         Any person or persons who shall violate any of the provisions of this Ordinance shall be guilty of a summary offense and, upon conviction before a District Justice, be sentenced to pay a fine of $75.00 in accordance with the provisions of Section 4902(g) of the Vehicle Code, 75 Pa.C.S.A. § 4902(g), as the same may in the future be amended, as well as costs of prosecution for each separate offense.  To the extent permitted by State law, such fine shall be paid over to the Millcreek Township Treasurer.  In accordance with the provisions of Ordinances Nos. 96-8 and 96-9, as the same may be amended, a person found to have violated this Ordinance shall also be obligated to pay all attorney’s fees incurred by Millcreek Township in such proceeding.

 

SECTION 6.         If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by any court, such holding(s) shall not be construed to affect the validity of any of the remaining provisions of this Ordinance.  It is hereby declared the legislative intent that this Ordinance would have been adopted had such invalid or unconstitutional provision or its application not been included herein.

 

SECTION 7.         All Ordinances or parts of any Ordinance inconsistent herewith are hereby repealed.

 

BE IT ENACTED this 28th day of April, 2004.

 

 

 

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__Lawrence G. Curtis (signed)_____

                                                   Lawrence G. Curtis, Secretary