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
2004-6
An Ordinance of the Township of Millcreek, Erie County,
Pennsylvania prohibiting the parking or standing of vehicles along the right of
way of Highland Road, on its west side from West 34th Street north
to West 32nd Street and on its east side from West 34th
Street north a distance of 75 feet to the Ridgefield School driveway; providing
for the erection of official signs; establishing fines and penalties for
violations and including severability and repealer clauses.
WHEREAS, physical
conditions, combined with vehicular traffic at the aforesaid area along the
west side of Highland Road between West 34th Street and West 32nd
Street and the east side of Highland Road between West 34th Street
and the Ridgefield School driveway in the Township of Millcreek, as described
herein, create situations hazardous to public travel; and
WHEREAS, the
Board of Supervisors, after an analysis of physical features and traffic
conditions of the aforesaid street, deems it necessary for the safety of public
travel on said street(s) that the parking or standing of vehicles be prohibited
and that official signs be erected as hereinafter set forth; and
WHEREAS, engineering
and traffic studies have been completed in conformity with the rules and
regulations of the Pennsylvania Department of Transportation which recommend
that the parking restrictions described below be established.
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, at any time, park or leave standing any vehicle along the right of way of Highland Road, on its west side between West 34th Street and West 32nd Street and on its east side from West 34th Street north a distance of 75 feet to the driveway of Ridgefield School.
SECTION 2. No person shall, at any time, park or leave standing any vehicle along the right of way of Highland Road, on its west side between West 34th Street and West 32nd Street and on its east side from West 34th Street north a distance of 75 feet to the driveway of Ridgefield School.
SECTION 3. Official signs shall be erected and maintained on Highland Road, on its west line between West 34th Street and West 32nd Street and on its east line from West 34th Street north a distance of 75 feet to the Ridgefield School driveway, in accordance with rules and regulations of the Pennsylvania Department of Transportation and the Pennsylvania Vehicle Code to warn the public that parking is there prohibited.
SECTION 4. Any person or persons who shall violate the terms of this Ordinance shall be assessed a fine of $15.00 which shall be due within 72 hours after issuance of the citation or enforcement notice, which fine shall increase by $5.00 to $20.00 if not paid within such 72-hour period. In the event such fine is not paid within 15 days after issuance of the citation or enforcement notice, the Millcreek Township Police Department shall institute with the District Justice having appropriate jurisdiction a summary offense enforcement action under the Pennsylvania Rules of Criminal Procedure, and such person or persons, upon conviction thereof in said action, shall be sentenced to pay a fine of $25.00, as well as costs of prosecution, all court costs and all attorney’s fees incurred by Millcreek Township in such action. To the extent permitted by State law, such fine shall be paid over to the Millcreek Township Treasurer.
SECTION 5. 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 6. All Ordinances or parts of any Ordinance inconsistent herewith are hereby repealed.
BE IT ENACTED this 11th day of May, 2004.
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SWRUSORD/MLK