Upon motion by Arthur F. Detisch , seconded by Mr. J. R. Bricker , the following Ordinance was duly enacted, 3 voting in favor of enactment, 0 voting against enactment.
ORDINANCE NO. 81-19
An Ordinance to reenact, amend, and
revise Millcreek Township Ordinance No. 26 by prohibiting the parking of motor
vehicles in or upon streets or within 9 feet of the center line of any street
or highway or within 6 feet of any public or private driveway or opposite any
driveway or other vehicle in such a fashion to obstruct traffic; also providing
for the towing or removal of motor vehicles parking in violation of Ordinance
No. 26.
WHEREAS, the free movement of traffic in Millcreek Township, Erie County, Pennsylvania, is at times impeded because of careless parking of vehicles; and
WHEREAS, a dangerous condition exists at times on the streets and roadways of said Township, due to the careless operation of vehicles and to the parking of vehicles for long periods of time.
BE IT ENACTED AND ORDAINED
by the Supervisors of Millcreek Township,
SECTION 1. That the first sentence of Section 2 of Ordinance No. 26 is hereby deleted and in lieu thereof the following inserted and enacted, to-wit:
“It shall be unlawful for any person to park, leave standing or drive a vehicle in or upon any street that has been barricaded for the purpose of repair or resurfacing.”
SECTION 2. That Section 4 of Ordinance No. 26 is hereby deleted and in lieu thereof the following inserted and enacted, to-wit:
“It shall be unlawful for any person to park or leave standing any vehicle in or upon any street or highway in the Township of Millcreek within 9 feet of the center of the street or highway or within 6 feet of any public or private driveway, or opposite any public or private driveway or other vehicle, that does not leave an unobstructed width of highway opposite the vehicle or driveway for the free passage of other vehicles including such vehicles as ambulances or fire equipment.”
SECTION 3. That Section 8 of Ordinance No. 26 is hereby deleted and in lieu thereof the following inserted and enacted, to-wit:
“Whenever any police officer finds a vehicle in violation of any of the provisions of Millcreek Township Ordinance No. 26, Section 2 or Section 3 (relating to stopping, standing, parking or driving a vehicle in or about any street that has been barricaded for the purpose of repair or resurfacing or stopping, standing, parking) (or relating to parking or leaving standing any vehicle upon any street or highway of the Township of Millcreek in such a way or at such a time, that it will prevent or interfere with the removal of plowing of snow), the officer may move the vehicle, or cause the vehicle to be moved or towed or require the driver or owner or other person in charge of the vehicle, to position the vehicle off the roadway where the vehicle will not interfere unduly with the repair, resurfacing or snow removal operations, at the expense of the vehicle owner.”
SECTION 4. If
any section, subsection, sentence, or clause, phrase or portion of its
application to any person or circumstances is for any reason held invalid or
unconstitutional by any court, such holdings shall not be construed to affect
the validity of any of the remaining provisions or application thereof by this
ordinance for such portion shall be deemed a separate, distinct and independent
provision from the remaining provisions.
It is hereby declared that the legislative intent that this ordinance
would have been adopted had such invalid or unconstitutional provisions of its
application not been included herein.
SECTION 5. All
ordinances or parts or any ordinance inconsistent herewith are hereby repealed.
BE IT ENACTED this 12th day of October, 1981.
Dorothy M. Young (signed) /
Secretary