Upon motion by _______________________, seconded by _________________________, the following Ordinance was duly enacted, _____ voting in favor of enactment, _____ voting against enactment.
ORDINANCE
99-11
An Ordinance of the Township of
Millcreek, Erie County, Pennsylvania prohibiting the parking or standing of
vehicles along the right of way of the east side of Yoder Drive from the north
travel edge of West 26th Street northwardly
a distance of 125 feet and along the right of way of the west side of Thomas
Road from a point 0.3 mile south of its intersection with Sterrettania Road
south to the southern boundary of the lands owned by Millcreek School District;
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 east side of Yoder Drive from the north travel edge of West 26th Street northwardly a distance of 125 feet and, from May 1 until September 1, along the west side of Thomas Road from a point 0.3 mile south of its intersection with Sterrettania Road southerly to the southern boundary of lands of Millcreek School District 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 or streets, deems it necessary for the safety of public travel on said streets 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 the east line of
SECTION 2. No person shall at any time between May 1 and
September 1 of each calendar year, park or leave standing any vehicle along the
right of way of the west line of
SECTION 3. Official signs shall be erected and maintained on the east line of Yoder Drive between the north travel way edge of West 26th Street and a point 125 northward, and on the west line of Thomas Road from a point 0.3 mile south of Sterrettania Road southwardly to the boundary of lands of Millcreek School District 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 as set forth in this Ordinance
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 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 of its application not been included herein.
SECTION 6. All Ordinances or parts of any Ordinances inconsistent herewith are hereby repealed.
BE IT ENACTED this 8th day of June, 1999.
_______________________________________
Suzanne R. Weber, Secretary
ADULTZN12/5/MLK