The Following Is the Proposed Ordinance

LEGAL NOTICE

NOTICE is hereby given that the Board of Supervisors of Hanover Township, Northampton County, Pennsylvania, will consider for adoption at a Public Meeting to be held at 7:00 p.m. on the 10th day of May, 2016, at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, an Ordinance amending the Code of Ordinances of the Township of Hanover, Northampton County, by amending certain portions of chapter 172, Vehicles and Traffic, Article I Uniform Traffic Regulations. Copies of the proposed Ordinance are available for review at the Hanover Township Municipal Building located at 3630 Jacksonville Road, Bethlehem, Pennsylvania during normal business hours.

The following is the proposed Ordinance:

ORDINANCE NO. ______

AN ORDINANCE OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANIA AMENDING THE CODE OF ORDINANCES OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, BY AMENDING CERTAIN PORTIONS OF CHAPTER 172 VEHICLES AND TRAFFIC, ARTICLE I UNIFORM TRAFFIC REGULATIONS, AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH

WHEREAS, the Second Class Township Code, and the Pennsylvania Motor Vehicle Code grants to the Township of Hanover, Northampton County, Pennsylvania (“Township”) certain powers with respect to the regulation of traffic, parking and vehicles within the Township; and

WHERES, the Board of Supervisors of the Township have adopted certain regulations with respect to Vehicles and Traffic contained in Chapter 172 of the Code of Ordinances of the Township which the Board of Supervisors of the Township now desire to amend in accordance with the foregoing.

NOW, THEREFORE, be it enacted and ordained by the Board of Supervisors of the Township and the same is hereby ordained and enacted as follows, to wit:

SECTION 1. The Code of Ordinances of the Township, Chapter 172, Vehicles and Traffic, Article 1 Uniform Traffic Regulations, shall be amended as follows:

A.Article I, Uniform Traffic Regulations, shall be amended by adding a new subparagraph 172-11 to read as follows:

“172-11 Truck Traffic Prohibited. Except for local deliveries, no truck shall be permitted on highways that have been designated and properly posted as “No Truck Traffic” zones. The Township shall designate such zones by Ordinance.”

B.Article 1, Uniform Traffic Regulations, shall be amended by adding a new subsection 172-11A to read as follows:

“172-11A Use of Brake Retarders. No person shall operate and no owner shall permit the use of brake retarders on any motor vehicle on any highway which prohibits such use.”

C.Article 1, Uniform Traffic Regulations, shall be amended by adding a new subsection 172-13(4) to read as follows:

“4. For purposes of human habitation or overnight accommodations.”

D.Article 1, Uniform Traffic Regulations, Section 172-15 Handicapped persons and disabled veterans, subsection C. (2) is hereby amended in its entirety to read as follows:

“C. (2). Removal of Vehicle. Any vehicle which is unlawfully parked in designated handicapped parking areas may be removed from the areas by towing and may be reclaimed by the vehicle owner upon payment of towing and storage costs.”

E.Article 1, Uniform Traffic Regulations, Section 172-19 Parking and storage of construction equipment or commercial vehicles prohibited, is hereby amended in its entirety to read as follows:

“172-19 Parking, Storage of Construction Equipment, Trailers or Vehicles Prohibited.

No construction equipment, dumpster, tractor trailer, any trailer combination, utility trailer, travel trailer, boat trailer, limousine or other commercial vehicle shall be parked, placed or stored on any highway or right-of-way without the express, written permission of the Township. If storage is permitted, PennDOT approved lighted and reflective barricades must surround the equipment during hours of darkness on the traveled portion of the highway. This section shall not restrict vehicles from standing while in the course of performing a service, making deliveries or pick-ups.”

F.Article 1, Uniform Traffic Regulations, Section 172-25 Removal of vehicle at direction of police officer is hereby amended in its entirety to read as follows:

“172.25 Removal of Vehicle at Direction of Police Officer.

A. Unattended Vehicle Obstructing Traffic: Any police officer of the CRPD or Township Code Enforcement Officer may remove or cause to be removed to a place of safety any unattended vehicle left standing upon any highway, bridge, causeway, or in any tunnel in such position or under such circumstances as to interfere unduly with the normal movement of traffic or constitute a safety hazard.

B. Removal to Garage or Place of Safety: Any police officer of the CRPD or Township Code Enforcement Officer may remove or cause to be removed to the place of business of the operator of a wrecker or to a nearby garage or other place of safety any vehicle found upon a highway under any of the following circumstances:

1.Report has been made the vehicle has been stolen or taken without the owner’s consent.

2.The person or persons in charge of the vehicle are physically unable to provide for the removal of the vehicle.

3.The person driving or in control of the vehicle is arrested for an alleged offense and is taken into immediate police custody.

4.The vehicle is in violation of any section of this chapter.

5.The vehicle had been abandoned.

C.Notice Prior to Removal: When practical prior to the removal of any vehicle bearing a registration plate, certificate of inspection, or vehicle identification number plate by which the last registered owner can be determined, the police shall attempt to notify the owner of the impending removal.

D.Cost of Removal of Vehicle: The cost of the removal of the vehicle at the direction of the police officer shall be paid by the owner of the vehicle prior to the release of the vehicle from the storage facility.”

G.Article 1, Uniform Traffic Regulations, Section 172-26 Snow and Ice Emergency is hereby amended in its entirety to read as follows:

“172-26 Snow and Ice Emergency. In order to facilitate the movement of traffic and to combat the hazards of snow and ice on the snow emergency routes as designated by the Township, the Township, in its discretion, may declare a snow and ice emergency (designated as a snow emergency). Information to the existence of a snow emergency shall be given by the Township through radio, internet, newspaper or other available media, and information on the termination of the emergency may be given by use of the same media. A declaration shall be effective immediately and shall not be dependent on the advertisement through media.”

H.Article I, Uniform Traffic Regulations, Section 172-31. Violations and Penalties is hereby amended in its entirety to read as follows:

“172-31. Violations and penalties.

A.Violation of all sections in this Article except §§172-7, 172-22A, 172-15C, 172-19, 172-27 and 172-29. The owner of any vehicle found in violation of any sections of this article shall pay a fine of $20 for each violation, if payment is received by the CRPD or the Code Enforcement Officer within five days of the date of the violation, unless a fine in a different amount is specifically set forth herein. If payment is received after five days but within 10 days of the date of the violation, the fine shall be $40 for each violation. If payment is not received within the ten-day period, the CRPD or Code Enforcement Officer shall file a citation with the District Judge and, upon conviction, the violator shall pay a fine of $100 plus costs of prosecution.

B.Violation of Section 172-7. Any person who violates any of the provisions of Section 172-7 (Use of Highway by Processions or Assemblages), upon conviction thereof before a District Judge, shall be fined a sum not to exceed $1,000.00 for each offense, together with the costs of prosecution, and in default of payment thereof, shall be committed to the Northampton County Prison for a period of not more than ninety (90) days. Each day or portion thereof during which such violation shall continue shall be deemed a separate offense and punishable as such.

C.Violation of §172-22A. The owner of any vehicle found in violation of §172-22A (permit parking) shall pay a fine of $25 for each violation, if payment is received by the CRPD or the Code Enforcement Officer within five days of the date of the violation, unless a fine in a different amount is specifically set forth herein. If payment is received after five days but within 10 days of the date of the violation, the fine shall be $35 for each violation. If payment is not received within the ten-day period, the CRPD or Code Enforcement Officer shall file a citation with the District Judge and, upon conviction, the violator shall pay a fine of $50 plus costs of prosecution.

D.Violation of §§172-15C, 172-27 and 172-29. The owner of any vehicle found in violation of §§172-15C (parking in a handicap zone), 172-27 (vehicle restrictions on snow emergency routes) and 172-29 (unattended vehicles) shall pay a fine of $75 for each violation, if payment is received by the CRPD or the Code Enforcement Officer within five days of the date of the violation, unless a fine in a different amount is specifically set forth herein. If payment is received after five days but within 10 days of the date of the violation, the fine shall be $100 for each violation. If payment is not received within the ten-day period, the CRPD or Code Enforcement Officer shall file a citation with the District Judge and, upon conviction, the violator shall pay a fine of $200 plus costs of prosecution.

E.Violation of §172-19. The owner of any vehicle found in violation of §17-19 (Parking or storage of construction equipment or commercial vehicles prohibited) shall pay a fine of $50 for each violation, If payment is received by the CRPD or the Code Enforcement Officer within five days of the date of the violation, unless a fine in a different amount is specifically set forth herein. If payment is received after five days but within 10 days of the date of the violation, the fine shall be $100 for each violation. If payment is not received within the ten-day period, the CRPD or Code Enforcement Officer shall file a citation with the District Judge and, upon conviction, the violator shall pay a fine of $200 plus costs of prosecution.

F.Violation of §172-37C. the owner of any vehicle found in violation of §172-37C (use of brake retarders) shall pay a fine of $100 for each violation, if payment is received by the CRPD or the Code Enforcement Officer within five days of the date of the violation, unless a fine in a different amount is specifically set forth herein. If payment is received after five days but within 10 days of the date of the violation, the fine shall be $125 for each violation. If payment is not received within the ten-day period, the CRPD or Code Enforcement Officer shall file a citation with the District Judge and, upon conviction, the violator shall pay a fine of $250 plus costs of prosecution.

G.Location of payment. If the notice of violation is issued by the CRPD, payment may be placed in the notice of violation collection boxes located at the Colonial Regional Police Department, Lower Nazareth Township and Hanover Township municipal buildings. If the notice of violation is issued by the Code Enforcement Officer, payment may be placed in the notice of violation collection box in the Hanover Township municipal building.

H.Dissemination of fines. Fines collection by the CRPD shall be disseminated to the municipality in which the violation occurred.”

SECTION 2. SEVERABILITY. The provisions of this Ordinance are

severable, and if a court of competent jurisdiction declares any provision of this Ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Ordinance shall continue to be separately and fully effective.

SECTION 3. REPEALER CLAUSE. All Ordinances or parts of Ordinances or Resolutions conflicting with the provisions of this Ordinance are hereby repealed to the extent of such conflict.

SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective five (5) days after adoption.

James L. Broughal, Esquire

TOWNSHIP SOLICITOR

38 West Market Street

Bethlehem, Pennsylvania 18018