ORDINANCE NO. 2006-19

AN ORDINANCE OF THE BOROUGH OF HARVEY CEDARS AMENDING AND SUPPLEMENTING CHAPTER 3 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ESTABLISHING A NEW SECTION 3-6 ENTITLED “OVERSIZED VEHICLES”

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE BOROUGH OF HARVEY CEDARS as follows:

Section 1.         Section 3-6 of the Borough Code of the Borough of Harvey Cedars entitled “Reserved” is hereby amended and supplemented so as to add a new section entitled “Oversized Vehicles”, which shall read as follows:

3-6    OVERSIZED VEHICLES.

3-6.1    Purpose. The Board of Commissioners of the Borough of Harvey Cedars has found and determined that the operation of oversized vehicles on municipal roadways can create public safety problems to other vehicles, property and persons, together with impeding access to emergencies by emergency vehicles including police, fire and first aid.

3-6.2    Approval for Oversized Vehicles. Before anyone can operate an oversized vehicle on municipal roads, that individual or company must receive prior approval from the Chief of Police or his designee.

The Chief of Police or his designee may deny permission in his discretion, until he deems it safe to operate said oversized vehicle.

3-6.3    Penalty.  Failure to obtain said approval shall subject the violator to the penalties set forth in Section 3-9.1.

Section 2.         All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Section 3.         If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

Section 4.         This Ordinance shall take effect upon final adoption after publication in accordance with law.

 EFFECTIVE DATE: November 23, 2006