Pennsylvania § 5511 - Street closings and detours.

§ 5511. Street closings and detours.

(a) General rule.--The following shall apply to the closing of a street to vehicular traffic:

(1) No street shall be closed to vehicular traffic, except upon order of the board of commissioners or, in cases of emergency when immediate action is necessary to protect public safety, by order of the police, an authorized fire official or other authorized public employee.

(2) A street may not remain closed for a longer period than is necessary for the purpose for which the order to close was issued.

(3) Except in cases of emergency when immediate action is necessary to protect public safety, no street shall be closed to vehicular traffic when the street has been designated as a detour by the Department of Transportation, unless the Secretary of Transportation has provided written consent or the board of commissioners has, by resolution duly recorded on the minutes, declared the closing necessary for the safety of the public.

(4) When a street which forms a part or section of a State highway or has been designated as a detour by the Department of Transportation is closed to vehicular traffic, the township shall at once notify the Department of Transportation of the creation of a detour under this section. The Department of Transportation shall be notified immediately after the detour is removed.

(5) When a street is to be closed, it shall be the duty of the board of commissioners or official authorizing the closing to immediately designate or lay out a detour.

(6) While the detour is in use, legible signs shall be erected and maintained at reasonable intervals indicating the proper direction and the detour shall be maintained in a safe and passable condition, except in the case of State or county highways.

(7) When the street that had been closed is opened for traffic, all detour signs shall be removed.

(8) Except in the case of State or county highways, the board of commissioners shall, as soon as possible, repair the street designated as a detour and place the street in a condition at least equal to the street's condition when designated as a detour.

(b) Use of private lands.--

(1) The board of commissioners may enter into an agreement with the owners of private lands, covering the acquisition of right-of-way privileges for a detour over private property for the period when the street shall be closed to traffic.

(2) If the parties cannot reach an agreement, the township may proceed with the construction of the detour with the owner of the property taken for the detour entitled to seek damages, if any, in the same manner as damages are now ascertained for the opening of streets in the township.

(c) Payment by board of commissioners.--In the exercise of the rights conferred by this section relating to detours, the board of commissioners is empowered to pay for the necessary maintenance, subsequent repair and land rental out of the money available for the construction and maintenance of township streets.

(d) Violation.--A person who willfully removes, defaces, destroys or disregards a barricade, light, danger sign, detour sign or warning of any other type legally erected or placed or who drives on, over or across a street which has been closed by proper authority commits a summary offense punishable upon conviction in accordance with section 7711 (relating to fines and penalties).

(e) Exception.--A person who has no outlet due to the closing of a street may drive on, over or across the street, subject to reasonable conditions as may be prescribed by the township, without being subject to the penalties imposed by this section.

(f) Damages.--In addition to the penalties provided in subsection (d), the township or the township's agents or contractors may, in an action at law, recover damages, including costs of labor, materials and prosecution from a person who damages a street when the street is closed to vehicular traffic.

(g) Money collected.--All money collected under the provisions of this section shall be paid over to the township treasurer.

(h) Excessive or unusual conditions.--The board of commissioners may temporarily close a street when the board of commissioners determines that excessive or unusual conditions have rendered the street unfit or unsafe for travel, and immediate repair, because of the time of year or other conditions, is impracticable. The street or portion of the street closed shall be properly marked at the street's extremities and a means of passage for the customary users of the street shall, whenever possible, be provided.