Pennsylvania Act 1961-151 — PROVIDING FOR THE ERECTION OF STATE HIGHWAY ROADSIDE RESTS

Act text

PROVIDING FOR THE ERECTION OF STATE HIGHWAY ROADSIDE RESTS
                  Act of Jun. 7, 1961, P.L. 257, No. 151              Cl. 36
                                  AN ACT

     Providing for the construction, erection and maintenance of
        roadside rests adjacent to State highway routes; providing
        for the acquisition of interests in land by gift, purchase or
        condemnation; granting powers to and imposing duties upon the
        Department of Transportation, the Secretary of
        Transportation, the Governor and the Department of General
        Services; authorizing rules and regulations and providing
        penalties for violations thereof, and making an
        appropriation. (Title amended Oct. 24, 1985, P.L.262, No.65)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Department of Transportation is hereby
     authorized and empowered to construct, erect and maintain
     roadside rests adjacent to State highway routes for the health,
     safety, welfare and accommodation of the traveling public.
        (1 amended Oct. 24, 1985, P.L.262, No.65)
        Section 2.  The number, location and size of such roadside
     rests shall be determined by the Secretary of Transportation
     with the approval of the Governor.
        (2 amended Oct. 24, 1985, P.L.262, No.65)
        Section 3.  The department shall have the right and the power
     to acquire by gift, purchase or condemnation such property in
     fee simple absolute or such lesser estate or interest as the
     Secretary of Transportation determines is necessary for the
     construction, erection, maintenance and protection from
     encroachment of such roadside rests. The power of eminent
     domain, for the purpose of condemnation of such property in fee
     simple absolute or such lesser estate or interest as the
     Secretary of Transportation determines is necessary, shall be
     exercised in the same manner as is now or may hereafter be
     provided by law for the condemnation of property in changing
     widths, lines and locations of State highways. When and if such
     property is acquired, it shall become part of the highway route
     on which it is located or to which it is adjacent.
        (3 amended Oct. 24, 1985, P.L.262, No.65)
        Section 4.  The construction and erection of such roadside
     rests may be done either by contract or by employes of the
     Department of Transportation within the discretion of the
     Secretary of Transportation. Contracts for the construction and
     erection of such roadside rests shall be entered into in the
     manner as is now or may hereafter be provided by law for the
     construction of State highway routes.
        (4 amended Oct. 24, 1985, P.L.262, No.65)
        Section 5.  The Department of Transportation shall have the
     right and power to acquire either fiscal, material or labor,
     gifts or donations from local groups, commercial or
     institutional, towards construction and construction costs of
     the roadside rests authorized by this act, and towards
     additional features.
        (5 amended Oct. 24, 1985, P.L.262, No.65)
        Section 6.  Any equipment and facilities which may be
     determined to be necessary for such roadside rests by the
     Secretary of Transportation shall be purchased through the
     Department of General Services as purchasing agent in the manner
     provided by law.
        (6 amended Oct. 24, 1985, P.L.262, No.65)
        Section 7.  The cost of the planning, acquisition,
     construction, erection and maintenance of such roadside rests
     shall be paid out of moneys in the Motor License Fund, and such
     moneys as may be necessary for this purpose are hereby
     specifically appropriated to the Department of Transportation.
        (7 amended Oct. 24, 1985, P.L.262, No.65)
        Section 8.  The Secretary of Transportation shall have
     authority to adopt and promulgate rules and regulations
     governing the use of such roadside rests by the public. The
     Secretary of Transportation shall have authority to permit the
     installation of pay telephones within the roadside rest areas.
     All persons using such roadside rests shall be subject to such
     rules and regulations. Any person violating any of the rules and
     regulations posted on or in any such roadside rest shall be
     guilty of a summary offense and, upon conviction thereof, shall
     pay a fine of not less than five dollars ($5) nor more than two
     hundred fifty dollars ($250) and costs of prosecution, together
     with any amount which may be necessary to reimburse the
     Department of Transportation for the expense of repairing any
     damage to such roadside rest or its equipment resulting from
     such violation. Such fines and reimbursement for damages shall
     be paid into the State Treasury and credited to the Motor
     License Fund.
        (8 amended Oct. 12, 1973, P.L.286, No.83)
        Section 9.  (9 repealed Oct. 24, 1985, P.L.262, No.65)
        Section 10.  The act of May 29, 1945 (P.L.1107), entitled "An
     act providing for the construction, erection and maintenance of
     roadside rests adjacent to State highway routes; providing for
     the acquisition of interests in land by gift, purchase or
     condemnation; granting powers to, and imposing duties upon, the
     Department of Highways, the Secretary of Highways, the Governor
     and the Department of Property and Supplies; authorizing rules
     and regulations; and providing penalties for violations thereof;
     and making an appropriation," and its amendments, are repealed.
        The act of July 5, 1957 (P.L.479), entitled "An act providing
     for the construction, erection and maintenance of roadside rests
     adjacent to State highway routes; providing for the acquisition
     of interests in land by gifts, purchase or condemnation;
     granting powers to and imposing duties upon the Department of
     Highways, the Secretary of Highways, the Governor and the
     Department of Property and Supplies; authorizing rules and
     regulations and providing penalties for violations thereof; and
     making an appropriation," is repealed.