[Adopted 4-5-2017 by Ord.
No. 2017-219]
[Amended 5-6-2020 by Ord.
No. 2017-219-1; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Fines for parking violations fall into four categories:
Type of Violation
|
Fine
|
---|
General parking
|
$25
|
Fire lane
|
$25
|
Winter parking
|
$50
|
Handicap parking
|
$100
|
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Section
1-33 shall not be deemed to modify, amend or repeal Township ordinances or existing law which provide for criminal proceedings for violation of a proper directive in emergency situations.
The Pennsylvania State Police and, in certain instances, the
Lawrence Park Township Police, or other police department duly empowered
by resolution of the Board of Supervisors, and various designated
Township employees, including, but not limited to, winter snow plow
drivers, are authorized and directed to investigate alleged violations
and enforce Harborcreek Township parking ordinances as follows:
A. The police shall be responsible for investigation of alleged violations
and all proceedings related to enforcement of all Township parking
ordinances fire lane and handicapped parking area violations;
B. The police shall have authority to investigate or assist Township
Code enforcement and other authorized Township personnel in the investigation
and prosecution of proceedings to enforce Township parking ordinances
where officers witness apparent violations, in circumstances where
the public health, safety and welfare calls for prompt investigation
and remedial action, in emergency situations and upon request of the
Board of Supervisors, or other Code enforcement personnel, to enforce
directives authorized by ordinance and/or in emergency situations;
C. The police shall not arrest or engage in warrantless searches in
situations which involve solely violation of a parking ordinance giving
rise to a summary criminal enforcement proceeding, but may exercise
such powers where existing law or public health and safety would permit
such action;
D. Nothing in this section is intended to limit or modify the proper authority of the police except as specifically stated in Subsection
C.
The Board of Supervisors shall by resolution designate those
officers and employees of the Township who shall have authority to
investigate alleged violations, determine whether a violation has
occurred and institute proceedings for enforcement of Township parking
ordinances, such persons being referred to in this article as "Code
enforcement personnel" or "authorized Township personnel". All prior
designations of and grant of authority to Code enforcement personnel
under Township ordinances or resolutions of the Board of Supervisors
are hereby preserved and shall remain in full effect except as may
be modified in the future. Provisions of this article establishing
duties and powers of "Code enforcement personnel" shall extend as
well to the Pennsylvania State Police as to its assigned responsibilities
in enforcement of Township ordinances, except to the extent that Pennsylvania
law provides otherwise.
This article shall not be construed so as to amend ordinances of Harborcreek Township enacted prior to this date except for the limited reasons set forth in Section
1-33, above. All such previously enacted ordinances shall otherwise remain in effect, and all such ordinances state policies and define standards of conduct and violations which shall be and remain in full legal effect. All of said ordinances shall further be deemed amended and modified to incorporate therein the provisions of this article which prescribe fines for violation and establish a procedure for summary criminal enforcement of Township ordinances.
All Code enforcement and authorized Township personnel designated
by the Board of Supervisors and the authorized police agencies in
their proper jurisdiction are hereby authorized and directed to investigate
all instances and allegations of violation of Township ordinances,
to determine whether a violation of a Township ordinance has occurred
and to conduct and institute those administrative and summary criminal
proceedings for enforcement of ordinances and collection of fines,
costs and fees which are set forth in this article.
The Code enforcement personnel, authorized Township personnel,
or authorized representatives of the designated police agencies shall
determine in each instance whether a violation of a Harborcreek Township
parking ordinance has occurred. Upon determining that a violation
has occurred, the officer shall impose upon the violator that penalty
prescribed in the ordinance or, as to the previously enacted ordinances
subject to this article, as prescribed in the amendment of said ordinance
effected by this article. All provisions in Township ordinances for
continuing violations and for imposition of a fine or penalty for
each day a violation occurs shall be and remain in full effect.
Upon a determination that a violation of a Township parking
ordinance has occurred and the fine to be imposed for such violation,
the officer shall serve upon the person(s) or entities determined
to have violated a Township ordinance written notice of violation,
or ticket, specifying the nature of the violation, the ordinance and
section violated; state in summary fashion the officer's findings
of violation; identify the person(s) or entity(ies) or vehicle(s)
found to have committed the violation, state the fine prescribed for
the violation; identify the officer and specify the manner in which
such fine may be paid promptly by the violator(s) to avoid additional
penalties, costs, attorneys' fees and other charges.
A. Where authorized by applicable law, ordinance or resolution, the
authorized police agency and its officers shall serve notice of violation
by affixing such notice upon a vehicle at the time the violation is
determined to have occurred.
B. In all other cases, written notice of violation shall be mailed to
the person(s) or entity(ies) found to have violated the ordinance
at such address as shall be determined from Township, property or
other public records. Such written notice shall be sent to the violator(s)
via first-class mail where the fine for violation is less than $100
and via certified mail, return receipt requested, where the fine for
violation is $100 or more.
C. Where certified mail service is required and such notice is refused
or unclaimed or the return receipt is not received, then at least
10 days prior to commencing a civil enforcement proceeding in any
court, the officer shall mail to the violator(s) the notice by first-class
mail.
D. Refusal or failure to claim or accept a written enforcement notice
served by the officer via certified mail or first-class mail shall
not excuse the recipient's failure to pay the prescribed fine within
the time established in the enforcement notice, in which event all
additional fines, costs or other charges due as a consequence of failure
to pay promptly shall be due.
E. All summary criminal violation notices shall state that Harborcreek
Township shall bring an action for enforcement of its ordinance(s)
in the event payment of the fine is not made within the time prescribed
and that, in the event the fine prescribed during administrative enforcement
processes is not paid by the stated deadline, the Township shall seek
and be entitled to judgment in the proceedings for the higher prescribed
fine, all court and notice costs and all attorneys' fees incurred
in the proceedings.
F. In the event the fine prescribed in the enforcement notice is not
paid by the deadline therein established, the officer shall commence
an action to enforce such ordinance in the court having appropriate
jurisdiction by filing a summary criminal complaint and advancing
payment of the court costs required by such court. Such advancements
for court costs shall be withdrawn from a dedicated account created
by the Board of Supervisors for that purpose, and all sums later received
as reimbursement therefor shall be deposited into said account.
G. In all enforcement proceedings commenced by and on behalf of the
Township, the Township shall seek, in the complaint and all proceedings
thereon, the fine for violation prescribed therein or in other applicable
ordinances by virtue of the violation and the failure to pay any lesser
fine promptly, plus all court costs and attorneys' fees incurred by
the Township in all proceedings upon the violation and enforcement
action. Such complaint(s) shall name as the party defendant all persons
or entities determined to have committed a violation, and shall seek
judgment against multiple defendants, as applicable, both jointly
and severally. Where the ordinance alleged to have been violated provides
for continuing violations and fines to be assessed therefor, the Township
in such enforcement proceeding shall seek judgment for said continuing
violations and fines therefor.
H. If the party(ies) defendant indicate an intention to be represented
in such action by legal counsel or the officer otherwise believes
that the best interest of Harborcreek Township are served by representation
of the Township in the proceeding by legal counsel, the officer shall
consult with the Township Solicitor. The Township Solicitor shall
be responsible for assigning counsel in the matter, such attorney
to be the Solicitor or such other counsel as the Board of Supervisors
may approve.
I. Any person who violates or permits a violation of a Township parking ordinance shall, upon being found liable therefor in such civil enforcement proceeding, pay the fine prescribed by the Board of Supervisors, plus all court costs, including reasonable attorneys' fees, incurred by the Township in such proceeding. Provision for establishment of reasonable attorneys' fees in such matters has been made through Chapter
294, Municipal Claims and Liens, as may in the future be amended. Fees as established pursuant to such chapter shall be prima facie evidence of reasonable fees, and shall be due as to all proceedings upon enforcement, including appeals taken by defendants.
J. Upon summary conviction before a Magisterial District Judge, after
having been issued a ticket/citation and having failed to pay it within
the specified time period, a violator shall be sentenced to pay a
fine of not less than $50 nor more than $300. There shall be no imprisonment
for any violation or for the chronic violation of any parking ordinances
identified herein.
K. The Township, from time to time, shall approve the form and content
of the citations/tickets to be used uniformly throughout the Township
by whatever authorized personnel are engaged in the enforcement of
the provisions of this article.
L. The Township reserves the right to tow any vehicle parked in violation
of the provisions of this article, or ordinances cited herein, in
the event the placement of the vehicle poses an obstruction to the
safe usage, plowing, maintenance, repair, or remediation of the roadway,
and the vehicle shall be impounded by, or at the direction of the
Township, requiring the violator to pay costs of towing and impoundment
thereafter in order to recover his/her vehicle.
All fines, costs and fees due as a consequence of violation
of a Township parking ordinance shall be paid over to Harborcreek
Township, or to its designated agent, which may be the Lawrence Park
Township Police Department or Lawrence Park Township (hereafter "LP"),
which has entered into an intergovernmental agreement with Harborcreek
Township to provide certain police services. Those funds, fines and
penalties collected by LP shall be forwarded to Harborcreek Township,
and, except for reimbursement of advanced court costs from dedicated
funds, shall then be deposited into the general fund of Harborcreek
Township.
The Board of Supervisors hereby prescribes the following as
fines for violation of Harborcreek Township parking ordinances, the
same, respectively, being those to be fixed by the investigating officer
for purposes of administrative enforcement and those established for
failure to pay a lesser fine by the deadline set for administrative
enforcement:
Ordinance Subject Matter
|
Ord. No.
|
Admin. Fine
|
---|
Fire Lane
|
72-58-3
|
$25
|
Handicapped
|
82-91-2
|
$50
|
Winter Parking
|
39-1966, 39-1966-1
|
$100
|
Other
|
|
$25
|
As used in §
1-42, the following definitions shall apply. "Administrative fine" shall be that fine for violation to be imposed by Code enforcement personnel, authorized Township personnel, or police officer and due in administrative enforcement proceedings as established in §
1-40 of this article.
This article shall not be deemed to amend or modify provisions
of Township ordinances which provided for enforcement remedies remedial
in nature prior to imposition of fines, Code enforcement personnel
to pursue established remedial measures intended to effectuate compliance
in appropriate circumstances otherwise authorized by ordinance.
All Township ordinances previously enacted which prohibit or
regulate the parking or standing of vehicles on Township streets or
portions thereof are hereby amended so as to provide that the fine
for violation thereof shall at the amounts set forth herein. Provisions
in said ordinances for discretion in the amount of the fine are hereby
repealed.
In accordance with Township ordinances previously enacted, interest
on judgments entered in enforcement proceedings for fines, costs and
attorneys' fees shall accrue at the rate of 10% per year from the
date of said judgment until payment thereof is received in full, unless
such judgment is paid in full within 30 days after entry of the judgment.
All judgments entered in favor of Harborcreek Township in proceedings
for enforcement of Township parking ordinances shall, to the extent
permitted by law, constitute municipal claims and liens upon the real
property subject to a violation and the owner(s) thereof, and shall
be collected in accordance with general municipal law governing collection
of municipal claims and/or applicable rules of civil procedure. All
attorneys' fees incurred by Harborcreek Township in such collection
proceedings shall, as established pursuant to applicable ordinances,
be added to the judgment and collected in said proceedings in accordance
with applicable law.
If any section, subsection, sentence, clause, phrase or portion
this article or its application to any person, property or circumstances
is for any reason held invalid or unconstitutional by any court, such
holding shall not be construed to affect the validity of any of the
remaining provisions of this article or its application, for such
portion shall be deemed separate, distinct and independent provision
from the remaining provisions which shall be and remain in full force
and effect. It is hereby declared the legislative intent that this
article would have been adopted has such valid or unconstitutional
provision of its application not been included herein.
All ordinances or parts of any ordinances inconsistent herewith
are hereby repealed. Specifically, Ordinance No. 91-145, regulating
parking at Shade's Beach Park, is hereby rescinded inasmuch as rules
governing parking in public parks are promulgated in Ordinance No.
79-79. Also, Ordinance No. 81-87 is hereby rescinded upon consideration
by the Board of Supervisors of changed conditions since the initial
passage of that ordinance.
This article shall be effective on and after April 5, 2017.