Township of Harborcreek, PA Enforcement of Parking Regulations

[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

§ 1-34 Ordinances saved from effect.

[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.

§ 1-35 Authorization of police.

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:

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;

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;

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;

Nothing in this section is intended to limit or modify the proper authority of the police except as specifically stated in Subsection C.

§ 1-36 Designation of Code enforcement authority.

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.

§ 1-37 Prior ordinances in effect.

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.

§ 1-38 Authorization of investigation.

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.

§ 1-39 Determination of violation.

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.

§ 1-40 Notice of violation; notification; collection proceedings.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 1-41 Fines payable to Township.

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.

§ 1-42 Schedule of fines.

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

§ 1-43 Definitions.

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.

§ 1-44 Remedial enforcement.

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.

§ 1-45 Parking and standing fines.

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.

§ 1-46 Interest on fines, costs, and fees.

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.

§ 1-47 Municipal claims and liens.

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.

§ 1-48 Severability.

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.

§ 1-49 Repealer.

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.

§ 1-50 Effective date.

This article shall be effective on and after April 5, 2017.