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COMMONWEALTH EX REL. PTLM. BONCZEK v. WALTER J. WAGNER OR VALLEY BUICK (09/10/82)

decided: September 10, 1982.

COMMONWEALTH EX REL. PTLM. BONCZEK, APPELLANT
v.
WALTER J. WAGNER OR VALLEY BUICK, INC., APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth ex rel. Ptlm. Bonczek v. Walter J. Wagner or Valley Buick, Inc., No. SA 644 of 1980.

COUNSEL

Victor R. Delle Donne, with him David F. Toal, Baskin and Sears, for appellant.

Walter J. Wagner, appellee, for himself.

President Judge Crumlish and Judges Williams, Jr. and Doyle, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 69 Pa. Commw. Page 15]

The Commonwealth appeals an Allegheny County Common Pleas order which denied enforcement of a municipal parking ordinance. We affirm.

Bethel Park Ordinance No. 12-10-79A prohibits the parking of any type of vehicle on any street or highway within the municipality from 2:00 a.m. to 6:00 a.m. Notification of this ordinance was published in the local papers when it initially went into effect, and signs announcing the prohibition are posted at the point of entry on the main highways leading into the municipality.

Wagner, who admits having parked his vehicle on a street during the proscribed hours, was convicted by the District Justice for three violations of the ordinance. The lower court held that the municipality failed to provide adequate notice of the parking restrictions and denied enforcement of the ordinance.

The Pennsylvania Motor Vehicle Code*fn1 provides that parking regulations are a reasonable exercise of a municipality's police power. However, the exercise of this power is conditioned upon the giving of notice of any regulation or ordinance:

[O]fficial traffic-control devices giving notice of the traffic regulations or ordinances are [to be] erected upon or at the entrances to the highway or part thereof affected as may be most appropriate.

75 Pa. C.S. ยง 6109(c).

[ 69 Pa. Commw. Page 16]

The Commonwealth asserts that the publication of the ordinance and the posting of signs at the point of entry on all highways leading into the municipality was "most appropriate" in giving notice. We disagree. While the publication of the ordinance at the time it initially went into effect may have informed those residents living in Bethel Park at the time, of the new parking restrictions, it does ...


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