Commonwealth ex rel. Bonczek v. Wagner
Commonwealth ex rel. Bonczek v. Wagner
Opinion of the Court
Opinion by
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
[OJfficial 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. §6109(c).
The statute requires notice-giving traffic-control devices to be erected on highways
(c) Interval. The signs shall be placed at the beginning of and at reasonable intervals throughout the restriction, which shall be at intervals not exceeding 200 feet for signs which are only 12 inches wide.
Affirmed.
Order
The order of the Court of Common Pleas of Allegheny County, No. S.A. 644 of 1980, dated September 25, 1980, is hereby affirmed.
75 Pa. C. S. §6109(a)(1).
75 Pa. C. S. §102 defines “highway” as
the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel....
67 Pa. Code §211.41.
67 Pa. Code §211.7 makes applicable Department of Transportation Regulations to local authorities:
All signs, signals, and markings erected by local authorities to give notice of legal parking and other local ordinances, rules, and regulations shall conform with the requirements set forth in the provisions of this chapter.
67 Pa. Code §211.232.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.