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Intent to Adopt

PARKING REGULATION ORDINANCE
TOWNSHIP OF WEST MANHEIM, York County, PA
ORDINANCE # 2023-04


AN ORDINANCE OF THE TOWNSHIP OF WEST MANHEIM, YORK
COUNTY, PENNSYLVANIA, ESTABLISHING A PARKING
REGULATION ORDINANCE IN THE TOWNSHIP AND PROVIDING
PENALTIES FOR THE VIOLATIONS THEREOF
BE AND IT IS hereby enacted and ordained by the Board of Supervisors of the
Township of West Manheim, York County, Pennsylvania, as follows:

Section 1. Short Title.
This Ordinance shall be known as the “West Manheim Township Parking Ordinance”.
Section 2. Purpose.
The purpose of this Ordinance is to provide for a mechanism by means of issuance of
tickets rather than citations to permit a citizen who believes he may have been in violation to pay
the ticket rather than cause the issuance of a citation and a hearing before a magisterial district
justice. Payment of a ticket in this manner permits the Township to maintain and enforce its laws
and permits a citizen so accused to resolve the dispute without a court hearing, thereby saving the
citizen and the Township additional expense and effort to resolve the dispute. This Ordinance does
not intend to and does not deprive the citizen the right to dispute the ticket and receive the full
benefit of procedural and substantive due process of law.
Section 3. Definitions and Interpretations.

A) Words and phrases, when used in this Ordinance, except where otherwise
specifically provided, shall have the meanings ascribed to them in the Pennsylvania Vehicle
Code (The Act of June 17, 1976, P.L. 162, No. 8) as amended, except that, in this Ordinance, the
word “street” or “road” may be used interchangeably with the word “highway” and shall have the
same meaning as the word “highway” as described in the Pennsylvania Vehicle Code.

B) In this Ordinance, the singular shall include the plural, the plural shall include the
singular, and masculine shall include the feminine.
C) The registered owner, when identifiable, shall be deemed responsible for the
parking and storage of any vehicle in question in regard to this Ordinance. If and when a registered
owner is not identifiable, the person or persons actually parking or storing the vehicle shall be
identified and made responsible for the terms, conditions, and penalties of this Ordinance.

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Section 4. Adoption of Permanent Parking Regulations.
A) All parking regulations of a permanent nature shall be enacted as Ordinances, as
parts of Ordinances, or as amendments to this Ordinance, as provided by the Second Class
Township Code, as amended from time to time.
B) The provisions of this Ordinance, so far as they are the same as those of
Ordinances in force prior to the adoption of this Ordinance, are intended as a continuation of
such Ordinances and Regulations and not as new enactments. The provisions of this Ordinance
shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution
pending or to be instituted to enforce any right or penalty or to punish any offense under such
Ordinances or Regulations as aforesaid.

Section 5. Temporary and Emergency Regulations.
A) The Township Supervisors, Township Manager, Emergency Personnel or Police
Department shall have the following powers to regulate parking temporarily and in the time of
emergency:

1) In the event of fire, flood, storm, or other emergency to establish
temporary parking regulations; and
2) In the event of emergency public works or public events of limited scope
or duration, to restrict or prohibit parking in designated areas.
B) Such temporary and emergency regulations shall be enacted by the Township
Supervisors, Township Manager, and Police Department by Resolution or in such other manner
as may be permitted by law, including, but not limited to the Second Class Township Code or the
Emergency Management Services Code.
C) Any person who parks a vehicle in violation of any such regulation, or who
moves, removes, destroys, injures, or defaces any sign or marking erected, posted, or made to
give notice of any such regulation shall be guilty of a violation, and upon conviction, shall be
liable for the penalty set forth in the law or elsewhere in this Ordinance for the violation of that
nature. In the event of a violation for which no specific penalty is set forth by law or elsewhere in
the Ordinance, a fine shall be established by resolution of the Board of Supervisors.
Section 6. Vehicles and Parking.
A) The Township Supervisors, Township Manager, and Police Department may from
time-to-time designate places, upon and along the roads of the Township where, for a period of
not more than ninety (90) days, specific parking regulations, prohibitions and restrictions shall be
in force and effect, and shall designate those locations by proper signage and markings. Such
temporary regulations, prohibitions and restrictions shall be effective just as if they had been
specified in this Ordinance.
4865-1118-2195, v. 2
B) No person shall park a vehicle in violation of any such temporary regulation,
prohibition or restriction, and no person shall move, remove, destroy, or deface any sign or
marking erected, posted, or made by authority of this section. Any person who violates any
provision of this section shall, upon conviction, be liable to the penalty set forth in the law or
elsewhere in this Ordinance for a violation of that nature, and in case of a violation for which no
specific penalty is set forth in the law or elsewhere in this Ordinance, a fine shall be established
by resolution of the Board of Supervisors.
Section 7. Traffic on Streets Closed or Restricted for Construction, Maintenance or
Special Events.
A) The Township Manager, Fire Department, Roadmaster or the Police Department
shall have the authority to close any highway to vehicular traffic and to place barriers while
construction or maintenance work is under way, or a special event is being conducted on this
closed portion or a road or street. It shall be unlawful for any person to park a motor vehicle
upon such closed portion of such road or street.
B) The Township Manager, Fire Department, Roadmaster or the Police Department
shall have authority to establish a restricted parking area upon any street where construction or
maintenance work is under way, and to station flaggers at each end of the restricted portion. It
shall be unlawful for any person to park a vehicle upon any such restricted area at any time when
a flagger is displaying a sign directing that vehicle to stop, or is signaling that vehicle, by flag or
other device, not to proceed.

C) Any person who violates any provision of this Ordinance shall be sentenced to
pay a fine as established by resolution of the Board of Supervisors from time to time.

Section 8. Standing or parking on roadway for loading or unloading.
It shall be unlawful for any person to stop, stand or park a vehicle on the roadway side of
any vehicle stopped or parked at the edge or curb of any street, except that standing or parking
for the purpose of loading or unloading persons or property shall be permitted and for no longer
than reasonably necessary for the loading or unloading of the contents of the vehicle, but in no
event longer than 30 minutes.
Section 9. Vehicles to Remain Within Marked Spaces.
Whenever a space is marked off on any road or street for parking of an individual
vehicle, every vehicle parked is such space shall be parked within the lines bounding that space,
and it shall be a violation of this Ordinance for any person to park a vehicle or to allow it to be
parked otherwise.
Section 10. General Regulation Concerning Stopping, Standing, and Parking Vehicles.
A) Except when necessary to avoid conflict with other traffic or to protect the safety
of any person or vehicle or in compliance with law or directions of a Police Officer or official
traffic control device, no person shall:
4865-1118-2195, v. 2
1) Stop, stand, or park a vehicle:
a) on the roadway side of any vehicle stopped or parked at the edge
or curb of the street.
b) on any sidewalk.
c) within any intersection.
d) on any crosswalk.
e) between a safety zone and the adjacent curb within thirty (30) feet
of point on the curb immediately opposite the ends of a safety zone.
f) alongside or opposite any street excavation or construction which
would obstruct traffic.
g) upon any bridge or other elevated structure.
h) on public or private property which is expressly reserved for
handicapped persons or disabled veterans when said property has been
posted in accordance with the regulations of the Pennsylvania Department
of Transportation.
i) leaving the key in an unattended vehicle.
j) at any place where official signs prohibit stopping, standing or
parking.
2) Stop, Stand, or park a vehicle:
a) in front of a public or private driveway.
b) within fifteen (15) feet of a fire hydrant.
c) within twenty (20) feet of a crosswalk at an intersection.
d) within thirty (30) feet of any flashing signal, stop sign, yield sign, or
traffic control signal located at the side of a roadway.
e) within twenty (20) feet of the driveway entrance to any fire station or
when properly posted, on the side of a street opposite the entrance to any
fire station within seventy-five (75) feet of the entrance.
f) on a limited access highway unless authorized by official traffic control
devices.
g) at any place where official signs prohibit standing.
3) Park a vehicle at any place where official signs prohibit parking.
B) No person shall park or leave unattended a vehicle on private property without
the consent of the owner or other person in control or possession of the property except in the
case of emergency or disablement of the Vehicle, in which case the operator shall arrange for the
removal of the vehicle as soon as possible.
C) Every vehicle standing or parked on a roadway/highway shall be positioned as
follows:
4865-1118-2195, v. 2
1) on a two-way roadway/highway the vehicle shall be positioned parallel to
either the curb or the edge of the roadway/highway and in all cases in the direction of
authorized traffic movement. The vehicle shall be parked such that the right-hand wheels
are within twelve (12) inches of the right-hand curb, or in the absence of a curb as close
as practicable to the right-hand shoulder.
2) on a roadway/highway, the vehicle shall be positioned parallel to the curb
or edge of the highway in the direction of authorized traffic movement. The vehicle shall
be parked so that its wheels are within twelve (12) inches of the curb, or in the absence of
a curb, as close as practicable to the shoulder of the road.
D) No commercial vehicles over 26,000 lbs. including, tandem, tractors and tractor
trailers and cargo-moving vehicles shall be parked upon any road or street within West Manheim
Township except as follows:
1) any commercial vehicle may legally park for the purpose of delivering
goods or rendering services during the normal course of business provided that such
vehicle does not impede the flow of vehicular traffic; or
2) Vehicles being used for the purpose of road construction shall be
permitted to park, stand, or stop on any highway or street within the Township when
construction is in progress upon the highway or street; or
3) Commercial vehicles that are parked:
a) Do not impede or hamper the passage of emergency vehicles,
garbage trucks, school buses or other such vehicles or otherwise impede the
normal flow of traffic; and
b) Are not started, warmed-up or otherwise run in place for periods in
excess of fifteen (15) minutes.
E) Recreational vehicles, boats, campers, and trailers. For residential uses in any zone,
recreational vehicles, travel trailers, boats, and trailers are not permitted to be parked on a public
street or highway, including those intended for dedication. The parking of such vehicles must be
in compliance with the Zoning Ordinance regulations.
Section 11. Declaration of emergency; Parking regulations.
A) After any snow emergency is declared, it shall be unlawful, at any time during the
continuance of the emergency:
1) to park a motor vehicle or to allow that vehicle to remain parked anywhere
on any snow emergency route designated in the Snow Emergencies Ordinance; or
2) parking shall be regulated on all Township roads or streets (not designated
snow emergency routes) as follows:
4865-1118-2195, v. 2
a) During the course of the snow emergency, parking shall be
prohibited on the even-numbered side of all streets (i.e., house numbers
are even numbers) until such time as plowing and/or salting of this side is
completed.
b) After 8:00 a.m. on the day following the declaration of a snow
emergency, and until after plowing and/or salting is completed, parking
shall be prohibited on the odd-numbered side of all streets (i.e., house
numbers are odd numbers) until such time as plowing and/or salting is
completed.
Section 12. Enforcement.
A) The provisions of this Ordinance may be enforced by West Manheim Township
Police Officers, Code Enforcement Officers and the Township Manager.
B) Any violation of the provisions of any Ordinance as enumerated in this Ordinance
may be cause for a violation ticket to be issued to the violator or having the vehicle towed.
C) Any notice of violation shall:
1) Be issued in writing.
2) Shall include a brief description of the time, date and location of the
violation alleged.
3) The license number of the vehicle standing or parked in violation of a
provision of this Ordinance.
4) Specify the violation with reference to section or part of the West Manheim
Township Code of Ordinances being violated.
5) State the amount of the fine.
6) Any other facts of which some knowledge is needed for a thorough
understanding of the circumstances attending the violation.

D) A Notice of Violation ticket shall be served upon the violator in one of the
following manners:
1) By handing the notice of violation ticket to the violator.
2) By leaving or affixing the notice of violation ticket to the vehicle in
violation.
3) By mailing the notice of violation ticket to the violator’s address of record
by first class mail with a certificate of mailing.
E) Each 24 hour period after the issuance of the violation ticket during which a
violation continues or is permitted to continue, shall constitute a separate offense for which
a separate fine may be imposed.
F) The vehicle may be towed at owner’s expense at the discretion of the Township
Police Department and Codes Enforcement Officer. From the time of removal of any
4865-1118-2195, v. 2
vehicle under authority granted by this Ordinance, notice of the fact the vehicle was
removed shall be sent to the owner of record of the vehicle if identified. The police shall
document the location from which the vehicle was removed, the reason for its removal, the
towing company who removed the vehicle and the location at which the vehicle is being
stored.
G) If the Township causes a violation to be corrected, the cost thereof shall be charged
to the owner.
H) Restrictions upon removal of vehicles. No vehicle shall be removed under the
authority of this Ordinance if, at the time of the intended removal, the owner or the person
for the time being in charge of the vehicle is present and expresses a willingness and
intention to remove the vehicle immediately.
Section 13. Disposition of Notice of Violation Ticket.
Any violator in receipt of a Notice of Violation Ticket shall have ten calendar (10) days
from the date set forth on the notice of violation to pay the amount on the Notice of Violation
Ticket. Payment must be received by the Township by the 10th day. Date of mailing shall not
constitute the date of receipt by the Township. If the Notice of Violation Ticket is not paid within
the ten (10) days, such failure shall result in the issuance of a Citation for the offense as enumerated
on the Notice of Violation Ticket.
Section 14. Fines and Penalties.

The Parking Ordinance Violation Ticket shall be a fine shall be established by resolution
of the Board of Supervisors from time to time. All expenses related to towing and storage of
vehicle will be the sole responsibility of the violator. The Township may, by resolution, set fees
for storage of vehicles that are impounded at the West Manheim Township impound yard and
such fees must be paid in full prior to release of such vehicle.
Section 15. Severability.
The provisions of this Ordinance are severable, and if any section, sentence, clause, part,
or provision hereof shall be held to be illegal, invalid, or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect the remaining sections, clauses, parts, or
provisions of this Ordinance. It is hereby declared to be the intent of West Manheim Township
that such ordinance would have been enacted if such illegal, invalid, or unconstitutional section,
sentence, clause, part, or provision had not been included herein.
Section 16. Miscellaneous.
A) Nothing contained in this ordinance shall be construed to affect any suit or
proceeding in any court, or any rights acquired, or liability incurred, or any cause or action
existing prior to the enactment of this Ordinance.
B) The penalties imposed by this ordinance shall be in addition to the penalties
imposed for the violation of the ordinances set forth in Section 3 hereof, and nothing in this
4865-1118-2195, v. 2
ordinance shall require the use of the procedures herein prior to taking other enforcement
action as allowed by any ordinance, statute, regulation, or law. Nothing in this ordinance
shall reduce or limit the penalties that may be imposed for violation of any ordinance,
statute, regulation or law, or the methods or means for enforcing any ordinance, statute,
regulation, or law.
C. Non-repealer and Repeals. Any other traffic regulation previously adopted by the
Township of West Manheim not inconsistent with this regulation shall remain in full force
and effect and shall not be deemed repealed by the enactment of this Ordinance. Any such
traffic regulations, to the extent required, shall be considered ratified and confirmed by the
enactment of this Ordinance. The provisions of this Ordinance shall not affect any suit or
prosecution pending or to be instituted to enforce any inconsistent ordinances.
ORDAINED AND ENACTED this ____ day of September, 2023.

ATTEST: WEST MANHEIM TOWNSHIP
BOARD OF SUPERVISORS