§ 6109. Specific powers of department and local authorities
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: July 3, 2023
Effective: July 3, 2023
75 Pa.C.S.A. § 6109
§ 6109. Specific powers of department and local authorities
(a) Enumeration of police powers.--The provisions of this title shall not be deemed to prevent the department on State-designated highways and local authorities on streets or highways within their physical boundaries from the reasonable exercise of their police powers. The following are presumed to be reasonable exercises of police power:
(10) Altering or establishing speed limits as authorized in Subchapter F of Chapter 33 (relating to speed restrictions).1
(11) Enforcement of speed restrictions authorized under Subchapter F of Chapter 33, except that speed restrictions may be enforced by local police on a limited access or divided highway only if it is patrolled by the local police force under the terms of an agreement with the Pennsylvania State Police.
(24) Designating any local road as a litter enforcement corridor, as described in section 6105.2 (relating to designation of litter enforcement corridors) and enforcing penalties for violations of section 3329 (relating to duty of driver in litter enforcement corridors), provided that the local authority has received written complaints about littering or the scattering of rubbish and demonstrates the need to designate the local road.
(c) When traffic-control devices required.--No regulation or ordinance enacted under subsection (a)(1), (4), (5), (6), (7), (9), (10), (11), (12), (13), (14), (15), (16) or (21) shall be effective until official traffic-control devices giving notice of the traffic regulations or ordinances are erected upon or at the entrances to the highway or part thereof affected as may be most appropriate.
(e) Engineering and traffic investigation required.--Action by local authorities under this section shall be taken only after completing an engineering and traffic investigation when and in such manner as required by regulations promulgated by the department. No engineering and traffic investigation is required to establish a speed limit under section 3362(a)(1.2) (relating to maximum speed limits) or to restrict the operation of vehicles under the Surface Transportation Assistance Act of 1982 (Public Law 97-424, 96 Stat. 2097) beyond the access limitations prescribed under 23 CFR 658.19 (relating to reasonable access).
(f) Delegation of powers authorized.--Except as set forth in subsections (g) and (h), nothing contained in this section shall be deemed to prevent local authorities by ordinance or resolution of the local governing body from delegating their powers under subsection (a)(1) or (22) to a parking authority established pursuant to 53 Pa.C.S. Ch. 55 (relating to parking authorities).
(1) Notwithstanding any contrary provision of 53 Pa.C.S. Ch. 55 or this title, beginning on March 31, 2014, the parking authority of a city of the first class shall enforce and administer the system of on-street parking regulation in a city of the first class on behalf of the city. The system of on-street parking regulation shall include all ordinances and resolutions enacted or adopted by the city of the first class pursuant to the powers specified under subsection (a)(1) and those certain stopping, standing and parking provisions provided in sections 3351 (relating to stopping, standing and parking outside business and residence districts), 3353 (relating to prohibitions in specified places) and 3354 (relating to additional parking regulations).
(2) Any revenues generated pursuant to the system of on-street parking regulation authorized by this subsection shall be collected by the authority on behalf of the city of the first class and disbursed as provided in this paragraph, subject to adjustment under paragraph (3). Beginning with its fiscal year ending in 2015, upon the conclusion of each of its fiscal years, the authority shall transfer the revenues of the system of on-street parking regulation net of the operating and administrative expenses of the system of on-street parking regulation as follows:
(3) The amount set forth in paragraph (2)(i) shall be adjusted each fiscal year beginning with the fiscal year ending in 2014 by increasing the $35,000,000 aggregate amount by an amount equal to $35,000,000 multiplied by the percentage increase, if any, in the gross revenue generated by the system of on-street parking regulation. No adjustment shall be made if the gross revenue generated by the system of on-street parking regulation did not increase over the prior fiscal year.
(4) The provisions of section 696(h)(1) of the act of March 10, 1949 (P.L. 30, No. 14),2 known as the Public School Code of 1949, shall not apply to amounts transferred to a school district of the first class under this subsection. Any portion of the excess net revenue of the system of on-street parking regulation not transferred to a school district of the first class must be transferred to the city of the first class in which the authority is located.
“Administer.” To provide any services or materials necessary to enforce any ordinance or resolution enacted in order to regulate or prohibit the stopping, standing or parking of motor vehicles in a city of the first class or those certain stopping, standing and parking provisions provided in sections 3351, 3353 and 3354, including, but not limited to:
“Enforce.” The issuance of parking violation notices or citations, the immobilization, towing and impoundment of motor vehicles and the collection of fines, penalties, costs and fees, including independent collection agency fees, for violations of any ordinance or resolution enacted in order to regulate or prohibit the stopping, standing or parking of motor vehicles in a city of the first class and those certain stopping, standing and parking provisions provided in this section and sections 3351, 3353 and 3354.
(1) Notwithstanding any contrary provision of 53 Pa.C.S. Ch. 55 or this title, beginning on January 1, 2005, the parking authority of a city of the second class shall enforce and administer all ordinances and resolutions enacted or adopted by the city of the second class pursuant to the powers specified under subsection (a)(1) and those certain stopping, standing and parking provisions provided in sections 3351 (relating to stopping, standing and parking outside business and residence districts), 3353 (relating to prohibitions in specified places) and 3354 (relating to additional parking regulations).
(2) Beginning on March 1, 2005, the parking authority of a city of the second class shall enter into an agreement with the city of the second class for the transfer of a portion of the fines, penalties and costs collected pursuant to this subsection, which the parking authority board deems reasonable, to the city of the second class.
“Administer.” To provide any services or materials necessary to enforce any ordinance or resolution enacted in order to regulate or prohibit the stopping, standing or parking of motor vehicles in a city of the second class or those certain stopping, standing and parking provisions provided in sections 3351, 3353 and 3354, including, but not limited to:
“Enforce.” The issuance of parking violation notices or citations, the immobilization, towing and impoundment of motor vehicles and the collection of fines, penalties and costs, including independent collection agency fees, for violations of any ordinance or resolution enacted in order to regulate or prohibit the stopping, standing or parking of motor vehicles in a city of the second class and those certain stopping, standing and parking provisions provided in sections 3351, 3353 and 3354.
(1) Notwithstanding a provision of 53 Pa.C.S. Ch. 55 or this title to the contrary, beginning January 1, 2018, the parking authority of a city of the second class A or city of the third class may enforce and administer ordinances and resolutions enacted or adopted by the city of the second class A or city of the third class under the powers specified under subsection (a)(1) and those certain stopping, standing and parking provisions provided in sections 3351, 3353 and 3354.
(2) Beginning March 1, 2018, the parking authority of a city of the second class A or city of the third class may enter into an agreement with the city of the second class A or city of the third class for the transfer of a portion of the fines, penalties and costs collected under this subsection, which the parking authority board deems reasonable, to the city of the second class A or city of the third class.
“Administer.” To provide any services or materials necessary to enforce any ordinance or resolution enacted in order to regulate or prohibit the stopping, standing or parking of motor vehicles in a city of the second class A or city of the third class or those certain stopping, standing and parking provisions provided in sections 3351, 3353 and 3354, including, but not limited to:
“Enforce.” The issuance of parking violation notices or citations, the immobilization, towing and impoundment of motor vehicles and the collection of fines, penalties and costs, including independent collection agency fees, for violations of any ordinance or resolution enacted in order to regulate or prohibit the stopping, standing or parking of motor vehicles in a city of the second class A and city of the third class and those certain stopping, standing and parking provisions provided in sections 3351, 3353 and 3354.
(j) Permits for processions, special activities and assemblages on State-designated highways.--The department may not require, as a condition for the approval of a permit for a procession, special activity or assemblage on a State-designated highway, a local authority to submit a statement that the local authority will agree to fully indemnify, save harmless and defend the Commonwealth, Commonwealth departments and their officers, agents and employees from and against claims, suits or actions for injury, death or property damage arising from or because of the acts or omissions of its officers, agents or employees or of the sponsor of the procession, special activity or assemblage, if all of the following conditions are met:
(2) The sponsor will fully indemnify, save harmless and, if requested, defend the Commonwealth, Commonwealth departments and their officers, agents and employees from and against claims, suits or actions for injury, death or property damage arising from or because of the acts or omissions of the sponsor, its officers, agents or employees.
(1) Nothing in subsection (j) shall be construed to require the department to issue a permit for a procession, assemblage or special activity that will occur on a street, highway or real estate deemed by the department to be unsafe for use by participants. The department, its servants and agents, employees and representatives acting on its behalf shall be immune from suit by participants for personal injuries or property damages arising during a procession, assemblage or special activity permitted by the department under 42 Pa.C.S. §§ 8521 (relating to sovereign immunity generally) and 8522 (relating to exceptions to sovereign immunity).
Credits
1976, June 17, P.L. 162, No. 81, § 1, effective July 1, 1977. Amended 1982, Dec. 7, P.L. 820, No. 229, § 1, retroactive effective July 1, 1981; 1998, Dec. 21, P.L. 1126, No. 151, § 52, effective in 60 days; 2004, Feb. 9, P.L. 65, No. 8, § 4. Affected 2004, Feb. 10, P.L. 69, No. 9, § 3, imd. effective. Amended 2004, Dec. 8, P.L. 1791, No. 237, § 3; 2012, July 2, P.L. 735, No. 84, § 5; 2017, Dec. 22, P.L. 1258, No. 80, § 1, effective in 60 days [Feb. 20, 2018]; 2018, June 12, P.L. 204, No. 31, § 4, imd. effective; 2018, June 28, P.L. 429, No. 62, § 3, effective in 6 months [Dec. 28, 2018]; 2021, June 30, P.L. 188, No. 36, § 1, imd. effective; 2022, Nov. 3, P.L. 1946, No. 130, § 5, effective in 240 days [July 3, 2023].
75 Pa.C.S.A. § 6109, PA ST 75 Pa.C.S.A. § 6109
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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