Crime & Law Enforcement Issues & Death Penalty/Ticketing

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Question
QUESTION: My borough has an ordinance prohibiting parking on the street when the road is snow covered, to allow proper plowing of the street. This ordinance is posted by street signs, in the borough newsletter, and with reminder reverse 911 calls. If cars continue to park on the street when snow covered and no tickets are issued, is the borough at fault when snow is not cleared from the street properly?

ANSWER: Hey, Chris, thanks for sending me your question. You've touched on a very interesting subject, too, I wish more people would familiarize themselves with that one. I'm pretty sure that your Township ordinance works the same as the one here, in Philadelphia. Over here, those streets are called Snow Emergency Routes. They are designated as such so that emergency vehicles can travel without getting stuck.

For vehicles that continue to be parked on these streets with posted signs, generally, the procedure is for the police to put a parking ticket on the car & then the car is to be relocated to a nearby non-emergency snow route street. This is so the plows can make the street passable for emergency vehicles.


The township is at fault and definitely should be enforcing their own ordinances. They created the ordinance for a reason & to not enforce it is plain silly.

I hope I've answered your question, Chris. If not, let me know & please don't hesitate to contact me if you ever need anything else. Oh, if you can, please rate me, it's appreciated.

---------- FOLLOW-UP ----------

QUESTION: Thank you for the detailed reply. A few clarifications, in my borough no parking on snow covered roads is for all streets in the borough. We are a fairly small town. If the snow is not cleared due to a parked car (not mine) in front of my house and the city cannot plow but then shows up two days later and pushes all that snow and ice into my driveway, shouldn't they have to clean it up? ... and not me? The way I see it, they have an ordinance, didn't enforce it, didn't clean up in timely manner after the storm, they should clean up tidily not the howeowner. Fault is also with the driver that parked there but by ignoring the ordinance you can see how much he cares. Do you think I have a case against the borough?

Answer
Hey, Chris I thought that I'd sent another follow up to you. If you never received it, please accept my apologies. I still believe that the borough definitely does have a responsibility to, not only follow through with enforcing the ordinances that they have enacted, but, also, to act properly if they do not. I'm a firm believer in the old expression that says the squeaky wheel gets the oil. I'd believe this to be especially true in smaller towns such as your's. I hope that you made out okay and received satisfaction. Please accept my apology if you didn't receive my original follow up and let me know if  can help again.  

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Patrick Malloy

Expertise

I can answer questions relating to arrests, arrest procedures, domestic situations, traffic citations, auto accidents. i cannot answer many questions regarding other types of law rather than Criminal Law and/Police related questions.

Experience

Throughout my 18 year career as a police officer in Philadelphia, I have worked both uniform and plain clothes in a variety of assignments. I don't know it all, but I surely can give expert advice on most issues. And if I don't know something, then I simply tap the vast array of resources that I have at my disposal.

Organizations
Fraternal Order of Police Lodge #5.

Education/Credentials
Training Credentials: Tactical Response Situational Training, Mental Health, Criminal Procedure, Vehicle Law & Code, Crime Scene Investigation, Court Testimony Procedure, Police Safety Coordination. Hostage Negotiation.

Awards and Honors
Several Departmental Commendations ( Arrests for crimes such as Homicide, Bank Robbery, 'Most Wanted', Shooting, Domestic Assault and other types).

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