Politics & Government

Pa. Mayors' Association President: Mayors Can Dismiss Tickets

The president of the association said the power extends from the state borough code.

Pennsylvania mayors have the authority to dismiss parking tickets, according to the president of the Pennsylvania State Mayors’ Association.

Jim Nowalk, president of the association, said the practice varies municipality to municipality and derives from the state borough code.

"Some mayors do and some mayors don't," he said Friday.

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Dormont Mayor Tom Lloyd, who has been asked about the practice, hasn't cited the association's interpretation or pointed to any other authority. Instead, he said, it's tradition, explaining have done it with the blessing of the district magistrate.

The borough's solicitor Deron Gabriel and acting police chief Richard Dwyer contend there is

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However, Nowalk forwarded a letter to Patch that he wrote to a mayor in 2008 about the issue.

The letter cited a section of the state borough code that reads: “It shall be the duty of the mayor ... to enforce the ordinances and regulations."

That extends to parking ordinances written by council, he wrote. The letter did not , which have also been an issue of contention between Lloyd and Dwyer.

According to the letter, mayors must recognize circumstances that are "inadvisable, imprudent and contrary to the public interest to strictly enforce an ordinance or regulation."

Nowalk cited judicial economy, saying it eases the burden on district judges of having to hear cases that are going to be dismissed, along with extending good-will. And having mayors handle tickets can save money because police don’t have to go to court for challenged tickets.

“If the reasons given to the mayors and police chiefs are excusable or would cause a magisterial district judge to dismiss the citation (e.g. a vehicle operator with a handicapped placard who forgot to display it), then the only appropriate response for those mayors and police chiefs would be to void the citations,” he wrote.

However, steps should be taken to prevent abuses, Nowalk wrote. Reasons for dismissal "should be reasonable, transparent, and fairly applied to all violators who are similarly situated. Conversely, the reasons used should not be personal, political, or discriminatory.”

“Because voiding citations negates official action taken by police officers and has the potential for abuse, measures should be taken to insure that the process of voiding citations is fair, well-documented, and unbiased.”


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