Commonwealth v. Ansell
143 A.3d 944
| Pa. Super. Ct. | 2016Background
- Ross Township enacted Ordinance No. 2321 (Aug. 20, 2012) creating a no-parking zone on Fairley Road.
- Officer Killmeyer observed William Ansell’s car parked at the no-parking location on Oct. 4 and again on Oct. 5, 2014; citations were issued and the vehicle was towed once.
- Ansell pleaded not guilty, lost before a magistrate, and filed a de novo appeal; at the February 23, 2015 hearing Ansell disputed only that Fairley Road was a public highway subject to the Motor Vehicle Code.
- Ansell’s brother testified Fairley Road was private and not dedicated to the township; no conclusive documentary proof of dedication was introduced.
- At a June 10, 2015 de novo hearing the court found Fairley Road was a public highway, that the no-parking sign was presumptively valid, and that Ansell waived any challenge to absence of an engineering/traffic study.
- Trial court convicted Ansell of two summary violations of 75 Pa.C.S.A. § 3353(a)(3)(ii); this appeal followed and the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Ansell) | Held |
|---|---|---|---|
| Whether Commonwealth had to prove township conducted required engineering/traffic study before enacting no-parking ordinance | The no-parking sign is an official traffic-control device entitled to a presumption of lawful authorization; Commonwealth need not initially produce a traffic study | Township never performed required studies; ordinance invalid without them | Held for Commonwealth: presumption under 75 Pa.C.S.A. § 3111(d) applies; Ansell failed to introduce competent contrary evidence, so Commonwealth met its burden |
| Whether record required traffic/engineering study results to be proved beyond a reasonable doubt | Commonwealth: not an initial burden; only if defendant rebuts presumption must Commonwealth prove studies | Ansell: absence of study is element and must be proven by Commonwealth | Held for Commonwealth: defendant bore initial burden to offset presumption and did not; no relief |
| Whether Fairley Road is a "highway" open to public vehicular travel under 75 Pa.C.S.A. § 102 | Commonwealth: facts (no private signage, public use by residents/deliveries, township street sign) support highway status | Ansell: Fairley Road is private, loop serving few homes, not open to public | Held for Commonwealth: sufficient evidence that Fairley Road was open to public and thus a highway |
| Whether Ansell waived challenge to lack of traffic study by failing to raise it earlier | Commonwealth: Ansell did not present competent evidence at the February hearing to rebut the presumption; thus challenge was waived | Ansell: trial court erred in finding waiver and refusing to reopen record for Commonwealth to add witness | Held for Commonwealth: Ansell failed to rebut presumption at earlier hearing; court properly declined reopening and found waiver |
Key Cases Cited
- Commonwealth v. Kerns, 420 A.2d 542 (Pa. Super. 1980) (official traffic-control devices posted and observable are presumed lawfully authorized)
- Commonwealth v. Gernsheimer, 419 A.2d 528 (Pa. Super. 1980) (presumption of lawful authorization for official signs applies)
- Commonwealth v. Kittleberger, 616 A.2d 1 (Pa. Super. 1992) (Commonwealth must prove device approval where presumption does not apply)
- Commonwealth v. Zabierowsky, 730 A.2d 987 (Pa. Super. 1999) (standard for reviewing sufficiency of evidence)
- Commonwealth v. Wilson, 553 A.2d 452 (Pa. Super. 1989) (private signage does not necessarily preclude public-use status for Motor Vehicle Code)
- Commonwealth v. Proctor, 625 A.2d 1221 (Pa. Super. 1993) (parking areas open to public use can be trafficways)
- Commonwealth v. Cozzone, 593 A.2d 860 (Pa. Super. 1991) (unrestricted condominium parking area can be a trafficway)
- Commonwealth v. Baughman, 516 A.2d 390 (Pa. Super. 1986) (private, dead-end road may still be a trafficway based on public use)
- Commonwealth v. Aircraft Service Int'l Group, 917 A.2d 328 (Pa. Super. 2007) (roads with access strictly limited are not public highways)
- Commonwealth v. Wyland, 987 A.2d 802 (Pa. Super. 2010) (roads on military bases restricted to authorized personnel are not public highways)
- Commonwealth v. McFadden, 547 A.2d 774 (Pa. Super. 1988) (intermittent use of a private dead-end road may be insufficient to show customary public use)