The proposal might be a first, at least in these parts. Neither Nestel nor Drexel University law professor Donald F. Tibbs said they knew of such fines elsewhere. News reports say unlocked-car fines have been instituted in parts of Australia.
Making money for the municipality is not the goal, Nestel said. "I wouldn't care if it was a $5 fine, as long as it got people to lock their doors."
"What I'm trying to address is the criminal element coming into our community."
Under the proposal, he explained at the commissioners' meeting, no fine would be levied the first time an unlocked car is found parked on a residential street.
The police officer, or a civilian member of the department, would leave an informational flier on the driver's seat and lock the vehicle.
Each subsequent offense within a year could bring a $25 fine. No court costs would be added, no cars towed, and no citations written for unlocked cars in owners' driveways, Nestel said.
Generally, he said, a police officer or community-service representative would go to areas with high reports of thefts from autos, and check all parked cars on a street.
"If we open the door and a kilo of cocaine was in the door pocket, I think we should probably take action," he said, calling such a circumstance highly unlikely.
The fine and its enforcement could raise legal issues, said Tibbs, an associate professor at Drexel's Earle Mack School of Law, who this week was teaching students about constitutional rights relating to autos.
Courts generally give police more leeway to stop cars that are being driven and search them, Tibbs said. Erratic driving or slurred speech can justify a search of a car, in part because the evidence could drive away.
