Loading...
(1) The term Flexible-Park Auto Sharing Organization or Organization shall mean an Auto Sharing Organization, within the meaning of Section 12-918, that does not require its members to return a vehicle to the location from which the vehicle was first obtained and that allows its members to return a vehicle to any lawful parking space as permitted pursuant to this Section.
(2) The provisions of this Section 12-918.1 shall apply only within the following Service Area, including both sides of any bounding street: The area bounded by East Somerset St.; Belgrade St.; East Lehigh Ave.; Kensington Ave.; East Hagert St.; Emerald St.; East Boston St.; Coral St.; North Front St.; Amber St.; East Norris St.; Frankford Ave.; East Oxford St.; West Oxford St.; North American St.; Master St.; North 6th St.; Diamond St.; North 17th St.; Cecil B. Moore Ave.; North 33rd St.; West Girard Ave.; Parkside Ave.; Belmont Ave.; North 44th St.; Haverford Ave.; North 46th St.; Farragut St.; Chestnut St.; South 50th St.; Springfield Ave.; South 51st St. (extended); Botanic Ave.; South 49th St. (extended); Schuylkill Ave.; Reed St. (extended); Schuylkill Expressway; South 26th St.; Constitution Ave.; South 16th St. (extended); the Delaware River; League Island Blvd. (extended); South Broad St.; Delaware Expressway; East Oregon Ave. (extended); the Delaware River; and East Somerset St. (extended).
(a) The Department may exclude from these boundaries any streets where the Department determines that inclusion would impede the free flow of traffic, the availability of parking, or public safety. The Department shall use its best efforts to exclude only those streets mutually agreeable to the Department and the organization, and, absent an emergency, only after thirty (30) days' notice to the organization.
(b) The Department may further exclude from these boundaries any streets, upon request by the organization for business or efficiency reasons. The Department shall grant any such request unless the Department finds that the exclusion would lead to an unreasonably inequitable provision of service, or otherwise would be inconsistent with the purposes of this Section.
(c) The Department may expand the boundaries of the Service Area, upon request by the Organization and a determination by the Department that expansion will promote transportation flexibility, reduce congestion or improve the equitable provision of service.
(3) A vehicle registered to a flexible-park auto sharing organization shall be exempt from the following parking regulations, so long as the organization is in substantial compliance with the provisions of subsection (4), below ("Required agreement"), and so long as the vehicle is in compliance with the provisions of subsection (6), below ("Vehicle requirements"):
(a) Maximum parking limits of one-half (1/2) hour or more, except in zones reserved for designated purposes, such as loading zones.
(b) Parking meter or parking kiosk payments.
(4) Required agreement. A flexible-park auto sharing organization must execute, and be in substantial compliance with, an agreement between the organization and the Department, in order to take advantage of the exemptions set forth at subsection (3), above. Such an agreement shall provide for:
(a) Quarterly payment of a meter revenue offset fee, calculated as follows:
(.1) For the first year of the pilot period provided for in subsection (10), below: five hundred dollars ($500) per car per year.
(.2) For any year thereafter, the Organization shall provide to the Department, on an agreed-upon schedule and in an agreed-upon format, data reflecting actual time parked, per car, at pay-parking spaces, for which no payment was made, and the amount of foregone revenue resulting therefrom. The Organization shall remit an amount equal to such foregone revenue, on an agreed-upon schedule, but no less frequently than quarterly, plus an annual administrative fee of up to one hundred dollars ($100) per car, to be established by the Department to cover reasonable administrative costs. The Department shall have the right to audit the provided data and to require payment of any underpayment, plus an agreed-upon penalty, within thirty (30) days of any determination of underpayment. The Department will provide a credit to the Organization for any overpayment.
(.a) The Organization shall not be responsible for payment on account of any new pay-parking spaces established after the execution of the agreement required by this subsection (4), unless the Department has provided to the Organization at least thirty (30) days' advance notice of the establishment of any such new space.
(.b) After review of the data provided pursuant to subsection (.2), the Department may establish a quarterly fee by regulation, in an amount that approximates the average foregone revenue, per car, plus a reasonable administrative fee, not to exceed one hundred dollars ($100) per car. The Department may modify such quarterly fee, at any time, by further regulation.
(b) A maximum fleet size, as determined by the Department to maximize public benefit. Such maximum shall be no less than 300 vehicles and no more than 500 vehicles.
(c) Commitment by the organization to use its maximum reasonable efforts:
(.1) To maintain a fleet of vehicles reasonably and equitably dispersed throughout the Service Area.
(.2) Not to allow any individual vehicle to remain parked on any block for more than forty-eight (48) consecutive hours.
(.3) Not to allow its vehicles to be parked in violation of applicable parking regulations, except those for which an express exemption is provided for in this Section.
(d) Commitment by the organization that all vehicles in its fleet:
(.1) Shall maintain current Pennsylvania registration, registered to a Philadelphia address.
(.2) Shall be in compliance with the Pennsylvania Vehicle Code, including applicable inspection and insurance requirements.
(e) Commitment by the organization that:
(.1) Members of the organization will not be required to furnish or maintain a credit card.
(.2) Its pricing schedule will not change with less than seven days' notice, posted on its website. Pricing for vehicle usage may vary according to time and day of usage.
(.3) It will comply with all local license and tax requirements, including but not limited to the Vehicle Rental Tax set forth at Chapter 19-3300.
(.4) It will timely pay all parking tickets, red light camera tickets, automated speed enforcement tickets, and any other automated traffic enforcement tickets incurred by its members, subject to the right of the organization to dispute any such tickets pursuant to Section 12-2806 ("Answer") or Section 12-3009 ("Request for a Hearing").
(.5) It will provide to the Department, on a continuous basis, the license plates of all vehicles in its fleet. Any vehicle for which the license plate number is not provided to the Department shall not be entitled to any of the parking privileges set forth in this Chapter or in any agreement.
(.6) It will provide to the Department, on at least a semi-annual basis, or on such more frequent basis as the Department shall require, such data regarding vehicle usage and location, as required by the Department, primarily to determine the effect of the program on traffic congestion and mitigation.
(.7) It will cooperate with the Department in the event of a weather or other emergency, including but not limited to by clearing its cars from such locations as determined by the Department.
(f) Regular meetings, no less frequently than every two weeks, between the Department and the organization, to address ongoing concerns of either the Department or the organization.
(g) Such reasonable penalties as the Department, in its discretion, determines are appropriate for violations of the agreement.
(h) Such other provisions as the Department, in its discretion and as agreed to by the organization, determines are necessary or appropriate to support the free flow of traffic, the availability of parking, the equitable provision of services, and compliance with applicable laws and policies.
(5) Agreement suspension and termination.
(a) Upon a determination by the Department that a flexible-park auto sharing organization is not in substantial compliance with its agreement, the Department, after written notice and an opportunity of no less than five (5) business days for the organization to resolve any deficiencies, may suspend the organization's privileges under this Section for a period not to exceed thirty (30) days.
(b) Upon a determination by the Department that a flexible-park auto sharing organization is not in substantial compliance with its agreement and that the violations of the agreement present a substantial impediment to the free flow of traffic, the availability of parking, or the equitable provision of services, the Department, after written notice and an opportunity of no less than five (5) business days for the organization to resolve any deficiencies, may cancel the agreement.
(c) Council may amend, suspend, or repeal this Section 12-918.1 at any time. No flexible-park auto sharing organization shall have any rights under the provisions of this Section or any agreement under this Section, other than as provided under such amendment, suspension or repeal.
(6) Vehicle requirements. A vehicle must be in compliance with the following provisions in order to take advantage of the regulatory exemptions of subsection (3), above:
(a) Registration with the Department as a flexible-park auto share vehicle.
(b) Display of such permit, sticker or electronic identification, as the Department shall require.
(7) The Department may, at its discretion, set reasonable time limits for potential organizations to apply for, and to complete, an agreement under this Section 12-918.1. Other than during the term of any exclusive agreement, pursuant to subsection (8), below, the Department may enter into agreements with up to three Organizations, and may establish a maximum number of vehicles permitted in all fleets, combined, in order to maximize the flow of traffic, the availability of parking or public safety. The Department may allocate equitably among multiple organizations the total number of vehicles permitted; provided that, for any Organization that already has an agreement with the Department under this Section 12-918.1, the Department shall not reduce the number of vehicles permitted by such Organization absent overriding considerations of public safety, traffic congestion or equity.
(8) The Department may, at its discretion, enter into an exclusive agreement with a single flexible-park auto sharing organization for an initial pilot period not to exceed twelve (12) months, to begin when the organization first places vehicles on the street for public use.
(9) On such schedule as the Department deems appropriate, the Department shall file a report with City Council setting out the Department's analysis of the success of this program with regard to the free flow of traffic, availability of parking, equitable provision of services, and such other factors as the Department determines are appropriate for evaluating the program's merits. The Department shall work with any Organization under agreement to ensure that, as permitted by law, no proprietary information is made public in any such report.
(10) Pilot Program; Sunset Provision. The provisions of this Section 12-918.1 shall expire either:
(a) Two years after an organization first places vehicles on the street for public use, unless the Department certifies to the Chief Clerk of Council, prior thereto, that continuation of these provisions are not likely to impede the free flow of traffic, the availability of parking, or public safety; or
(b) One hundred and twenty (120) days after the Department certifies to the Chief Clerk of Council that continuation of these provisions will impede either the free flow of traffic, the availability of parking, or public safety. The Department shall send a contemporaneous copy of such certification to each organization that has entered into an agreement under subsection (4), above.
Notes
| 129 | Added, Bill No. 190321 (approved July 17, 2019). |
§ 12-919. On-Street Parking of Boats, Motor Homes, Truck Campers, Vending Carts and Other Large Vehicles. 130
(1) Definitions. In this Section, the following definitions shall apply:
(a) Block. An area of land bounded by streets which are confirmed on the City Plan and legally open.
(b) Motor Home. As defined in the Vehicle Code at 75 Pa. C.S. § 102.
(c) Truck Camper. As defined in the Vehicle Code at 75 Pa. C.S. § 102
(d) Semitrailer. As defined in the Vehicle Code at 75 Pa. C.S. § 102.
(e) Truck Tractor. As defined in the Vehicle Code at 75 Pa. C.S. § 102..
(f) House Coach. As defined in the Vehicle Code at 75 Pa. C.S. § 102.
(g) House Trailer. As defined in the Vehicle Code at 75 Pa. C.S. § 102.
(h) Recreational Trailer. As defined in the Vehicle Code at 75 Pa. C.S. § 102.
(i) Recreational Cargo Trailer. As defined in the Vehicle Code at 75 Pa. C.S. § 102.
(a) No person shall park a boat, motor home, truck camper or vending cart for more than fifteen (15) days in any on-street parking space located on a single block of any street or highway. Any boat, motor home, truck camper or vending cart parked in an on-street parking space shall be on wheels and readily movable.
(b) No person shall park a semitrailer or truck tractor on a single block of any residential street or on any public street that has been determined by regulation of the Department of Streets to be a location with respect to which the safe and efficient use of the right-of-way by pedestrians or traffic would be impaired by such parking.
(c) Within the First, Sixth, Seventh, Ninth, and Tenth Councilmanic Districts, no person shall park a boat, motor home, house coach, house trailer, truck camper, recreational cargo trailer, or recreational trailer on any public street or City property for longer than three (3) hours or the posted legal parking limit, whichever is less.
Notes
| 130 | |
| 131 |
(1) The Department may designate a hotel loading zone upon the special request of a hotel when it is determined by the Department that such hotel loading zone is necessary and justified by traffic conditions, provided that no such zone shall be designated for a hotel that maintains an off-street passenger vehicle loading and unloading facility.
(2) A hotel loading zone shall consist of 20 feet of curb space directly adjacent to the hotel, and shall be available only to hotel customers, vendors, and persons making deliveries to or receiving deliveries from the hotel. The parking limit in a hotel loading zone shall be 30 minutes.
(3) The annual permit fee for such hotel loading zone shall be five hundred dollars ($500).
(4) The Department shall post signs indicating the location of each hotel loading zone for which a permit has been granted. The fee for installing such signs shall be two hundred fifty dollars ($250).
(5) The Department may terminate any hotel loading zone permit and remove the signs erected if payment of the annual fee shall be thirty days in arrears, or whenever public convenience or necessity warrants such action; provided that 15 days' notice of such intended action shall be given to the person to whom the permit has been issued.
(6) A hotel that has obtained a valet parking zone permit pursuant to Section 12-917 may, upon the designation of a hotel loading zone and payment of the hotel loading zone permit fee required by subsection (3) herein, elect to surrender its valet parking zone permit to the Department, in which case the hotel shall be entitled to a pro rata refund of any fees paid pursuant to subsection 12-917(3).
Notes
| 132 | Added, Bill No. 110827 (approved December 21, 2011). |
(1) Any person violating any of the provisions of this Chapter shall be liable for payment of fines, costs and additional fees prescribed and assessed in accordance with the provisions of Chapter 12-2800 of this Title.
Notes
| 133 | Amended, 1989 Ordinances, p. 72; renumbered, 1989 Ordinances, p. 99; renumbered, 1992 Ordinances, p. 859; renumbered, Bill No. 970403 (approved May 19, 1998). Renumbered from former Section 12-918 by Code editor because a new Section 12-918 was added by Bill No. 060761 (approved January 23, 2007). Renumbered, Bill No. 080276 (approved April 28, 2008); renumbered, Bill No. 110827 (approved December 21, 2011). |
(1) Definitions.
(a) Sun Screening Device. In this section “sun screening device” refers to a sun screening device or other material which, if used by a person driving a motor vehicle, would constitute a violation of 75 Pa. C.S. § 4524(e).
(2) Prohibited Conduct. No person shall park any motor vehicle with a sun screening device on any public highway.
(3) Exemption. Notwithstanding any provision of Chapter 12-2800 (“Administrative Adjudication of Parking Violations”) or any other provision of the Code to the contrary, a violation of this Section shall be dismissed upon a showing that, at the time a violation was issued pursuant to this Section, the motor vehicle at issue was subject to a valid certificate of exemption issued by the Pennsylvania Department of Transportation, consistent with 75 Pa. C.S. § 4524(e).
Notes
| 133.1 | Added, Bill No. 240158 (approved May 1, 2024), effective June 30, 2024. |
(1) The Parking Authority shall install smart loading zones that include sensors, a camera-based parking enforcement system pursuant to Section 12-924, and such additional technology necessary to administer and enforce this section. Existing loading zones may be converted to smart loading zones as provided in this section. Smart loading zones are authorized at the following locations:
(a) South side of Walnut Street between 12th Street and 20th Street.
(b) North side of Sansom Street between 12th Street and Broad Street.
(c) North side of Sansom Street between 17th Street and 19th Street.
(d) North side of Chestnut Street between 12th Street and 20th Street.
(2) Motor vehicles may, upon payment of the fee of ten cents ($0.10) per minute, use smart loading zones for a period not to exceed one (1) hour.
(3) Vehicles may not stop, stand, or parking in a smart loading zone for more than three (3) minutes without payment as required in subsection (2) or longer than one (1) hour in any case.
(4) The Parking Authority shall install clear and conspicuous signage identifying each smart loading zone, including applicable penalties for use of the smart loading zone in violation of this Section.
(5) The Department of Streets may promulgate regulations providing for the location and parking restrictions applicable to each smart loading zone, unless otherwise provided for in this Section.
Notes
| 133.2 | Added, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025. |
(1) The following violations of this Title 12 relating to prohibitions on stopping, standing, and parking vehicles, shall be enforceable through violation notices based on recorded images produced by a fixed or mobile camera-based parking enforcement system:
(a) Subsection 12-913(1)(a)(.1) relating to double parking.
(b) Subsection 12-923(3) relating to smart loading zones.
(c) Subsection 12-2709(1) relating to resident permit parking.
(2) All aspects of administration and enforcement applicable to the parking violations identified through a camera-based parking enforcement system, including the applicable fines and penalties and the manner of response and appeal, as set forth in this Title 12 in connection with such offenses generally, shall apply to violations identified in violation notices issued based on such a camera-based parking enforcement system.
(3) Notwithstanding any provision of the Code to the contrary requiring placement of parking violation notices on the vehicle causing the violation, notices of violation pursuant to a camera-based parking enforcement system may be served by mail upon the registered owner of the vehicle.
(4) The Parking Authority shall prepare and mail a notice of violation addressed to the registered owner of a vehicle identified in a recorded image produced by a camera-based parking enforcement system as evidence of a violation of this Chapter.
(a) The notice of violation must include:
(.1) the name of the registered owner of the vehicle;
(.2) the registration number and state of issuance of the vehicle registration;
(.3) the date, time, and place of the violation;
(.4) identification of the Code sections under which the violation is charged;
(.5) the attestation set forth in subsection (b);
(.6) the penalty for the violation;
(.7) a copy of the recorded image(s) showing the vehicle, with date and time stamp;
(.8) the date on which the notice was mailed; and
(.9) instructions for return of the notice of violation, including method of paying fines, deadlines for response, and identification of penalties that may accrue for failure to respond.
(b) A violation notice issued based on a camera-based parking enforcement system shall be verified based on a review of the applicable camera images by an officer authorized to issue parking tickets under this Title, who shall attest that the officer has inspected the recorded images evidencing the violation and that the officer reasonably believes the information contained in the notice of violation to be true and correct.
(5) A violation notice issued based on a camera-based parking enforcement system shall be sent by first-class mail within thirty (30) days after the discovery of the identity of the registered owner, to the address of the registered owner as listed in the records of the Department of Transportation or other agency with responsibility for maintaining vehicle registrations in the jurisdiction in which the vehicle is registered, provided, however, that no notice of violation under this section shall be issued more than ninety (90) days after the commission of the offense. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any judicial or administrative proceeding as to the facts contained therein.
(6) All aspects of administration and enforcement applicable to parking violations generally, as set forth in this Title 12, including the applicable fines and penalties and the manner of response and appeal, shall apply to violations identified in violation notices issued based on such a camera-based parking enforcement system, except as provided in this Section 12-924.
(7) Motor vehicle owner information obtained as a result of the operation of a camera-based parking enforcement system under this Section shall not be the property of the manufacturer or vendor of the camera-based parking enforcement system and may not be used for any purpose other than as prescribed in this Section.
(8) The compensation paid to the manufacturer or vendor of the camera-based parking enforcement system may not be based upon the number of violation notices issued or a portion or percentage of the fine generated by the notices. The compensation paid to the manufacturer or vendor of the equipment shall be based upon the value of the equipment and the services provided or rendered in support of the camera-based parking enforcement system.
Notes
| 133.3 | Added, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025. |