CHAPTER 12-2400. TOWING AND IMMOBILIZING OF PARKED OR ABANDONED VEHICLES 211

 

Notes

211	Added, 1956 Ordinances, p. 268; amended and new subsections added, 1983 Ordinances, p. 349.

§ 12-2401. Definitions. 212

   (1)   Boot. A device consisting of metal clamps or jaws and a padlocking device, which when attached to the wheel of a motor vehicle, prevents the vehicle from being driven.

   (2)   Delinquency Notice. A notice sent to the registered owner of the vehicle for which a parking ticket against the license plate has been issued and has not been paid within the prescribed period of time.

   (3)   City. The City of Philadelphia or its designated agent.

   (4)   Department. The Police Department.

   (5)   Towing Zone. Any area designated by the Council of the City of Philadelphia, where parking is otherwise prohibited by law or ordinance, from which parked vehicles shall be removed or towed by the Police Department during designated hours; or any non-public street or area designated by the Street Department as a tow away zone after certification by the Fire Commission or Police Commissioner that the public safety, health and general welfare require the prohibition of parking on such non-public streets or areas. 213

   (6)   Vehicle. Any automobile or other device in, upon, or by which any person or property may be transported on a public highway.

 

Notes

212	Amended, 1983 Ordinances, p. 349.
213	Amended, 1961 Ordinances, p. 231.

§ 12-2402. Official Towing Stations.

   (1)   The Police Commissioner is authorized to designate approved garages within the City as Official Towing Stations to which vehicles may be removed for storage by the Department in the manner hereinafter set forth.

§ 12-2403. Towing Zones; Designation; Signs.

   (1)   Public Streets.

      (a)   The Council of the City of Philadelphia shall, by ordinance, designate towing zones.

      (b)   Such ordinance shall specify the hours during which vehicles shall be removed or towed from such towing zones.

      (c)   All towing zones shall be clearly designated by appropriate signs.

   (2)   Other Streets. 214

      (a)   Council finds that the traffic congestion resulting from the extensive parking of vehicles on private service streets and ramps abutting multistory residential buildings and adjacent garage facilities interferes with and impedes the free flow of vehicular traffic around, and access to, such buildings and presents a serious hazard to the safety, health and general welfare of the residents of such buildings in the event of fire or other public emergency.

      (b)   Whenever the Fire Commissioner or Police Commissioner finds that the parking of motor vehicles on private service streets and ramps abutting multi-story buildings results in traffic congestion and interference with the free flow of vehicular traffic and to and from such buildings, and creates a hazard to the health, safety and general welfare of the residents of such buildings, the Fire Commissioner or Police Commissioner may certify such fact to the Street Department, which shall thereupon promulgate and issue appropriate regulations prohibiting parking and creating towing zones on such streets and ramps.

 

Notes

214	Amended, 1961 Ordinances, p. 231.

§ 12-2404. Responsibility of Official Towing Stations.

   (1)   No garage, other than a garage operated by the City or by any public agency shall be designated as an official towing station unless the owner, lessee or operator has entered security with the Department in the amount of ten thousand dollars ($10,000) in form approved by the Law Department, for the faithful performance and discharge of its duties as an Official Towing Station, as bailee of impounded vehicles, and to indemnify owners of vehicles against loss, injury or damage to such vehicles while in the custody of the Official Towing Station.

§ 12-2405. Removal or Immobilization of Parked Vehicles; Notice. 215

   (1)   Any vehicle may be removed, by means of towing to the nearest Official Towing Station or immobilized for up to seventy-two (72) hours by means of applying a boot and then towed to the nearest Official Towing Station if not reclaimed, by or under the direction of a member of the Department, or its designated agent whenever any vehicle is:

      (a)   abandoned on the highway;

      (b)   parked in a towing zone; or

      (c.1)   parked on a public street and has any combination of three or more delinquent parking tickets or violation notices issued pursuant to Section 12-3007, relating to an automated red light enforcement system, or Section 12-3405, relating to an automated speed enforcement system, for which appropriate notice has been sent to the registered owner; provided that a boot may be applied only after a delinquency notice on the third such ticket or notice has been issued for at least thirty days (for purposes of determining whether three tickets have been issued to a vehicle for this subsection, all tickets issued to the same owner shall be counted.); or 216

      (c.2)   parked on a public street, has three or more delinquent parking tickets, and for which the Department or its designated agent has been unable to obtain a correct address for the owner; provided that such a vehicle may be towed or booted under this subsection only after at least thirty days have passed since the issuance of the third such ticket and at least one such ticket included notice of this provision; or 217

      (d)   parked on a public street in violation of Section 12-916; or 218

      (e)   parked in violation of subsection 12-913(1)(b)(.1), relating to parking in front of a public or private driveway; or 219

      (f)   parked in violation of subsection 12-902(1)(a), which prohibits the parking of a vehicle, or watercraft trailer upon any roadway for the purpose of displaying such vehicle, watercraft trailer or watercraft attached thereto for sale; or 220

      (g)   parked in a valet parking zone in violation of subsection 12-917(5); 221

      (h)   parked in violation of subsection 12-923(2) relating to smart loading zones; 222

      (i)   parked on a sidewalk in violation of subsection 12-913(1)(a)(.2); 223

      (j)   parked in violation of subsection 12-913(1)(a)(.10), which prohibits the parking of a vehicle where any part of the vehicle would block any part of a curb cut or handicapped ramp; 224

      (k)   parked in violation of subsection 12-1117(2)(f), (2)(g), or (3)(f), which prohibits the parking of a vehicle in parking spaces reserved for a person with disability; 225

      (l)   parked in violation of Section 12-919, relating to parking of any boat, motor home, truck camper or vending cart for more than thirty (30) days in any on-street parking space; 226

      (m)   parked with an invalid parking meter kiosk receipt, in violation of subsection 12-1005.1(2); 227

      (n)   parked with an invalid residential parking permit, in violation of subsection 12-2709(7), or an invalid contractor parking permit, in violation of Section 12-2904.1; 228

      (o)   Parked in violation of Section 12-919 relating to the on-street, public parking of unpermitted semitrailers and truck tractors. 229

   (2)   When a vehicle is towed pursuant to this Section or other provision of law notice of removal shall be sent within thirty (30) days by the Department, or its designated agent, to the owner of record of such vehicle, indicating the place to which such vehicle has been removed, the reason for its removal and impounding, the applicable fees, and the possibility that the vehicle will be sold at public auction if not reclaimed within fifteen (15) days of issuance of notice, except that when a vehicle has been towed as an abandoned vehicle appropriate notice shall be sent to the registered owner by regular mail within seventy-two (72) hours whenever possible. When the Department intends to retain possession of the vehicle pending an investigation, the notice shall so state, and the Department shall issue a subsequent notice of the appropriate time informing the owner that the vehicle may be reclaimed. No notice shall be required of removal by the Department where the owner of the vehicle has contacted the Department within seventy-two hours of such removal. 230

   (3)   When a vehicle has not been reclaimed within fifteen (15) days of issuance of notice that it is available to be reclaimed, the Department or its designated agent shall thereafter send notice to all registered lienholders of the vehicle, informing such lienholders that the vehicle may be reclaimed upon proof of right to possession and payment of all outstanding fees, charges and fines, and that the vehicle may be sold at public auction if not reclaimed within fifteen (15) days. A copy of this notice shall be sent to the owner of record. 231

   (4)   In any case involving immobilization of a vehicle pursuant to this Section, a notice shall be placed on such vehicle, in a conspicuous manner, sufficient to warn any individual that such vehicle has been immobilized and that any attempt to move such vehicle may result in damage thereto. 232

   (5)   Except as provided in subsection 12-2405(6) (relating to vehicles towed by the Parking Authority), no vehicle shall be towed under this Section until the Police have determined whether or not the vehicle has been reported stolen. If the vehicle has been reported stolen, except in the case of an immediate threat to public safety or a case where the vehicle is parked in violation of subsections 12-2405(1)(b) (relating to parking in towing zones), 12-2405(1)(e) (relating to parking in public or private driveway), 12-2405(1)(h) (relating to disabled parking), 12-2405(1)(i) (relating to parking on sidewalks), 12-2405(1)(j) (relating to parking by curb cuts or handicap ramps), or 12-2405(1)(k) (relating to parking in spaces reserved for the handicapped), no such vehicle shall be towed unless the Police have notified, or attempted to notify, the owner of the vehicle of its recovery by calling the contact number provided to the Police at the time it was reported stolen and, unless the Police are unable to contact the owner or leave a message for the owner, or the owner elects to have the Police tow the vehicle, the owner has been given 24 hours from the time of such notification or attempted notification to recover the vehicle in lieu of the tow. 233

   (6)   When a vehicle is towed by the Parking Authority pursuant to this Section or other provision of law, the Parking Authority shall promptly determine whether or not the vehicle has been reported stolen through reasonably available state databases. If the vehicle has been reported stolen, the Parking Authority shall notify the Police, secure the vehicle, and provide notice of impoundment to the owner or lienholder as provided in this Section. The owner or lienholder may recover the vehicle from impoundment without need to pay towing or storage costs. 233.1

 

Notes

215	Amended, 1958 Ordinances, p. 365; amended, 1983 Ordinances, p. 349.
216	Amended, Bill No. 060320 (became law June 15, 2006). The Law Department advised, by memorandum dated June 12, 2006, that the amendments to the Code set forth in Bill No. 060320 exceed City Council's powers. Amended, Bill No. 150013 (approved April 28, 2015), effective May 28, 2015; amended, Bill No. 190184 (approved June 5, 2019). See note 461 for effective date and expiration provisions.
217	Added, Bill No. 150013 (approved April 28, 2015), effective May 28, 2015.
218	Added, 1992 Ordinances, p. 859.
219	Added, Bill No. 970035 (approved July 1, 1997).
220	Added, Bill No. 980111 (approved April 13, 1998); amended, Bill No. 080648 (approved November 19, 2008).
221	Added, Bill No. 970403 (approved May 19, 1998).
222	Added, Bill No. 000358 (approved January 23, 2001); amended, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025.
223	Added, Bill No. 000673 (approved January 23, 2001). Enrolled bill numbered this as subsection (h) in error; renumbered by Code editor.
224	Added, Bill No. 070559 (approved November 29, 2007).
225	Added, Bill No. 070559 (approved November 29, 2007); amended, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025.
226	Added, Bill No. 080276 (approved April 28, 2008). Enrolled bill numbered this as subsection (j) in error; renumbered by Code editor.
227	Added, Bill No. 100285 (approved June 23, 2010), effective July 23, 2010.
228	Added, Bill No. 100285 (approved June 23, 2010), effective July 23, 2010.
229	Added, Bill No. 220246 (approved September 13, 2022).
230	Amended, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527.
231	Added, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527.
232	Renumbered, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527.
233	Added, Bill No. 090691-AAA (approved February 17, 2010), effective March 19, 2010; amended, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025.
233.1	Added, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025.