§ 12-2405.1. Removal of Vehicles Blocking Driveways. 234

   (1)   The owner or other person in charge or possession of any driveway, or in charge or possession of any private parking space, access to which is only available by means of a driveway, may remove or have removed any vehicle from the street or the driveway which is parked or left unattended in a manner so as to block access to such driveway. Removal shall be at the expense of the owner of the vehicle.

 

Notes

234	Added, Bill No. 970035 (approved July 1, 1997).

§ 12-2406. Recovery of Vehicles; Hearings. 235

   (1)   Any vehicle which has been immobilized or impounded pursuant to the provisions of this Chapter may be recovered by one of the following means:

      (a)   The owner or any person on behalf of the owner may demand an expedited hearing before a Parking Hearing Examiner appointed pursuant to Chapter 12-2800. Such demand shall be made in writing upon a form supplied by the City. Such hearing shall be held not later than the first day, excluding Sunday, following the demand therefor, at a convenient central location during normal business hours, and at such other times and places as the City shall direct. The issue to be determined at such hearing shall be whether reasonable cause existed to believe that the vehicle immobilized or impounded was in violation of the traffic ordinances and laws of the City of Philadelphia or of the Commonwealth of Pennsylvania, and that the towing or booting of such vehicle was authorized by law.

         (.1)   Any person whose vehicle is immobilized or impounded under the provisions of this Chapter shall have the right to leave the vehicle in the City's tow lot or immobilized by a boot, pending the hearing referred to above.

         (.2)   If the Parking Hearing Examiner determines that the vehicle was immobilized or impounded without reasonable cause to believe that it was in violation of the traffic ordinances and laws of the City of Philadelphia or of the Commonwealth of Pennsylvania, or that the towing or booting was unauthorized by law, the owner or any person on behalf of the owner shall be entitled to immediate release and return of the vehicle without the payment of any booting or towing fee or storage charges.

         (.3)   If the Parking Hearing Examiner determines that the vehicle was immobilized or impounded with reasonable cause, the owner may appeal that determination in the manner set forth in Chapter 12-2800, or the owner or any person on behalf of the owner may obtain release of the vehicle by any of the means set forth in subsections (2) and (3) of this Section.

   (2)   The owner or any person on behalf of the owner may obtain immediate release of the vehicle by the payment in full of all delinquent parking tickets issued to any and all vehicles registered in the name of the owner of the vehicle that is to be recovered, booting and/or towing fee and accrued storage charges. Such payment shall constitute a waiver of the right to contest the parking tickets, the tow and/or booting fee and any storage charges. 236

   (3)   The owner or any person on behalf of the owner may obtain immediate release of the vehicle by posting a bond equal to the amount of the unpaid parking tickets issued to any and all vehicles registered in the name of the owner of the vehicle that is to be recovered, booting and/or towing fees and accrued storage fees. Such bond shall be obtained in order to ensure the alleged violator's appearance before a Parking Hearing Examiner as set forth in Chapter 12-2800 and shall be held as collateral until a hearing on the underlying parking violations is completed and a determination of liability is made pursuant to Chapter 12-2800. 237

   (4)   The owner or any person on behalf of the owner may waive the right to an expedited hearing as set forth in subsection (1) or immediate release of the vehicle as set forth in subsections (2) and (3) and await a hearing in due course on the underlying parking violations according to the regular procedures of Chapter 12-2800.

   (5)   Any person found not liable for the underlying parking violations at the hearing pursuant to Chapter 12-2800 or pursuant to any subsequent appeal shall have the right upon presentation of evidence thereof, to immediate return of the vehicle without payment of any booting, towing or storage fees, or to the refund within thirty (30) days of the discharge or acquittal of any bond posted, or booting and/or towing fees and storage charges previously paid.

   (6)   No person shall be permitted to release from any boot or remove from any Official Towing Station any vehicle immobilized or impounded under the provisions of this Chapter except by any of the means described above, or, unless the person found liable has entered into an Installment Payment Plan with the Finance Director's Office pursuant to Chapter 12-2800, and that Office has ordered the release of the vehicle.

   (7)   All notices provided for in this Section shall be given in both Spanish and English.

   (8)   When any impounded vehicle is returned to its owner, or any person on behalf of the owner, such person shall sign a receipt for the vehicle after furnishing satisfactory evidence of his identify and ownership of the vehicle, or agency on behalf of the owner.

   (9)   In addition to any other requirement under this Section 12-2406, if a vehicle has been towed as an abandoned vehicle under this Chapter, its owner, or any person on behalf of its owner may reclaim the vehicle only upon presentation of proof that the vehicle is currently registered with the Department of Motor Vehicles of the state within which its owner resides; if that state requires that motor vehicles registered therein must be periodically inspected to insure roadworthiness, the vehicle must exhibit a concurrently valid sticker or placard attesting to such an inspection in order for the vehicle to be driven; if the vehicle does not exhibit such a required inspection sticker or placard, the vehicle may only be removed by a vehicle licensed to tow or carry other vehicles. 238

   (10)   Disposition of unclaimed vehicles. If the registered owner of a vehicle impounded pursuant to this Chapter or other provision of law fails to reclaim his or her vehicle from an Official Towing Station within fifteen (15) days after the issuance of a notice that the vehicle has been towed and may be reclaimed; and, if notice was sent to a lienholder, the vehicle remains unclaimed more than fifteen (15) days after the issuance of such notice, then, at any time thereafter: 239

      (a)   The Department may declare such vehicle abandoned within the meaning of Section 102 of the Pennsylvania Vehicle Code, 75 Pa. C.S. §§ 101 et seq., and dispose of it 240 accordingly; or

      (b)   If fines, penalties or charges relating to the towing and storage of the vehicle, or any outstanding parking tickets, are owing, the Department or its designated agent may takes such steps as are necessary to recover payment of such fines, penalties, charges or outstanding tickets, including but not limited to auction of the vehicle pursuant to court order.

 

Notes

235	Amended, 1983 Ordinances, p. 349; amended, 1989 Ordinances, p. 72.
236	Amended, Bill No. 130565 (approved October 23, 2013), effective November 22, 2013.
237	Amended, Bill No. 130565 (approved October 23, 2013), effective November 22, 2013.
238	Added and former subsection (9) renumbered, 1989 Ordinances, p. 1374.
239	Amended, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527.
240	Enrolled Bill No. 747 read "if" in error.

§ 12-2406.1. Fees and Charges. 241

   (1)   Fees shall be assessed to cover the costs of immobilization and/or impoundment of any vehicle or combinations immobilized or impounded pursuant to the provisions of this Chapter or other provisions of law: 242

      (a)   A one hundred fifty dollar ($150) boot fee and/or a one hundred seventy-five dollar ($175) towing and removal fee for vehicles or combinations under 11,000 pounds; and

      (b)   A one hundred fifty dollar ($150) boot fee and/or a two hundred fifty dollar ($250) towing and removal fee for vehicles or combinations at or over 11,000 pounds up to 17,000 pounds; and

      (c)   A one hundred fifty dollar ($150) boot fee and/or a three hundred sixty dollar ($360) towing and removal fee for vehicles or combinations at or over 17,000 pounds.

   (2)   Storage charges for the storage of any vehicle or combination impounded under the provisions of the Chapter or other provisions of law shall be calculated: 243

      (a)   At the rate of twenty-five dollars ($25) for each twenty-four hour period or fraction thereof, for the first five (5) days of impoundment, and twenty-five dollars ($25) for each twenty-four (24) hour period or fraction thereof thereafter for vehicles under 11,000 pounds; and

      (b)   At the rate of forty dollars ($40) for each twenty-four hour period or fraction thereof, for vehicles at or over 11,000 pounds up to 17,000 pounds; and

      (c)   At the rate of seventy-five dollars ($75) for each twenty-four hour period or fraction thereof, for vehicles at or over 17,000 pounds.

   (3)   The foregoing charges shall not be assessed against the owner of any vehicle taken into custody by the Department in the course of a criminal investigation, except that such charges shall be assessed if: 244

      (a)   The vehicle is not reclaimed within twenty-four (24) hours of notice to reclaim the vehicle; or

      (b)   The owner of the vehicle is arrested and charged with an offense related to such investigation; provided, however, that, if the owner is acquitted of all charges, or all charges are dropped, the owner shall have the right to reimbursement of such fees.

   (4)   Notwithstanding the foregoing, no more than fifteen dollars ($15) shall be charged to the owner of any vehicle taken into custody by a towing company on behalf of the Department to cover the City's administrative costs related to towing, storage and recovery when the vehicle has been reported stolen to the Police Department or illegally used by a person other than the owner of the vehicle, without his authorization, express or implied. 245

   (5)   No vehicle towed to an Official Towing Station shall be released to its owner, lienholder or anyone claiming a right of possession until all outstanding fees, charges and fines are paid. Any person who disputes the validity or the amount of such fees, charges or fines may demand an expedited hearing pursuant to Section 12-2406; except that, for vehicles towed pursuant to provisions of law other than this Chapter, such hearing may only be had after the Police Department determines the vehicle is available to be reclaimed, and the only issue at such hearing shall be the validity and amount of the fees, charges and fines. Prior to such determination, a vehicle may only be reclaimed pursuant to Police Department regulations or to the Rules of Criminal Procedure. 246

   (6)   No more than one hundred five dollars ($105) shall be charged to the owner of any vehicle to cover the costs related to towing and recovery when the vehicle has been reported stolen to the Police Department or illegally used by a person other than the owner of the vehicle, without his authorization, express or implied. This amount is inclusive of the City's fifteen dollar ($15) administrative cost. 247

   (7)   No towing company may charge more than eighteen dollars ($18) per day for storage of a vehicle that has been reported stolen by its owner to the Police Department, or illegally used by another person other than the owner of the vehicle, without his authorization, express or implied, up to a maximum of one hundred seventy-five dollars ($175) in total storage charges. 248

 

Notes

241	Added, 1983 Ordinances, p. 349; amended, 1990 Ordinances, p. 211; amended, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527; amended, Bill No. 100536 (approved February 15, 2011), effective May 1, 2011.
242	Amended, Bill No. 020763 (approved March 3, 2003), effective April 1, 2003; amended, Bill No. 060447 (approved July 5, 2006), effective August 4, 2006; amended, Bill No. 080210 (approved April 28, 2008); amended, Bill No. 080857 (approved December 16, 2008), effective January 15, 2009.
243	Amended, Bill No. 020763 (approved March 3, 2003), effective April 1, 2003; amended, Bill No. 060447 (approved July 5, 2006), effective August 4, 2006; amended, Bill No. 080210 (approved April 28, 2008), amended, Bill No. 080857 (approved December 16, 2008), effective January 15, 2009.
244	Added, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527.
245	Added, Bill No. 060636-A (approved February 7, 2007).
246	Added, Bill No. 747 (approved April 19, 1995), 1995 Ordinances, p. 527; renumbered, Bill No. 060636-A (approved February 7, 2007).
247	Added, Bill No. 090714-A (approved January 13, 2010).
248	Added, Bill No. 090714-A (approved January 13, 2010).

§ 12-2406.2. Damage to Vehicle Booting Devices. 249

   (1)   It shall be unlawful for any person to remove, attempt to remove, deface, damage, tamper with, open or wilfully break, destroy or impair the usefulness of any vehicle booting device attached to a vehicle pursuant to the provisions of this Chapter, except by the means described in Section 12-2406.

   (2)   Notwithstanding any other provision of this Title, any person violating subsection 12-2406.2(1) shall be subject to a fine or penalty of one thousand dollars ($1,000), or to imprisonment not exceeding ninety (90) days for each offense. 250

 

Notes

249	Added, 1992 Ordinances, p. 812.
250	Amended, Bill No. 080945 (approved February 25, 2009).

§ 12-2407. Records.

   (1)   The Department shall keep a record of the following:

      (a)   The names of all owners of vehicles impounded;

      (b)   The names of all persons claiming such vehicles;

      (c)   The license numbers and such information as may identify the vehicle;

      (d)   Nature and circumstances of the impounding of the vehicle;

      (e)   The violation of the law or ordinance on account of which the vehicle was impounded;

      (f)   The final disposition of each case.

§ 12-2408. Other Proceedings.

   (1)   Nothing in this Chapter is intended to prohibit the Department from instituting legal proceedings charging the owner or driver of any vehicle with the violation of any other law or ordinance.

§ 12-2409. Towing Zone Locations and Hours. 251

   (1)   Hours as posted: 252

      On all streets from Bainbridge to Spring Garden street and between the Schuylkill River and the Delaware River. 253

      Broad street, from Spring Garden street to Hunting Park avenue, both sides. 254

      On all streets from Spruce street to Washington avenue and from Sixth street to the Delaware River.

      Christopher Columbus boulevard, 232 feet north of Lewellen street to a point 327 feet north of Lewellen street, west side.

      On all streets from the Schuylkill River on the east, University avenue/Woodland avenue on the south, Fortieth street on the west, and by a line along Filbert street, between Fortieth street and Thirty-fourth street, along Thirty-fourth street to Arch street, along Arch street, between Thirty-fourth street and the Schuylkill River. 255

      Eadom street, from Kennedy street to Fraley street, east side. 256

      On all streets within the area bounded by City avenue, Sixty-sixth street, Malvern avenue, Gainor road, and Bryn Mawr avenue. 257

      Brill street, between Torresdale avenue and Aramingo avenue, north side. 258

      Civic Center boulevard, Convention avenue to a point two hundred ninety feet south thereof, west side. 259

   (2)   At all hours:

      Buttonwood street, from Sixteenth street to Seventeenth street, both sides.

      Sixteenth street, from Hamilton street to Spring Garden street, both sides.

      Opal street, from Locust street to a point thirty-three feet south, both sides.

   (3)   Hours as posted:

      Broad street, from Montgomery avenue to Norris street, both sides.

      Thirteenth street, from Montgomery avenue to Norris street, both sides.

      Norris street, from Thirteenth street to Broad street, both sides.

      Montgomery avenue, from Thirteenth street to Broad street, north side.

      Norris street, from Twelfth street to Thirteenth street, south side.

      Fifteenth street, from Norris street to Euclid street, both sides.

      Sydenham street, from Columbia avenue to Montgomery avenue, east side.

      Green street, from Tenth street to Eleventh street, both sides. 260

   (4)   At all hours: 261

      D street, from a point one hundred and sixty-six feet south of Tioga street to a point three hundred and twenty-five feet south of Tioga street, east side.

      Olney avenue, from west curb line Broad street to a point one hundred fifty-two feet west thereof, north side.

      Lambert street, from Spencer street to a point forty-eight feet north thereof, east side.

      Morris street, from Broad street to Watts street, south side.

      Girard avenue, from Thirty-fourth street to Thirty-eighth street, both sides.

      J street, from one hundred five feet to one hundred seventy feet north of Ontario street, west side.

 

Notes

251	Amended, 1956 Ordinances, p. 412; amended, 1965 Ordinances, pp. 369 and 867; amended, 1966 Ordinances, pp. 260 and 1148; amended, 1973 Ordinances, p. 593; amended, Bill No. 1048 (approved July 25, 1995), 1995 Ordinances, p. 1144.
252	Amended, 1974 Ordinances, p. 363; amended, 1974 Ordinances, p. 1155; amended, 1974 Ordinances, p. 1157; amended, 1976 Ordinances, pp. 6 and 24; amended, Bill No. 1048 (approved July 25, 1995).
253	Amended, Bill No. 080406 (approved June 18, 2008).
254	Added, Bill No. 080406 (approved June 18, 2008).
255	Added and other locations deleted, Bill No. 080946 (approved February 25, 2009). Enrolled bill read "Schullkill River" and "Schulykill River"; corrected by Code editor.
256	Added, Bill No. 980447 (approved December 15, 1998).
257	Added, Bill No. 030720 (approved December 18, 2003).
258	Omitted in error from previous editions; re-inserted by Code editor.
259	Omitted in error from previous editions; re-inserted by Code editor.
260	Added, Bill No. 000510 (approved November 15, 2000).
261	Amended, 1974 Ordinances, p. 81; amended, 1974 Ordinances, p. 345; amended, 1975 Ordinances, pp. 10, 51 and 212; amended, 1976 Ordinances, p 149.