CHAPTER 12-2800. ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS 341

 

Notes

341
   Added, 1989 Ordinances, p. 72. Section 4 of the 1989 Ordinance provides: "This Ordinance shall take effect upon the effective date of the regulations issued by the Director of Finance pursuant to the new subsection 12-2802(1) of The Philadelphia Code added by Section 1 of this Ordinance. The Director of Finance shall issue such regulations within one hundred twenty (120) days of the date of final passage of this Ordinance." The subject regulations were effective June 30, 1989.
§ 12-2801. Legislative Findings.
   The Council of the City of Philadelphia hereby finds:
   (1)   That the City of Philadelphia, in the exercise of its police powers to regulate parking, stopping and standing of vehicles within the City of Philadelphia, has enacted the comprehensive Traffic Code which was intended to provide a rational system for the enforcement of parking regulations, promote public safety and convenience, provide for the unencumbered flow of traffic and transit operations, and enhance economic activity by ensuring an adequate supply of short-term curbside parking;
   (2)   That since 1981, several blue ribbon panels have concluded that the current system of parking violation enforcement within the criminal justice system has resulted in the improper and inefficient allocation of parking violation enforcement responsibility between the judiciary and the executive branch of Philadelphia City government; the absence of centralized and uniform parking policymaking in the City; an unmanageable volume of cases in the Traffic Court; unfairness to citizens caused by the threat and stigma of a criminal sanction, unreasonable delays between the issuance of a citation and its adjudication in court, and an unpredictable process for contesting citations; and an inefficient system for the collection of parking fines;
   (3)   That the City of Philadelphia, pursuant to its police powers and pertinent provisions of the Pennsylvania Motor Vehicle Code, is authorized to provide for parking violation enforcement outside of the criminal justice system, and an administrative process for the adjudication of parking violations is an efficient, fair and reasonable alternative thereto;
   (4)   That the City of Philadelphia, pursuant to the authority granted it by Section 345 of the Parking Authority Law (53 P.S. §§ 341 et seq.) has, by Ordinance No. 1633 approved April 8, 1983, delegated to the Philadelphia Parking Authority certain powers relating to the administration, supervision and enforcement of on-street parking regulations and the collection on behalf of the City of fines and penalties imposed in connection with the violation of parking regulations; and
   (5)   That a system of administrative adjudication of parking violations should provide for the proper separation of the administrative and executive functions from the adjudicatory function in the enforcement process; establish a unified and comprehensive parking management system; provide for coordinated parking policymaking; promote a fair, uniform and expeditious system for the disposition of parking violations; and increase the collection of parking program revenues.
§ 12-2802. Powers and Duties of The Director of Finance.
   (1)   The Director of Finance shall have the power and duty, unless otherwise provided by this Title, to provide by regulation for the hearing and determination of cases involving alleged violations of provisions of this Title 12 ("Traffic Code") relating to parking, for the imposition of civil penalties, costs and additional fees for such violations, and for the acceptance of payment for such penalties, costs and additional fees, including installment payments with installment payment fees and payments by credit cards, all in accordance with all provisions of this Chapter.
   (2)   The Director of Finance shall appoint such Parking Hearing Examiners and such other persons as shall be necessary to carry out the provisions of this Chapter.
   (3)   In enacting this Chapter, the Council recognizes the Mayor's executive order creating a Parking Adjudication Advisory Panel, and in accordance with the provisions of that order, the Finance Director shall, after the final enactment of this Chapter, convene the advisory panel of public officials and private citizens to review proposed rules and regulations covering the adjudication process and to review from time to time the administration of the process to insure its fairness and consistency with legislative intent and with the City's parking management program.
§ 12-2803. Delegation of Functions, Powers and Duties to The Philadelphia Parking Authority.
   In addition to such other functions, powers and duties as have been delegated to the Philadelphia Parking Authority (the "Parking Authority") by statute or ordinance, or by other provisions of this Chapter, the Parking Authority shall have the following functions, powers and duties in connection with the administrative adjudication system established by this Chapter:
   (1)   To receive and process answers to charges of alleged violations and to refer contested answers to the Finance Director's Office for hearing and determination;
   (2)   To provide administrative, cashiering and data processing support to the Finance Director's Office and to compile and maintain complete and accurate records relating to all charges, dispositions made and payments received by the Finance Director's Office; and
   (3)   To send notices, as required, on behalf of the Finance Director's Office, of orders determining liability, notices to appear, decisions and other actions of the Finance Director's Office.
§ 12-2804. Issuance and Service of Parking Tickets.
   (1)   Any police officer or other duly authorized employee of the City or any agency thereof or of the Parking Authority who observes a parking violation shall serve a parking ticket upon the owner or operator of the vehicle as provided in this Section.
   (2)   The parking ticket shall be in the form established by the Parking Authority and approved by the Director of Finance, and shall contain information advising the person to whom it is issued of the manner in which and the time within which an answer to the violation alleged is required. The parking ticket shall also advise that additional fees and costs may result from a failure to answer, that the failure to answer or appear shall be considered an admission of liability, and that impoundment of the vehicle and other civil action may result from a failure to pay the amount due. A parking ticket in use by the Parking Authority as of the effective date of this Chapter shall be valid notice of a parking violation within the meaning of this Section.
   (3)   A parking ticket may be served upon the owner of the vehicle by affixing the ticket to the vehicle in a conspicuous place. A parking ticket may be served personally upon the operator of a vehicle who is present at the time of service. The plate number and type as shown by the registration plates of the vehicle and the make or model of the vehicle shall be recorded on the ticket. If the license plate is not visible or legible or has been improperly affixed to the vehicle, other appropriate identification may be used, such as the vehicle identification number. The parking ticket shall also contain other sufficient information to identify the vehicle and to inform the person of the nature, date, time and location of the violation alleged. A parking ticket served by affixation as provided in this subsection shall be subject to the same fines, costs and additional fees and shall have the same force and effect as if the parking ticket were personally served on the owner and operator of the vehicle. 342
   (4)   Except as provided in subsection 12-2804(8), a person to whom a parking ticket has been served shall answer within fifteen (15) days after the date the ticket was served. Failure to answer within the prescribed period shall result in the imposition of additional fees as set forth in Section 12-2809. 343
   (5)   The original parking ticket shall be signed by the issuing officer who shall affirm the truth of the facts set forth therein. The original ticket or any true copy thereof (or any facsimile of the original ticket transferred onto microfilm, computer tape, or other form of data storage) shall be considered a record kept in the ordinary course of business of the City and shall be prima facie evidence of the facts contained therein.
   (6)   The Parking Authority shall cause parking tickets to be prepared and distributed to the Police Department and other issuing agencies.
   (7)   An operator of a vehicle who is not the owner thereof but who uses or operates the vehicle with the permission of the owner, express or implied, shall be considered the agent of the owner to receive parking tickets served in accordance with this Section.
   (8)   An owner of a vehicle who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements (the "Lessor") shall not be liable for any fines, costs or additional fees prescribed and assessed pursuant to this Chapter if, within thirty (30) days after a notice of violation is issued pursuant to subsection 12-2805(1) of this Chapter with respect to a parking violation, the Lessor furnishes to the Parking Authority, in such form as the Parking Authority may specify by regulation, the true name, address, driver's license number and state of issuance for the person in possession of the vehicle at the time of the violation (the "Lessee"). The Lessor may, in the alternative, provide a true copy of the lease or rental agreement. The Parking Authority may impose a fee, not to exceed one dollar ($1.00) per parking violation, to cover the costs of administration of this subsection, payable by the Lessor. If the name or address provided by a Lessor for a Lessee is inaccurate, the Lessor shall remain liable for the violation charged.

 

Notes

342
   Amended, Bill No. 110757 (approved December 14, 2011), effective March 13, 2012.
343
   Amended, Bill No. 110757 (approved December 14, 2011), effective March 13, 2012.
§ 12-2805. Notice of Parking Violation. 344
   (1)   The Parking Authority shall, as soon as practicable after learning of the name and address of the owner of the motor vehicle, send a notice by first class mail to the owner of the motor vehicle, and, if known, to the operator, at the address appearing on the registry of a state department of motor vehicles. The notice of violation shall inform the operator or owner: (i) of the parking violation charged, the time and date of the parking violation, and the amount of fines, costs and additional fees that shall become due if the notice of violation is not answered within the period prescribed in Section 12-2809; (ii) of the right to contest a violation at a hearing in person, by telephone if eligible under subsection 12-2806(1)(d), or on written testimony and other evidence submitted by mail or by electronic submission, including but not limited to, email, website or facsimile transmissions; (iii) that a civil action may be commenced against the violator for failure to contest or pay the amount due; and (iv) of such other penalties as may be authorized by statute, ordinance or regulation. 345
   (2)   Any notice permitted or required to be given under this Chapter shall be considered given when mailed by first class mail to the operator, if known, or to the owner at the address appearing on the registry of a state department of motor vehicles.
   (3)   Except as provided in subsection 12-2804(8), a person to whom a notice of violation has been issued shall answer within ten (10) days after the date the notice was issued. 346

 

Notes

344
   Caption amended, Bill No. 120106-A (approved June 6, 2012), effective December 3, 2012.
345
   Amended, Bill No. 110757 (approved December 14, 2011), effective March 13, 2012; amended, Bill No. 120106-A (approved June 6, 2012), effective December 3, 2012.
346
   Amended, Bill No. 110757 (approved December 14, 2011), effective March 13, 2012.
Loading...