Loading...
(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.
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.
(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. |
(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.
Notes
| 344 | Caption amended, Bill No. 120106-A (approved June 6, 2012), effective December 3, 2012. |
| 345 | |
| 346 | Amended, Bill No. 110757 (approved December 14, 2011), effective March 13, 2012. |
(1) In answer to a parking ticket or notice of violation, a person to whom such ticket or notice was issued may:
(a) admit the commission of the violation by payment of the fines, and any costs and additional fees due; 348
(b) admit with explanation;
(c) deny liability and request a hearing in person with respect to the parking violation;
(d) deny liability and request a hearing by telephone provided that the respondent satisfies any definition under subsection 12-1117(1)(a), (b), or (h) of The Philadelphia Code (relating to "Physically handicapped and disabled or severely disabled veteran parking"); or
(e) deny liability and request that adjudication be conducted by submission of written testimony and other evidence using the mail or by electronic submission, including but not limited to, email, website or facsimile transmissions.
(2) The regulations issued by the Director of Finance pursuant to subsection 12-2802(1) shall provide for the manner by which a parking ticket or notice of violation may be answered and contested. The regulations shall provide for the answer and review of contested violations by personal appearance, by mail, by telephone, by submission of written testimony and other evidence using the mail or by electronic submission, including but not limited to, email, website or facsimile transmissions, or in such other manner as the Director of Finance deems appropriate, including, without limitation, telephonic hearings, if needed, to resolve a contest raised by subsection 12-2806(1)(e). The Parking Authority is required to provide access by hyperlink on the Parking Authority Website to any website that the Director of Finance shall designate for electronic submission.
(3) A person who admits the commission of a parking violation shall, and a person who admits with explanation may, at the time of submission of the answer, pay the civil fines and costs, and any additional fees as may be due for failure to answer within the time required.
(4) If the person to whom a parking ticket or notice of violation is issued is a minor, such person shall be permitted to contest the violation or otherwise admit responsibility for a parking violation without the necessity of the appointment of a guardian, and the City may proceed against such person in the same manner as if that person were an adult.
Notes
| 347 | Amended, Bill No. 120106-A (approved June 6, 2012), effective December 3, 2012. |
| 348 | Amended, Bill No. 110757 (approved December 14, 2011), effective March 13, 2012. |
(1) Each adjudication of a parking violation pursuant to this Chapter shall be conducted by a Parking Hearing Examiner.
(2) The officer issuing the ticket shall not be required to appear at the hearing unless the respondent has denied liability and the Parking Hearing Examiner determines that the officer's participation is required. The Parking Hearing Examiner may grant a reasonable continuance if the officer is not available. The Parking Hearing Examiner may also issue a subpoena to compel the production of any document, paper or record relevant to the violation charged. The City shall not be required to submit any evidence other than the parking ticket and information from a state department of motor vehicles identifying the owner of the vehicle. Such documentation in proper form (including without limitation any facsimile of the original parking ticket and the information from a state department of motor vehicles which has been transferred onto microfilm, computer tape or other form of data storage) shall be considered prima facie evidence that the registered owner of the vehicle was the person who committed the parking violation. The participation of an attorney or other representative of the City shall not be required.
(3) If a person (i) fails to answer or (ii) fails to appear at a hearing when required to do so, or (iii) fails to timely contest the parking violation by mail or by electronic submission, or (iv) having admitted commission of the parking violation (with or without explanation), fails to pay the fines, costs and additional fees assessed, the Parking Hearing Examiner shall enter an order by default sustaining the charges, fix the appropriate fine and assess appropriate costs and additional fees, if any.
(4) An order by default may be vacated by the Parking Hearing Examiner within one (1) year after its entry only upon written application setting forth (i) a sufficient defense to the charge, and (ii) excusable neglect as to the respondent's failure to timely submit testimony and evidence or attend the hearing. If a notice of violation was mailed to the registered owner at the address appearing on the registry of a state department of motor vehicles, the failure to receive such notice shall not be considered a defense unless the owner can prove that a state department of motor vehicles was advised of the owner's change of address prior to the date of the parking violation.
(5) Adjudications shall be conducted in a fair and appropriate manner, regardless of the form of adjudication chosen by the respondent. Technical rules of evidence shall not apply, and all relevant evidence of reasonably probative value may be received. All testimony shall be given under oath or affirmation. Written testimony shall be signed by the witness. A record shall be made of all adjudications, and recording devices may be used for such purposes.
(6) After due consideration of the evidence and arguments offered on a contested violation, the Parking Hearing Examiner shall determine whether the charges have been established. If the Parking Hearing Examiner determines the charges have not been established, an order dismissing the charges shall be entered. If the Parking Hearing Examiner determines the charges have been established, an order sustaining the charges, fixing the appropriate fine, and assessing costs and additional fees, if any, as appropriate shall be entered.
(7) Upon entry of an order determining liability for a parking violation, the Parking Authority shall notify the operator or owner (i) of the violation charged, and (ii) of the entry of an order determining liability for a parking violation.
(8) Any person who has received a parking ticket, a parking citation or a summons from the Philadelphia Traffic Court charging a parking violation prior to the effective date of this Chapter may elect to contest the violation before the Director of Finance under the procedures set forth in this Chapter for the contesting of civil parking violations. If a person elects to contest the violation before the Director of Finance, he shall consent to the jurisdiction of the Director of Finance and the adjudication of the violation by the Director of Finance, and the Parking Authority shall notify the Traffic Court that the City requests a dismissal of the summary proceeding for the parking violation in question.
Notes
| 349 | Caption and Section amended, Bill No. 120106-A (approved June 6, 2012), effective December 3, 2012. |
(1) The Director of Finance shall constitute Parking Appeals Panels which shall consist of one (1) or more persons, but in no event shall the Parking Hearing Examiner from whose decision the appeal is taken be included in the panel determining said appeal.
(2) An appeal from a determination of any Parking Hearing Examiner after adjudication of a plea denying liability, or from a determination denying a motion to reopen any matter, shall be submitted to a Parking Appeals Panel which shall have power to review the facts and the law, and shall have power to affirm the determination or to reverse or modify any determination appealed from for error of fact or law, or to remand for additional proceedings, or, in appropriate cases, to hear the matter de novo. 350
(3) A party aggrieved by the final determination of a Parking Hearing Examiner may obtain a review thereof by serving upon the Parking Authority, within thirty (30) days of the entry of such final determination, a notice of appeal on a form provided by the Parking Authority, setting forth the reasons why the final determination should be reversed or modified. Service of the notice of appeal upon the Parking Authority shall be made by certified or registered mail, return receipt requested; by first-class United States mail; by commercial delivery service; or in person. Appellant bears the burden of proving he or she timely appealed and cannot blame delivery service, unless using a method that provides proof of delivery. Upon receipt of such notice of appeal, the Finance Director's Office shall furnish to the appellant written acknowledgement of the date the appeal was filed and, upon request and at the appellant's expense, a copy of the audio recording of the original hearing by the Bureau of Administrative Adjudication. No appeal shall be conducted less than ten (10) days after the mailing of the audio recording to the appellant. 351
For purposes of calculating the time period for filing a notice of appeal, pursuant to this subsection, the 30 day period shall be computed so as to exclude the first and include the last day of such period. Whenever the 30th day shall fall on Saturday or Sunday, or on any day made a legal holiday by the laws of this Commonwealth or of the United States, such day shall be omitted from the computation. 352
(4) Appeals shall be conducted in the presence of the appellant or his attorney, or both, if such right of appearance is expressly requested by the appellant in his notice of appeal and upon his complying with the regulations of the Director of Finance. If the appellant elects to appear, the Parking Authority within thirty (30) days after the receipt of the notice of appeal shall advise the appellant, either personally or by ordinary first class mail, of the date on which he shall appear. No appeal shall be conducted less than ten (10) days after the mailing of such notification. A record shall be made of any de novo hearings on appeal, and recording devices may be used for such purposes. The appellant shall be notified in writing of the decision of the Parking Appeals Panel.
(5) The order of a Parking Appeals Panel shall be the final order of the Finance Director's Office. However, in the event that no appeal is taken, the order of the Parking Hearing Examiner shall be the final order. If payment is not made within thirty (30) days after entry of a final order determining liability for a parking violation and fixing fines, costs and additional fees for such violation, such fines, costs and additional fees shall be considered a debt due and owing the City.
(6) If the appellant appeals the final determination of the Parking Appeals Panel to the Court of Common Pleas, the cost of the filing fee for such appeal shall be borne by the losing party. 353
Notes
| 350 | Amended, Bill No. 120106-A (approved June 6, 2012), effective December 3, 2012. |
| 351 | |
| 352 | Added, Bill No. 140441 (approved September 10, 2014), effective December 9, 2014. |
| 353 | Added, Bill No. 180002 (approved April 18, 2018), effective July 1, 2018. |
(1) The civil penalties prescribed for parking violations under the Philadelphia Traffic Code, and payable by a person to whom a parking ticket or notice of violation has been issued, are as set forth in subsection 12-2809(2) or 12-2809(4). Except as provided in subsection 12-2804(8), the total sum of costs and additional fees payable by a person who fails to answer a notice of violation within ten (10) days after the date such notice was issued or within ninety (90) days after issuance of a parking ticket, if ownership information cannot be obtained from a Department of Motor Vehicles, or by a person who, after a hearing pursuant to Section 12-2807, has an order entered against him sustaining the charges, is thirty dollars ($30). In the event that payment is not made within thirty (30) days after entry of a final order determining liability for a parking violation or in the event that a person fails to answer a notice of violation within twenty (20) days after the date of issuance of such notice or fails to appear at a hearing when required to so, an additional fee of thirty-five dollars ($35) shall be added to the amount due and a fee shall be charged equal to the cost charged by any state for driver or vehicle information necessary to advance collection of outstanding penalties, costs, fines, and fees. 355
(2) Basic Penalties.
(a) Any person violating the following provisions of Title 12, shall, upon a final finding of liability pursuant to this Chapter 12-2800, and except as set forth in subsection 12-2809(2)(b), be liable for payment of the civil penalty indicated, in addition to the costs and fees set forth in subsection 12-2809(1): 356
Code Provision | Violation Description | Penalty | |
Code Provision | Violation Description | Penalty | |
12-807(1) | Bicycle Illeg Parking | $15 | |
12-901(1)(a) | Parking on Bridge | $25 | |
12-901(1)(b) | Parking Bus Stop | $50 | |
12-901(1)(c) | Parking School Zone | $35 | |
12-901(1)(d) | Stop Prohibited | $50 | |
12-901(2) | Move Veh to Proh Area | $25 | |
12-901(3) | $100 | ||
12-902(1)(a) | $300 | ||
12-902(1)(b) | $300 | ||
12-903(1) | Disobey Signs – Stopping, Standing, Parking | $50 | |
12-903(2) | Disobey Signs – Standing, Parking | $50 | |
12-903(3) | Disobey Signs – Parking | $25 | |
12-903(6) | $30 | ||
12-906(2) | Parking Load Zone | $30 | |
12-908(1) | $250 | ||
12-908(2) | $250 | ||
12-908(3) | $250 | ||
12-908(4) | Taxi Not in Taxi Stand | $35 | |
12-909(1) | Park Taxi Stand | $30 | |
12-910(3) | $30 | ||
Stop/Block Highway | $50 | ||
12-913(1)(a) | Stopping, Standing, Parking – Prohib Place | ||
(.1) | Double Parking | $50 | |
(.2) | $300 | ||
(.3) | In Intersection | $50 | |
(.4) | In Crosswalk | $50 | |
(.5) | In Safety Zone | $50 | |
(.6) | Street Excavation | $30 | |
(.7) | Railroad Tracks | $30 | |
(.8) | Center of Divided Highway | $30 | |
(.9) | Disobey Signs – Prohib Stopping | $50 | |
(.10) | $75 | ||
(.11) | $75 | ||
(.12) | $150 | ||
12-913(1)(b) | Standing, Parking – Prohib Place | ||
(.1) | Driveway | $50 | |
(.2) | Fire Hydrant | $75 | |
(.3) | Too Close to Corner | $50 | |
(.4) | Too Close to Signals | $35 | |
(.5) | Too Close to Fire Station | $50 | |
(.6) | Streetcar Obstructed | $40 | |
(.7) | Limited Access Highway | $100 | |
(.8) | Disobey Signs – Prohib Standing | $50 | |
12-913(1)(c) | |||
(.1) | Near Railroad Crossing | $30 | |
(.2) | Disobey Signs – Prohib Parking | $40 | |
12-913(2) | Private Property | $25 | |
Improper Parking | $30 | ||
Unattended Vehicle | $30 | ||
12-916(1) | $100 | ||
12-916(2) | Parking Unregistered Vehicle; Parking Without Driver's License; Parking Without Insurance; Parking Without Certificate of Inspection 369 | $40 | |
12-917(5) | $30 | ||
12-917(6) | $100 | ||
12-918(2) | $35 | ||
12-919(2)(a) | $500 | ||
12-919(2)(b) | $500 | ||
12-919(2)(c) | On Street Parking of a Boat, Motor Home, House Coach, House Trailer, Truck Camper, Recreational Cargo Trailer, or Recreational Trailer in Designated Areas 374.1 | $150 | |
$50 | |||
$100 | |||
12-923(f) | $30 | ||
12-1002(1) | Park Unmetered Zone | $25 | |
12-1004(1) | $25 | ||
12-1004(2) | $25 | ||
12-1005(1) | Not Pay Meter Fee | $25 | |
12-1005.1(2) | $300 | ||
12-1006(1) | Overtime Meter | $25 | |
12-1113(3) | Park Trolley Stop | $30 | |
12-1117(3)(f) | $300 | ||
12-1117(4)(b)(.1) | $300 | ||
12-1117(4)(b)(.2) | $1,000 | ||
12-1117(4)(c) | $1,000 | ||
12-1120(2) | $300 | ||
$100 | |||
12-1124(1) | Mobile Home Parking | $50 | |
$100 | |||
12-1127(1),(2),(3) | $100 | ||
$300 | |||
$300 | |||
12-1402(3) | Illeg Placed Ticket | $50 | |
12-1604(1) | $100 | ||
12-1604(2) | $100 | ||
12-2502(4)(a) | $50 | ||
12-2709(1) | |||
12-2709(7) | $300 | ||
$300 | |||
(b) Any person violating the following provisions of Title 12 in the Center City area, bounded by Spring Garden street, Bainbridge street, the Schuylkill River and the Delaware River, or in the University City area, bounded by 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, on the north, shall, upon a final finding of liability pursuant to this Chapter 12-2800, be liable for the payment of the civil penalty indicated, in addition to the costs and fees set forth in subsection 12-2809(1): 394
Code Provision | Violation Description | Penalty | |
Code Provision | Violation Description | Penalty | |
12-901(1)(b) | Parking Bus Stop | $75 | |
12-901(1)(d) | Stop Prohibited | $75 | |
12-903(1) | Disobey Signs – Stopping, Standing, Parking | $75 | |
12-903(2) | Disobey Signs – Standing, Parking | $75 | |
12-903(3) | Disobey Signs – Parking | $35 | |
12-906(2) | Parking Load Zone | $50 | |
Stop/Block Highway | $75 | ||
12-913(1)(a) | Stopping, Standing, Parking – Prohib Place | ||
(.1) | Double Parking | $75 | |
(.2) | On Sidewalk | $75 | |
(.3) | In Intersection | $75 | |
(.4) | In Crosswalk | $75 | |
(.5) | In Safety Zone | $75 | |
(.9) | Disobey Signs – Prohib Stopping | $75 | |
(.11) | $125 | ||
12-913(1)(b) | Standing, Parking – Prohib Place | ||
(.1) | Driveway | $75 | |
(.2) | Fire Hydrant | $75 | |
(.3) | Too Close to Corner | $75 | |
(.4) | Too Close to Signals | $35 | |
(.8) | Disobey Signs – Prohib Standing | $75 | |
12-913(1)(c) | |||
(.2) | Disobey Signs – Prohib Parking | $50 | |
12-923(f) | $50 | ||
12-1005(1) | Not Pay Meter Fee | $35 | |
12-1006(1) | Overtime Meter | $35 | |
12-2709(1) | $35 | ||
(4) Notwithstanding the penalties enumerated in subsection 12-2809(2), any person violating the provisions of Title 12, as enumerated in subsection 12-2809(2), upon a finding of liability pursuant to this Chapter 12-2800, shall be liable for payment of a civil penalty of one hundred dollars ($100), in addition to the costs and fees set forth in subsection 12-2809(1), when the violation has the effect of impeding the passage of a publicly operated mass transit or common carrier passenger streetcar, trackless trolley or motor bus, such as those operated by Southeastern Pennsylvania Transportation Authority, New Jersey Transit, Greyhound or Trailways, or any school bus. 396
(b) For purposes of this Chapter, a chronic parking violator shall mean:
(.1) Any person owing penalties set forth in subsection 12-2809(2), 399 or other costs, fees, or fines related thereto in excess of five hundred dollars ($500) or to whom three (3) or more open and unpaid parking tickets or violation notices have been issued, without regard to particular license plate or vehicle identification numbers; and
(.2) Any person who is the owner or registrant of a vehicle for which registration has been suspended or denied pursuant to 75 Pa. C.S. § 1379.
(a) Amnesty Criteria:
(.1) The Amnesty Program shall be for a Two Month period: March 1, 2018 to April 30, 2018.
(.2) All parking tickets issued prior to calendar year 2013 will be eligible for forgiveness under this Amnesty Program.
(.a) The definition of eligible parking ticket is as follows:
(.b) All open parking violations for which there has been no response.
(.c) All open parking violations which have had a hearing and have been found liable and remain unpaid.
(.d) All parking violations under a payment plan.
(.e) All parking violations which have a voluntary partial payment on the fine or penalty amount.
(.3) Payment in full of all fines and penalties for violations issued in the calendar years 2013, 2014, 2015, 2016, & 2017, will immediately grant Amnesty for all parking violations fines and penalties for all years prior to 2013. Payment in full is for all vehicles owned, leased or rented, or;
(.4) Entering into a payment plan for all fines and penalties for violations issued in the calendar years 2013, 2014, 2015, 2016, & 2017. Entering into a payment will grant Amnesty for all parking violation fines and penalties for all years prior to 2013. Upon successful completion of the payment plan Amnesty shall be granted. A ten percent (10%) down payment of the total due will be required. The payment plan will be for all vehicles owned, leased or rented.
(.5) If a participant has no outstanding fines or penalties for the years 2013, 2014, 2015, 2016, or 2017, but has fines and penalties due for years prior to 2013, amnesty shall be granted upon payment of a fifty dollar ($50) administrative fee.
(.6) Towing and Storage fees to be included in the Amnesty Program:
(.a) All outstanding towing and storage fees incurred prior to calendar year 2015 are eligible for the amnesty program.
(i) This includes any open fees which have had no response, any fees which have had a hearing and have been found liable, any fees which have entered into a payment plan and any fees which have a voluntary partial payment on the fee amount.
(ii) Any participant owing outstanding towing and storage fees, on an impounded vehicle which was publicly auctioned, will be eligible to participate in the amnesty program and receive a discount/forgiveness on the outstanding fees, as follows:
(A) Upon full payment of thirty percent (30%) of the current total amount due on outstanding towing and storage fees, the remaining seventy percent (70%) shall be forgiven.
(B) In order to obtain this amnesty/forgiveness, the thirty percent (30%) payment must be in one payment. There will be no time payments permitted on towing and storage fees under the amnesty program.
(b) Payment:
(.1) Checks will not be accepted. To qualify for a monthly payment plan, a credit/debit card or United States currency must be utilized, payments will be scheduled automatically each month from the credit/debit card which is presented.
(.2) Payment Plans will be for twenty-four (24) months, unless a shorter period is requested by the participant entering into the payment plan.
(.3) Payments will be scheduled to be deducted from the presented credit/debit card on the 15th day of each month.
(.4) If a participant does not have a credit/debit card, the participant must make payment in person at a Parking Authority location utilizing United States currency on or before the due date of the monthly payment.
(c) Defaulting on Payment Arrangements:
(1.) If a default under the payment plan occurs, Amnesty is forfeited unless special circumstances can be shown.
(d) Enforcement Actions during Amnesty Program: Participants shall not be subject to booting or towing for the years covered by this Amnesty Program while in compliance with a payment plan under this Amnesty Program.
(e) Registration Suspend Program: The Registration Suspend Program, which is Authorized by Commonwealth Statute, shall remain in effect during the Amnesty Program. Any registration which is already suspended may participate in the Amnesty Program by paying the full amount of the original fines, as listed above in this ordinance. There shall be no time payment plans issued during the Amnesty Program for Violations included in registration suspend. Upon payment in full of the original fine amounts which initiated the registration suspension, the suspension will be lifted.
(f) Parking Authority Financial Terms: The Philadelphia Parking Authority may only reimburse 401 its current contractors/subcontractors for the actual costs incurred in operating the Amnesty Program.
(g) Specific Duties of the Parking Authority:
(.1) It shall be the duty of the Philadelphia Parking Authority to widely advertise this Amnesty Program.
(.a) The Authority is to do this through the use of the free news media by issuing daily press releases to all media outlets in the Philadelphia area. All available Social Media Outlets shall be utilized, including the Parking Authority's Web Site and the Authority's Facebook Accounts.
(.b) Advertising shall commence 15 days prior to the beginning of the Amnesty Program.
(.c) A listing of all advertising shall be compiled by the Authority and a report on the advertising completed shall be reported to all Members of City Council on a weekly basis. This report shall be distributed to all Members of Council on each Wednesday during the Amnesty Program.
(.2) A listing of all payments received shall be compiled by the Authority, including the number of participants enrolled in the Amnesty Program, this will be reported to all Members of City Council on a weekly basis. This report shall be distributed to all Members of Council on each Wednesday during the Amnesty Program.
(.3) The Parking Authority and the Bureau of Administration shall maintain hours of operation for the public to enroll in the Amnesty Program.
(.4) The Chairman of the Board of the Philadelphia Parking Authority with the approval of the Board of Directors, shall appoint a senior member of management to be fully in charge and responsible for the operation of the Amnesty Program.
(.a) This appointment must be done within three days of this Ordinance becoming Law.
(.b) The Board Chairman shall notify all Members of City Council of this appointment in writing prior to the expiration of the allotted three-day period.
(.5) Notice:
(.a) There shall be two (2) separate notices mailed to those eligible for the Amnesty Program.
(i) One notice shall be mailed 15 days prior to the beginning of the Program.
(ii) One updated notice shall be mailed 30 days after the beginning of the Program.
(.b) Notices shall contain the amount due on each violation, the issue date of the violation, and the plate to which the violation was issued. The notice shall list the amount which is originally due and the amount which would be due under the amnesty program. The notice shall also indicate the savings the participant would be eligible to save if enrolled in the Amnesty Program.
(h) Future Amnesty Programs: There shall be no additional Parking Violation Amnesty Programs approved by City Council for a period of four (4) years from the conclusion of this Amnesty Program.
Notes
| 354 | Amended, Bill No. 060447 (approved July 5, 2006), effective August 4, 2006, by making multiple changes to subsections (1) and (2), and adding new subsection (5). |
| Section 12-2809 - Conditional Amendment | This section has been amended by Bill No. 240613-AA (approved December 18, 2024). Section 3 of Bill No. 240613-AA provides: "This Ordinance shall be effective the later of 180 days after it becomes law or 30 days after the effective date of regulations implementing eligibility guidelines for low-income applicants." |
| 355 | Amended, 1992 Ordinances, p. 754; amended, 1992 Ordinances, p. 815; amended, Bill No. 060447 (approved July 5, 2006), effective August 4, 2006; amended, Bill No. 110757 (approved December 14, 2011), effective March 13, 2012; amended, Bill No. 130562 (approved October 23, 2013), effective November 22, 2013. |
| 356 | Amended, 1990 Ordinances, p. 211; amended, Bill No. 970 (approved May 1, 1995), 1995 Ordinances, p. 531, effective July 30, 1995; amended, Bill No. 020763 (approved March 3, 2003), effective April 1, 2003; amended, Bill No. 080857 (approved December 16, 2008), effective January 15, 2009 (amending penalty in connection with Code Sections 12-901(1)(b); 12-901(1)(d); 12-903(1); 12-903(2); 12-912; 12-913(1)(a)(.2), (.3), (.4), (.5) and (.9); 12-913(1)(b)(.1), (.2), (.3) and (.8); and 12-913(1)(c)(.2)). Bill No. 050864 (approved January 24, 2006) would have added references to subsections 12-1004(4) and 12-1004(5); however, those subsections never became effective (see note 136), so the references are not included herein. |
| 357 | Amended, Bill No. 960846-A (approved April 18, 1997). |
| 358 | Amended, Bill No. 970215 (approved July 1, 1997); amended, Bill. No. 080648 (approved November 19, 2008). |
| 359 | Amended, Bill No. 970215 (approved July 1, 1997); amended, Bill. No. 080648 (approved November 19, 2008). |
| 360 | Added, 1992 Ordinances, p. 661. |
| 361 | Amended, Bill No. 030417 (approved July 31, 2003). |
| 362 | Amended, Bill No. 030417 (approved July 31, 2003). |
| 363 | Amended, Bill No. 030417 (approved July 31, 2003). |
| 364 | Added, Bill No. 230487 (approved November 13, 2023), effective December 13, 2023. |
| 365 | Amended, Bill No. 210675 (approved December 15, 2021). |
| 366 | Added, Bill No. 970324 (approved July 1, 1997). |
| 366.1 | Added, Bill No. 240657 (approved November 13, 2024). |
| 366.2 | Added, Bill No. 240749 (approved November 13, 2024). |
| 367 | |
| 368 | Added, 1992 Ordinances, p. 859. |
| 369 | Amended, Bill No. 000179 (approved June 16, 2000). |
| 370 | Added, Bill No. 970403 (approved May 19, 1998). |
| 371 | Added, Bill No. 970403 (approved May 19, 1998); amended Bill No. 040471 (approved June 21, 2004). |
| 372 | Added, Bill No. 060761 (approved January 23, 2007). |
| 373 | |
| 374 | |
| 374.1 | Added, Bill No. 240475 (approved June 26, 2024). |
| 375 | Added, Bill No. 110827 (approved December 21, 2011). |
| 375.1 | Added, Bill No. 240158 (approved May 1, 2024), effective June 30, 2024. |
| 375.2 | Added, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025. |
| 376 | |
| 377 | |
| 378 | Added, Bill No. 100285 (approved June 23, 2010), effective July 23, 2010. |
| 379 | Added, Bill No. 000358 (approved January 23, 2001). |
| 380 | Amended, 1990 Ordinances, p. 182; renumbered, Bill No. 080149 (approved November 19, 2008). |
| 381 | Added, Bill No. 080149 (approved November 19, 2008). |
| 382 | Added, Bill No. 080149 (approved November 19, 2008). |
| 383 | Amended, Bill No. 000179 (approved June 16, 2000). |
| 384 | Added, Bill No. 518 (approved March 29, 1995), 1995 Ordinances, p. 156, effective June 27, 1995. |
| 385 | Added, 1993 Ordinances, p. 790; amended, 1994 Ordinances, p. 883; amended Bill No. 040514 (approved July 1, 2004). |
| 386 | Added, 1993 Ordinances, p. 1196. Enrolled bill read 12-1117. Amended, Bill No. 960747 (approved April 30, 1997); amended Bill No. 040514 (approved July 1, 2004). |
| 387 | Added, 1994 Ordinances, p. 748. |
| 388 | Added, Bill No. 070788 (approved November 15, 2007). |
| 389 | Amended, Bill No. 990198 (approved June 28, 1999). |
| 390 | Added, Bill No. 990198 (approved June 28, 1999). |
| 391 | Amended, Bill No. 1198 (approved December 19, 1995), 1995 Ordinances, p. 1339. |
| 391.1 | Added, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025. |
| 392 | Added, Bill No. 100285 (approved June 23, 2010), effective July 23, 2010. |
| 393 | Added, Bill No. 100285 (approved June 23, 2010), effective July 23, 2010. |
| 394 | Added, Bill No. 080857 (approved December 16, 2008), effective January 15, 2009. |
| 394.1 | Added, Bill No. 240657 (approved November 13, 2024). |
| 395 | |
| 395.1 | Added, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025. |
| 395.2 | Added, Bill No. 241063 (approved January 15, 2025), effective February 14, 2025. |
| 396 | Added, 1992 Ordinances, p. 754. |
| 397 | Added, Bill No. 060447 (approved July 5, 2006), effective August 4, 2006. |
| 398 | Enrolled bill read "subparagraph (2) of this subsection". |
| 399 | Enrolled bill read "subparagraph (2) of this subsection". |
| 400 | Added, Bill No. 160111-A (became law January 25, 2018). |
| 401 | Enrolled bill read: "The Philadelphia Parking may only reimburse...." |