Loading...
(1) All-Terrain Vehicle (ATV) shall have the same meaning as used in Section 7702 of the Vehicle Code, 75 Pa. C.S. § 7702.
(2) Dirt Bike shall mean a motorcycle, as defined in Section 102 of the Vehicle Code, 75 Pa. C.S. § 102, that: (1) is not licensed or registered, and (2) does not meet the minimum equipment requirements of Subchapter H of 67 Pa. Code Chapter 175 in Pennsylvania as a motorcycle, with tires and suspension designed and built for riding on unpaved roads and over rough terrain.
(3) Dune Buggy shall mean a low, wide-wheeled motor vehicle that: (1) is not licensed or registered, and (2) does not meet the minimum equipment requirements of Subchapter E of 67 Pa. Code Chapter 175 in Pennsylvania, with tires and suspension designed and built for riding on sand and over rough terrain.
(4) Off-Road Vehicle shall be defined as an ATV, Dune Buggy, or Dirt Bike as defined herein.
(5) No person shall operate, park, stop, stand, place or maintain any all-terrain vehicle on any public sidewalk or any public property, including without limitation any park or recreation facility, except where expressly authorized by law; provided that the owner or a person with lawful permission of the owner may temporarily place an all-terrain vehicle on the sidewalk abutting his or her house or abutting any premises where the vehicle is lawfully stored, for purposes of lawfully transporting the vehicle to a location outside the City. Nothing in this Section prohibits the lawful transport of an all-terrain vehicle on a licensed trailer or other safe carrier, or the manual transport of a vehicle onto or off of such carrier, so long as the motor or engine of the all-terrain vehicle remains off at all times.
(6) No person shall operate, park, stop, stand, place or maintain any Dirt Bike, or Dune Buggy on any public sidewalk or any public property, including without limitation any park or recreation facility, except where expressly authorized by law; provided that the owner or a person with lawful permission of the owner may temporarily place a Dirt Bike or Dune Buggy on the sidewalk abutting their house or abutting any premises where the Dirt Bike or Dune Buggy is lawfully stored, for purposes of lawfully transporting the Dirt Bike or Dune Buggy to a location outside the City. Nothing in this Section prohibits the lawful transport of a Dirt Bike or Dune Buggy on a licensed trailer or other safe carrier, or the manual transport of a vehicle onto or off of such carrier, so long as the motor or engine of the Dirt Bike or Dune Buggy remains off at all times.
(7) The penalty for a violation of this Section, or for violation of any regulation of the Department of Parks and Recreation relating to operating, parking, stopping, standing, placing or maintaining any Off-Road Vehicle, shall be forfeiture of the Off-Road Vehicle; provided that, if the value of the Off-Road Vehicle, in its current condition, is in excess of two thousand dollars ($2,000), or if the defendant does not own the Off-Road Vehicle and the owner did not know and could not reasonably have known that the Off-Road Vehicle would be used in violation of this Section, a civil penalty of two thousand dollars ($2,000) shall be imposed.
(8) Enforcement.
(a) Notices of violation shall be issued by police officers or any other person authorized to enforce ordinances, pursuant to the procedures set forth in Section 10-1606 of this Code. Contested charges shall be resolved, penalties shall be imposed, and payments shall be collected and processed by the Director of Finance and the Office of Administrative Review (or such other office as the Director of Finance shall designate), all pursuant to the procedures set forth in Sections 10-1604 through 10-1609, except that:
(.1) Any person to whom a ticket is issued may, within eight (8) days of receipt, agree to forfeit the Off-Road Vehicle in lieu of contesting the violation and in lieu of any other fines or penalties.
(.2) An order by default may be vacated pursuant to subsection 10-1608(4) only within sixty (60) days after its entry.
(b) Seizure. In addition to issuance of a notice of violation, whenever a police officer has probable cause to believe an Off-Road Vehicle has been used or is being used in violation of this Section, the officer may seize the Off-Road Vehicle, whereupon the Police Department shall comply, as nearly practicable, with the provisions of subsections 12-2405(2)-(5) ("Removal or Immobilization of Parked Vehicles: Notice"), except that no Off-Road Vehicle shall be returned to the owner other than pursuant to this Section 12-1133. The Police Department shall store the Off-Road Vehicle until a final adjudication of the offenses, at which time:
(.1) If forfeiture is not awarded, the Police Department shall return the Off-Road Vehicle to the owner upon payment of all applicable fines, penalties and fees and compliance with all applicable laws relating to the Off-Road Vehicle.
(.2) If forfeiture is awarded, the Police Department shall dispose of the Off-Road Vehicle in an appropriate manner, which may include destruction of the Off-Road Vehicle or such other manner of disposition that, in the judgment of the Department, reduces, to the greatest extent practicable, the opportunities for the Off-Road Vehicle to be used in any manner that violates the provisions of this Section or the Vehicle Code.
(9) A person who claims their Off-Road Vehicle was wrongfully seized, including an owner who did not know and could not reasonably have known that the Off-Road Vehicle would be used in violation of this Section, may seek return of the Off-Road Vehicle pursuant to the procedures set forth at Section 12-2406 ("Recovery of Vehicles; Hearings"), with any hearing to be scheduled as expeditiously as practicable.
Notes
| 191 | Added, Bill No. 120725-A (approved November 13, 2012). Section 2 of Bill No. 120725-A provides: "This Ordinance shall be effective March 1, 2013, provided that no penalties shall be imposed and only warnings shall be issued until thirty days thereafter." Caption and Section amended, Bill No. 210423 (approved June 23, 2021). Enrolled bill failed to account for former subsection (2); renumbered as subsection (5) by Code editor. |
Subject to such penalties as are provided in The Vehicle Code, no person shall open the door of a vehicle on the side available to vehicular traffic in such a manner as to violate 75 Pa. C.S. § 3705 (entitled "opening and closing vehicle doors"), as may be amended from time to time.
Notes
| 192 | Added, Bill No. 120532 (approved January 8, 2013). Enrolled bill numbered this as Section 12-1133; renumbered by Code editor. |
§ 12-1135. Prohibited Parking or Maintaining of Semitrailers and Truck Tractors at Residential Properties. 193
(1) Definitions. The terms Semitrailer and Truck Tractor have the meanings as defined in the Vehicle Code at 75 Pa. C.S. § 102.
(2) No person shall park or maintain a semitrailer or truck tractor on a driveway or other part of a property utilized or zoned for residential purposes that is visible from a location outside of such property.
(3) Penalties. The penalty for a violation of this Section shall be a fine of five hundred dollars ($500) for each offense for each day the violation continues.
Notes
| 193 | Added, Bill No. 230208 (approved July 12, 2023). |
(1) Definitions.
(a) Drifting. For purposes of this Section, "Drifting" is the intentional act of steering a vehicle in a circle where the rear wheel or wheels loose traction and create a controlled skid sideways. This also referred to as doughnuts or spin-outs.
(b) Nuisance Vehicle. For purposes of this Section, a Nuisance Vehicle is:
(.1) any vehicle operating a radio or any other sound device that amplifies the sound from within the motor vehicle that is plainly audible at a distance greater than one hundred feet from the vehicle, unless such vehicle is being used in connection with the holding of a public assembly for which a permit or license has been issued by the City;
(.2) any vehicle engaging in Drifting; or
(.3) any vehicle used to block any intersection, street, highway or access point to any recreation center or private property, without the consent of the owner, to facilitate or otherwise enable the act of Drifting to occur by another.
(2) Prohibited Conduct.
(a) No owner or operator shall allow, authorize or otherwise permit a Nuisance Vehicle to be parked, maintained or operated in any area of the City.
(b) No person shall participate or contribute to the act of Drifting as a spectator or otherwise.
(3) Penalties.
(a) The penalty for violation of subsection (2)(a) shall be:
(.1) A fine of two thousand dollars ($2,000) per offense.
(.2) The owners and operators of a Nuisance Vehicle shall be jointly liable for all costs incurred by the City for emergency response, cleanup, repair, and damage to City property where a violation has occurred. Legal interest shall accrue for any amount not paid within thirty (30) days from the date a bill for costs incurred is provided to the violator.
(.3) Any fine or cost imposed by the court shall be entered as a judgment against the violator.
(.4) Any fine or other sanction imposed by the Court shall be paid or satisfied within ten (10) days of its imposition. If the fine or sanction together with any court cost is not paid or satisfied within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fines as provided for by law.
(b) The penalty for violation of subsection (2)(b) shall be a fine of three hundred dollars ($300).
(4) Enforcement.
(a) Notices of violation shall be issued by police officers or any other person authorized to enforce ordinances, pursuant to the procedures set forth in Section 10-1606 of this Code. Contested charges shall be resolved, penalties shall be imposed, and payments shall be collected and processed by the Director of Finance and the Office of Administrative Review (or such other office as the Director of Finance shall designate), all pursuant to the procedures set forth in Sections 10-1604 through 10-1609.
(5) Seizure.
(a) City Council hereby declares that Nuisance Vehicles are an imminent health and safety hazard, therefore, in addition to issuance of a notice of violation, any police officer who discovers a Nuisance Vehicle on any street, park, or recreation center may seize the vehicle.
(b) The procedures set forth in Chapter 12-2400 shall apply to the seizure of a vehicle pursuant to this Section.
(c) When an impounded vehicle is returned to its owners, or any person on behalf of the owner, such person shall sign a receipt for the vehicle after furnishing satisfactory evidence of a person's identity, ownership of the vehicle (or agency on behalf of the owner), valid driver's license, registration, and valid financial responsibility.
Notes
| 194 | Added, Bill No. 230415-A
(approved September 13, 2023). Enrolled bill numbered this as Section 12-1135; renumbered by Code editor. |
(1) Definitions.
(a) License Plate Flipping Device. In this Section “license plate flipping device” means a manual, electric, or mechanical device designed or adapted to be installed on a motor vehicle and:
(.1) switch between two or more license plates for the purpose of allowing a motor vehicle operator to change the license plate displayed on the operator’s vehicle; or
(.2) hide a license plate from view by flipping the license plate so that the license plate number is not visible.
(b) Person. Any individual, partnership, limited partnership, association, corporation, estate or trust.
(c) Motor Vehicle. In this Section a “motor vehicle” is any vehicle which is self-propelled except an electronic personal assistive mobility device or a vehicle which is propelled solely by human power.
(2) Prohibited Conduct.
(a) No person shall possess, operate any vehicle with, purchase, install, possess for the purpose of installing, manufacture, sell, offer to sell, or otherwise distribute a license plate flipping device in the City of Philadelphia.
(3) Penalties.
(a) The penalty for a violation of this Section shall be two thousand dollars ($2,000).
Notes
| 194.1 | Added, Bill No. 240089-A (approved April 3, 2024). |