§ 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.

§ 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).