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Amending Title 12 of The Philadelphia Code, entitled “Traffic Code,” by revising certain definitions; adding a new Section 12-926, entitled “Fee for Use of Bus Loading Zones and Facilities,” to impose a fee on certain activities by intercity buses; authorizing the installation and use of camera-based monitoring systems for administration of the fee system; and authorizing an agreement with the Philadelphia Parking Authority for enforcement and collection of certain fees for intercity buses; all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 12 of The Philadelphia Code is hereby amended as follows:
TITLE 12. TRAFFIC CODE
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CHAPTER 12-100. GENERAL PROVISIONS
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§ 12-102. Definitions.
In this Title the following definitions apply:
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(3) Bus Stand. A fixed area [in the roadway] to be occupied exclusively by buses for lay-over in operating schedules or waiting for passengers, which includes Bus Loading Facilities and Bus Loading Zones as those terms are defined in Section 12-926.
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CHAPTER 12-900. PARKING REGULATIONS AND PENALTIES
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§ 12-926. Fee For Use of Bus Loading Zones and Bus Loading Facilities.
(1) Definitions.
In this Section, the following definitions apply:
(a) Bus Loading Facility. A facility that is owned, operated, leased, or otherwise managed by the City or its designee that is used for the stopping, standing, parking, loading, and unloading of Commercial Intercity Buses.
(b) Bus Loading Zone. A fixed area in the roadway parallel and adjacent to the curb that is designated by signs and set aside for the stopping, standing, parking, loading, and unloading of Commercial Intercity Buses, as authorized pursuant to Section 12-907.
(c) Charter Bus. A motor bus engaged or hired for transportation of a group of persons who, pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary.
(d) Commercial Intercity Bus. A motor bus, as defined in Section 9-401, that carries passengers between stops in two or more municipalities or political subdivisions. For purposes of this Section, a Commercial Intercity Bus does not include a Charter Bus, a motor bus operated by a public transit agency such as the Southeastern Pennsylvania Transportation Authority (SEPTA) or New Jersey Transit Corporation (NJ Transit), or a tour bus operated on City streets for the purpose of carrying passengers for guided sight-seeing tours pursuant to Section 9-407.
(e) Operator. A provider of Commercial Intercity Bus service that includes stops for loading and unloading passengers in Philadelphia, including through subcontracting.
(f) Stop. The act of stopping, standing, or parking a Commercial Intercity Bus at a designated Bus Loading Zone or Bus Loading Facility within the City.
(2) Imposition and Rate of the Fee for Use of Bus Loading Zones and Bus Loading Facilities.
(a) Operators shall pay the City a fee for each Stop by a Commercial Intercity Bus at a Bus Loading Facility or Bus Loading Zone, as provided in this Section.
(b) The fee for each Stop by a Commercial Intercity Bus at a Bus Loading Facility shall be $169, provided however that the fee for each Stop at a Bus Loading Facility by a Commercial Intercity Bus while operating rural routes funded by the Federal Transit Administration’s Section 5311(f) Intercity Bus Program, as administered by the Commonwealth of Pennsylvania and the Pennsylvania Department of Transportation (PennDOT), shall be $94.
(c) The fee for each Stop by a Commercial Intercity Bus at a Bus Loading Zone within the Center City Core, bounded by Vine Street, the Delaware River, South Street, and the Schuylkill River; and the University City Area, bounded by Spring Garden, the Schuylkill River, University Avenue, and 38th Street shall be $188.
(d) The fee for each Stop by a Commercial Intercity Bus at a Bus Loading Zone that is not within the area defined in Section 12-926(2)(c) shall be $179.
(e) The fees specified in this Subsection (2) may be modified by regulation, provided that no fees shall exceed the proportionate value of the costs for the City and/or its agent to provide and maintain Bus Loading Zones and Bus Loading Facilities and to provide and manage related services. The regulations may provide for augmented fees where a Stop exceeds a specified duration of time.
(f) Fees required under this Section shall be paid to the City or its designee each month or at such intervals as are specified by regulations.
(3) Regulations.
The Department of Streets is authorized to issue regulations related to the use of Bus Loading Zones and Bus Loading Facilities, as well as the setting and administration of fees required by this Section.
(4) Reporting.
Commercial Intercity Bus Operators shall submit a monthly report regarding intercity bus activity, including the number and location of Stops within the City, as required by the Managing Director’s Office, its designee, or as specified in regulations.
(5) Penalties and Enforcement.
(a) The penalty for each violation of this Section shall be a fine of $300.
(b) This Section shall be enforced by the Philadelphia Parking Authority pursuant to Section 12-2800 of this Title, unless otherwise specified by The Department of Streets through regulations.
(c) Repeated violations or unpaid fees or penalties under this Section may result in the suspension or denial of permits and other approvals or privileges under the Philadelphia Code.
(6) Camera-based Monitoring System.
The City and its designee are authorized to install sensors, a camera-based monitoring system, and such additional technology as may be necessary to administer and enforce the system for fee charges and collection as authorized by this Section.
(7) Interaction with Other Legal Requirements.
Nothing in this Section shall preclude the imposition or collection of other fees or the applicability of other requirements related to Commercial Intercity Buses, including permit fees, that are required under this Code or other applicable law.
SECTION 2. The Director of Finance for the City of Philadelphia is hereby authorized to enter into an agreement to enable the Philadelphia Parking Authority to serve as the City’s designee for purposes of operating a Bus Loading Facility and Bus Loading Zones, collecting certain fees from intercity buses, and engaging in certain enforcement activities as authorized by this Ordinance and other applicable law. The Agreement authorized by this Ordinance shall substantially incorporate the provisions set forth in “Exhibit A” to this Ordinance.
SECTION 3. The City Solicitor is hereby authorized to review and to approve, prior to execution, all instruments and documents necessary to effectuate this Ordinance, which instruments and documents shall contain such terms and conditions as the City Solicitor shall deem necessary and proper to protect the interests of the City.
SECTION 4. This Ordinance shall take effect immediately provided, however, that Section 1 of this Ordinance shall take effect thirty (30) days following adoption into law.
EXHIBIT A