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Amending Title 12 of The Philadelphia Code, entitled “Traffic Code,” to create smart loading zones and a camera-based enforcement systems for designated parking violations, revise the procedures for identifying and handling stolen vehicles prior to towing, amend the parking violations subject to towing, and make related technical changes, 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 to read as follows:
TITLE 12. TRAFFIC CODE
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CHAPTER 12-900. PARKING REGULATIONS AND PENALTIES
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12-923. Smart Loading Zones.
(1) The Parking Authority shall install smart loading zones that include sensors, a camera-based parking enforcement system pursuant to Section 12-924, and such additional technology necessary to administer and enforce this section. Existing loading zones may be converted to smart loading zones as provided in this section. Smart loading zones shall be installed at the following locations:
(a) Reserved.
(2) Motor vehicles may, upon payment of the fee of ten cents ($0.10) per minute, use smart loading zones for a period not to exceed one (1) hour.
(3) Vehicles may not stop, stand, or parking in a smart loading zone for more than three (3) minutes without payment as required in subsection (2) or longer than one (1) hour in any case.
(4) The Parking Authority shall install clear and conspicuous signage identifying each smart loading zone, including applicable penalties for use of the smart loading zone in violation of this Section.
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§ 12-924. Camera-Based Parking Enforcement System.
(1) The following violations of this Title 12 relating to prohibitions on stopping, standing, and parking vehicles, shall be enforceable through violation notices based on recorded images produced by a fixed or mobile camera-based parking enforcement system:
(a) Section 913(1)(a)(.1) relating to double parking.
(b) Section 923(3) relating to smart loading zones.
(c) Section 2709(1) relating to resident permit parking.
(2) All aspects of administration and enforcement applicable to the parking violations identified through a camera-based parking enforcement system, including the applicable fines and penalties and the manner of response and appeal, as set forth in this Title 12 in connection with such offenses generally, shall apply to violations identified in violation notices issued based on such a camera-based parking enforcement system.
(3) Notwithstanding any provision of the Code to the contrary requiring placement of parking violation notices on the vehicle causing the violation, notices of violation pursuant to a camera-based parking enforcement system may be served by mail upon the registered owner of the vehicle.
(4) The Parking Authority shall prepare and mail a notice of violation addressed to the registered owner of a vehicle identified in a recorded image produced by a camera-based parking enforcement system as evidence of a violation of this Chapter.
(a) The notice of violation must include:
(.1) the name of the registered owner of the vehicle;
(.2) the registration number and state of issuance of the vehicle registration;
(.3) the date, time, and place of the violation;
(.4) identification of the Code sections under which the violation is charged;
(.5) the attestation set forth in subsection (b);
(.6) the penalty for the violation;
(.7) a copy of the recorded image(s) showing the vehicle, with date and time stamp;
(.8) the date on which the notice was mailed; and
(.9) instructions for return of the notice of violation, including method of paying fines, deadlines for response, and identification of penalties that may accrue for failure to respond.
(b) A violation notice issued based on a camera-based parking enforcement system shall be verified based on a review of the applicable camera images by an officer authorized to issue parking tickets under this Title, who shall attest that the officer has inspected the recorded images evidencing the violation and that the officer reasonably believes the information contained in the notice of violation to be true and correct.
(5) A violation notice issued based on a camera-based parking enforcement system shall be sent by first-class mail within thirty (30) days after the discovery of the identity of the registered owner, to the address of the registered owner as listed in the records of the Department of Transportation or other agency with responsibility for maintaining vehicle registrations in the jurisdiction in which the vehicle is registered, provided, however, that no notice of violation under this section shall be issued more than ninety (90) days after the commission of the offense. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any judicial or administrative proceeding as to the facts contained therein.
(6) All aspects of administration and enforcement applicable to parking violations generally, as set forth in this Title 12 <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-284741>, including the applicable fines and penalties and the manner of response and appeal, shall apply to violations identified in violation notices issued based on such a camera-based parking enforcement system, except as provided in this Section 12-924.
(7) Motor vehicle owner information obtained as a result of the operation of a camera-based parking enforcement system under this section shall not be the property of the manufacturer or vendor of the camera-based parking enforcement system and may not be used for any purpose other than as prescribed in this section.
(8) The compensation paid to the manufacturer or vendor of the camera-based parking enforcement system may not be based upon the number of violation notices issued or a portion or percentage of the fine generated by the notices. The compensation paid to the manufacturer or vendor of the equipment shall be based upon the value of the equipment and the services provided or rendered in support of the camera-based parking enforcement system.
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§ 12-2405. Removal or Immobilization of Parked Vehicles.
(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:
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(h) [parked in a reserved accessible parking space in violation of subsection 12-1117(3)(f)] parked in violation of 12-923(2) relating to smart loading zones;
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(k) parked in violation of subsection 12-1117 [(4)(b)] (2)(f), (2)(g), or (3)(f), which prohibits the parking of a vehicle in parking spaces reserved for [physically handicapped persons and severely-disabled veterans] a person with disability;
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(5) Except as provided in subsection 12-2405(6) (relating to vehicles towed by the Parking Authority), [No] 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.
(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.
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12-2809. Civil Penalties and Costs.
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(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):
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Code Provision |
Violation Description |
Penalty |
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12-923 (f) |
Parking Smart Loading Zone |
$30.00 |
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12-2709(1) |
Parking in Residential District Without Permit |
$25.00 |
|
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(b) Any person violating the following provisions of Title 12 <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-284741> 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 <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-286111>, be liable for the payment of the civil penalty indicated, in addition to the costs and fees set forth in subsection 12-2809 <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-286168>(1):
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Code ProvisionViolation DescriptionPenalty |
|
|
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12-923 (f) |
Parking Smart Loading Zone |
$50.00 |
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12-2709(1) |
Parking in Residential District Without Permit |
$35.00 |
|
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SECTION 2. This Ordinance shall be effective in 30 days.
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Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.
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