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Adding a new Chapter 12-1800 to The Philadelphia Code, entitled “Temporary No Parking Restrictions and Relocation Towing,” to restrict use of temporary no parking signs; create a system for the application for and issuance of permits for the use of temporary no parking signs; provide for violations for parking at locations restricted by such signs and relocation towing in connection with such violations; and establish restrictions related to such relocation towing, 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 add a Chapter as follows:
TITLE 12. TRAFFIC CODE
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CHAPTER 12-1800. TEMPORARY NO PARKING
RESTRICTIONS AND RELOCATION TOWING
§ 12-1801. Posting and Use of Temporary No Parking Signs.
(1) No sign shall be posted identifying a parking space in the right-of-way as “Temporary No Parking” unless a permit has been obtained for such sign from the Department and the sign reflects evidence of such permit.
(2) No person shall request or hire a towing company to relocate a vehicle pursuant to the posting of a temporary no parking sign unless:
(a) a violation notice issued by the Philadelphia Parking Authority or the Police Department has been affixed to the vehicle as required under Section 12-1805(1); and
(b) evidence has been provided to the City, through such format as established by the City, that the sign was posted at the location where the vehicle is parked no less than 48 hours before the towing request is made.
§ 12-1802. Issuance of Permits.
(1) Permits may be issued for temporary no parking signs for the following purposes, upon a determination that the activity satisfies the standards of subsection (2) below:
(a) Moving equipment, furniture or personal items for relocation of a residence or business permitted under Section 11-611 of the Code;
(b) Placement of storage containers or “pods” for such purposes permitted under Section 11-804 of the Code;
(c) Temporary use of spaces for an otherwise permitted activity, such as a block party, farmer’s market or other similar limited-time activity;
(d) Placement of construction dumpsters permitted under Section 11-610 of the Code;
(e) Temporary business loading or unloading permitted under Section 11-611 of the Code;
(f) Permitted construction or demolition work under Title 4;
(g) Work in the right-of-way permitted under Section 11-705; and
(h) Such other purposes identified by regulation.
(2) No permit under this Chapter shall be issued unless the Department has determined that:
(a) The required permit or approval for the activity requiring the temporary removal of parking has been issued; and
(b) The requested temporary closure of the spaces will cause, with respect to both duration and physical extent, the minimum disruption of parking and traffic necessary for the activity.
§ 12-1803. Application for Temporary No Parking Permits and Signs.
(1) Applications for temporary no parking permits and signs shall be made in such manner and form as determined by the Department. An applicant for such a permit shall agree as a condition of the application to hold harmless and indemnify the City in connection with any claims made in connection with a relocation tow pursuant to this Section.
(2) Temporary no parking permits and signs shall be issued in such manner and form as may be determined by the Department.
(3) Temporary no parking permits and associated signs shall apply for a specific period or periods of time. Except as otherwise provided in connection with the permitted activity, including with respect to construction, demolition, right-of-way work and farmer’s markets, a temporary no parking permit may not apply to any time period that cumulatively or consecutively exceeds 72 hours. Permits may be renewed for 72-hour renewal periods.
(4) The fee for issuance of a temporary no parking permit shall be $50 or such other amount as may be determined by regulation.
§ 12-1804. No Parking Where Temporary No Parking Sign Posted.
(1) Remaining parked at a location identified with a sign based on a permit issued under this Section during the temporary no parking period identified on the sign is a violation of this Code, provided that evidence has been submitted to the City, through such format as established by the City, that the sign was posted at the location where the vehicle is parked no less than 48 hours before the towing request is made.
(2) A violation under this Section shall subject the vehicle to relocation to a lawful parking location no more than 2 miles from the original parked location.
(3) Notwithstanding any provision of this Code to the contrary, a violation under this Section 12-1804 shall not be subject to a monetary fine or penalty.
(4) A vehicle relocated under this Section shall not be subject, for a period of (7) seven days after relocation, to any type of parking violation under this Code in connection with parking at the location to which the car was relocated. Evidence that a parking violation notice was issued contrary to this subsection 12-1804(4) shall constitute a complete defense to the violation in any appeal of such violation.
§ 12-1805. Relocation From a Location Posted as Temporary No Parking.
(1) Except with respect to emergency work in the right-of-way or emergency construction, no vehicle shall be towed or relocated under this Section unless a violation notice issued by the Philadelphia Parking Authority or the Police Department has been affixed to the vehicle.
(2) No vehicle may be towed pursuant to this Section, or towed in connection with emergency work in the right-of-way or emergency construction, except by a towing company licensed to tow vehicle within the City under Section 9-605 (Towing) of this Code. A tower participating in the relocation tow system shall agree as a condition of participation to hold harmless and indemnify the City in connection with any claims made in connection with a relocation tow pursuant to this Section.
(3) Relocation towing pursuant to this section shall constitute a violation of this Section unless the tower:
(a) provides all information pertaining to the relocation, including vehicle make and model, license plate state and number, the location from which the car was towed, the location to which the car is towed, and any other information as may be required by the City or its agent through such record keeping system established by the City or its agent for such purpose; and
(b) affixes to the vehicle at the location to which it has been relocated such form of notification that the car has been relocated pursuant to this Section as shall be made available by the City.
(4) A tower violates this Section if a vehicle is relocated:
(a) to a parking space which will cause the vehicle to be parked unlawfully;
(b) more than (2) two miles from the location from which it was towed; or
(c) to any location, such as a garage or private parking lot, for which a fee is charged for towing, storage or release of the vehicle.
(5) It is a violation of this Section for a towing company to fail to keep private records of all tows carried out pursuant to this Section containing all of the information that must be entered into the City’s record-keeping system by the tower pursuant to subsection (3) above, and to fail to maintain such information for a period of two years from the date of the relocation tow.
§ 12-1806. Penalties.
(1) The penalty for a violation of Section 12-1801 (Posting and Use of Temporary No Parking Signs) shall be of fine of up to $300.
(2) The penalty for a violation of Section 12-1805 (Relocation From a Location Posted as Temporary No Parking) shall be a fine of up to $500 for a first offense and $1,000 for a second or subsequent offense. A tower shall be subject to suspension of licensing under Section 9-605 for repeated violations under Section 12-1805.
§ 12-1807. Scope.
(1) This Chapter shall not apply with respect to signage and towing in connection with City-sponsored events and special events, such as parades, and other City-determined special circumstances, provided that the City is authorized to utilize the systems established for tracking relocated cars in connection with such towing.
(2) This Chapter applies with respect to signage and towing in connection with emergency work in the right-of-way and emergency construction only with respect to Sections 12-1805 and 12-1806.
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SECTION 2. This ordinance shall become effective upon certification by the Managing Director to the Chief Clerk of Council that the record-keeping system identified in proposed Section 12-1805 of this Code is operational.
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Explanation:
Italics indicate new matter added.
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