Title
Amending Section 9-605 of The Philadelphia Code, entitled “Towing,” by regulating the use of vehicle immobilization devices commonly known as barnacles and other non-wheel-based immobilization devices by private parking lot operators, all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1: Title 9 of the Philadelphia Code is hereby amended to read as follows:
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
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Section 9-605. Towing.
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(11) Towing From Private Lots, Private Property and Driveways.
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(i) Use of windshield immobilization devices or barnacles.
(.1) No owner, operator, lessee, or agent of a private parking lot within the City
of Philadelphia shall install, place, or cause to be installed or placed any windshield immobilization device or barnacle on a motor vehicle unless the vehicle has been ticketed by the police or other law enforcement authority pursuant to Section 9-605(11)(d).
(.2) No towing company, parking enforcement company, or private parking lot
attendant shall immobilize a vehicle by means of a windshield-mounted device as a condition of payment, enforcement, or compliance.
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(14) Enforcement.
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(b) Fines, Civil Penalties, and License Suspension.
(.1) Violations of this Section and any regulations promulgated under this Section shall be subject to the following civil penalties and license suspensions:
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Towing from private lot, private property or driveway in violation of § 9-605(11)(d) - (f), (i) |
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First offense |
$1,000 and release of vehicle towed without charge and reimbursement for any damages caused to the vehicle |
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Second offense |
$1,000 and all other first offense penalties, and six months towing company license suspension |
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Third offense |
$1,000 and all other first offense penalties, and one year towing company license suspension |
SECTION 2: This Ordinance shall take effect immediately.
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Explanation:
Italics indicate new matter added.
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