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File #: 150765    Version: Name:
Type: Bill Status: ENACTED
File created: 10/15/2015 In control: Committee on Streets and Services
On agenda: Final action: 12/10/2015
Title: Amending Section 9-605 of The Philadelphia Code, entitled "Towing," by clarifying when storage fees can be charged and accrued, under certain terms and conditions.
Sponsors: Council President Clarke, Councilmember Greenlee
Indexes: TOWING
Code sections: 9-605 - Towing
Attachments: 1. CertifiedCopy15076501.pdf

Title

Amending Section 9-605 of The Philadelphia Code, entitled “Towing,” by clarifying when storage fees can be charged and accrued, under certain terms and conditions.

 

Body

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

 

SECTION 1. Section 9-605 of The Philadelphia Code is hereby amended to read as follows:

 

CHAPTER 9-600.  SERVICE AND OTHER BUSINESSES.

 

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§9-605. Towing.

 

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(4)                     Rotation method of tow truck selection.

 

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                                          (h)                     Notwithstanding any other provision of this Section other than subsections (15) and (16) (relating to towing of stolen vehicles), the following towing and storage fees shall apply with respect to vehicles towed under the rotational towing system (the listed towing fees include the Enforcement Agency's fifteen dollar ($15) administrative fee):

 

Weight of vehicle

Towing fee

Storage fee (per 24 hour day)

Under 11,000 pounds

$175

$25

11,000 to 17,000 pounds

$250

$40

Over 17,000 pounds

$360

$75

 

Storage fees shall be accrued for each twenty-four hour day. Where a vehicle is stored for less than twenty-four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored.

 

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(6)                     Charges.

 

                                          (a)                     Charges listed in the fee schedule certified under Section 9-605(3) may be calculated by mileage, time and type of service and shall be clearly stated on the towing agreement. The maximum fee a towing company may charge for towing a disabled vehicle is sixty dollars ($60) and three dollars ($3) per mile. The maximum storage fee for a vehicle towed under this Section cannot exceed twenty-five (25) dollars per day. A day for the purposes of this Section shall be calculated on a twenty-four (24) hour basis. Where a vehicle is stored for less than twenty-four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored. The limitations and requirements of this subsection 6(a) shall not apply to tows pursuant to a rotational system, or to fees for consensual towing.

 

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(11)                     Towing From Private Lots, Private Property and Driveways.

 

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(b)                     No towing company may charge more than the amounts set forth in subsections 9-605(11)(b)(.1) through (.3) for towing and storage of a vehicle pursuant to this subsection 9-605(11). Neither the towing company, owner of the property from where the vehicle was towed nor any other person may charge the vehicle owner or operator any other charges, amounts or fees in connection with the towing and storage of the vehicle. The towing company or person storing such towed vehicle may not refuse to release the vehicle based on a claim to any charges in excess of the permitted amounts.

 

                                                               (.1)                     One hundred and seventy-five ($175.00) dollars for the towing of vehicles or combinations under 11,000 pounds (i.e. passenger vehicles, cars, pickup trucks, SUVs, and light duty vans) and twenty-five ($25.00) dollars for the storage of these vehicles for each twenty-four hour period [or fraction thereof].  Where a vehicle is stored for less than twenty-four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored.

 

                                                               (.2)                     Two hundred and fifty ($250.00) dollars for the towing of vehicles or combinations at or over 11,000 pounds up to 17,000 pounds and forty ($40.00) dollars for the storage of these vehicles for each twenty-four- hour period [or fraction thereof]. Where a vehicle is stored for less than twenty-four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored.

 

                                                               (.3)                     Three hundred and sixty ($360.00) dollars for the towing of vehicles or combinations at or over 17,000 pounds and seventy-five ($75.00) dollars for the storage of these vehicles for each twenty-four-hour period [or fraction thereof]. Where a vehicle is stored for less than twenty-four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored.

 

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SECTION 2.  This Ordinance shall be effective immediately.

 

 

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Explanation:

[Brackets] indicate matter deleted.

Italics indicate new matter added.

 

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