(1) Any vehicle which has been immobilized or impounded
pursuant to the provisions of this Chapter may be recovered by one of the
following means:
(a) The owner or any person on behalf of the owner may
demand an expedited hearing before a Parking Hearing Examiner appointed pursuant
to Chapter 12-2800. Such demand shall be made in writing upon a form supplied by
the City. Such hearing shall be held not later than the first day, excluding
Sunday, following the demand therefor, at a convenient central location during
normal business hours, and at such other times and places as the City shall
direct. The issue to be determined at such hearing shall be whether reasonable
cause existed to believe that the vehicle immobilized or impounded was in
violation of the traffic ordinances and laws of the City of Philadelphia or of
the Commonwealth of Pennsylvania, and that the towing or booting of such vehicle
was authorized by law.
(i) Any person whose vehicle is immobilized or
impounded under the provisions of this Chapter shall have the right to leave the
vehicle in the City's tow lot or immobilized by a boot, pending the
hearing referred to above.
(ii) If the Parking Hearing Examiner
determines that the vehicle was immobilized or impounded without reasonable
cause to believe that it was in violation of the traffic ordinances and laws of
the City of Philadelphia or of the Commonwealth of Pennsylvania, or that the
towing or booting was unauthorized by law, the owner or any person on behalf of
the owner shall be entitled to immediate release and return of the vehicle
without the payment of any booting or towing fee or storage
charges.
(iii) If the Parking Hearing Examiner determines that the
vehicle was immobilized or impounded with reasonable cause, the owner may appeal
that determination in the manner set forth in Chapter 12-2800, or the owner or
any person on behalf of the owner may obtain release of the vehicle by any of
the means set forth in subsections (2) and (3) of this Section.
(2) The
owner or any person on behalf of the owner may obtain immediate release of the
vehicle by the payment in full of all outstanding parking tickets, booting
and/or towing fee and accrued storage charges. Such payment shall constitute a
waiver of the right to contest the parking tickets, the tow and/or booting fee
and any storage charges.
(3) The owner or any person on behalf of the
owner may obtain immediate release of the vehicle by posting a bond equal to the
amount of the unpaid parking tickets, booting and/or towing fees and accrued
storage fees. Such bonds shall be obtained in order to ensure the alleged
violator's appearance before a Parking Hearing Examiner as set forth in
Chapter 12-2800 and shall be held as collateral until a hearing on the
underlying parking violations is completed and a determination of liability is
made pursuant to Chapter 12-2800.
(4) The owner or any person on behalf
of the owner may waive the right to an expedited hearing as set forth in Section
(1) or immediate release of the vehicle as set forth in Sections (2) and (3) and
await a hearing in due course on the underlying parking violations according to
the regular procedures of Chapter 12-2800.
(5) Any person found not
liable for the underlying parking violations at the hearing pursuant to Chapter
12-2800 or pursuant to any subsequent appeal shall have the right upon
presentation of evidence thereof, to immediate return of the vehicle without
payment of any booting, towing or storage fees, or to the refund within thirty
(30) days of the discharge or acquittal of any bond posted, or booting and/or
towing fees and storage charges previously paid.
(6) No person shall be
permitted to release from any boot or remove from any Official Towing Station
any vehicle immobilized or impounded under the provisions of this Chapter except
by any of the means described above, or, unless the person found liable has
entered into an Installment Payment Plan with the Finance Director's
Office pursuant to Chapter 12-2800, and that Office has ordered the release of
the vehicle.
(7) All notices provided for in this Section shall be given
in both Spanish and English.
(8) When any impounded vehicle is returned
to its owner, or any person on behalf of the owner, such person shall sign a
receipt for the vehicle after furnishing satisfactory evidence of his identify
and ownership of the vehicle, or agency on behalf of the owner.
(9) In
addition to any other requirement under this Section 12-2406, if a vehicle has
been towed as an abandoned vehicle under this Chapter, its owner, or any person
on behalf of its owner may reclaim the vehicle only upon presentation of proof
that the vehicle is currently registered with the Department of Motor Vehicles
of the state within which its owner resides; if that state requires that motor
vehicles registered therein must be periodically inspected to insure
roadworthiness, the vehicle must exhibit a concurrently valid sticker or placard
attesting to such an inspection in order for the vehicle to be driven; if the
vehicle does not exhibit such a required inspection sticker or placard, the
vehicle may only be removed by a vehicle licensed to tow or carry other
vehicles.
[94] (10) Disposition of
unclaimed vehicles. If the registered owner of a vehicle impounded pursuant to
this Chapter or other provision of law fails to reclaim his or her vehicle from
an Official Towing Station within fifteen (15) days after the issuance of a
notice that the vehicle has been towed and may be reclaimed; and, if notice was
sent to a lienholder, the vehicle remains unclaimed more than fifteen (15) days
after the issuance of such notice, then, at any time
thereafter:
[95] (a) The Department may
declare such vehicle abandoned within the meaning of Section 102 of the
Pennsylvania Vehicle Code, 75 Pa.C.S.A. Section 101, et seq., and dispose of
it
[96] accordingly; or,
(b) If fines,
penalties or charges relating to the towing and storage of the vehicle, or any
outstanding parking tickets, are owing, the Department or its designated agent
may takes such steps as are necessary to recover payment of such fines,
penalties, charges or outstanding tickets, including but not limited to auction
of the vehicle pursuant to court order.