TITLE 12. TRAFFIC CODE
CHAPTER 12-2800. ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS
§12-2801. Legislative Findings.
The Council of the City of Philadelphia hereby
finds:
(1) That the City of Philadelphia, in the exercise of its police
powers to regulate parking, stopping and standing of vehicles within the City of
Philadelphia, has enacted the comprehensive Traffic Code which was intended to
provide a rational system for the enforcement of parking regulations, promote
public safety and convenience, provide for the unencumbered flow of traffic and
transit operations, and enhance economic activity by ensuring an adequate supply
of short-term curbside parking;
(2) That since 1981, several blue ribbon
panels have concluded that the current system of parking violation enforcement
within the criminal justice system has resulted in the improper and inefficient
allocation of parking violation enforcement responsibility between the judiciary
and the executive branch of Philadelphia City government; the absence of
centralized and uniform parking policymaking in the City; an unmanageable volume
of cases in the Traffic Court; unfairness to citizens caused by the threat and
stigma of a criminal sanction, unreasonable delays between the issuance of a
citation and its adjudication in court, and an unpredictable process for
contesting citations; and an inefficient system for the collection of parking
fines;
(3) That the City of Philadelphia, pursuant to its police powers
and pertinent provisions of the Pennsylvania Motor Vehicle Code, is authorized
to provide for parking violation enforcement outside of the criminal justice
system, and an administrative process for the adjudication of parking violations
is an efficient, fair and reasonable alternative thereto;
(4) That the
City of Philadelphia, pursuant to the authority granted it by Section 345 of the
Parking Authority Law (53 P.S. Sec. 341 et. seq.) has, by Ordinance No. 1633
approved April 8, 1983, delegated to the Philadelphia Parking Authority certain
powers relating to the administration, supervision and enforcement of on-street
parking regulations and the collection on behalf of the City of fines and
penalties imposed in connection with the violation of parking regulations;
and,
(5) That a system of administrative adjudication of parking
violations should provide for the proper separation of the administrative and
executive functions from the adjudicatory function in the enforcement process;
establish a unified and comprehensive parking management system; provide for
coordinated parking policymaking; promote a fair, uniform and expeditious system
for the disposition of parking violations; and increase the collection of
parking program revenues.