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.

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

Section 9-605. Towing.

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

(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.

(14) Enforcement.

(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:

* * *

* * *

Towing from private lot, private property or driveway in violation of §

9-605

(11)(d) - (f),

$1,000 and release of vehicle towed without charge and reimbursement for any damages caused to the vehicle

Second offense

$1,000 and all other first offense penalties, and six months towing company license suspension

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.

End