Amending Title 12 of The Philadelphia Code, entitled "Traffic Code," to amend certain requirements applicable to buses and areas designated for use by buses, including applicable penalties, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 12 of The Philadelphia Code is hereby amended as follows:

TITLE 12. TRAFFIC CODE

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CHAPTER 12-100. GENERAL PROVISIONS

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§ 12-102. Definitions.

In this Title the following definitions apply:

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(3) Bus Stand. A fixed area to be occupied exclusively by buses for lay-over in operating schedules or waiting for passengers, which includes

Intercity

Bus Loading Facilities and

Intercity

Bus Loading Zones as those terms are defined in Section 12-927.

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CHAPTER 12-900. PARKING REGULATIONS AND PENALTIES

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§ 12-908. Stopping, Standing, and Parking of Buses and Taxicabs.

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[No]

no

operator shall stop a bus at any location for the purpose of loading or unloading passengers or their baggage other than at a designated bus stop, bus stand, or passenger loading zone [except in case of emergency]

that is expressly authorized for use by such operator, including as set forth under the terms of a permit.

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§ 12-909. Restricted Use of Bus and Taxicab Stands.

(1) No person shall [stop,] stand[,] or park a vehicle other than a bus in a bus stop or bus stand, or other than a taxicab in a taxicab stand, except that the operator of a passenger vehicle may temporarily stop [therein]

at such location

for the purpose of and while actually engaged in loading or unloading passengers [when]

,

provided that

such stopping does not interfere with any bus

,

or taxicab

about to enter such stand.

,

no operator of a passenger vehicle may temporarily stop for any duration at an Intercity Bus Loading Zone or Intercity Bus Loading Facility, as defined in Section 12-927.

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§ 12-924. Camera-Based Parking Enforcement System.

(1) The following violations of this Title 12 relating to prohibitions on stopping, standing, and parking vehicles, shall be enforceable through violation notices based on recorded images produced by a fixed or mobile camera-based parking enforcement system:

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(e) Section 12-908(2) relating to use of bus stops, bus stands, and passenger loading zones.

(f) Section 12-909 relating to unauthorized use of bus and taxicab stands.

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§ 12-927. Fee For Use of

Intercity

Bus Loading Zones and

Intercity

Bus Loading Facilities.

(1) Definitions.

In this Section, the following definitions apply:

Bus Loading Facility. A facility that is owned, operated, leased, or otherwise managed by the City or its designee that is used for the stopping, standing, parking, loading, and unloading of Commercial Intercity Buses.

Bus Loading Zone. A fixed area in the roadway parallel and adjacent to the curb that is designated by signs and set aside for the stopping, standing, parking, loading, and unloading of Commercial Intercity Buses, as authorized pursuant to Section 12-907.

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[(f) Stop. The act of stopping, standing, or parking a Commercial Intercity Bus at a designated Bus Loading Zone or Bus Loading Facility within the City.]

(2) Imposition and Rate of the Fee for Use of

Intercity

Bus Loading Zones and

Intercity

Bus Loading Facilities.

(a) Operators shall pay the City a fee for each Stop by a Commercial Intercity Bus at [a]

an

Intercity

Bus Loading Facility or

Intercity

Bus Loading Zone, as provided in this Section.

(b) The fee for each Stop by a Commercial Intercity Bus at [a]

an Intercity

Bus Loading Facility or [a]

an Intercity

Bus Loading Zone within the City of Philadelphia shall be $40, provided however that the fee for each Stop at [a]

an Intercity

Bus Loading Facility by a Commercial Intercity Bus while operating rural routes funded by the Federal Transit Administration’s Section 5311(f) Intercity Bus Program, as administered by the Commonwealth of Pennsylvania and the Pennsylvania Department of Transportation (PennDOT), shall be $16.

(c) The fees specified in this Subsection (2) may be modified by regulation, provided that no fees shall exceed the proportionate value of the costs for the City and/or its agent to provide and maintain

Intercity

Bus Loading Zones and

Intercity

Bus Loading Facilities and to provide and manage related services. The regulations may provide for augmented fees where a Stop exceeds a specified duration of time and when new

Intercity

Bus Loading Facilities become operational.

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(3) Regulations.

The Department of Streets is authorized to issue regulations related to the use of

Intercity

Bus Loading Zones and

Intercity

Bus Loading Facilities, as well as the setting and administration of fees required by this Section.

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(5) Penalties and Enforcement.

(a) [The penalty for each violation of this Section shall be a fine of $300.]

Failure to make timely payment of a fee required by this Section shall be punishable by a penalty of $350 for each occurrence, which shall be charged in addition to the fee due under this Section and interest due under Section 9-102(6).

(c) Collection of fees pursuant to Subsection (2) and the management of Intercity Bus Loading Zones and Intercity Bus Loading Facilities may be administered by

[This Section shall be enforced by] the Philadelphia Parking Authority

, consistent with applicable law and regulations, and as determined by agreement between the City and the Parking Authority

[pursuant to Section 12-2800 of this Title, unless otherwise specified by The Department of Streets through regulations].

[(c)]

(e) The fees authorized under this Section, as well as any penalties that may be assessed for overdue fees, shall be separate from, and in addition to, any fines that a person may be assessed due to violations of other provisions of the Code.

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CHAPTER 12-2400. TOWING AND IMMOBILIZING OF PARKED OR ABANDONED VEHICLES

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§ 12-2405. Removal or Immobilization of Parked Vehicles; Notice.

(1) Any vehicle may be removed, by means of towing to the nearest Official Towing Station or immobilized for up to seventy-two (72) hours by means of applying a boot and then towed to the nearest Official Towing Station if not reclaimed, by or under the direction of a member of the Department, or its designated agent whenever any vehicle is:

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(x) parked in violation of Section 12-908(2) or Section 12-909, relating to unauthorized use of bus stops, bus stands, and taxicab stands.

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CHAPTER 12-2800. ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS

§ 12-2809. Civil Penalties and Costs.

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(2) Basic Penalties.

(a) Any person violating the following provisions of Title 12, shall, upon a final finding of liability pursuant to this Chapter 12-2800, and except as set forth in subsection 12-2809(2)(b), be liable for payment of the civil penalty indicated, in addition to the costs and fees set forth in subsection 12-2809(1):

Code Provision

Violation Description

Penalty

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12-908(1)

Bus Not in Bus Stand

[$250]

$300

12-908(2)

Improper Discharge

[$250]

$300

12-908(3)

Improper Discharge

[$250]

$300

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12-909(2)

Passenger Vehicle Stop Intercity Bus Stop/Stand

$75

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SECTION 2. This Ordinance shall take effect immediately.

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Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

End