Presenter
Presented by Mr. Hertzberg
Title
Ordinance repealing the Pittsburgh Code of Ordinances, Article III, Chapter 523 Tow Pounds, by repealing Section 523.05(C)(1)(2)(3): Release Of Vehicle; Storage Fee; Hearings, Section 523.06: Payment Under Protest, and Section 523.07: Protest Hearing, due to the elimination of the Pittsburgh Magistrates Court, pursuant to the Supreme Court of Pennsylvania's Order dated November 29, 2004.
Body
WHEREAS, Ordinance 8 of 1984, effective April 17, 1984, found at City Code Section 523.05 established the procedures for the availability of a hearing regarding towing and impounding fees without addressing the underlying citation that was issued in conjunction with the towing of the vehicle.
WHEREAS, the Pittsburgh Magistrates Court/Traffic Court were abolished pursuant to the Order of the Supreme Court of Pennsylvania dated November 29, 2004;
WHEREAS, the City of Pittsburgh does not have authority to determine the jurisdiction of the new Pittsburgh Municipal Court.
WHEREAS, the City of Pittsburgh does not have the authority to direct that the Pittsburgh Municipal Court adjudicate towing and impounding fees without adjudication of the underlying citations.
WHEREAS, it is now necessary to repeal Sections 523.05(c)(1)(2)(3), 523.06, and 523.07 of the Pittsburgh Code of Ordinances to conform with the Order of the Pennsylvania Supreme Court dated November 29, 2004.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. That Section 523.05(c)(1)(2)(3), Release of Vehicle; Storage Fees; Hearings; Section 523.06, Payment Under Protest; and Section 523.07, Protest Hearing are hereby repealed it their entireties.
That Section 523.05(c)(1)(2)(3), RELEASE OF VEHICLE; STORAGE FEES; HEARINGS, is hereby repealed in its entirety.
(c) In the event that the owner of the vehicle believes that the immobilization or towing was not authorized by law, he or she may demand a hearing on the impoundment before a Magistrate having jurisdiction. The demand shall be made in writing upon a form supplied by the city. The hearing shall be held no later than the first day, excluding Saturdays, Sundays, and holidays, following the demand thereof. The issue to be determined at the hearing shall be whether reasonable cause existed to believe that the vehicle impounded was in violation of the traffic ordinances and laws of the city or of the Commonwealth of Pennsylvania, and that the towing of the vehicle was authorized by law. As to whether or not the vehicle was in violation, the record as provided by the Pittsburgh Traffic Court shall be a conclusive presumption of the violation.
(1) Any person whose vehicle is impounded under the provisions of this chapter shall have the right to leave the vehicle in the city's tow lot pending the hearing refereed to in subsection (c) hereof.
(2) If the Magistrate determines that the vehicle was impounded without reasonable cause to believe that it was in violation of the traffic ordinances and laws of the city or of the Commonwealth of Pennsylvania, or that the towing 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 towing fee or storage charges. However, a finding shall not preclude a Magistrate or other court of competent jurisdiction from subsequently requiring payment of towing or storage fees as a part of any penalty imposed in connection with a conviction on the underlying traffic offense.
(3) If the Magistrate determines that the vehicle was impounded with reasonable cause, the owner or any person on behalf of the owner may obtain release of the vehicle by the means set forth in subsections (a) and (b) hereof.
Section 523.06 PAYMENT UNDER PROTEST.
Payment of immobilization, towing and storage charges unless made under protest shall be final and conclusive, and shall constitute a waiver of any right to recover the money so paid.
Section 523.07, Protest Hearing, is hereby repealed in its entirety.
Section 523.07 PROTEST HEARING.
If the immobilization, towing and impounding charges are paid under protest, the offender shall be entitled to a hearing before a magistrate having jurisdiction. The defendant shall be proceeded against and receive notice as is provided by the Commonwealth Vehicle Code in other cases of summary offenses, and shall have the same rights of appeal and waiver of hearing. If the Magistrate acquits the defendant, the Magistrate shall certify to the City Treasurer the transcript of the hearing and his disposition of the case, and the City Treasurer shall within five days refund to the defendant the amount of immobilization, towing, and storage charges paid by him or her or in his or her behalf.