Presenter
Presented by Mr. Hertzberg
Title
Ordinance amending the City of Pittsburgh Code of Ordinances, Article III, Chapter 521: Scofflaws, By Amending Section 521.04: Release Of Vehicle; Hearings, 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 521.04 established the procedures for the release of immobilized and impounded vehicles and the role of the City Magistrates Court in conducting hearings for the amount of towing and storage fees.
WHEREAS, the Supreme Court of Pennsylvania issued an Order dated November 29, 2004, which effectively abolished the Pittsburgh Magistrates Court.
WHEREAS, the Order dated November 29, 2004, established an administrative judicial unit that is now referred to as the Pittsburgh Municipal Court, said court being part of the Unified Court System of the Commonwealth of Pennsylvania.
WHEREAS, the City of Pittsburgh does not possess the authority to determine the jurisdiction of the courts of this Commonwealth;
WHEREAS, the City of Pittsburgh does not possess the authority to direct the new Pittsburgh Municipal Court to hold hearings to adjudicate the proper amount of towing and storage charges to be imposed.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. That Section 521.04, Release of Vehicle; Hearings, is hereby amended as follows, by deleting the below sections, as indicated.
Section 521.04, Release of Vehicle; Hearings
(a) Vehicles immobilized or impounded pursuant to this chapter shall be released to their lawful owner or person entitled to possession upon a showing of adequate evidence of a right to its possession and upon paying all accrued fines and costs for each outstanding unpaid summons. , or depositing of the collateral required for his appearance in the City Magistrate's Court to answer to each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant and, in addition thereto, the charges for immobilization, towing, and storage.
(b) In the event that the owner of the vehicle believes that the immobilization was not authorized by law pursuant to this chapter, he or she may demand a hearing on the immobilization 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 Saturday, Sundays, and holidays, following the demand thereof. The sole issue to be determined at the hearing on the immobilization shall be whether five or more parking violation citations have been issued against the vehicle within an 18-month period and remain unpaid. As to whether or not the citations remain outstanding and unpaid, the records as provided by the Pittsburgh Traffic Court shall be a conclusive presumption of the status of the citations.
(1) 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 in subsection (b) hereof.
(2) If the Magistrate determines that five or more unpaid parking violation citations within an 18-month period are not outstanding and thus the towing or booting was unauthorized by law, 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.
(3) If the Magistrate determines that five or more unpaid parking violation citations within an 18-month period are outstanding, the owner may obtain release of the vehicle by any of the means set forth in subsection (a) hereof.