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Vehicle; Storage Fees; Hearings; Section 523.06, Payment Under Protest; and Section 523.07, Protest Hearing are hereby repealed it their entireties.
That Section 523.05(c)(1)(2)(3), RELEASE OF VEHICLE; STORAGE FEES; HEARINGS, is hereby repealed in its entirety.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 th...
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