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File #: 2005-1165    Version: 1
Type: Ordinance Status: Passed Finally
File created: 3/14/2005 In control: Committee on Finance & Budget
On agenda: Final action: 3/22/2005
Enactment date: 3/22/2005 Enactment #: 10
Effective date: 4/1/2005    
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.
Indexes: PGH. CODE ORDINANCES TITLE 05 - TRAFFIC
Attachments: 1. 2005-1165.doc
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 ...

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