Amending Parking Meters Adding Admin. Appeals Process

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Drafted byLaw Office
Sponsored by/Referred byMayor/Managing Director
Introduced onJuly 25, 2016
Advertised onAugust 1, 2016


BILL No. 31 - 2016


AN ORDINANCE


AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF READING, BERKS COUNTY, PENNSYLVANIA, CHAPTER 576 VEHICLES AND TRAFFIC, PART 5 PARKING METERS, A REGULATIONS BY ADDING ADMINISTRATIVE APPEAL PROCESS SECTION 576-518 AND REPEALING IMPRISONMENT PROVISION FOR DEFAULT OF PAYMENT IN SECTION 576-517 (B).

THE CITY OF READING HEREBY ORDAINS AS FOLLOWS:


SECTION 1. The Code of Ordinances of the City of Reading, Berks County, Pennsylvania, Chapter 576 Vehicles and Traffic, Part 5 Parking Meters, A Regulations shall be and is hereby amended to include Section 576-518 as set forth in Exhibit A attached hereto and made a part hereof.


SECTION 2. Chapter 576 Vehicles and Traffic, Part 5 Parking Meters, A Regulations Section 576-517 (B) shall be and is hereby amended by repealing and/or striking "...and, in default of payment of fine and costs, be imprisoned not more than 10 days."


SECTION 3. All other items, parts, sections, etc. of the Code of Ordinances of the City of Reading, Berks County, Pennsylvania, Chapter 576 shall remain in effect unchanged and likewise are ratified.


SECTION 4. This ordinance shall be effective ten (10) days after its adoption and approval by the Mayor, or repassage by City Council over the Mayor's veto, in accordance with Section 219 of the City of Reading Home Rule Charter, or as set forth in Section 221 of the City of Reading Home Rule Charter.





EXHIBIT A


Section 576-518. Parking Ticket Appeal Process.


  1. Submission of written appeal.
     

    1. A parking ticket will include a notice to inform the owner/driver of the vehicle ("owner") how the owner may submit, in writing, an appeal setting forth the reason or reasons why the owner believes the parking ticket issued by the City of Reading or Reading Parking Authority is in error.
       

    2. Such written appeal through a complaint and investigation form shall be filed with the Reading Parking Authority within 10 days of the date of issuance of the parking ticket to make the lower penalty applicable for any bond purpose. No written appeal will be accepted when not filed within 30 days of the issuance of the parking ticket.
       

    3. Individuals who submit an appeal will be contacted within 3 calendar days after the appeal is processed and advised whether the parking ticket will be upheld or dismissed.
       

  2. Hearing scheduling.
     

    1. Where the parking ticket is upheld, and subject to (2) below, the Reading Parking Authority will schedule a hearing before an independent hearing officer and notice of said hearing's date, time and location shall be provided to owner.
       

    2. Owner will be required to post a bond payment in the relevant amount indicated on the parking ticket. Said bond payment will be refunded to owner where the independent hearing officer dismisses the parking ticket.
       

  3. Determination.
     

    1. The independent hearing officer shall render a determination at the end of the scheduled hearing. Where the appeal is denied, the independent hearing officer shall direct owner to make appropriate payment of the ticket. Additionally, owner shall receive in writing his/her right to appeal the denial of his/her appeal to the Berks County Court of Common Pleas, 633 Court Street, Reading, PA, within 30 days of the independent hearing officer's determination.
       

  4. Responsibility for costs.
     

    1. Any and all costs associated with the filing of an appeal in the Berks County Court of Common Pleas shall be the responsibility of the person or entity filing said appeal.
       

    2. If the Berks County Court of Common Pleas denies the appeal, the owner shall thereafter from the date of judgment is entered be assessed interest, costs and penalties as may be set forth pursuant to the schedule of fees of the Code of Ordinances of the City of Reading.