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BillENACTED

Bill 090827

Amending Section 9-605 of The Philadelphia Code, entitled "Towing," to provide a private right of action for persons aggrieved by certain violations of that Section, including, but not limited to, the provisions establishing maximum charges for towing services, all under certain terms and conditions.

Introduced Nov 19, 2009Committee on Streets and ServicesOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember KenneyCouncilmember Kenney

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. “090741, entitled "An 12/17/09 - STATED - 2ND READING ordinance authorizing the revision of lines and grades on a portion of City Plan No. 296 in the area laying northwest of Shawmont Avenue and southwest of Eva Street"; and Bill No. 090742, entitled "An ordinance authorizing the installation of all-way stop signs at the intersection of Eva Street and Summit Avenue"; and Bill No. 090743, entitled "An ordinance establi…”

    Chief Clerk · Stated Meeting, December 17, 2009 · Dec 17, 2009 · official transcript, this passage

  2. “The Committee on Streets and Services, to which was referred Bill No. 090713, entitled "An ordinance granting permission to Bharat Patel, owner of the newsstand at the southwest corner of Broad Street and Arch Street, to construct, use and maintain an electrical conduit"; and Bill No. 090741, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 296 in the area laying north…”

    Chief Clerk · Stated Meeting, December 10, 2009 · Dec 10, 2009 · official transcript, this passage

Status timeline

  1. Nov 19, 2009Referred · CITY COUNCIL
  2. Nov 19, 2009Introduced · CITY COUNCIL
  3. Dec 8, 2009HEARING NOTICES SENT · Committee on Streets and Services
  4. Dec 8, 2009HEARING HELD · Committee on Streets and Services
  5. Dec 8, 2009AMENDED · Committee on Streets and Services
  6. Dec 8, 2009REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Streets and Services
  7. Dec 10, 2009SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL
  8. Dec 10, 2009ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR · CITY COUNCIL
  9. Dec 17, 2009READ · CITY COUNCIL
  10. Dec 17, 2009PASSED · CITY COUNCIL
  11. Jan 13, 2010SIGNED · MAYOR

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

Read the full text as published

..Title Amending Section 9-605 of The Philadelphia Code, entitled "Towing," to provide a private right of action for persons aggrieved by certain violations of that Section, including, but not limited to, the provisions establishing maximum charges for towing services, all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Section 9-605 of The Philadelphia Code is hereby amended to read as follows: §9-605. Towing. * * * (16) Private Rights of Action. (a) Any person who is charged fees by a towing company in excess of the fees set forth in the fee schedule filed pursuant to subsection (3)(c)(.1), or in excess of the maximum fees set forth in subsections (6), (11)(b) or (15), shall have a right of action against such towing company in a court of competent jurisdiction, and may recover for each such violation: (i) Actual damages; (ii) Exemplary damages of $2,000; (iii) Reasonable attorney's fees and court costs; (iv) Such other relief, including injunctive relief, as the court may deem appropriate. (b) The right of action provided in subsection 9-605(16)(a) shall not apply to fees regulated by subsections (3)(c)(.1) or (6)(a) to the extent that those subsections provide for limits on towing charges to persons who contract for towing of a vehicle that they own or otherwise legally control, to be towed with their consent. (c) Nothing in this subsection shall limit the right of an aggrieved person to recover damages under any other applicable law or legal theory, nor shall it limit the right of the City to seek license suspension, penalties, or other remedies for violations of this Section 9-605, except that any penalty imposed by the City for a violation of this Section shall be reduced by the amount of exemplary damages, if any, finally awarded pursuant to subsection (16)(a)(ii) for the same violation. ______________________ Explanation: Italics indicate new matter added. ..End 2