PHILADELPHIA DEPARTMENT DIRECTIVE 3.21

Issued Date: 04-10-13 Effective Date: 04-10-13 Updated Date:

SUBJECT: ALL-TERRAIN VEHICLES (ATVs) ______

1. POLICY

A. On November 13, 2012, Mayor Nutter signed into law certain amendments to the Philadelphia Code prohibiting the operation, , stopping, standing, placing, or maintaining any all-terrain vehicle on any public sidewalk or any public property, including all parks and recreation centers.

B. The policy provides officers with clear guidelines when handling all-terrain vehicles operated or otherwise in violation of Philadelphia City Traffic Code §12-1133. ______

2. LAW

A. PHILADELPHIA TRAFFIC CODE §12-1133 - ALL-TERRAIN VEHICLES

1. "All-Terrain Vehicle" shall have the same meaning as used in Section 7702 of the Vehicle Code, 75 Pa. C.S. §7702.

NOTE: Per 75 Pa.C.S. §7702 “All-Terrain Vehicle” or “ATV” – any motorized off-highway vehicle which travels on three or more inflatable tires and which have:

(1) a maximum width of 50 inches and a maximum dry weight of 1,000 pounds; or (2) a width which exceeds 50 inches or a dry weight which exceeds 1,000 pounds.

2. No person shall operate, park, stop, stand, place, or maintain any all-terrain vehicle on any public sidewalk or any public property, including without limitation any park or recreation facility, except where expressly authorized by law; provided that the owner or a person with lawful permission of the owner may temporarily place an all-terrain vehicle on the sidewalk abutting his or her house or abutting any premises where the vehicle is lawfully stored, for purposes of lawfully transporting the vehicle to a location outside the City. Nothing in this Section prohibits the lawful transport of an all-terrain vehicle on a licensed trailer or other safe carrier, or the manual transport of a vehicle onto or off of such carrier, so long as the motor or engine of the all-terrain vehicle remains off at all times. DIRECTIVE 3.21 - 1

3. The penalty for a violation of this Section, or for violation of any regulation of the Department of Parks and Recreation relating to operating, parking, stopping, standing, placing, or maintaining any all-terrain vehicle, shall be forfeiture of the vehicle; provided that, if the value of the vehicle, in its current condition, is in excess of two thousand dollars ($2,000), or if the defendant does not own the vehicle and the owner did not know and could not reasonably have known that the vehicle would be used in violation of this Section, a civil penalty of two thousand dollars ($2,000) shall be imposed.

4. Enforcement.

a. Notices of violation shall be issued by police officers or any other person authorized to enforce ordinances, pursuant to the procedures set forth in Section 10-1606 of the City Code. Contested charges shall be resolved, penalties shall be imposed, and payments shall be collected and processed by the Director of Finance and the Office of Administrative Review (or such other office as the Director of Finance shall designate), all pursuant to the procedures set forth in Sections 10-1604 through 10-1609, except that:

1) Any person to whom a ticket is issued may, within eight (8) days of receipt, agree to forfeit the vehicle in lieu of contesting the violation and in lieu of any other fines or penalties.

2) An order by default may be vacated pursuant to Section 10-1608(4) only within sixty days after its entry.

b. Seizure. In addition to issuance of a notice of violation, whenever a police officer has probable cause to believe a vehicle has been used or is being used in violation of this Section, the officer may seize the vehicle, whereupon the Police Department shall comply, as nearly as practicable, with the provisions of § 12-2405(2)-(5) ("Removal or Immobilization of Parked Vehicles; Notice."), except that no vehicle shall be returned to the owner other than pursuant to this Section 12-1133. The Police Department shall store the vehicle until a final adjudication of the offense, at which time:

1) If forfeiture is not awarded, the Police Department shall return the vehicle to the owner upon payment of all applicable fines, penalties and fees and compliance with all applicable laws relating to the vehicle.

2) If forfeiture is awarded, the Police Department shall dispose of the vehicle in an appropriate manner, which may include destruction of the vehicle or such other manner of disposition that, in the judgment of the Department, reduces, to the greatest extent practicable, the opportunities for the vehicle to be used in any manner that violates the provisions of this Section or the Vehicle Code.

DIRECTIVE 3.21 - 2

5. A person who claims their vehicle was wrongfully seized, including an owner who did not know and could not reasonably have known that the vehicle would be used in violation of this Section, may seek return of the vehicle pursuant to the procedures set forth at § 12-2406 ("Recovery of Vehicles; Hearings"), with any hearing to be scheduled as expeditiously as practicable. ______

3. IMPOUNDMENT PROCEDURES

A. Attended All-Terrain Vehicles (ATVs)

1. Officer Responsibilities:

If an officer has probable cause to believe an all-terrain vehicle has been used or is being used in violation of City Traffic Code Section 12-1133, the investigating officer shall:

a. Stop and detain the operator, only if it can be done safely.

NOTE: Officers shall not pursue any all-terrain vehicle (ATV) with any motorized vehicle. Also, with respect to this City Traffic Code offense, officers shall not unnecessarily endanger themselves in any foot or bicycle pursuit should an operator flee from an ATV. (See below procedures for impounding unattended ATVs)

b. Contact the District of Occurrence’s Operations Room, obtain the next available Property Receipt (75-3) number and request the vehicle be run for wants. The Operations Room Supervisor shall ensure the Property Receipt and a print out of the wanted inquiry is reserved/available for the investigating officer.

NOTE 1: The vehicle identification number can usually be found on the frame of the ATV just below the engine. If the VIN can’t be located, contact Major Auto Squad at 215-xxx-xxxx (Monday-Friday 8:00 am to 10:00 pm) for assistance in where to locate the VIN.

NOTE 2: If the ATV is in stolen status, the operator should be arrested and the ATV shall be processed in accordance with Directive 12.5 Appendix “A,” “Towing of Recovered Stolen Vehicles.”

c. Notify Police Radio that an all-terrain vehicle is to be impounded. Police Radio will notify the Philadelphia Parking Authority. A time check will be given by Police Radio upon notification.

DIRECTIVE 3.21 - 3 NOTE: If Parking Authority is unable to arrive on location within 30 minutes, Police Radio shall contact Police Tow to transport the ATV. d. Inform the operator that the ATV is being impounded by the Philadelphia Police Department, subject to the authority of the Philadelphia Office of Administrative Review.

NOTE: Under no circumstances will officers drive or otherwise personally transport any ATV to the Police Impound Lot or Police Tow Squad lot. All transportation will be handled by the Philadelphia Parking Authority or Police Tow. e. Notify the operator and any passenger that they will not be left at that location and that the police department will either transport them to their residence or another address if located within a reasonable distance, to the nearest police district where the individuals can safely make alternate arrangements, or to the nearest public transportation hub, if they so desire. The operator and any passenger will also be advised that they have the right to refuse any police services. f. Prepare a Report (PVR) and a Pedestrian and Vehicle Investigation Report (75-48A) UCR Code 2812 and include the Property Receipt number in the “Comments” section.

NOTE: On the Parking Violation Report (PVR), check the box “Other” and insert “12-1133(2)” for the violation section and “Court” for the fine amount. g. Insert on the “All-Terrain Vehicle (ATV) Seizure Notice” form (at the end of this directive) the Property Receipt Number and hand the Notice to the operator. The “All-Terrain Vehicle Seizure Notice” form (75-639) will contain information of how the operator can contest the seizure, if so desired. h. Once a tow truck arrives on location, the investigating officer, with the aid of backup, shall:

1) Have the operator remain on location until the tow truck operator has the vehicle in tow.

2) Complete the Towing Report (75-7) by conducting a vehicle inventory describing any damage and/or missing equipment and personal property of value left on or in the vehicle by the operator/passenger.

DIRECTIVE 3.21 - 4 3) At the top of the Towing Report (75-7) in the “Reason for Towing” block, the “Violation” block will be checked off and the Parking Violation Report (PVR) number, the Philadelphia Code violation section number “12- 1133(2)” and the word “Court” will be clearly recorded in the “Trunk Locked” block. The “Location Vehicle Towed” block will be left empty.

4) The Towing Report will be signed off by the officer and the operator. Ask the operator to sign at the bottom of the “Describe Damage” block. If the operator refuses to sign, it will be noted by the investigating officer on the Towing Report (75-7), the Vehicle or Pedestrian Investigation Report (75- 48A) and the Property Receipt (75-3).

5) The tow truck driver will be given the white copy of the Towing Report.

NOTE: ATVs seized in ROC North will be transported to Police Tow Squad (4298 Macalester Street) and ATVs seized in ROC South will be transported to Police Impound Lot (7992 Penrose Ferry Road).

6) The vehicle operator will be given the pink copy of the Towing Report, the defendant’s copy of the Parking Violation Report (PVR) and the “All- Terrain Vehicle Seizure Notice” form (75-639).

NOTE: In the “Comments” section of the PVR, it must be noted in LARGE, BOLD Print “ATV IMPOUNDMENT.” This is critically important because these Parking Violation Reports will be processed through the Philadelphia Office of Administrative Review. Also, legibly include a description of the operator, along with a driver’s license if possible.

i. Once the ATV has been towed from the scene, the investigating officer shall take headquarters and complete the Property Receipt (75-3) and hand a copy to the operator/owner if present. j. Location where Property Receipts must be delivered:

1) Regional Operations Command North (ROC NORTH) - Officers seizing ATVs in ROC North will ensure the Property Receipts (75-3) are delivered the Police Tow Squad (4298 Macalester Street), and

2) Regional Operation Command South (ROC SOUTH) - Officers seizing ATVs in ROC South will ensure the Property Receipts (75-3) are delivered to the Police Impound Lot (7992 Penrose Ferry Road).

DIRECTIVE 3.21 - 5 k. The Parking Violation Report for any violation of City Traffic Code section 12- 1133 (ATVs) must be handed to the Operations Room Supervisor so that these reports are not included with all other Parking Violation Reports.

l) Police Officers may respond to Priority 1 calls without a supervisor’s authorization. Also, officers may leave the scene prior to the arrival of a tow truck if other exigent circumstances develop (i.e. other than a Priority 1 call), but only when authorized by a supervisor. In either case, if an officer leaves the scene prior to the arrival of a tow truck, Police Radio will be notified to cancel the appropriate tower and the 75-48A shall be coded 2813.

NOTE: If the Parking Authority and/or Police Tow Squad do not arrive within one hour, the officer will issue the Parking Violation Report (PVR) as described above, prepare a 75-48A with the UCR Code 2813 and resume patrol. When the tower arrives on location, the tower shall notify police radio and the initiating officer shall be dispatched back to the location if possible.

2) Occupant Safeguarding Procedures

a) Once the vehicle has been towed, the investigating officer, along with backup, will:

(1) Offer to transport the operator/passenger home or to another address if located within a reasonable distance, to the nearest police district where the occupants can safely make alternate arrangements, or if requested, to the nearest public transportation hub.

NOTE 1: The operator and/or any passengers have the right to refuse any police assistance. Barring exigent circumstances, officers will never transport any individual against his or her will.

NOTE 2: The term “reasonable distance” shall be determined by the investigating officer’s supervisor based upon the totality of the circumstances.

NOTE 3: The term “transportation hub” shall mean a transportation facility whereby multiple train, bus or trolley lines converge providing access to locales citywide. It shall not include isolated or single train, bus, or trolley stops.

DIRECTIVE 3.21 - 6 (2) The officer will include in the “Notes” section of the Vehicle and Pedestrian Investigation Report (75-48A) the actual provisions that were made for the occupant(s). Whenever possible, have the occupants sign the 75-48A.

NOTE: If the occupants refuse police transportation or to sign the Vehicle or Pedestrian Investigation Report, the investigating officer will record the refusals in the “Notes” section of the report (i.e. 75- 48A).

B. Unattended All-Terrain Vehicles (ATVs)

1. Officer Responsibilities:

If an officer has probable cause to believe an all-terrain vehicle has been used or is in violation of City Traffic Code Section 12-1133 and is unattended or the operator has fled, the investigating officer shall:

a. Notify Police Radio that an all-terrain vehicle is to be impounded. Police Radio will notify the Philadelphia Parking Authority. A time check will be given by Police Radio upon notification.

NOTE: If Parking Authority is unable to arrive on location within 30 minutes, Police Radio shall contact Police Tow to transport the ATV.

b. Contact the District of Occurrence’s Operation Room, obtain the next available Property Receipt (75-3) number and request the vehicle be run for wants. The Operations Room Supervisor shall ensure the Property Receipt and a print out of the wanted inquiry is reserved/available for the investigating officer.

NOTE 1: The vehicle identification number can usually be found on the frame of the ATV just below the engine. If the VIN can’t be located, contact Major Crimes Auto Squad at 215-xxx-xxxx (Monday-Friday 8:00 am to 10:00 pm) for assistance where to locate the VIN.

NOTE 2: If the ATV is in stolen status, the ATV shall be processed in accordance with Directive 12.5, Appendix “A” “Towing of Recovered Stolen Vehicles.”

c. Prepare a Parking Violation Report (PVR) and a 75-48, UCR Code 2814. Include the Property Receipt number and the Parking Violation Report number on the 75-48.

DIRECTIVE 3.21 - 7

NOTE: On the Parking Violation Report (PVR) check the box “Other” and insert “12-1133(2)” for the violation section and “Court” for the fine amount. Since the ATV is unattended, both copies of the PVR will be handed to the Operations Room Supervisor.

d. Once a tow truck arrives on location, the investigating officer shall:

1) Complete the Towing Report (75-7) by conducting a vehicle inventory describing any damage and/or missing equipment and personal property of value left on or in the vehicle by the operator/passenger.

2) At the top of the Towing Report (75-7) in the “Reason for Towing” block, the “Violation” Block will be checked off and the words “City Traffic Code Violation Section 12-1133(2)” shall be inserted into the “Trunk Locked” block. The “Location Vehicle Towed” block will be left empty.

3) The Towing Report will be signed off by the officer. Since the vehicle is unattended and if the owner is unknown, it will be noted by the investigating officer on the Towing Report (75-7), the Complaint or Incident Report (75-48) and the Property Receipt (75-3).

4) The tow truck driver will be given the white copy of the Towing Report.

e. Police Officers may respond to Priority 1 calls without a supervisor’s authorization. Also, officers may leave the scene prior to the arrival of a tow truck if other exigent circumstances develop (i.e. other than a Priority 1 call), but only when authorized by a supervisor. In either case, if an officer leaves the scene prior to the arrival of a tow truck, Police Radio will be notified to cancel the appropriate tower and the 75-48 will be coded UCR Code 2815. ______

4. OPERATION ROOM PROCEDURES

A. The Operations Room Supervisor shall:

1. Ensure all reports associated with ATVs are coded correctly in INCT as follows:

a. UCR Code 2812 will be used when an ATV was towed and the operator/owner was present,

b. UCR Code 2813 will be used when an ATV was NOT TOWED and the operator/owner was present ( i.e. exigent circumstances or excessive time for Tow Truck arrival),

DIRECTIVE 3.21 - 8 c. UCR Code 2814 will be used when an ATV is towed and no operator/owner was present, and

d. UCR Code 2815 will be used when an ATV was NOT TOWED and no operator/owner was present (i.e. exigent or excessive time for Tow Truck arrival).

2. When contacted by an officer impounding an ATV, reserve a Property Receipt (75- 3) for the officer and provide the Property Receipt Number to the officer over the phone.

3. Based upon the VIN provided by the investigating officer, run the vehicle/ATV for wants and attach a copy of the print out to the Parking Violation Report (PVR) prepared by the investigation officer.

NOTE: For unattended ATV seizures, the ATVs should also be run for a possible owner. If an owner can be identified, this information should also be attached to the PVR and inserted on the Property Receipt (75-3).

4. Ensure the Parking Violation Report (PVR) prepared for the ATV impoundment has the words “ATV IMPOUNDMENT” in the “Comments” section in LARGE, BOLD print and that a description of the operator and any available driver’s license numbers are included.

NOTE: The available space on the PVR is very limited. Ensure the information inserted by the investigating officer is legible.

5. Ensure all Parking Violation Reports (PVRs) issued for City Traffic Code section 12-1133(2) (i.e. ATV violations) are separated from all other PVRs and are directly sent to the Office of Administrative Review, 100 South Broad St. Suite 400, Philadelphia, PA 19110.

NOTE: THESE PARKING VIOLATION REPORTS SHALL NOT BE SENT TO THE PARKING AUTHORITY.

6. Ensure Property Receipts associated with ATV seizures in ROC North are forwarded to the Police Tow Squad (4298 Macalester Street) and the property Receipts associated with ATV seizures in ROC South are forwarded to the Police Impound Lot (7992 Penrose Ferry Road).

DIRECTIVE 3.21 - 9 ______

5. POLICE TOW SQUAD PROCEDURES

A. All-terrain vehicles (ATVs) impounded for violation of City Traffic Code section 12- 1133 from ROC North will be accepted at the Police Tow Squad from the Philadelphia Parking Authority tow, without a Property Receipt.

B. Once a Property Receipt is received from the investigating officer, Police Tow Squad shall be responsible for the coordination and transportation of ATVs received to the Police Impound Lot at the earliest time possible. ______

6. POLICE IMPOUND LOT PROCEDURES

A. All-terrain vehicles (ATV's) impounded for violation of City Traffic Code section 12- 1133 will be accepted at the Impound Unit from Police Tow or Philadelphia Parking Authority tow, without a Property Receipt.

B. A copy of the tow report will be made and a JNET (Justice Network) inquiry will be conducted. If JNET does not return an owner, a BMV check of all 50 states will be conducted.

C. When the Property Receipt arrives for an ATV at the Impound Unit:

1. verify which ATV it pertains to and sign the Property Receipt,

2. indicate the stock number of the ATV on the Property Receipt,

3. update the Property Receipt computer file, make a copy of the signed Property Receipt and mail it back to the district of origination for their records.

D. The Philadelphia Office of Administrative Review will contact the Impound Unit when all-terrain vehicle (ATV) related Parking Violation Reports (PVR) are received and when final dispositions are determined for an ATV. If the ATV is to be returned to an owner, the ETIMS system will be updated.

E. ATV's impounded for violation of City Traffic Code section 12-1133 will be released only upon receipt of a “release order” from the Office of Administrative Review (OAR) accompanied by a title and registration from the Pennsylvania Department of Conservation and Natural Resources (DCNR) if owned by a PA resident, along with acceptable identification. Proof of ownership for non-Pennsylvania residents will be based upon the owner’s home state requirements concerning titling and registration.

DIRECTIVE 3.21 - 10 NOTE: If an ATV is ordered released by the Office of Administrative Review, the owner is still responsible, separate and apart from any fines paid, for the towing and storage fees. Accordingly, ETIMS system will be checked for additional fees that may apply.

F. When the Office of Administrative Review (OAR) notifies and provides a Forfeiture Order, the Forfeiture Order shall provide the legal authority for the Impound Lot to have the vehicle destroyed.

G. Once a Forfeiture Order is received from the Office of Administrative Review (OAR), the ATV will be scheduled for destruction, but not less than 45 calendar days from the date of the Forfeiture Order/notification was received.

NOTE: The 45 day waiting period allows aggrieved ATV owner’s adequate time to appeal a forfeiture decision. However, in the case of an ATV where no owner can be or has been identified, upon receipt of a forfeiture order/notification from the Office of Administrative Review (OAR), the ATV will be immediately scheduled for destruction.

H. Once a vehicle is returned or destroyed all records and computer files will be updated and the Property Receipt will be forwarded to the evidence custodian.

I. On a monthly basis, the Philadelphia Parking Authority will be notified of all ATVs that have been forfeited and destroyed. ______

BY COMMAND OF THE POLICE COMMISSIONER ______

DIRECTIVE 3.21 - 11 PHILADELPHIA POLICE DEPARTMENT

ALL-TERRAIN VEHICLE (ATV) SEIZURE NOTICE

YOUR ALL-TERRAIN VEHICLE (ATV) HAS BEEN TOWED IN ACCORDANCE WITH PHILADELPHIA CITY CODE §12-1133 AND IS NOW UNDER THE AUTHORITY OF THE PHILADELPHIA OFFICE OF ADMINISTRATIVE REVIEW (OAR).

ACCORDING TO CITY CODE § 12-1133(5), “A PERSON WHO CLAIMS HIS OR HER VEHICLE (ATV) WAS WRONGFULLY SEIZED, INCLUDING AN OWNER WHO DID NOT KNOW AND COULD NOT REASONABLY HAVE KNOWN THAT THE VEHICLE WOULD BE USED IN VIOLATION OF PHILADELPHIA CITY CODE §12-1133, MAY SEEK RETURN OF THE VEHICLE PURSUANT TO THE PROCEDURES SET FORTH IN PHILADELPHIA CITY CODE §12-2406 (RECOVERY OF VEHICLES; HEARINGS).”

YOU MUST CONTACT THE OFFICE OF ADMINISTRATIVE REVIEW (OAR) LOCATED AT 100 SOUTH BROAD STREET, SUITE 400, PHILADELPHIA, PA 19110, TELEPHONE (215) xxx-xxxx, MONDAY THROUGH FRIDAY, FROM 9:00 AM TO 3:30 PM TO SCHEDULE A HEARING .

ONLY THE OFFICE OF ADMINISTRATIVE REVIEW (OAR) HAS THE AUTHORITY TO RELEASE THE VEHICLE.

POLICE OFFICER BADGE NO

VEHICLE NO. DATE

LOCATION OF SEIZURE PROPERTY RECEIPT NO.

75-639