Proposed Modifications to Title 12
§ 12-102. Definitions.
In this Title the following definitions apply: (1)
Authorized Emergency Vehicle.
Vehicles of the Fire and Police Departments, and such other emergency vehicles as meet the requirements of The Vehicle Code and are marked as specified by the Police Commissioner. (2)
Bicycle Lane.
The portion of a street set aside primarily for bicycle travel.
(3)
Bus Stand.
A fixed area in the roadway to be occupied exclusively by buses for lay-over in operating schedules or waiting for passengers. (4)
Bus Stop.
A fixed area in the roadway parallel and adjacent to the curb set aside for the expeditiousloading and unloading of passengers only. (5)
Curb Loading Zone.
A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. (6)
Department.
The Department of Streets. (7.1)
Inoperable Bicycle.
A bicycle or portion of a bicycle determined to be inoperable due to two or more of the following: missing wheel and tire; significantly bent or corroded wheel; missing tire without missing wheel; significantly corroded and flat tire; missing seat; missing handlebars; missing pedals; missing, broken or inoperable chain; or broken or significantly bent frame.
(7.2)
Laned Roadway.
A roadway which is divided into two or more clearly marked lanes for vehicular traffic.
(8)
Limited Access Highway.
A public highway to which the owners or occupants of abutting property or the traveling public have no right of ingress or egress to, from or across such highway, except as may be provided by the authorities responsible therefor. (8.1)
Live Performing Artists.
Live Performing Artists include natural persons or groups of natural persons who do live performance arts including, but not limited to, music, dance, comedy, theater, and opera.
(8.2)
Live Performing Arts.
Arts performed live including, but not limited to music, dance, comedy, theater, and opera.
(8.3)
Live Performing Arts Venues.
Venues that host Live Performing Arts performances on at least three separate days per week on a regular schedule and hire one or more Live Performing Artists to perform the equivalent of sixteen individual performances per week.
(9)
Loading and Unloading.
The transfer of persons or property between a vehicle and the sidewalk, or between a vehicle and a nearby building or buildings. (10)
Official Time Standard.
Eastern Standard time or daylight saving time, as may be in current use inthe City.
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(11)
Official Traffic-Control Device.
All signs, signals, markings and devices placed or erected by state or city officials having jurisdiction for the purpose of regulating, warning, or guiding traffic, in accordance with the provisions of The Vehicle Code. (12)
Parking Lane.
The portion of a street reserved for the parking of motor vehicles. (13)
Parking Meter.
Any device, mechanism or internet-based application used to collect payment in exchange for on street vehicle parking. A parking meter must provide instructions indicating applicable fees and parking time limitations established by the City.
(14)
Passenger Loading Zone.
A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (15)
Pedestrian Traffic Control Signals Designed to Meet the Needs of the Disabled and Senior Citizens.
A traffic signal that has been designed and/or modified to extend the WALK phase of traffic lights to allow the disabled and senior citizens sufficient time to safely cross through an intersection.
(15.1)
Public Safety Risk: an imminent and articulable risk of bodily injury to a specific person or damage to private or public property or actual bodily injury to a specific person or damage to public or private property.
(16)
Railroad.
A carrier of persons or property upon cars, other than street cars, operated upon stationary rails. (16.1)
Self-Propelled Mobility Device.
A self-balancing two non-tandem-wheeled device or a self- balancing one-wheeled device, designed to transport only one person with an electric propulsion system. This term includes, but is not limited to, hoverboards and one-wheeled electric transporters. This term does not include: (i) self-propelled wheelchairs; (ii) electrical mobility devices, operated and designed for the exclusive use of persons with mobility related disabilities; or (iii) electric personal assistive mobility devices ("EPAMDs"), regulated under the Pennsylvania Vehicle Code, 75 Pa. C.S. § 101 et seq.
(17)
Stop.
Complete cessation of movement. (18)
Stop, Stopping or Standing.
Any stopping or standing of a vehicle whether occupied or not, except where necessary to avoid conflict with other traffic or in compliance with the directions of a policeofficer or traffic control device. (19)
Street.
Every way or place, of whatever nature, open to the use of the public as a matter of right, for purposes of vehicular travel. The term "highway" shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, universities, or other institutions. (20)
Taxicab Stand.
A place set aside for taxicabs to stand or wait for passengers. (21)
Travel Lane.
The portion of a street available to travel by all vehicle types. (22)
The Vehicle Code.
The Vehicle Code of the Commonwealth of Pennsylvania, as amended. (23)
Valet Parking Zone.
A place adjacent to a curb reserved for the exclusive use of vehicles for the expeditious loading and unloading of passengers and to turn control of the vehicle over to a valet parking operator for the expeditious removal of the vehicle from the valet parking zone to a licensed off-street parking facility.
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(24)
Variable Speed Limit Sign.
The term shall include, but is not limited to, a blank-out message, a variable message, or a message in effect during the operation of flashing beacons.
(25)
Watercraft.
As defined in 30 Pa. C.S. § 102.
(26)
Watercraft trailer.
As defined in 30 Pa. C.S. § 5332.
§ 12-201. Duties of Police Department.
(1) The Police Department shall: (a)
Subject to the provisions of subsection,
enforce the provisions of this Title and of The Vehicle Code applicable to street traffic in this City, investigate accidents, cooperate with the Department and other City departments and agencies in the administration of the traffic laws anddevelop ways and means to improve traffic conditions; (b) Cooperate with the Department in conducting studies of highway accident locations and determining remedial measures; (c) Maintain a suitable system of filing traffic accident reports. A record of each accident shall be filed alphabetically by location, and shall be available solely for the use and information of the Police Department and the Department; (d) Maintain a record, filed alphabetically under the name of the operator concerned, of all traffic accidents, which shall be available solely for the use and information of the Police Department and the Department.
(e)
C ollect and store data on the race, ethnicity, and gender of people subjected to Motor Vehicle Code stops and Motor Vehicle Code and Title 12 traffic tickets, citations or warnings; the make, model, and year of the vehicle involved; officer name; officer badge number; police service area (PSA); police district; time; date; location; type of offense; the number of motor vehicle stops conducted pursuant to 12-202 (2) disaggregated by violation alleged, category of exception, and police service area; and, if vehicle was stopped, the reason for the stop, the outcome of the stop, including whether a ticket, citation or warning was issued, if body worn camera (BWC) exists, and whether a 75-48A was created. (f) Publicly publish the data as it becomes available and issue publicly available quarterly reports. (g) In cooperation with community stakeholders, develop and implement a strategic plan to eliminate racial disparities in the enforcement of provisions of this Title and the Motor Vehicle Code. (2) A police or other authorized law enforcement officer shall not initiate a motor vehicle stop for a suspected violation of any provision of this Title or the Motor Vehicle Code unless the violation presents an imminent public safety risk as defined by 12-102(15.1) or is an exceptiondelineated in subsection (3), (4)(b) or (5) of this section.(a) Scope: Nothing in this section shall limit a police or other authorized law enforcement officer from stopping a vehicle when there is reasonable suspicion or probable cause tobelieve the vehicle, driver, or passenger is engaged, or is about to engage, in an offense
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