New York, NY asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania

Q: Where does the parking authority receive their authority?

In Philadelphia, where it must be similar to NYC, there is a parking authority. I asked their law department the following question and they could not answer, and I just want to know for my records:

Will you please show me the law that states that people who are not engaged in commerce and park their private property automobiles on public roads while traveling in Philadelphia in certain areas and during certain times need to pay for permission to do so (where the alleged jurisdiction from PPA comes from and by what authority, mainly for the Residential Parking Permit program), even though they have no contract with PPA?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: The authority of a parking authority, like the Philadelphia Parking Authority (PPA), typically comes from state legislation or municipal code that grants them power to regulate parking in public spaces. For Philadelphia, this authority originates from the Commonwealth of Pennsylvania, which established the PPA under state law. The PPA operates under the legal framework set by the state and the City of Philadelphia, allowing it to enforce parking regulations, issue permits, and collect fines.

In the case of the Residential Parking Permit program, the regulations governing who needs a permit and when it must be paid for are usually laid out in the city’s ordinances. These ordinances are passed by the City Council and are meant to manage parking in congested or high-demand residential areas to ensure availability for residents. The PPA enforces these rules based on the city's legislation, which means that even without a direct contract with them, residents must comply with the local laws that are in place.

The key point is that parking on public roads is not an absolute right; it is regulated by laws that a city or municipality enacts to manage public space effectively. These laws are considered valid under the city's police powers to regulate traffic and ensure public safety and order. If you are looking for the specific law or ordinance, you would need to refer to Philadelphia's City Code, particularly the sections that address parking and vehicle management.

Rich Maloumian Jr. agrees with this answer

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