TITLE 18.  COMMERCE
Chapter 18-100.  Port Operations
   § 18-101.   Bulkhead and Pierhead Lines.
   § 18-102.   Leases and Licenses of Harbor Facilities.
   § 18-103.   Permits for Building Piers.
   § 18-104.   Numbering of Piers.
   § 18-105.   Caplog Requirements.
   § 18-106.   Fire Signals.
   § 18-107.   Repeal and Saving Provisions.
Chapter 18-200.  Airports
   § 18-201.   Leases of Airport Facilities.
   § 18-202.   Joint Airport Zoning Board.
   § 18-203.   Prohibited Aircraft at North Philadelphia Airport.
   § 18-204.   Passenger Charges.
Chapter 18-300.  Economic Development Reporting
   § 18-301.   Definitions
   § 18-302.   Economic Development Reporting Requirements
   § 18-303.   Enforcement, Administration and Penalties
Chapter 18-400.  Tax Incentive Reporting
   § 18-401.   Aggregate Data Reporting.
Chapter 18-500.  Project Information Forms
   § 18-501.   Legislative Findings.
   § 18-502.   Definitions.
   § 18-503.   Project Information Form Required.
   § 18-504.   Administration.
CHAPTER 18-100.  PORT OPERATIONS 1
§ 18-101.  Bulkhead and Pierhead Lines.
   (1)   The Department of Commerce shall establish bulkhead and pierhead lines and the distance required between piers, wharves or other harbor structures, subject to the regulations of the Federal or State government or any interstate commission or authority. 2
§ 18-102.  Leases and Licenses of Harbor Facilities. 3
   (1)   In fixing the rates and charges for, and the term of use of City port facilities, including rates, fees and charges for the exercise of any privilege or right as hereinafter provided, the Department of Commerce shall, in so far as possible, follow such standards as shall:
      (a)   Make the facilities available for the handling of the water-borne commerce of the port on fair and reasonable terms and without unjust discrimination;
      (b)   Promote the maximum use of the City-owned piers for the accommodation of water-borne commerce of the port;
      (c)   Produce revenues at least sufficient to cover the City's cost of providing, operating and maintaining the facilities; and at least sufficient to permit the rehabilitation and improvement of existing facilities as needed, and the development of new facilities as required by the water-borne commerce of the port;
      (d)   Result in rates and charges which reflect the relative capacity and efficiency of each pier facility;
      (e)   Give consideration to, but not necessarily reflect, the rates and charges for, and the term of use of, pier facilities and services generally prevailing within the City and in other competitive ports along the Atlantic seaboard for comparable space, facilities and services;
      (f)   Assure that any existing tenant who is directly serving the water-borne commerce of the port in a satisfactory manner is permitted to continue occupancy of his pier or other facility, provided such tenant is willing to pay the rates and charges currently established by the City for the use of the facility;
      (g)   Reserve the right to include an increment in lieu of taxes in its rates and charges for the use of City-owned pier facilities;
      (h)   Give consideration to the investment or expenditure which any lessee or licensee agrees in writing to make and which will, in the opinion of the Department, result in an increase in the capacity, efficiency or useful life of the facility in which it be made;
      (i)   Permit the letting on a net rent basis of new facilities proposed to be constructed, with assurance to the tenant as to both occupancy and rental rate, provided that the City be relieved of all obligations with respect to maintenance, operation and repair, and provided further, that the City receive a rental sufficient to pay out its investment with interest plus interest on its investment in the land occupied over the period of the lease.
   (2)   The rates and charges to pier tenants and to prospective pier lessees for the use of space and facilities shall be calculated on one or a combination of the following bases:
      (a)   A charge per square foot of space used or occupied; or
      (b)   A flat guaranteed monthly, quarterly or annual rental, fee or charge; or
      (c)   A specified percentage of revenues received by such lessee; or
      (d)   A specified rate per ton of freight handled by such lessee; or
      (e)   A specified rate per hour for each hour of use of a particular facility or installation; or
      (f)   A specified charge per usage of any facility or per exercise of any privilege or right.
   (3)   (a)   The Director of Finance is hereby authorized to establish a Pier Maintenance Fund within the Department of Commerce to which shall be credited all payments for structural maintenance purposes in excess of the stated minimum rental for any leased pier facility. The aforesaid Fund shall be used for the structural maintenance of all City piers making contributions to said Fund; provided, however, that no money may be expended from said Fund prior to January 1, 1957.
      (b)   The term "structural maintenance" shall be deemed to include, but shall not be limited to, responsibility for support piling, pier framing, bracing and decking, building columns, girders, beams and trusses, interior bearing walls and floor framing and periodic replacement of fender system.
      (c)   All leases for pier facilities shall provide for the crediting to the Pier Maintenance Fund established under subsection (a) of payments provided for specifically in said leases for structural maintenance purposes; provided, however, that payments into said Fund shall in no case be less than 11.11% nor more than 25% of the minimum rental provided in said lease.
   (4)   This Section shall not be construed to affect or impair the validity of the terms or conditions of any existing lease or license or other agreement for the use of space or facilities, or the exercise of any privilege or right in and about the grounds or buildings of the pier facilities.
§ 18-103.  Permits for Building Piers.
   (1)   A permit shall be obtained before any pier, wharf or other harbor structure is built, extended, altered, improved or repaired, other than necessary repairs of the existing structure costing not more than $300. 4
   (2)   Application for such permit shall be made to the Department of Licenses and Inspections in such form as the Department requires.
      (a)   No permit shall be issued unless the proposed construction will conform to the regulations of the Department of Commerce.
   (3)   If the proposed structure, extension, alteration, improvement or repair will encroach upon the waterway, no permit shall be granted until a public hearing on the application has been held by the Department of Commerce, preceded by notice by advertisement twice a week for two successive weeks in two newspapers of general circulation published in the City.
      (a)   The applicant for the permit shall arrange and pay for the advertisements and furnish the Department of Licenses and Inspections with proof of such advertisement prior to the hearing.
   (4)   The fee for the issuance of a permit shall be $1.50 per $1,000. cost of construction up to $100,000. and $.75 for each additional $1,000. cost of construction thereafter, but the fee shall not be less than $10. where a public hearing is required, nor for less than $3. where no public hearing is required.
   (5)   The Department of Licenses and Inspections may itself or by contract remove any structure built without the permit required by § 18-103(1) or in violation of the regulations of the Department of Commerce, the cost to be charged against the owner. The Law Department may take such action for the collection of such costs, by lien or otherwise, as may be authorized by law.
§ 18-104.  Numbering of Piers.
   (1)   The Department of Commerce shall number piers along the west side of the Delaware River. 5
   (2)   Any pier owner who, 30 days after receipt of notice from the Department of Commerce of the number assigned his pier, fails to have such number prominently displayed at both the outshore and inshore end of such pier in numerals at least 2 feet high shall be subject to a fine of $5. for each day the violation continues.
   (3)   The Department of Commerce may itself or by contract place the assigned number upon the pier of any person who fails to do so in violation of the foregoing subsection, the cost to be charged against the owner of such pier. The Law Department shall take such action for the collection of such costs by lien or otherwise as may be authorized by law.
§ 18-105.  Caplog Requirements.
   (1)   The owner of any wharf shall place on every side of such wharf facing the water a caplog, at least 8 inches in height above the level of such wharf and scalloped or pierced on the lower side thereof so as to allow the water to run off from the wharf, and shall maintain such caplog in good conditions. 6
   (2)   The Department of Commerce may waive the foregoing requirements upon such terms and conditions as it may set whenever in its judgment public safety is otherwise assured.
   (3)   The Department of Commerce shall notify any person violating § 18-105(1) within a reasonable time, not less than 10 days.
   (4)   If the order of the Department of Commerce issued pursuant to § 18-105(1) is not complied with, the Department may itself or by contract place or repair a caplog to comply with this Section, the cost to be charged against the violator. The Law Department shall take such action for the collection of such costs by lien or otherwise as may be authorized by law.
   (5)   The penalty for violation of an order of the Department of Commerce issued pursuant to § 18-105(1) is a fine of $10. for every day that the violation continues.
§ 18-106.  Fire Signals.
   (1)   In case of fire on board ship or on a pier at which a ship is moored, an alarm shall be given by the ship, and by the pier if it has an alarm, by sounding 5 prolonged blasts of 4 to 5 seconds duration on a whistle or siren. Such signal shall be repeated at intervals and shall be used in addition to other means of reporting a fire. 7
§ 18-107.  Repeal and Saving Provisions.
   (1)   The Act of June 8, 1907, P.L. 488, entitled "A SUPPLEMENT TO an act, entitled 'An act to provide for the better government of cities of the first class in this Commonwealth, approved the first day of June, one thousand eight hundred and eighty-five; creating a Department of Wharves, Docks, and Ferries, for the improvement, regulation, and supervision of the construction, extension, alteration, maintenance, and use of wharves, piers, bulkheads, docks, slips, basins, ferries, harbors, and harbor structures, in cities of the first class; and providing for the making and enforcement of rules and regulations, and fixing certain penalties for violation thereof; and providing for the acquisition of property by said cities, by purchase, and by condemnation, for certain purposes,'" to the extent not already superseded by the Charter, is hereby expressly superseded except that so much of said act as empowers councils of cities of the first class to take, condemn, and appropriate by ordinance property for use as a public wharf, pier or bulkhead or for other uses, and establishing a procedure therefore is hereby expressly saved.

 

Notes

1
   Charter refs.: §§ 4-500, 4-501, 5-1002.
2
   Source: Act of June 8, 1907, P.L. 488, 53 P.S. §§ 4291 et seq. Powers of Department of Wharves, Docks and Ferries now vested in the Department of Commerce.
3
   Added, 1956 Ordinances, p. 427.
4
   Source: Act of 1907, supra, and 1915 Ordinances, p. 366, as amended; 1949 Ordinances, p. 37, changed maximum exempt limit from $100 to $300.
5
   Source: 1916 Ordinances, p. 272.
6
   Source: 1857 Ordinances, p. 155, as amended; 1924 Ordinances, p. 200.
7
   Source: 1949 Ordinances, p. 175.