§ 9-617.  Fences Around Transportation Installations. 885
   (1)   Definitions. In this Section the following definitions shall apply:
      (a)   Transportation installation. Any station, terminal, or other location within the City, excluding bus or trolley stops, where train tracks are located or where trains, trolleys or buses receive and/or discharge passengers.
      (b)   Residential area. Any district within the City which is zoned residential pursuant to Section 14-401 of this Code. 886
      (c)   Department. The Department of Licenses and Inspections.
   (2)   Construction and Repair of Fences.
      (a)   All owners or operators of transportation installations within the City of Philadelphia shall construct and keep in good repair fences at that portion of any transportation installation located in a residential area of the City where people can reasonably be expected to congregate in order to make use of a transportation installation or attempt to cross train tracks, thereby creating a potentially dangerous situation and threat of accident.
      (b)   The Department is empowered to inspect all transportation installations within residential areas in the City of Philadelphia to make determinations whether conditions exist creating potentially dangerous situations and threat of accident as provided in subsection 9-616(2)(a) hereof. In the event that the department determines that a potentially dangerous situation and threat of accident exists, it may order the owner or operator of a transportation installation to comply with the regulations of this Section in accordance with subsection 9-616(3).
      (c)   All fences must be approved by the Department as concerns design and location.
         (.1)   Fences shall be of durable material, at least four (4) feet in height, and shall be placed at transportation installations as provided by subsection 9-616(2)(a), in such a manner as to not seriously hamper the operation of the affected transportation service.
      (d)   Owners or operators of transportation installations and the Department shall make their determinations of where fences are to be erected in order to protect the public from potentially dangerous situations and threat of accident based upon consideration such as, but not limited to, the following:
         (.1)   the proximity of the train or bus installation to the homes of nearby residents; and
         (.2)   the degree to which people, especially children, frequent the area of the train or bus installation; and
         (.3)   the number of injuries which have occurred at the particular train or bus installation; and
         (.4)   complaints received relating to the presence of people, especially children, on or about train tracks.
   (3)   Administrative Provisions.
      (a)   Where the Department determines that any owner or operator of a transportation installation shall be required to erect or repair any fence around said installation, a written notice of that determination shall be given, together with an appropriate order to comply, to the owner or operator.
         (.1)   The order to erect a fence shall provide that be completed within sixty (60) days.
         (.2)   The order to repair a fence shall provide that repairs be completed within thirty (30) days.
      (b)   Any person aggrieved by a decision or any action of the Department may appeal to the Board of Licenses and Inspections Review for a review of the determination in accordance with the procedure prescribed by the Board. If this appeal is filed within ten (10) days after giving of notice of the determination and action of the Department, compliance with an order to erect or repair shall not be required when the appeal is pending before the Board or before the Court, except, as provided in subsection 9-616(3)(c).
      (c)   Whenever the Department finds that a condition exists at any train or bus installation which creates an emergency requiring immediate corrective action to protect the safety of the public, it may issue an order to erect or repair fences reciting the existence of the emergency and requiring necessary action to be taken immediately. Any person to whom such order is directed shall comply immediately even though an appeal is taken to the Board. Any person aggrieved by such an order may appeal to the Board, as provided in subsection 9-616(3)(b).
   (4)   Abatement. When an order of the Department to erect or repair a fence has not been complied with in the time prescribed therein and there is no appeal pending, except as provided in subsection 9-616(3)(c), the Department may itself, or by contract, erect or repair the fence; charge the cost thereof to the owner or operator; and with the approval of the Law Department collect the cost of the work by lien or as otherwise may be authorized by law.



   Added, 1982 Ordinances, p. 1659 (Note: Enrolled Bill No. 1318, passed over the Mayor's veto on November 4, 1982, erroneously numbered this as Section 9-616. Also note: Pursuant to Bill No. 1728 (approved June 15, 1983), the effective date of Section 9-617 was September 12, 1983.); amended by deleting subsection (5), 1990 Ordinances, p. 715.
   Amended, Bill No. 120774-A (approved January 14, 2013).