Chapter 1-100. Definitions, Construction, Penalties and Enforcement
§ 1-101. Title.
§ 1-102. Effective Date.
§ 1-103. Definitions.
§ 1-104. Construction.
§ 1-105. Amendments and Additions.
§ 1-106. Severability.
§ 1-107. Repeals and Saving Provisions.
§ 1-108. Certification.
§ 1-109. Fines and Penalties.
§ 1-110. Service of Notice of Violation.
§ 1-111. Fraud or Deceit in Obtaining Licenses or Permits.
§ 1-112. Notices of Violation.
(1) The Code shall become effective sixty days after its approval.
(2) The authority to promulgate regulations under the Code shall become effective immediately upon the approval of the Code.
(3) Rules and regulations promulgated prior to the enactment of the Code shall remain in force until revoked, modified, or superseded.
(1) Unless otherwise provided in the Code, the following definitions apply:
(a) Agency. Any office, department, board, or commission of the City including any officer, employee, or other authorized representative thereof, other than the Council or the courts.
(b) Charter. The Philadelphia Home Rule Charter.
(c) City. The City of Philadelphia.
(d) Code. The Philadelphia Code.
(e) Commonwealth. The Commonwealth of Pennsylvania.
(f) Council. The Council of the City of Philadelphia.
(i) Person. 4 An individual, partnership, corporation, or association, including those acting in a fiduciary or representative capacity whether appointed by a court or otherwise. Whenever used in any clause prescribing or imposing a penalty, the term "person" as applied to partnerships or associations shall include the partners or members thereof, and if applied to corporations, the officers thereof.
(j) Whoever. 5 Any "person" as herein defined. Whenever used in any clause prescribing or imposing a penalty, the term "whoever" shall include any person who causes an act to be done, whether directly performed by himself or otherwise or who aids, abets, counsels, commands, induces or procures its commission.
(2) The singular shall include the plural, and the plural, the singular. Words used in the masculine gender shall include the feminine and neuter. Words used in the past or present tense shall include the future.
(3) Any word not specifically defined shall be construed according to its common usage.
Notes
| 2 | Added, Bill No. 130224 (approved May 8, 2013). |
| 3 | Added, Bill No. 130224 (approved May 8, 2013). |
| 4 | Renumbered, Bill No. 130224 (approved May 8, 2013). |
| 5 | Renumbered, Bill No. 130224 (approved May 8, 2013). |
(1) The arrangement and classification of the several provisions of the Code have been made for the purpose of a convenient and orderly arrangement. No inference, implication, or presumption of legislative construction shall be drawn because of the location of any provision, nor shall any outline, analysis, index, or descriptive matter relating to the contents of the Code be given any legal effect.
(2) Section captions are part of this Code. However, references to Sections are not intended to be exclusive, or to exclude other Sections which may be applicable.
(3) Footnotes are not part of the Code. They are included to indicate the historical sources of the provisions of the Code.
(4) Regulations may be issued by the appropriate agency, pursuant to Section 8-407 of the Charter, to implement any of the provisions of this Code.
(1) Amendments and additions to the Code shall be enacted in such form that pertinent provisions are set forth in full with:
(a) words which are eliminated by the adoption of the amendment printed between brackets; and
(b) words which are added by the passage of the amendment underscored or italicized.
(2) After the approval of any such amendment or addition, the substantive changes made shall be incorporated into the Code under the supervision of the Law Department. The Law Department is authorized, when incorporating changes into the Code or when updating prior versions of the Code, and without denoting in the Code that changes were made: 7
(a) to standardize into a single format regularly occurring words or symbols for which there are two or more generally accepted methods of representing precisely the same term (such as "feet" and "ft."; or "percent" and "%"); and
(b) to standardize numbering and lettering of Code Sections and subsections.
(c) In no instance shall a word be replaced by a synonym of that word and no change shall be made in a circumstance where the use of the replacement word or symbol, or a change in Section or subsection numbering or lettering, could alter the meaning of the Code language.
(d) The Law Department shall periodically provide to the Chief Clerk of Council a listing of the standardized words or symbols being used.
(e) In the event of a discrepancy between the Code and the certified copy of an ordinance, the certified ordinance shall control.
(3) The Procurement Department, with the assistance of the Law Department, shall publish and distribute by March 31 of each year a supplement to the Code which shall include all amendments and additions to the Code during the previous calendar year. Each amendment or addition shall be designated by Title, Chapter and Section numbers for easy reference. Each supplement shall be placed after the index in the Code.
(4) Commencing on March 31, 1984 and every four (4) years thereafter, the Procurement Department, with the assistance of the Law Department, shall publish and distribute a new and up-to-date edition of the Code in lieu of an annual supplement.
(5) The initial annual supplement to the Code, which supplement shall make the Code current through December 31, 1982, shall be published by December 31, 1983.
(6) At least five (5) copies of the Code, with annual supplements, shall be available for public inspection during regular City office hours. Notice of time and place where the Code is on public display shall be advertised at least once a year in the same publications as are used for publication of Councilmanic notices.
Notes
| 6 | Amended and new subsection added, 1983 Ordinances, p. 1157. |
| 7 | Amended, Bill No. 170243 (approved May 17, 2017). |
(1) The provisions of the Code are severable, and if any provision or application is held illegal, such illegality shall not affect the remaining provisions. It is the legislative intent of the Council that the Code would have been adopted if such illegal provision had not been included and any illegal application had not been made.
Loading...