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(1) Definitions. In this Section the following definitions apply:
(a) Underground Wires. Shall have the meaning provided for Underground Facilities in Chapter 11-700.
(a) No person shall construct, use or maintain any underground wire in the Right-of-Way, as defined in Chapter 11-700, except as authorized by and in accordance with Chapter 11-700 and the applicable provisions of this Chapter.
(b) No person shall construct any underground wire unless he has obtained a permit provided in Section 11-204.
(c) The construction and maintenance of underground wire shall be under the supervision of the Department of Streets, which shall have free access to them for inspection or making connections for the use by the City.
(d) Upon 30 days notice from the Department of Public Property, any person to whom the privilege of constructing any underground wire has been granted shall be required to furnish to the City for its free use, one tube, duct or chamber of a conduit, or the equivalent in good working wires.
(f) Any person to whom the privilege of constructing or maintaining underground wires has been granted shall be liable for injury or damages to Underground Facilities caused by the opening of street or the construction or maintenance of the underground wires.
Notes
622 | Amended by repealing subsections relating to "Private Signal Alarm Systems" and relating to taxes and fees payable by Sound Reproduction Licensees, 1993 Ordinances, p. 1207. Amended, Bill No. 050065 (approved April 20, 2005). |
623 | Source: 1883 Ordinances, p. 68; 1886 Ordinances, p. 243. |
624 | Charges for certain underground wires repealed by 1957 Ordinances, p. 387, and subsequent subsections renumbered. |
(1) The Department of Public Property and the Department of Streets, with the aid of the Police Department if necessary, shall prevent the unauthorized construction or maintenance of any underground wires, poles or overhead wires, and may remove them when they are erected or maintained in violation of this Chapter. 626
(2) Before the removal of any underground wire, pole or overhead wire, the Department of Public Property shall serve a written notice of the violation upon the owner or operator thereof, directing compliance within a reasonable period prescribed by the Department of Public Property, but not less than 30 days. At the expiration of the time for compliance, if the violation has not been corrected, the Department of Public Property may itself or by contract remove or disconnect such overhead wires, poles or underground wires, charge the cost to the owner or operator responsible for them. The Law Department shall act to collect such costs by lien or as otherwise legally provided.
Notes
625 | Amended by deleting former subsection (1) and renumbering, 1990 Ordinances, p. 715. |
626 | Source: 1908 Ordinances, p. 34. |
(1) Definitions. In this Section, the following definitions shall apply:
(a) Alarm System. Any assembly of equipment, mechanical, electrical or battery operated, arranged to signal the occurrence of an illegal entry, theft or robbery requiring urgent attention and to which the Police Department of the City of Philadelphia is alerted for response.
(b) Alarm User. Any person, firm, partnership, association, corporation, company or organization of any kind in control of any building, premises, structure or facility or portion thereof wherein an alarm system is installed, operated or maintained.
(c) Automatic Telephone Dialing Alarm System. Any alarm system which utilizes an automatic dialing device for transmitting a recorded message which alerts the Police Department of the City of Philadelphia.
(d) Department. The Philadelphia Police Department.
(e) False Alarm.
(.1) An alarm system activated in the absence of an emergency, whether willfully or by inadvertence, negligence, or unintentional act, including any mechanical or electrical malfunction of the alarm system, to which the Police Department of the City of Philadelphia is alerted for response. A false alarm shall not include an alarm activated by: testing or repairing of telephone or electrical lines or equipment outside the premises; unusually violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user; and an attempted illegal entry, theft or robbery where evidence of such attempt exists.
(.2) Multiple alarms received by the Police Department of the City of Philadelphia shall be considered a single alarm if the alarm system is deactivated or repaired within eight (8) hours of the initial activation.
(f) Intermediary. Any service which, upon an alarm system's activation, accepts and relays emergency messages by live voice to the Police Department of the City of Philadelphia on behalf of the alarm user.
(g) Procedural Response. The Philadelphia Police Department response to the activation of a properly registered alarm system based upon procedural priority of emergency response.
(a) It shall be unlawful for any alarm user to install, operate or maintain an alarm system unless such alarm user has registered its alarm system.
(.1) All Alarm systems shall be registered on forms provided by the Department of Licenses and Inspections.
(.2) The application for alarm system registration shall contain information necessary for the enforcement of this Section and it shall be the responsibility of the alarm user to report any changes in the registration information to the Department of Licenses and Inspections within five (5) days of the change.
(.3) The annual fee for the alarm system registration shall be fifty dollars ($50). Where one (1) or more alarm systems protects two (2) or more premises, a separate registration is required for each premises. On and after the effective date of the necessary implementing regulations, such fee shall be paid over to and collected by the intermediary, who shall pay such fees over to the Department upon such schedule and pursuant to such procedures as the Department shall establish, by regulation. 629
(.4) All alarm systems registered with the Department of Licenses and Inspections shall be installed, maintained and operated in compliance with all applicable provisions of The Philadelphia Code. All alarm users shall be responsible for the payment of any fees associated with the enforcement of this Section including alarm system registration fees, additional charges for false alarms and any costs associated with abatement.
(b) Every intermediary shall, before providing services to any alarm user, provide the Department of Licenses and Inspections with the name of such alarm user, together with the information relating to such alarm user required by subsection 9-305(2)(a)(.2) and as specified by the Department of Licenses and Inspections; and, on and after the effective date of the necessary implementing regulations, pursuant to subsection 9-305(2)(a)(.3), certification that the fee required by subsection 9-305(2)(a)(.3) has been paid. Such information shall be provided in a form acceptable to the Department of Licenses and Inspections, which may require the information to be provided in a machine readable form. 630
(3) Alarm System Response; Determination of Validity.
(a) In consideration for the alarm system registration fee provided for in subsection (2)(a)(.3), the Department will provide procedural response to alarm systems provided said alarm systems are installed, operated and maintained in accordance with the provisions of this Section.
(b) Whenever an alarm system is activated, thereby requiring a procedural response, and the Department does respond, a police officer on the scene of the activated alarm system shall inspect the area protected by the alarm system and shall determine whether an emergency or a false alarm exists. If the police officer determines the alarm to be false, the officer shall make a report of the false alarm, a notification of which shall be mailed or delivered to the alarm user.
(c) Nothing contained herein shall be construed as a waiver of immunity or limitation upon the City in asserting any rights or defenses available to it under the Tort Claims Act, 42 Pa. C.S. §§ 88501 et seq.
(4) False Alarms.
(a) It is hereby found and declared that the activation of three (3) or more false alarms within an alarm user's registration year is excessive and constitutes a public nuisance. Each false alarm over two (2) within an alarm user's registration year is a violation of The Philadelphia Code, subject to the provisions set forth in subsections (7) and (8). 631
(b) Any false alarm over seven (7) in a given registration year may, in addition to the charges per occurrence, result in the revocation of the alarm user's registration in the following manner:
(.1) The Department of Licenses and Inspections shall notify the alarm user in writing by mail, that the alarm user's registration has been revoked. The notice shall set forth the reasons for revocation, and the date of revocation.
(.2) The alarm user may re-apply for registration of its alarm system in accordance with subsection (2) of this Section. Registration will be granted upon the alarm user's payment of the annual fee for registration, payment of any outstanding charges and certification from any alarm business approved by the Department that the alarm system is operating properly.
(c) In addition to the above, the Department of Licenses and Inspections is authorized to inspect any alarm system activating more than seven (7) false alarms in a given registration year and order the alarm user to take immediate corrective action. If the Department of Licenses and Inspections finds that the alarm user has failed to correct the alarm system within the time specified in the order, it may itself, or by contract, upon the issuance of an order by a court of competent jurisdiction correct or disconnect the alarm system, charging the cost thereof to the alarm user and with the approval of the Law Department collect such cost by lien or otherwise as may be authorized by law.
(5) Audible Alarm System. Alarm users shall equip audible alarm systems with a timing mechanism that will disengage the alarm after a maximum period of fifteen (15) minutes. Audible alarm systems without such timing mechanisms are prohibited.
(6) Automatic Telephone Dialing Alarm System. It shall be unlawful for any alarm user to install, operate or maintain an automatic telephone dialing alarm system. The Department of Licenses and Inspections is authorized to eliminate any automatic telephone dialing alarm system, charging the cost thereof to the alarm user.
(a) Except as otherwise provided by this Section, the Department shall enforce the provisions of this Section and may promulgate regulations for the implementation of this Section.
(b) For the purposes of enforcing the provisions of this Section with respect to alarm users, notice of violation shall be issued by police officers or any other person authorized to enforce ordinances, pursuant to the procedures set forth in Section 10-1606 of this Code. Contested charges shall be resolved, fines shall be imposed, and payments shall be collected and processed by the Director of Finance and the Bureau of Administrative Adjudication (or such other office, including the Office of Administrative Review, as the Director of Finance shall designate), all pursuant to the procedures set forth in Sections 10-1604 through 10-1609.
(c) Notwithstanding the foregoing, any alarm user to whom a notice of violation is issued may, within eight (8) days of receipt, pay seventy-five dollars ($75) with respect to a notice of violation of subsection 9-305(4)(a) or pay one hundred fifty dollars ($150) with respect to a notice of violation of subsection 9-305(2)(a), (4)(b) or (5), in lieu of contesting the violation and in lieu of any other fines or penalties. The notice of violation shall contain an appropriate notice to the recipient of his or her right not to contest the violation and appropriate instructions and procedures for payment, as prescribed by the Director of Finance.
(8) Penalties.
(a) The penalty for a violation of subsection 9-305(4)(a) shall be one hundred fifty dollars ($150) for each violation. The penalty for violation of subsection 9-305(2)(a), (4)(b) or subsection 9-305(5) shall be three hundred dollars ($300). Any other violation of this Section shall constitute a Class II Offense, pursuant to Section 1-109 of this Code. 633
(b) Each day a violation continues or is permitted to continue shall constitute a separate offense for which a separate penalty may be imposed.
(c) Any fine or costs imposed by the court shall be entered as a judgement against the violator.
(9) Severability. If any provision or application of this Chapter is held invalid, the remainder of the Chapter and all other applications shall not be affected thereby.
Notes
627 | Former Section repealed and new Section added, 1992 Ordinances, p. 709. |
628 | Amended, Bill No. 482 (approved April 26, 1993); 1993 Ordinances, p. 529. Section 2 of Bill No. 482 provides: "Effective Date. This Ordinance shall take effect immediately. Notwithstanding Section 3 of Bill No. 121 (approved July 16, 1992), and notwithstanding any other provision of this Ordinance to the contrary, an intermediary subject to subsection 9-305(2)(b) of The Philadelphia Code, as added by Section 1 of this Ordinance, shall have until May 1, 1993 to comply with such subsection 9-305(2)(b) with respect to all alarm users who use such intermediary's services on the effective date of this Ordinance, and shall have until July 1, 1993 to comply with respect to any alarm users who begin to use such intermediary's services after the effective date of this Ordinance." |
629 | Amended, Bill No. 080856 (approved December 8, 2008). |
630 | Amended, Bill No. 080856 (approved December 8, 2008). |
631 | Amended, Bill No. 080856 (approved December 8, 2008). |
632 | Amended, Bill No. 080856 (approved December 8, 2008). |
633 | Amended, Bill No. 080856 (approved December 8, 2008). |
(1) As used in this Section, "Communication Antenna Facilities" means small cell nodes, distributed antenna systems (DAS) and similar equipment deployed, along with associated infrastructure, for "personal wireless services", as that term is defined in 47 U.S.C. § 322(c)(7)(C), and "commercial mobile services", as that term is defined in 47 U.S.C. § 332(d).
(2) No person shall attach communication antenna facilities to a pole or any portion of a structure that is located in the public right-of-way or maintain an existing antenna on such a pole or portion of a structure, except pursuant to a permit issued by the Department of Licenses and Inspections.
(3) A permit to attach communication antenna facilities to a pole shall be issued by the Department upon:
(a) Completion of such application as required by the Department, in consultation with the Department of Streets, including the size and type of antenna and facilities to be attached, the location of the pole or portion of the structure, and such other information as may be required by the Department;
(b) Determination by the Department, in consultation with the Department of Streets, that the applicant's proposal meets any standards for placement of communication antenna facilities on poles or structures as may be established by the Department of Streets by regulation, which regulations may include requirements:
(.1) regarding weight bearing loads, clearance requirements, aesthetic requirements and such other requirements as may be necessary for effective management of the right-of-way;
(.2) to remove or promptly repair an antenna determined by the Department to present a risk to health or safety;
(.3) to label the antenna in a clearly visible manner with identifying information;
(.4) to enter into an agreement with the Department with respect to maintenance, inspection and removal of communication antenna facilities;
(.5) to provide information, on a regular basis, regarding all communication antenna facilities owned by the applicant located in the right-of-way; and
(.6) such other requirements as may be determined by the Department of Streets to be necessary for management of the permitting program.
(c) If communication antenna facilities are to be attached to a City-owned pole or structure, demonstration that the applicant has written authorization from the City for use of the pole or structure at issue. 635
(d) Payment of such application or permitting fee as may be established by the Department of Streets by regulation to recover the costs of Administration of the permitting program. Payment of such fee shall not be exclusive of any additional rent, fee or other amount the City may charge in connection with the use of its property for such purposes.
(4) In the event of any conflict between the provisions of this Section and the provisions of Chapter 11-700 of the Code ("Right-of-Way Management"), the provisions of this Section shall control.
Notes
634 | |
635 | Enrolled bill read "... pole or structure are issue." |