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PHILADELPHIA HOME RULE CHARTER
THE PHILADELPHIA CODE
TITLE 1. GENERAL PROVISIONS
TITLE 2. CITY-COUNTY CONSOLIDATION
TITLE 3. AIR MANAGEMENT CODE
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
TITLE 4.1. ELECTRICAL CODE
TITLE 4.2. PROPERTY MAINTENANCE CODE
TITLE 5. FIRE PREVENTION CODE
TITLE 6. HEALTH CODE
TITLE 7. HOUSING CODE
TITLE 8. PLUMBING CODE
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-100. GENERAL PROVISIONS
CHAPTER 9-200. COMMERCIAL ACTIVITIES ON STREETS
CHAPTER 9-300. COMMUNICATION
CHAPTER 9-400. CARRIERS
CHAPTER 9-500. BOILERS, FUEL, HEAT AND REFRIGERATION
CHAPTER 9-600. SERVICE AND OTHER BUSINESSES
§ 9-601. Garages, Parking Lots, Sales Lots and Sales Showrooms.
§ 9-602. Outdoor Advertising.
§ 9-603. Pawnbrokers.
§ 9-604. Refuse Collection.
§ 9-605. Towing.
§ 9-606. Ammunition.
§ 9-607. Firearms.
§ 9-608. Real Estate Signs.
§ 9-609. Self-Service Laundries.
§ 9-610. Massage Businesses.
§ 9-611. Masseurs and Masseuses.
§ 9-612. Fences Around Automobile Wrecking Yards and Junk Yards and Buildings.
§ 9-613. Junk Dealers.
§ 9-614. Payment of Gratuities to Employees.
§ 9-615. Dealers in Precious Metals.
§ 9-616. Retail Sale of Motor Fuels.
§ 9-617. Fences Around Transportation Installations.
§ 9-618. Sale of Spray Paint Containers, Indelible Markers and Etching Acid.
§ 9-619. Refund Policy Disclosure.
§ 9-620. Sale and Installation of Audible Motor Vehicle Alarms.
§ 9-621. Tire Dealers.
§ 9-622. Cigarettes and Tobacco Products.
§ 9-623. Bicycle Couriers and Bicycle Delivery Service.
§ 9-624. Adult Bookstores.
§ 9-625. Sale of Laser Pointing Devices.
§ 9-626. Sale of Motor Vehicle That Cannot Be Registered in Pennsylvania.
§ 9-627. Commercial Establishments on Residential Blockfaces.
§ 9-628. Alcohol Advertising.
§ 9-629. Drug Paraphernalia, Blunt Cigars, and Similar Items.
§ 9-630. Seventh District Commercial Business Hour Restriction.
§ 9-631. Tobacco Retailer Permit.
§ 9-632. Television Access Providers and Installers.
§ 9-633. Sale of Electronic Smoking Devices and Unapproved Nicotine Delivery Products.
§ 9-634. Immigration Assistance Services.
§ 9-635. Urban Experiential Displays.
§ 9-636. Gender-Neutral Bathroom Designation.
§ 9-637. Opioid Antidote Availability.
§ 9-638. Sale of Electronic Smoking Devices in Youth-Accessible Establishments.
§ 9-639. Flavored Tobacco Products.
§ 9-640. Tax Preparation Services.
§ 9-641. Sixth District Commercial Business Hour Restriction.
§ 9-642. Ninth District Commercial Business Hour Restriction.
§ 9-643. Commercial Business Hour Restriction Near the Boundary of the Eighth and Ninth Districts.
CHAPTER 9-700. AMUSEMENT BUSINESSES
CHAPTER 9-800. LANDLORD AND TENANT
CHAPTER 9-900. PROFESSIONS
CHAPTER 9-1000. TRADES
CHAPTER 9-1100. FAIR PRACTICES ORDINANCE: PROTECTIONS AGAINST UNLAWFUL DISCRIMINATION
CHAPTER 9-1200. CONDOMINIUM AND COOPERATIVE CONVERSIONS
CHAPTER 9-1300. INSPECTION BUSINESSES
CHAPTER 9-1400. WEIGHTS AND MEASURES
CHAPTER 9-1500. NOTIFICATION OF INTENTION TO CLOSE OR RELOCATE OPERATIONS
CHAPTER 9-1600. PROHIBITION AGAINST UNLAWFUL EVICTION PRACTICES
CHAPTER 9-1700. REQUIRED POLICY FOR EMPLOYERS WITHIN THE CITY OF PHILADELPHIA REGARDING ASPECTS OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
CHAPTER 9-1800. PROTECTING PHILADELPHIA'S RESTAURANTS DURING THE COVID-19 PANDEMIC
CHAPTER 9-1900. FIRE INSURANCE ESCROW ACCOUNTS: MUNICIPAL CERTIFICATE REQUIRED PRIOR TO PAYMENT OF FIRE LOSS CLAIMS
CHAPTER 9-2000. SALE OF MALT OR BREWED BEVERAGES
CHAPTER 9-2100. CIGARETTE VENDING MACHINES
CHAPTER 9-2200. EXPEDITERS
CHAPTER 9-2300. PROTECTION OF DISPLACED SERVICE EMPLOYEES
CHAPTER 9-2400. PROHIBITION AGAINST PREDATORY LENDING PRACTICES
CHAPTER 9-2500. FIRE SUPPRESSION SYSTEM WORKERS
CHAPTER 9-2600. PLANNED EVENT PERMITS
CHAPTER 9-2700. SALES OF ALCOHOL; VERIFICATION OF AGE
CHAPTER 9-2800. UNIVERSITIES, PROPERTY OWNERS OR MANAGERS AND STUDENTS
CHAPTER 9-2900. TAKE-OUT SALE OF MALT AND BREWED BEVERAGES
CHAPTER 9-3000. SHEET METAL TECHNICIAN
CHAPTER 9-3100. USE OF MERCURY IN DENTISTRY
CHAPTER 9-3200. ENTITLEMENT TO LEAVE DUE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
CHAPTER 9-3300. USE AND INSPECTION OF TOWER AND MOBILE CRANES IN CONSTRUCTION
CHAPTER 9-3400. ENERGY CONSERVATION
CHAPTER 9-3500. FAIR CRIMINAL RECORD SCREENING STANDARDS
CHAPTER 9-3600. AGENTS AND SHERIFF'S SALES
CHAPTER 9-3700. BOUNCERS
CHAPTER 9-3800. ELECTRIC FENCES
CHAPTER 9-3900. PROPERTY LICENSES AND OWNER ACCOUNTABILITY
CHAPTER 9-4000. AUTOMATED PURCHASING MACHINES
CHAPTER 9-4100. PROMOTING HEALTHY FAMILIES AND WORKPLACES
CHAPTER 9-4200. DONATION BINS
CHAPTER 9-4300. WAGE THEFT COMPLAINTS
CHAPTER 9-4400. RESPONSIBLE BUSINESS OPERATIONS
CHAPTER 9-4500. PROTECTIONS FOR DOMESTIC WORKERS
CHAPTER 9-4600. FAIR WORKWEEK EMPLOYMENT STANDARDS
CHAPTER 9-4700. WRONGFUL DISCHARGE FROM PARKING EMPLOYMENT
CHAPTER 9-4800. RESPONSIBILITIES CONCERNING BED BUG INFESTATION
CHAPTER 9-4900. PROHIBITION ON USE OF CERTAIN BAGS BY RETAIL ESTABLISHMENTS
CHAPTER 9-5000. EMPLOYEE PROTECTIONS IN CONNECTION WITH COVID-19 EMERGENCY HEALTH ORDER
CHAPTER 9-5100. FOOD DELIVERY SERVICES
CHAPTER 9-5200. RESIDENTIAL PROPERTY WHOLESALERS
CHAPTER 9-5300. TRAVEL AND HOSPITALITY WORKER RECALL AND RETENTION
CHAPTER 9-5400. RETENTION OF HOTEL WORKERS
CHAPTER 9-5500. PROHIBITION ON TESTING FOR MARIJUANA AS A CONDITION FOR EMPLOYMENT
CHAPTER 9-5600. WORKFORCE AND CAREER PATHWAYS INFORMATION SHEET
CHAPTER 9-5700. LEASING OF COMMERCIAL PROPERTY
CHAPTER 9-5800. TANGLED TITLE DISCLOSURE
CHAPTER 9-5900. PROHIBITION ON CERTAIN GAMING AND SKILL-BASED DEVICES
CHAPTER 9-6000. EMPLOYEE COMMUTER TRANSIT BENEFIT PROGRAMS
CHAPTER 9-6100. MOTOR VEHICLE SALVAGING, DISMANTLING, RECYCLING, OR REPAIRING
CHAPTER 9-6200. TRESPASSING IN RETAIL ESTABLISHMENTS
CHAPTER 9-6300. CONSUMER PROTECTION ORDINANCE
CHAPTER 9-6400. OPERATION AND MAINTENANCE OF ELECTRIC VEHICLE CHARGING STATIONS
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
TITLE 11. STREETS
TITLE 12. TRAFFIC CODE
TITLE 13. WATER AND SEWER
TITLE 14. ZONING AND PLANNING
TITLE 15. PARKS AND RECREATION
TITLE 16. PUBLIC PROPERTY
TITLE 17. CONTRACTS AND PROCUREMENT
TITLE 18. COMMERCE AND AVIATION
TITLE 19. FINANCE, TAXES AND COLLECTIONS
TITLE 20. OFFICERS AND EMPLOYEES
TITLE 21. MISCELLANEOUS
TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
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§ 9-601. Garages, Parking Lots, Sales Lots and Sales Showrooms. 699
   (1)   General Provisions.
      (a)   Definitions. In this Section the following definitions apply: 700
         (.1)   Public Parking Lot. Any outdoor area or space where more than three motor vehicles may be parked, housed or kept for a charge, fee or other consideration.
         (.2)   Public Garage. Any building or other structure in which more than three motor vehicles may be parked stored, housed or kept for a charge, fee or other consideration.
         (.3)   Sales Lot. Any outdoor area or space where more than three motor vehicles may be parked, stored, kept or displayed for sale to the public.
         (.4)   Sales Showroom. Any building, other structure or portion thereof where more than three motor vehicles may be stored, kept or displayed for sale to the public. 701
         (.5)   Valet Parking. The act of taking a vehicle from the street whether or not a fee is charged and parking it for the vehicle operator. Attendant parking at a duly licensed parking lot or garage shall not constitute valet parking. 702
         (.6)   Authority. The Philadelphia Parking Authority. 703
         (.7)   Valet Parking Operator. A person who, through its agents and employees, provides the service of valet parking. 704
      (b)   No person shall conduct, operate or maintain the following unless he or she has obtained a license from the Department of Licenses and Inspections: 705
         (.1)   Public Parking Lot;
         (.2)   Public Garage. 706
      (c)   As a condition of any license or permit issued under this Section, employees of the City of Philadelphia and of the Philadelphia Parking Authority ("PPA") who are authorized to enforce ordinances shall be authorized to enter public garages and public parking lots for the purpose of enforcing the provisions of this Section 9-601. The provisions of this subsection relating to the PPA shall only be effective if the City and the PPA have executed a Memorandum of Understanding ("MOU") which authorizes the PPA to enforce this Section 9-601 and which details the financial arrangements between the City and the PPA with respect to such authorization. The Mayor and such other appropriate officers as the Mayor designates are authorized, on behalf of the City, to enter into the MOU. 707
   (2)   Public Garages.
      (a)   Licenses. No license shall be issued to conduct, operate or maintain any public garage unless:
         (.1)   the applicant furnishes a plot or plan of the proposed garage showing its location, maximum motor vehicle capacity and entrance and exit facilities.
         (.2)   the plot or plan has been approved by the Department of Streets, the Fire Department, and the Department of Licenses and Inspections.
         (.3)   the applicant furnishes a statement of the hours of business and whether or not attendants will be on duty.
         (.4)   the applicant binds himself in the amount of five thousand dollars ($5,000) for each public garage or in the total amount of one hundred thousand dollars ($100,000) covering all public garages operated by a single licensee, in such form and with such surety as the Law Department requires, to pay all final judgments and decrees entered against him for damages arising from loss or damage to any motor vehicle parked, stored or kept in his custody, or for bodily injury suffered by any person. 708
         (.5)   the applicant pays an annual fee for each suitable public garage of three hundred dollars ($300). 709
         (.6)   the applicant provides complete information as to whether such applicant is an individual, partnership, corporation or other association. If a partnership, the applicant shall provide the names and addresses of all the partners; if a corporation, the date and place of incorporation and the names and addresses of all officers; if any other type of association, the names and addresses of all associates, and if a non-resident, in addition to the foregoing information, the applicant shall designate a representative within the City. 710
         (.7)   the applicant lists the schedule of rates proposed to be charged at each public garage. 711
         (.8)   the applicant provides accessible parking in accordance with the following, except that a public garage existing at the time this subsection became law which does not permit self-parking and at which vehicles are parked only by attendants need not provide any particular number of accessible parking spaces, but need only provide at least one accessible drop-off and pick-up location, provided that the garage accepts for parking all vehicles modified for people with disabilities, including vehicles equipped with hand controls: 712
            (.a)   The applicant shall provide proof of compliance with the required number of accessible and van accessible parking spaces set forth below.
Total number of parking spaces provided in the public garage
Required total number of accessible spaces (including van spaces)
Required number of van parking spaces
Total number of parking spaces provided in the public garage
Required total number of accessible spaces (including van spaces)
Required number of van parking spaces
1 to 25
1
1
26 to 50
2
1
51 to 75
3
1
76 to 100
4
1
101 to 150
5
1
151 to 200
6
1
201 to 300
7
1
310 to 400
8
1
401 to 500
9
1
501 to 1,000
2% of total
1 for every 8 or fraction of 8 accessible spaces
more than 1,000
20 plus 1 for each 100 over 1,000
1 for every 8 or fraction of 8 accessible spaces
 
 
            (.b)   Car and van parking spaces shall be a minimum of 96 inches wide. Car parking spaces shall have an adjacent access aisle a minimum of 60 inches wide. Van parking spaces shall have an adjacent access aisle a minimum of 96 inches wide. Two parking spaces are permitted to share an access aisle. Access aisles shall be marked so as to discourage parking in them.
            (.c)   Van parking spaces shall have a minimum vertical clearance of 98 inches.
            (.d)   Each parking space shall be identified by a sign which includes the International Symbol of Accessibility complying with Section 703.7 of ICC/ANSIA 117.1, and shall be mounted a minimum of 60 inches minimum above the floor or ground of the parking space, measured to the bottom of the sign.
            (.e)   Existing garages which do not have parking spaces at grade level or on levels served by pedestrian ramps or elevators are exempt from the requirement to provide accessible parking spaces.
            (.f)   Existing garages which do not have entrances or parking locations that have a minimum vertical clearance of 98 inches, shall be exempt from the requirement to provide van parking spaces.
            (.g)   City of Philadelphia police officers and Philadelphia Parking Authority officials shall be authorized to enter public garages for the purpose of enforcing the provisions of subsection 12-1117(4)(b) relating to improper parking in accessible parking spaces.
         (.9)   the applicant provides evidence, satisfactory to the Department, that sufficient staff will be on the premises at all times to maintain good order and ensure the safety of employees and customers. 713
      (b)   All licenses shall be conditioned upon continued compliance by the licensee with the requirements of this Section and the provisions of Title 5. 714
      (c)   Each licensee shall maintain at each entrance to a public garage a permanently affixed sign which shall show the name and address of the licensee, the schedule of rates charged for parking or storing vehicles, the accepted methods of payment, the hours during which the garage is open, and the Commercial Activity License number of the business. 715
         (.1)   When the garage is filled to its capacity, a sign bearing the word "Filled" shall be displayed at each entrance to the garage.
         (.2)   The information required to be shown on any sign shall be in letters and figures of the same size, uniformly designed and of sufficient size to permit reading thereof within a reasonable distance.
         (.3)   The sign shall comply with the requirements of Chapter 14-900. 716
      (d)   Rates. 717 The rates charged by a licensee at any public garage shall be the same as are filed with the application for such garage, or as subsequently amended, and shall show the charges made on an hourly, daily, Sunday and holiday basis. Weekly or monthly rates need not be posted.
         (.1)   Where different rates are made for day and night parking, such different rates shall be shown.
         (.2)   A licensee shall not make any charge for parking in excess of the rates set forth in his application, unless he has first notified the Department in writing of the new schedule of rates at least 72 hours in advance of the proposed change, and has posted signs showing such rate changes, except that a new schedule of rates shall only take effect on the first day of a calendar month and shall remain in effect for at least one calendar month. No rate schedule may include a "special event" rate for parking on an hourly, daily, evening or other basis during specified days of the month that is in excess of the regular rates charged on such basis during all other days of the month. 718
         (.3)   All rates shall be posted before 8 a.m. and no change in rates shall be made during the course of any business day. No charge shall be made in excess of the rates posted at the time any vehicle is accepted for parking.
         (.4)   The licensee must accept credit cards and debit cards in full payment of all rates, and may not impose any additional fee or charge for such use of a credit card or debit card. 719
      (e)   Claim Checks.
         (.1)   Every licensee shall furnish the owner or operator of any motor vehicle left in his custody for parking or storing with a distinctive claim check which shall have printed upon it:
            (.a)   the full name and address of the licensee;
            (.b)   a number corresponding to the identification number assigned to and placed upon the motor vehicle by the licensee at the time of parking or storing;
            (.c)   the State and number of the license plate on the motor vehicle.
         (.2)   Claim checks shall be serially numbered, and one copy shall be retained by the licensee who shall endorse upon it:
            (.a)   the time of arrival and departure;
            (.b)   the total charge.
         (.3)   Claim checks issued shall be retained by the licensee for 6 years from issuance, unless written permission to destroy them is given by the Department.
         (.4)   Where a public garage uses a mechanical system for the distribution of claim checks, and persons are permitted to park their own cars, and the charges for parking are paid at the termination of the parking period the operator of such public garage shall not be required to comply with the provisions of subsections 9-601(2)(e)(.1)(.b) and (.c); where parking meters are used, the operator shall not be required to comply with the provisions of subsections 9-601(2)(e)(.1)(.a), (.b), and (.c). 720
      (f)   Movement of Motor Vehicles. All movement of motor vehicles left in the custody of the licensee for parking or storing shall be confined to the area of the licensed activity and no motor vehicle shall be moved or transferred from the area of licensed activity in which it was received for parking or storing to the street or elsewhere.
         (.1)   This shall not prohibit the moving or transferring of any motor vehicle from the area of licensed activity where it was received to any other area of licensed activity if the owner or operator of the motor vehicle has given written consent to the movement or transfer; or the transfer or movement is made between 12 Midnight and 7 a.m.
      (g)   Employee Identification. 721 Each licensee shall provide a distinctive badge, cap, shirt or uniform for the use of his employees, which shall bear the name of the parking lot and a number to be assigned to each employee. Such badge, cap, shirt or uniform shall be worn by each employee while on duty. 722
      (h)   Parking of Certain Vehicles Refused. Any licensee shall have the right to refuse to accept for parking any vehicle which could, in the opinion of the licensee or his employees constitute a hazard, nuisance or danger to other vehicles or persons or property within the parking lot. 723
      (i)   Loitering. No licensee shall permit any person not employed at a parking lot to loiter in and about such garage. 724
      (j)   Fire Protection. Every public garage shall be equipped with fire extinguishing apparatus of such type and in such quantity as shall be approved by the Fire Department. 725
      (k)   Liability of Licensee. Each licensee shall be liable for any damage to or theft of any motor vehicle accepted for parking, and for bodily injury to any individual, which shall occur as the result of the negligence of the licensee or of any of his employees, and no contract, agreement, receipt, rule or regulation shall exempt any licensee or his employer from such liability. 726
      (l)   Notification of Claims. Every licensee shall notify the Police Department immediately of any claim made against him by reason of any loss, theft or conversion occurring in any public garage, or by reason of damage to any motor vehicle or other property belonging to any person who parks in such garage, or of bodily injury to any individual resulting from the operation of the garage and occurring during the hours such garage is regularly open for business. 727
      (m)   Notification of Unclaimed Vehicles. Every licensee shall immediately notify the Police Department, and confirm in writing, the license number, make and year, and the name of the owner if known to him, of every vehicle left in a public garage for a period of more than 48 hours, unless previous arrangement has been made for such storage or the licensee has reason to believe that such motor vehicle has not been abandoned. 728
      (n)   Employees of Public Garages. Every employee of a public garage whose job requires the driving or parking of motor vehicles shall, at all times during his employment, have a valid license to operate motor vehicles issued by the Commonwealth of Pennsylvania. 729
      (o)   Any person who violates subsection 9-601(2)(d) shall have committed a Class II offense and be subject to the fines set forth in subsection 1-109(2) of The Philadelphia Code. 730
   (3)   Public Parking Lots. 731
      (a)   Licenses. No license shall be issued to conduct, operate or maintain any public parking lot unless:
         (.1)   the applicant furnishes a plot or plan of the proposed lot showing its location, maximum motor vehicle capacity, method of surfacing and lighting, and entrance and exit facilities.
         (.2)   such plot or plan has been approved by the Department of Streets, the Fire Department, the Department of Public Property, and the Department of Licenses and Inspections.
         (.3)   the applicant furnishes a statement of the hours of business and whether parking attendants are on duty.
         (.4)   the applicant binds himself in the amount of five thousand dollars ($5,000) for each parking lot, or in the total amount of one hundred thousand dollars ($100,000) covering all parking lots operated by a single licensee, in such form and with such surety as the Law Department requires, to pay all final judgments and decrees entered against him for damages arising from loss or damage to any motor vehicle parked, stored or kept in his custody, or for bodily injury suffered by any person. 732
         (.5)   the applicant pays a non-refundable application fee for an initial license for each parking lot of twenty dollars ($20), which fee shall be credited toward the annual fee if the permit is issued, and an annual license fee for each parking lot of three hundred thirty dollars ($330). 733
         (.6)   the applicant provides complete information as to whether such applicant is an individual, partnership, corporation or other association. If a partnership, the applicant shall provide the names and addresses of all the partners; if a corporation, the date and place of incorporation and the names and addresses of all officers; if any other type of association, the names and addresses of all associates, and if a non-resident, in addition to the foregoing information, the applicant shall designate a local representative. 734
         (.7)   the applicant lists the schedule of rates proposed to be charged at each lot. 735
         (.8)   the applicant provides accessible parking in accordance with the following, provided that a public parking lot existing at the time this subsection became law which does not permit self-parking and at which vehicles are parked only by attendants need not provide any particular number of accessible parking spaces, but need only provide at least one accessible drop-off and pick-up location, provided that the parking lot accepts for parking all vehicles modified for people with disabilities, including vehicles equipped with hand controls: 736
            (.a)   The applicant shall provide proof of compliance with the required number of accessible and van accessible parking spaces set forth below.
Total number of parking spaces provided in the public garage
Required total number of accessible spaces (including van spaces)
Required number of van parking spaces
Total number of parking spaces provided in the public garage
Required total number of accessible spaces (including van spaces)
Required number of van parking spaces
1 to 25
1
1
26 to 50
2
1
51 to 75
3
1
76 to 100
4
1
101 to 150
5
1
151 to 200
6
1
201 to 300
7
1
310 to 400
8
1
401 to 500
9
1
501 to 1,000
2% of total
1 for every 8 or fraction of 8 accessible spaces
more than 1,000
20 plus 1 for each 100 over 1,000
1 for every 8 or fraction of 8 accessible spaces
 
 
            (.b)   Car and van parking spaces shall be a minimum of 96 inches wide. Car parking spaces shall have an adjacent access aisle a minimum of 60 inches wide. Van parking spaces shall have an adjacent access aisle a minimum of 96 inches wide. Two parking spaces are permitted to share an access aisle. Access aisles shall be marked so as to discourage parking in them.
            (.c)   Van parking spaces shall have a minimum vertical clearance of 98 inches.
            (.d)   Each parking space shall be identified by a sign which includes the International Symbol of Accessibility complying with Section 703.7 of ICC/ANSIA 117.1, and shall be mounted a minimum of 60 inches minimum above the floor or ground of the parking space, measured to the bottom of the sign.
            (.e)   City of Philadelphia police officers and Philadelphia Parking Authority officials shall be authorized to enter public parking lots for the purpose of enforcing the provisions of subsection 12-1117(4)(b) relating to improper parking in accessible parking spaces.
         (.9)   the applicant provides evidence, satisfactory to the Department, that sufficient staff will be on the premises at all times to maintain good order and ensure the safety of employees and customers. 737
      (b)   All licenses shall be conditioned upon continued compliance with the requirements of this Section, subsections 9-601(2)(c) to (n), Title 5, 738  Title 14, and Chapter 19-1200. 739
      (c)   A permanent substantial barrier shall be maintained around the area of licensed activity. Such barrier shall be constructed of metal or masonry and shall be: 740
         (.1)   a wall not less than 2 feet above ground; or
         (.2)   metal or masonry posts 4 to 6 inches in diameter placed not more than 5 feet apart nor less than 30 inches above the ground and connected by metal pipes, rods, fencing, chains; or
         (.3)   concrete curbing, at least six inches high by four inches wide, permanently located so that any parked vehicle does not encroach on a footway, adjacent property, or into an area where parking is not permitted.
      (d)   Reserved. 741
      (e)   Surfacing. All areas of licensed activity shall be surfaced in accordance with the regulations issued by the Department of Streets to prevent the spread of dust or dirt. These regulations shall require the use of:
         (.1)   permanent paving materials in the area bounded by the south side of Girard Avenue, the north side of South Street, the Delaware River and the Schuylkill River;
         (.2)   treatment of the surface with oil or other non-permanent material elsewhere in the City.
      (f)   Use of Streets. No licensee shall:
         (.1)   use or permit the use of any part of any street or sidewalk for the parking or storing of motor vehicles in his custody;
         (.2)   cause or permit the shoveling of snow from his area of licensed activity onto any street or sidewalk.
      (g)   Illumination. Except when the area of licensed activity is used exclusively during daylight hours, shielded flood lights or similar lighting facilities shall be erected in the place of licensed activity at the locations and to the extent that the Department of Streets prescribes, to permit safe access to the area of licensed activity during darkness.
         (.1)   such illumination may be discontinued after the parking lot closes for the night.
      (h)   Temporary License.
         (.1)   a temporary license to operate a public parking lot for a period not in excess of 24 hours may be granted to any applicant upon compliance by such applicant with provisions of subsections 9-601(2)(a)(.1) to (.4), 9-601(2)(a)(.6) and (.7), and 9-601(2)(c), (d), (e), and (h) to (n). 742
         (.2)   each applicant for a temporary parking lot license shall pay a minimum fee of ten dollars ($10). for each 24-hour period, plus ten percent (10%) of the charge to be made by the applicant for the parking of each vehicle in excess of 20 up to the maximum capacity permitted in such parking lot. 743
         (.3)   a temporary license shall be issued only where the parking lot is to be operated concurrently with or for the purpose of providing parking facilities for special events, including but not limited to exhibitions and athletic contests. 744
      (i)   Each licensee shall maintain at each entrance to a public parking lot a permanently affixed sign which shall show the accepted methods of payment, including whether the public garage only accepts cash. 745
   (4)   Valet Parking. 746
      (a)   No person shall offer to provide or provide the service of valet parking unless the person has insurance in an amount determined by the Office of Risk Management in the following areas:
         (.1)   liability insurance;
         (.2)   theft and property insurance; and
         (.3)   workers' compensation insurance.
   (5)   Valet Parking Permit. 747
      (a)   No person shall provide valet parking services at a particular location unless the person has obtained a Valet Parking Permit under this Section. A permit application shall be made on a form provided by the Authority, and shall be accompanied by a proposed Valet Parking Plan submitted in the form required by the Authority, which shall include the following:
         (.1)   The applicant's name and address, and the daytime and nighttime telephone number and pager number (if any) of the applicant's agent or employee who will manage the provision of valet parking services at the particular location; 748
         (.2)   The name, address, Commercial Activity License number, and proof of insurance as required by subsection 9-601(4)(a) of the business or businesses or entities which has contracted with the valet parking operator for valet parking services at a specified location, and the name and address of the owner of the property at that location, if different from the business or businesses; the name and telephone number of the owner or manager of such businesses; and a copy of the agreement (either directly, or through another entity) to operate valet parking at the particular location; 749
         (.3)   A copy of the valet parking zone permit for the location issued pursuant to Section 12-917, which specifies the permitted days and hours of operation of the valet parking zone;
         (.4)   The proposed pattern of discharge and pickup of vehicles, including the estimated number of vehicles that will be valet parked during each hour of operation, and the number of agents or employees that will provide valet parking during each hour of operation;
         (.5)   Copies of all agreements between the business or businesses (or entity contracting with the valet parking operator on behalf of the businesses) or the valet parking operator and the owner or operator of properly licensed off-street parking facilities at which the valet parked vehicles will be parked. Each such agreement must include the total number of licensed parking spaces at the facility and the total number of spaces set aside for the exclusive use of vehicles from the valet parking service;
         (.6)   The proposed route to and from each off-street parking facility listed pursuant to subsection (5)(a)(.5); 750
         (.7)   A list of employees and agents providing valet parking services at the location, and a quarterly certification that each such employee or agent possesses a valid driver's license, and copies of each such license;
         (.8)   A list of the businesses within the City that have used the valet parking operator's services during the two (2) years prior to the date of submission of the Plan, and the location of each such valet parking operation; and
         (.9)   Proof of insurance covering the applicant's operation of valet parking services at the location, in such types and amounts as the Office of Risk Management prescribes.
      (b)   The Authority shall review the Plan in consultation with the Police Department, and the Department of Streets. The Authority shall approve the Plan if it finds that the Plan contains all information required by subsection (5)(a), and if the Authority finds: 751
         (.1)   The Plan provides for sufficient staff to handle the projected number of vehicles to be parked during all hours of valet operations and to maintain good order and ensure the safety of employees and customers; and 752
         (.2)   The Plan includes provision for a sufficient number of parking places at licensed, off-street parking facilities, and the proposed routes to and from such facilities are appropriate.
            (.a)   In deciding whether to approve a Plan, the Authority shall consider including, but not limited to, the following criteria:
               (i)   the distance from the business or businesses to the licensed off-street parking facility, normal traffic conditions on the proposed route at the time of valet operations, the time required to travel safely the route proposed and return to the business or businesses, on foot and with a vehicle;
               (ii)   the estimated number of patrons using valet parking services during each hour of operation;
               (iii)   the average length of stay of a patron at the business or businesses providing valet parking;
               (iv)   the number of parking spaces in the approved valet parking zone; and
               (v)   the number of parking spaces at the licensed off-street parking facility set aside for the exclusive use of vehicles from the valet parking.
      (c)   Upon approval of the Plan by the Authority, the Department shall issue a Valet Parking Permit. If the application is denied, the Authority shall state the reasons for denial in writing, allow the applicant to correct deficiencies, and reconsider the application.
      (d)   If a valet parking operator fails to comply with any provision of this Chapter or regulations issued pursuant thereto, the Authority shall send a written warning to the valet parking operator and a written notice to the entity with which the valet parking operator has a contract. No more than one written warning may be issued in any twenty-four hour period. After three such written warnings are issued within any one year period, the Authority's executive director may request the Commissioner of Licenses and Inspections, or his or her designee, to hold a hearing on the suspension of the Valet Parking Permit for a period of up to one year. No suspension shall be effective until at least thirty (30) days written notice has been provided to the entity with which the valet parking operator has a contract. Any such suspension shall be in addition to any penalties provided for violations of this Section. Any suspension of a Valet Parking Permit issued to a Valet Parking Operator shall not affect the right of a different Valet Parking Operator to apply for a Valet Parking Permit for the location in question, and to have such Permit granted if all requirements of this Section are met.
   (6)   Required and Prohibited Conduct in the Provision of Valet Parking Services. 753
      (a)   Valet parking operators shall comply with all applicable laws and regulations in the conduct of the business.
      (b)   Valet parking operators shall provide each patron with a pre-numbered receipt indicating the valet parking fee and the name and address of the operator, and a claim check or receipt date and time stamped by the licensed off-street parking facility at which the vehicle was parked, to evidence compliance with subsection 9-601(6)(d). 754
      (c)   Valet parking operators shall display a sign at the point where vehicles are accepted for valet parking that is readily visible to patrons that indicates the valet company name and Commercial Activity License number and any fee for valet parking, whose design and location shall be approved by the Department and the Art Commission. 755
      (d)   Valet parking operators shall not stop, stand or park a vehicle at any location other than a licensed, off-street parking facility.
      (e)   Valet parking operators must accept credit cards and debit cards in full payment of all rates, and may not impose any additional fee or charge for such use of a credit card or debit card. 756
   (7)   Employer-Provider Parking Facilities. 757
      (a)   If an employer conducts, operates or maintains a parking facility for employees, whether such facility is located on land owned or leased by such employer, and charges employees for such parking as part of an employer trip reduction program implemented pursuant to regulations of the Commonwealth of Pennsylvania Environmental Quality Board, then such parking facilities shall not be considered as a "public parking lot" or "public garage" for purposes of this Section, provided:
         (.1)   the employer does not charge non-employees for the use of such parking facilities; and
         (.2)   the employer uses all revenues derived from employee parking charges for employee transportation purposes (such purposes may include, without limitation, developing an employer trip reduction program, purchasing vans or other vehicles for pooled commuting, or creating employee mass transit subsidy programs). The employer shall provide annually to the Department, in form and manner required by the Department, an accounting of the revenue derived from employee parking charges and the employer's use of such revenues for employee transportation purposes.
      (b)   An employer may choose not to invoke the provisions of subsection (7)(a), in which case the employer may charge employees for parking and be subject to all applicable provisions of this Section relating to public parking lots and public garages. 758
   (8)   Complaints for Insufficient Staff. 759
      (a)   Any customer or employee of a parking garage or parking lot may file a complaint with the Department if there is insufficient staff in violation of subsection 9-601(2)(a)(.9) or 9-601(3)(a)(.9). If the Department determines that there is insufficient staff, it shall require an increase in staff, and may also suspend or revoke a license in accordance with the procedures set forth in Chapter 9-100.
      (b)   Any customer or employee of a valet parking operator may file a complaint with the Department or its designee if there is insufficient staff in violation of subsection 9-601(5)(b)(.1). If the Department or its designee determines that there is insufficient staff, it shall require an increase in staff, and may also invoke the permit suspension procedures set forth in subsection 9-601(5)(d).

 

Notes

699
   Source: 1941 Ordinances, p. 59; 1951 Ordinances, p. 655; Act of April 3, 1947, P.L. 55, 53 P.S. § 2396; 1958 Ordinances, p. 964; amended by deleting subsection (8), 1990 Ordinances, p. 715; amended, Bill No. 905 (approved February 16, 1995), 1995 Ordinances, p. 44; amended, Bill No. 970403 (approved May 19, 1998); amended, Bill No. 040869 (approved January 25, 2005).
700
   Amended, Bill No. 040869 (approved January 25, 2005) (previous subsections (2) and (4) deleted and remaining subsections renumbered).
701
   Amended, 1958 Ordinances, p. 964.
702
   Added, Bill No. 970403 (approved May 19, 1998).
703
   Added, Bill No. 970403 (approved May 19, 1998).
704
   Added, Bill No. 970403 (approved May 19, 1998).
705
   Amended, Bill No. 040869 (approved January 25, 2005).
706
   Former subsections (.3), (.4) and (.5) deleted, Bill No. 090777-A (approved February 17, 2010).
707
   Added, Bill No. 100611 (approved April 13, 2011).
708
   Amended, 1956 Ordinances, p. 769.
709
   Amended, 1988 Ordinances, p. 339; amended, 1992 Ordinances, p. 550; amended, Bill No. 090777-A (approved February 17, 2010).
710
   Amended, 1956 Ordinances, p. 769.
711
   Amended, 1956 Ordinances, p. 769.
712
   Added, Bill No. 000359 (approved January 23, 2001). Section 3 of Bill No. 000359 reads as follows: "Effective dates. Section 1 of this Ordinance shall take effect with respect to the issuance or renewal of public garage and public parking lot licenses for periods beginning on or after January 1, 2001. Section 2 of this Ordinance shall take effect immediately."
713
   Added, Bill No. 190316 (approved June 5, 2019), effective January 1, 2020.
714
   Referenced material now appears in Title 4, Subcode F.
715
   Amended, 1956 Ordinances, p. 769; amended, Bill No. 010494 (approved November 14, 2001); amended, Bill No. 100611 (approved April 13, 2011); amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
716
   Amended, Bill No. 120774-A (approved January 14, 2013).
717
   Amended, 1956 Ordinances, p. 769.
718
   Amended, Bill No. 050266-A (approved July 8, 2005).
719
   Added, Bill No. 100611 (approved April 13, 2011).
720
   Amended, 1956 Ordinances, p. 1080. Enrolled bill read "9-601(2)(e)(.1)(.b)(.c)" and "9-601(2)(e)(.1)(.a)(.b)(.c)"; revised by Code editor.
721
   The Ordinance of November 21, 1956, p. 769 had erroneously designated this as subsection (h) instead of (g). All subsequent subsections have been renumbered accordingly.
722
   Amended, 1956 Ordinances, p. 769.
723
   Amended, 1956 Ordinances, p. 769.
724
   Amended, 1956 Ordinances, p. 769.
725
   Amended, 1956 Ordinances, p. 769.
726
   Amended, 1956 Ordinances, p. 769.
727
   Amended, 1956 Ordinances, p. 769.
728
   Amended, 1956 Ordinances, p. 769.
729
   Amended, 1956 Ordinances, p. 769.
730
   Added, Bill No. 041079 (approved May 12, 2005).
731
   Amended, Bill No. 040869 (approved January 25, 2005) (previous subsections (3) and (5) deleted and remaining subsections renumbered).
732
   Amended, 1956 Ordinances, p. 769.
733
   Amended, 1988 Ordinances, p. 339; amended, 1992 Ordinances, p. 550; amended, Bill No. 090777-A (approved February 17, 2010); paragraph following subsection (.5) deleted, Bill No. 100611 (approved April 13, 2011); amended, Bill No. 170165 (approved April 4, 2017).
734
   Amended, 1956 Ordinances, p. 769.
735
   Amended, 1956 Ordinances, p. 769.
736
   Added, Bill No. 000359 (approved January 23, 2001). Section 3 of Bill No. 000359 reads as follows: "Effective dates. Section 1 of this Ordinance shall take effect with respect to the issuance or renewal of public garage and public parking lot licenses for periods beginning on or after January 1, 2001. Section 2 of this Ordinance shall take effect immediately."
737
   Added, Bill No. 190316 (approved June 5, 2019), effective January 1, 2020.
738
   Referenced material now appears in Title 4, Subcode F.
739
   Amended, 1956 Ordinances, p. 769.
740
   Amended, 1964 Ordinances, p. 855.
741
   Repealed, 1964 Ordinances, p. 855.
742
   Amended, 1956 Ordinances, p. 769. Enrolled bill read "9-601(2)(.1) to (.4), 9-601(2)(.6) and (.7), and 9-601(2)(c)(d)(e) and (h) to (n)"; revised by Code editor.
743
   Amended, 1956 Ordinances, p. 769.
744
   Amended, 1956 Ordinances, p. 769.
745
   Added, Bill No. 010494 (approved November 14, 2001).
746
   Former subsection deleted and this subsection added, Bill No. 970403 (approved May 19, 1998); former subsections (4) and (5) deleted and this subsection renumbered and amended, Bill No. 090777-A (approved February 17, 2010).
747
   Former subsection deleted and this subsection added, Bill No. 970403 (approved May 19, 1998); renumbered, Bill. No. 090777-A (approved February 17, 2010).
748
   Amended, Bill. No. 090777-A (approved February 17, 2010).
749
   Amended, Bill. No. 090777-A (approved February 17, 2010); amended, Bill No. 100611 (approved April 13, 2011); amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
750
   Amended, Bill. No. 090777-A (approved February 17, 2010).
751
   Amended, Bill. No. 090777-A (approved February 17, 2010).
752
   Amended, Bill No. 190316 (approved June 5, 2019), effective January 1, 2020.
753
   Added, Bill No. 970403 (approved May 19, 1998); renumbered, Bill No. 090777-A (approved February 17, 2010).
754
   Amended, Bill No. 100611 (approved April 13, 2011).
755
   Amended, Bill No. 100611 (approved April 13, 2011); amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
756
   Added, Bill No. 100611 (approved April 13, 2011).
757
   Added, 1994 Ordinances, p. 1025; renumbered, Bill No. 970403 (approved May 19, 1998); renumbered, Bill No. 090777-A (approved February 17, 2010).
758
   Amended, Bill No. 090777-A (approved February 17, 2010).
759
   Added, Bill No. 190316 (approved June 5, 2019), effective January 1, 2020.
§ 9-602. Outdoor Advertising. 760
   (1)   Legislative Findings. The Council finds that:
      (a)   Existing regulations have done little to prevent the City-wide proliferation of commercial outdoor advertising signs nor to provide for an adequate source of funding to administer the issuance of permits, licenses and violations for or inspections of these signs.
      (b)   The excessive number of commercial outdoor advertising signs contribute to visual clutter and detract from the aesthetic beauty of the City of Philadelphia.
      (c)   The proliferation of commercial outdoor advertising signs contribute to the appearance of deterioration in residential, commercial and industrial areas of the City and therefore negatively impact upon the economic viability of these areas.
      (d)   Said signs jeopardize public safety by distracting pedestrians and to a greater extent passing motorists, since these signs by their nature are erected in areas intended to be seen by drivers of motor vehicles.
      (e)   There exist throughout every area of the City numerous illegally erected commercial outdoor advertising signs that negatively impact upon the general welfare of those neighborhoods.
      (f)   Because large numbers of these signs exist without benefit of permits or licenses they do not pay existing licensing fees.
      (g)   Studies of these existing illegal commercial outdoor advertising signs indicate that these signs, especially when they are located within or adjacent to low to moderate income residential neighborhoods, are used at a disproportionately high rate to advertise liquor, beer and cigarettes.
      (h)   Current regulations do not facilitate an easy determination of the permit or license status of these signs because it is not required that these signs and/or their structures have indication of current licenses affixed thereto.
      (i)   Current regulations do not sufficiently or adequately penalize individuals or companies that erect and maintain outdoor advertising signs in violation of City ordinances.
      (j)   It is necessary and desirable to impose additional regulations and license fees to limit the proliferation of these signs, to cause the removal of the existing illegal signs, to fund the administration of these regulations and to facilitate determination of the license and permit status of these signs.
   (2)   Definitions. In this Section the following definitions apply:
      (a)   Accessory Sign. A sign which directs attention to information, identification, or advertisements strictly incidental to a lawful use of the premises on which it is located. This includes signs or devices indicating the business transacted, services rendered, goods sold, or produced on the premises; and, name or emblem of a person, firm, institution, organization or activity occupying the premises.
      (b)   Commercial Sign. A sign containing copy that relates primarily to the economic interests of the publisher or its audience or directs attention to a business, industry, profession, commodity, service, activity, institution, product or entertainment offered for sale.
      (c)   Non-Accessory Sign. A sign which directs attention to a business, industry, profession, commodity, service organization, activity, institution, business, product or entertainment neither sold, located nor offered upon the property where the sign is situated.
      (d)   Non-Commercial Sign. A sign containing copy that does not relate primarily to the economic interests of the publisher or its audience nor directs attention to a business, industry, profession, commodity, service, activity, institution, product or entertainment offered for sale.
      (e)   Outdoor Advertising Sign. A non-accessory sign, but excluding: advertising matter displayed on operative currently registered motor vehicles or on pedestrians; accessory advertising matter displayed on newsstands; information required by law or ordinance to be placed on structures; notice to the public that a property is for sale or rent; a sign owned and sponsored by a community, civic or charitable organization; a sign identifying a company performing on-site construction; and On-Site Public Art.
      (f)   Sign. A name, identification, description, emblem, display, or device which is affixed to, or printed on, or represented directly or indirectly upon a building, structure, or parcel of land; which is illuminated or non- illuminated; visible or intended to be visible from any public place; and, which directs attention to a person, place, product, institution, business, organization, activity or service. Signs also include any permanently installed or situate merchandise, including any banner, pennant, placard or temporary sign, with the exception of window displays and national flags.
      (g)   Sign Support Structure. Any column, upright, brace or construction situate upon the ground, a building or another structure the purpose of which is to support a sign or sign message.
      (h)   On-site Public Art. Artwork such as a painting or mural that is permanent (i.e. lasting the life of the building); original; created specifically for the site; and is not primarily intended to advertise a product or service.
   (3)   No person shall erect or maintain any outdoor advertising sign unless he or she has obtained a license for such sign from the Department. Applications for such licenses shall be made on a form provided by the Department. Such licenses shall be issued and renewed for terms of five years. A single license shall be issued for multiple signs that share a common sign support structure. 761
   (4)   Licenses for Outdoor Advertising Signs. 762 No license shall be issued or renewed unless:
      (a)   The Department finds that the Outdoor advertising signs and their sign support structures, if any, which are proposed to be erected or which are erected or maintained are to be, or have been constructed in conformity with all codes and that all proper permits, including any required zoning permits, have been secured.
      (b)   To the extent that the applicant, or the applicant's authorized representative proposes to erect or maintain a sign or sign structure which extends in any manner into or above a public street, highway or right-of-way, the applicant or the applicant's authorized representative agrees to comply with the terms of the license and to indemnify the City against any liability by reason of granting the license, and files a continuing bond for the sign satisfactory to the Law Department, and obtains any necessary approval from City Council for an encroachment into the public right-of-way.
      (c)   The applicant pays a license fee in accordance with the following:
         (.1)   For commercial signs,
            (.a)   For the licensing period beginning April 1, 2015 through and including June 30, 2015, an annual fee of six hundred fifty dollars ($650) for each outdoor advertising sign face. The fee shall be pro-rated through June 30, 2015, for any partial license year.
            (.b)   From July 1, 2015, and thereafter, a five year fee of fifty cents ($0.50) per square foot of outdoor advertising sign face for the first five year period, and one dollar ($1.00) per square foot of each outdoor advertising sign face for each five year period thereafter, or such other amounts as the Department may from time to time by regulation determine, provided such amount shall not exceed the cost of administering and enforcing the provisions of this Code relating to outdoor advertising signs.
         (.2)   For non-commercial signs, no fee. In the event any commercial messages are displayed on the sign during the term of the license, the applicant shall be responsible for payment of the commercial license fee for the entire term.
      (d)   The applicant submits to the Department with its license application an inventory listing each outdoor advertising sign structure that the applicant owns or maintains in the City. The inventory shall identify for each listed sign structure:
         (.1)   the address and account number (as maintained by the Office of Property Assessment) of the property on which the sign structure is located, the name of the owner of such property, and the latitude and longitude coordinates, stated in North America decimal degrees to a minimum precision of five decimal places, of the location on the property where the sign is situated;
         (.2)   the number of sign faces and the area of each sign face, and a unique inventory number for each sign face as assigned by the applicant;
         (.3)   the number of supporting columns or uprights or supporting mechanisms or identification of such other construction situated upon the ground, a building or another structure, the purpose of which is to support a sign face; and a notation as to whether the sign face is affixed to a wall, a roof or is freestanding, and whether the sign is digital;
         (.4)   the road surface from which the sign is intended to be principally viewed, which must be within 350 feet of the sign (once a license is issued, the licensee, for the duration of the license period and any renewal periods, may not claim a different road surface as the one from which the sign is intended to be principally viewed);
         (.5)   the height of each sign face, as measured from the base of the sign; and the height of each sign face as measured from the height of the road surface from which the sign is intended to be principally viewed;
         (.6)   the permit numbers of any permits that have previously been issued with respect to such sign, if any, including zoning and building permits;
         (.7)   the date the sign was last inspected by the Department, or, if the date of last inspection is unknown or if the sign has never been inspected by the Department, evidence of the date of last inspection by the sign owner or the owner's agent and a certification that at the time of such last inspection by the sign owner or the owner's agent, the sign, supports, braces, guys, anchors and foundations were in good condition; and
         (.8)   a certification that, to the best of the owner's or agent's knowledge, the sign, supports, braces, guys, anchors, and foundations remain in good condition.
      (e)   The applicant does not have any outstanding violations, for which all legal appeals have been exhausted, nor any outstanding court orders requiring the removal of any sign(s) for which all legal appeals have been exhausted, for erecting and/or maintaining outdoor advertising signs in violation of The Philadelphia Code.
      (f)   The applicant or the applicant's representative affixes on each sign and/or sign structure information indicating the owner of the sign and (if applicable) the individual or company responsible for erecting and/or maintaining the sign and/or sign structure.
      (g)   The applicant, the owner of the sign, and the owner of the premises upon which the sign is placed or to be placed are current in the payment of all City and School District taxes or have entered into an agreement(s) to pay any delinquent taxes and are abiding by the terms of such agreement(s).
   (5)   Reserved. 763
   (6)   License Tags. 764 Applicants shall provide a license tag to be affixed to each sign face. Each tag shall be of a size and color so as to be easily read from the footway and/or street or highway. The tag shall contain the inventory number associated with that sign face as included in the inventory submitted under subsection (4)(d) and shall be affixed to the sign by the applicant so that it is visible from the footway and/or street or highway. The Department may further detail the requirements of this subsection by regulation.
   (7)   Inspections.
      (a)   The Department of Licenses and Inspections shall inspect all outdoor advertising signs erected, constructed, or maintained under the provisions of this Section to ensure that they comply with all other appropriate Sections of The Philadelphia Code, including the licensure requirement imposed by this Section.
      (b)   The owner of any outdoor advertising sign that is affixed or fastened to the ground or to a building with a supporting sign structure shall submit a report by a registered professional engineer who has inspected the sign and its supporting structure to ensure that it is structurally sound. The Department of Licenses and Inspections is authorized to adopt appropriate regulations for the content and format of such reports. Reports shall be submitted on the following schedule, or on such other schedule as the Department shall promulgate:
         (.1)   For signs erected prior to January 1, 2007, the owner shall submit a report in December, 2006, and in December of every fifth subsequent year.
         (.2)   For signs erected on or after January 1, 2007, the owner shall submit a report five years after the initial license for the sign is issued, in the same calendar month in which such license was issued; and in the same calendar month of every fifth subsequent year.
   (8)   Public Nuisance. Any sign and/or sign structure which does not conform in the requirements of this Section is hereby declared a public nuisance.
   (9)   Abatement.
      (a)   Except as provided in subsection 9-602(9)(c) below, whenever any sign is erected and/or maintained in violation of the provisions of this Chapter or of the regulations promulgated under it, the Department of Licenses and Inspections shall serve written notice of such violations upon the violator, directing compliance within thirty (30) days of the receipt of the notice of violation. In the case of unlicensed outdoor advertising signs where ownership cannot be determined or notice cannot be delivered, the Department of Licenses and Inspections shall place a violation notice upon the sign and/or sign structure.
      (b)   After expiration of the time for compliance as stated on the notice of violation (thirty (30) days), if the violation has not been corrected, the Department of Licenses and Inspections may itself or by contract remove the offending sign. The costs incurred by the Department shall be charged against the person owning such offending sign or against the bond posted by the individual or company that owns or erected and maintains the offending sign. If the sign was unlicensed or abandoned, the property owner on whose premises the sign is located shall be responsible for the cost of removal.
      (c)   If any violation of the provisions of this Chapter results in an immediate peril to persons or property, the Department of Licenses and Inspections may require immediate compliance. If such compliance is not forthcoming, the Department may without other notice, in addition to invoking any other sanction or remedial procedure provided, apply with the approval of the Law Department to any Court of Common Pleas of Philadelphia for relief by injunction or restraining order.
      (d)   The owner of any sign or sign structure shall immediately remove any advertising or other copy from any sign structure where a license for such sign has either not been issued or has been revoked. In the event that the advertising or other copy is not removed, the Department itself or by contract may remove the copy, and any costs incurred by the Department shall be charged against the owner of the sign or sign structure.
   (10)   Penalties. 765
      (a)   Any violation of this Section shall constitute a Class III offense and shall be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code for each offense. Each day this Section is violated shall be deemed a separate offense for which a separate penalty may be imposed.
      (b)   Unlicensed companies engaged in sign installation or maintenance and sign companies that are delinquent in the payment of annual license fees shall be subject to a Cease Operations Order subsequent to an administrative hearing conducted by the Department. The Cease Operations Order shall include the company's trucks, buildings, equipment and supplies.
   (11)   Severability. If any provision, sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not effect or impair any of the remaining provisions, sentences, clauses, sections or part of this Ordinance. It is the intent of the City Council that this Ordinance would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part thereof not been included herein.

 

Notes

760
   Source: 1938 Ordinances, p. 304; amended, 1991 Ordinances, p. 45; amended, Bill No. 050453 (approved June 15, 2005).
761
   Amended, Bill No. 130656-AA (approved July 1, 2015).
762
   Amended, Bill No. 130656-AA (approved July 1, 2015).
763
   Deleted, Bill No. 130656-AA (approved July 1, 2015).
764
   Amended, Bill No. 130656-AA (approved July 1, 2015).
765
   Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.
§ 9-603. Pawnbrokers. 766
   (1)   Definitions. In this Section the following definitions apply:
      (a)   Pawnbroker. Any person who:
         (.1)   engages in the business of lending money on the deposit or pledge of personal property, other than chooses in action, securities or written evidence of indebtedness; or
         (.2)   purchases personal property with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; or
         (.3)   lends money upon goods, wares or merchandise pledged, stored or deposited as collateral security.
      (b)   Pledge. An article deposited with a pawnbroker as security for a loan in the course of his business.
      (c)   Pledger. The person who obtains a loan from a pawnbroker and delivers a pledge into the possession of a pawnbroker, unless the person discloses that he is or was acting for another in which case "pledger" means the disclosed principal.
      (d)   Pawn Ticket. The card, book, receipt or other record furnished to the pledger at the time a loan is granted containing the terms of the contract.
   (2)   Licenses. 767
      (a)   No person shall act as a pawnbroker unless he has obtained a license from the Department of Licenses and Inspections for each location from which that person seeks to act as a pawnbroker.
      (b)   No license to act as pawnbroker shall be issued unless the applicant:
         (.1)   has been licensed by the Commonwealth of Pennsylvania as required by the Act of April 6, 1937, P.L. 200, 63 P.S. § 281, as amended;
         (.2)   pays an annual license fee of two hundred dollars ($200) for each location from which the applicant intends to operate. 768
   (3)   General Requirements.
      (a)   No pawnbroker shall transact any business on Sunday.
      (b)   No pawnbroker shall accept any pledge or effect any redemption before 8:30 a.m. or after 5 p.m., except that pawnbrokers may accept pledges or effect redemptions until 9 p.m. on Friday and until 6 p.m. on Saturday. 769
      (c)   No pawnbroker may purchase an article of personal property from, receive a pledge of personal property from, or exchange personal property with a customer without first securing adequate identification from the customer. For purposes of this subsection, "securing adequate identification" means that at the time of the transaction, the pawnbroker shall take a digital photograph of the customer, obtain a clear imprint of the customer's left thumbprint and have the customer present one of the following types of identification: 770
         (.1)   A valid identification document issued by a state or federal government, containing a photograph;
         (.2)   A valid motor vehicle operator's license issued by any state and containing a photograph;
         (.3)   A valid military identification card containing a photograph;
         (.4)   A valid passport;
         (.5)   A valid alien registration card containing a photograph; or
         (.6)   A valid senior citizens identification card containing a photograph.
      (d)   Every pawnbroker shall issue a pawn ticket to every customer delivering a pledge of personal property to the pawnbroker. 771
      (e)   Every pawnbroker shall utilize a secure, internet-accessible electronic inventory tracking system, as designated by the Police Department. Each pawnbroker shall maintain on its premises a computer which is capable of securely and confidentially uploading all required tracking information, as specified by the Police Department, via the internet to an entity designated by the Police Department. No later than the conclusion of each business day, every pawnbroker must upload, in the manner specified by the Police Department, the required tracking information for all articles of personal property purchased or pledged during the course of business on that day. 772
      (f)   The Department of Licenses and Inspections shall issue regulations designating the form and content of pawn tickets, the internet-accessible electronic inventory tracking system to be used by each pawnbroker and the required tracking information to be recorded for each transaction. The entity chosen by the Police Department to administer the electronic inventory tracking system shall insure that all data remain secure and confidential by providing to each pawnbroker login security protocols which meet current industry standards, and shall employ state of the art technology to protect the data from all forms of unauthorized access and malicious intrusion. The Department of Licenses and Inspections may, by regulation, provide for an annual fee of up to four hundred dollars ($400) per location to defray the costs of the internet-accessible electronic inventory tracking system. 773
   (4)   Holding Period. 774
      (a)   Every pawnbroker shall keep, for at least 90 days from the date of receipt, and in a suitable location for safekeeping, any article of personal property it has purchased or received as a pledge; provided that any person who presents adequate identification as set forth in subsection (3)(c)(.1) to (.6) to demonstrate that he or she is the person named on the pawn ticket as the seller or owner of the article of personal property may redeem or otherwise retrieve the article of personal property prior to the expiration of the holding period.
      (b)   During the holding period, any article of personal property purchased or received as a pledge shall be segregated from the pawnbroker's other inventory to insure that it is not placed in an area or section where articles of personal property are offered for sale and may not be altered in any manner. The pawnbroker shall permit any law enforcement officer to inspect any article of personal property so held without the need to present a warrant or subpoena. Where an article of personal property is held off the premises, a pawnbroker shall make the item available for inspection within 24 hours after receiving the written request of a law enforcement officer to inspect the item of personal property. Any law enforcement officer who has reason to believe any article of personal property was not sold or pledged by the lawful owner may direct a pawnbroker to hold that article of personal property for a reasonable length of time that the law enforcement officer considers necessary to identify it.
      (c)   Nothing in this subsection (4) shall apply to the return or exchange, by a customer to a pawnbroker, of any article of personal property purchased from that pawnbroker.
   (5)   Penalties, Cease Operations Orders and License Revocations. 775 Depending upon the seriousness of the violation and the prior record of the pawnbroker with respect to violations of this Section, a violation of this Section shall subject the pawnbroker to any or all of the following:
      (a)   a fine not exceeding the maximum fine for Class III offenses as set forth in Section 1-109.
      (b)   suspension of licenses granted under this Section for all premises operated by the pawnbroker where violations have occurred and referral to the Secretary of Banking of the Commonwealth of Pennsylvania to determine whether the license or licenses granted to the pawnbroker will be revoked. During any period of license suspension, each and every location of the pawnbroker's business shall cease operation as a pawnbroker. The Department shall issue a Cease Operations Order for each business location operated by the pawnbroker whose license(s) have been suspended in accordance with the same procedures as set out in Section 6-103 of the Health Code, provided that the Cease Operations Order shall identify the prohibited operations and shall state that the applicable license has been suspended for violation(s) of the Code. Immediately upon suspending the license or licenses of a pawnbroker, the Department shall give written notice of the suspension to the Secretary of Banking of the Commonwealth of Pennsylvania. The duration of a license suspension by the Department shall not exceed the maximum amount of time permitted under Section 30 of the Act of April 6, 1937, P.L. 200, 63 P.S. § 281-30.
         (.1)   No new pawnbroker license shall be issued for a business location posted with a Cease Operation Order, so long as any person under a license suspension imposed by the Department or license revocation by the Secretary of Banking, or any member of such person's immediate family, or, in the case of a corporation, the corporation or any affiliated business entities, retain a pecuniary interest in the property at that location.
      (c)   suspension of the commercial activity license of the pawnbroker pursuant to the procedures set forth in subsections 19-2602(4)(h), (5) and (6). 776

 

Notes

766
   Source: 1856 Ordinances, pp. 5 and 15, as amended; 1908 Ordinances, p. 158; 1919 Ordinances, p. 26; Act of April 6, 1937, P.L. 200, 63 P.S. § 281-30; amended by deleting subsection (4), 1990 Ordinances, p. 715.
767
   Amended, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011.
768
   Amended, 1961 Ordinances, p. 945; amended, 1973 Ordinances, p. 902; amended, 1978 Ordinances, p. 1066; amended, Bill No. 82 (approved January 22, 1997).
769
   Amended, 1957 Ordinances, p. 686.
770
   Amended, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011.
771
   Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011.
772
   Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011.
773
   Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011.
774
   Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011.
775
   Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011.
776
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
§ 9-604. Refuse Collection. 777
   (1)   Definitions. In this Section the following definitions apply:
      (a)   Refuse. All discarded waste materials, consisting of the following:
         (.1)   Garbage. The organic residue of both animals and vegetable matter which results from the preparation and consumption of food, and including small dead animals.
         (.2)   Waste: Combustibles. Material which burns upon contact with a flame under normal conditions, including carpets, containers, excelsior, furniture, leather, linoleum, mattresses, oilcloth, paper and paper products, rags, shrubbery, Christmas trees, wallpaper, wearing apparel, and similar materials.
         (.3)   Waste: Non-combustibles. Materials which cannot be incinerated, including ashes, bottles, broken glass, cans, crockery, floor sweepings, masonry, metals, yard dirt and similar materials.
      (b)   Department. Department of Streets.
      (c)   Municipal Waste. 778 Any garbage, refuse, industrial, lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Pennsylvania Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source separated recyclable materials.
      (d)   Private dump or landfill. Real property in or upon which refuse is deposited, other than when operated by the City.
      (e)   Recyclable Materials. Materials which would otherwise become solid waste that can be reprocessed and returned to the economic mainstream as raw materials or products. 779
      (f)   Recycling. Any process by which recyclable materials are reprocessed and returned to the economic mainstream as raw materials or products. 780
      (g)   Reserved. 781
      (h)   Debris. Any material resulting from the demolition, construction, rehabilitation, or renovation of any structure, including stones, bricks, rocks, concrete, gravel or earth.
      (i)   Garbage disposal unit. Any mechanical or powered device used to reduce food waste other than grease so that it can be discharged into the sewer system of the City or into cesspools and septic tanks.
      (j)   Grindable garbage. Garbage which can normally be disposed of by the use of a garbage disposal unit.
      (k)   Residual Waste. 782 Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, provided that it is not hazardous.
      (l)   Source Separated Construction/ Demolition Scrap Metal. 783 Scrap metal originating from construction or demolition operations that has served its intended use and has not been commingled with any type of waste or other construction/demolition material.
   (2)   Dispose of Refuse.  784 No person shall dispose of any refuse upon or in any site within the City unless such site is certified or authorized as a dump or landfill under Title 14 or any successor provisions thereto.
   (3)   City Disposal Plants and Sites. 785
      (a)   The Department may receive any refuse for disposal in City disposal plants, landfills or other disposal sites when the origin of the refuse is within the City.
      (b)   The charge for receiving refuse at City plants, landfills or other disposal sites shall be ninety dollars ($90) per ton or any fraction thereof; except that no charge shall be made with respect to the first one hundred (100) tons of refuse received during any fiscal year from any religious institution or an institution of purely public charity when such refuse is hauled by vehicles owned and operated by said institutions. 786
         (.1)   Bills shall be prepared by the Department, payable to the Department of Collections.
      (c)   City dumps, landfills and disposal sites shall comply with the regulations of the Department of Public Health for private dumps, landfills and disposal sites.
   (4)   Contracts for Garbage Collection. 787
      (a)   Contracts for the collection and disposal of garbage may be entered into by the Department pursuant to the provisions of Chapter 17-100.
      (b)   No contract shall be awarded to any garbage collector unless he has obtained a license pursuant to subsection 9-604(4).
      (c)   All contracts for the collection and disposal of garbage shall be subject to the following provisions:
         (.1)   The contract garbage collector shall comply with regulations issued by the Department dealing with the collection, removal and disposal of garbage.
         (.2)   The contract garbage collector shall indemnify the City against all claims, demands, suits or causes of action for injuries to persons or property arising from, growing out of or incident to the collection, removal and disposal of garbage.
      (d)   The Department may include in these contracts other provisions to protect the interests of the City.
      (e)   The Department may require contract garbage collectors to maintain adequate public liability and property damage insurance.
      (f)   The Department shall supervise the performance of the collectors under these contracts.
   (5)   Penalties and Forfeitures. 788
      (a)   A person whose Garbage Collection License, Waste Collection License, Recyclable Material Collection License, or Collection Vehicle License has been revoked may not reapply for any such new license for a period of one (1) year from the time of the first revocation, for a period of two (2) years from the time of the second revocation, and for a period of five (5) years from the time of the third and subsequent revocations. 789

 

Notes

777
   Source: 1949 Ordinances, p. 641; amended, 1989 Ordinances, p. 810; subsections (5) through (10) deleted by Bill No. 171121 (approved March 14, 2018); subsection (11) renumbered to subsection (5) by Code editor.
778
   Amended, 1994 Ordinances, p. 706.
779
   Added, 1987 Ordinances, p. 683.
780
   Added, 1987 Ordinances, p. 683.
781
   Amended, 1994 Ordinances, p. 706; deleted, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009.
782
   Added, 1994 Ordinances, p. 706.
783
   Added, 1994 Ordinances, p. 706.
784
   Added, 1992 Ordinances, p. 863; amended, Bill No. 120774-A (approved January 14, 2013).
785
   Renumbered, 1992 Ordinances, p. 863.
786
   Amended, 1987 Ordinances, p. 826; amended, 1987 Ordinances, p. 1234; amended, 1992 Ordinances, p. 542.
787
   Source: 1953 Ordinances, p. 365; 1941 Ordinances, p. 19; renumbered, 1992 Ordinances, p. 863.
788
   Renumbered, 1992 Ordinances, p. 863; amended and renumbered, 1994 Ordinances, p. 706; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; amended, Bill No. 171121 (approved March 14, 2018).
789
   Renumbered and amended, Bill No. 090123-AAA (approved October 21, 2009), effective December 31, 2009; renumbered, Bill No. 171121 (approved March 14, 2018).
§ 9-605. Towing. 790
   (1)   Declaration of Policy. For the purposes of protecting the general welfare and public interests of the community, safe-guarding the public against fraud, discrimination, deception and similar abuses, and eliminating the impeding of traffic, unnecessary street congestion, unnecessary delays and traffic hazards, the towing of vehicles disabled by collision, accident, mechanical failure or wear and tear shall be subject to supervision and administrative control pursuant to the police powers of the City.
   (2)   Definitions. In this Section the following definitions apply:
      (a)   Towing Company. 791 Any person, partnership, corporation, fiduciary, association or other entity owning, operating or conducting the business of towing.
      (b)   Towing. 792 The moving or removing or the preparation therefor of a vehicle by another vehicle for which a service charge is made, either directly or indirectly, including any dues or other charges of clubs or associations which provide towing services.
      (c)   Tow Truck or Towing Vehicle. 793 A vehicle that tows, carries or removes a vehicle for a fee, charged either directly or indirectly, including any dues or other charges of clubs or associations which provide towing services, and which is classified in the following manner:
         (.1)   Class A tow truck, light. A Class A tow truck, light shall consist of either:
            (.a)   a truck chassis with a manufacturer's rated capacity of at least ten thousand (10,000) pounds, gross vehicle weight. Mounted on the chassis must be a complete commercially manufactured crane and winch having a manufacturer's rating of at least four tons, bare drum winch capacity. The tow truck body must comply with all state laws pertaining to fenders and lighting equipment, and have an appearance similar to a commercially manufactured tow truck body. It must have at least one hundred feet of three-eights inch cable attached to the wrecker winch, and a tow sling which must be commercially manufactured to prevent damage to a towed vehicle; or 794
            (.b)   a flat car carrier with a manufacturer's rated capacity of at least ten thousand (10,000) pounds, gross vehicle weight.
         (.2)   Class B tow truck, medium. A Class B tow truck, medium shall consist of either:
            (.a)   a truck chassis with a manufacturer's rated capacity of at least fifteen thousand (15,000) pounds gross vehicle weight. Mounted on the chassis must be a complete twin winch, commercially manufactured crane and winch having a manufacturer's rating of at least ten tons, bare winch drum capacity. The tow truck body must comply with all state laws pertaining to fenders and lighting equipment, and have an appearance similar to a commercially manufactured tow truck body. It must have at least one hundred feet of seven-sixteenths inch cable attached to each wrecker winch, and a tow sling which must be commercially manufactured to prevent damage to a towed vehicle; or
            (.b)   a flat bed car carrier with a rated capacity of at least fifteen thousand (15,000) pounds gross vehicle weight.
         (.3)   Class C tow truck, heavy. A Class C tow truck, heavy shall consist of either:
            (.a)   a truck chassis with a manufacturer's rated capacity of at least twenty-four thousand (24,000) pounds, grass vehicle weight. Mounted on the chassis must be a complete twin winch, commercially manufactured crane and winch having a manufacturer's rating of at least twenty tons, bare winch drum capacity. The tow truck body must comply with all state laws pertaining to fenders and lighting equipment and have an appearance similar to a commercially manufactured tow truck body. It must have at least two hundred feet of cable on each winch, at least nine-sixteenths inch in diameter, airbrakes so constructed as to lock the rear wheels automatically upon failure, and to supply air to disabled vehicles, and a tow sling which must be commercially manufactured to prevent damage to a towed vehicle; or
            (.b)   a flatbed carrier with a rated capacity of at least twenty-four thousand (24,000) pounds gross vehicle weight.
      (d)   Disabled Vehicle. A motor vehicle which has been damaged, or rendered inoperative or unsafe to drive as the result of wear and tear, mechanical failure, collision or accident.
      (e)   Required Accessories. 795 Every tow truck or towing vehicle shall maintain on board at all times, on call or idle, the following accessories as applicable:
         (.1)   an amber rotation beam or strobe light mounted on top of said truck or vehicle and viewable when in use from front, rear, and both sides;
         (.2)   working lights on its hoist, if so equipped;
         (.3)   one (1) snatch block for each winch, whose manufacturer's rating matches the tow truck's or vehicle's rating;
         (.4)   one (1) set of scotch blocks for wheels of the metal type with tail gate chains, or hydraulic rear extendable scotch blocks or stiff legs for Class B and C trucks only;
         (.5)   one safety tow light bar and power cord for Class A, Class B and Class C tow trucks;
         (.6)   an external air hookup and hoses for Class B and Class C tow trucks;
         (.7)   at least one heavy duty broom, shovel, axe and crowbar or pry bar, one pair of bolt cutters, one set of jumper cables, one flashlight, one operable fire extinguisher (ABC five pounds or larger), and one first aid kit for all classes of tow trucks.
      (f)   Rotation System. 796 A method of selecting a towing company from an authorized list for the purpose of towing a vehicle from one point to another. Once an assignment is made, and the assigned tow is completed, that towing company rotates to the bottom of the list.
      (g)   Solicitation. The act, at a vehicular accident scene, hospital, emergency care facilities, funeral homes or during the occurrence of police operations relating thereto, of seeking, persuading, enticing or in any way offering assistance of services relating to the towing of vehicles, which services have not been requested by the person solicited.
      (h)   Traffic. Pedestrians, vehicles, street cars and other conveyances, whether singly or together, using any highway, roadway or trafficway for purposes of travel.
      (i)   Enforcement Agency. 797 The Department of Licenses and Inspections, and such other agency as may be designated by the Managing Director.
      (j)   Rotational Tow Required Equipment. All of the following, provided that the Enforcement Agency may by regulation revise these requirements:
         (.1)   Smartphone with access to the internet, and capable of supporting applications as directed by the Enforcement Agency. 798
         (.2)   5 lb. hammer.
         (.3)   Haz mat guide.
         (.4)   Green safety vest.
         (.5)   Gloves.
         (.6)   6 road flares (36 min.).
         (.7)   Spill containment system.
         (.8)   Air caddy (Class A tow trucks only).
         (.9)   Oil dry (80 lb. bag).
         (.10)   Rock salt/deicer (winter only).
         (.11)   Tire chocks.
         (.12)   Pen and paper.
         (.13)   Emergency phone numbers.
         (.14)   Photo ID.
         (.15)   6 bungee cords.
         (.16)   Conventional wrecker dolly wheels.
      (k)   Consensual Towing. 799 Towing of a vehicle by a towing company with the prior consent or authorization of the person who owns or otherwise legally controls the vehicle to be towed. Such prior consent or authorization shall be deemed to have been obtained if the owner or operator of the towed vehicle is present and affirms his or her consent; or the tow truck operator possesses (.a) a consent form or agreement for towing, signed by the owner or operator of the towed vehicle; (.b) a current registration card for the towed vehicle; or (.c) electronic verification that the owner or driver of the towed vehicle requested the tow truck's assistance.
      (l)   Non-City Towing Company. 800 A towing company that does not maintain a physical office or place of business within the City of Philadelphia.
   (3)   Towing Company Licenses. 801
      (a)   Except as provided in subsection 9-605(3)(b), no person shall engage in the business of towing vehicles unless that person possesses a current license issued by the Enforcement Agency and, for each towing vehicle used in the business, a certificate issued by the Enforcement Agency. Such license and certificates must be renewed annually. 802
      (b)   A Non-City Towing Company is not required to possess a Philadelphia towing license or certificate, provided that such company possesses a license for towing from the jurisdiction in which it maintains its principal place of business, if such jurisdiction requires such license; and provided it engages only in Consensual Towing within the City, and such towing consists of: 803
         (.1)   Towing a vehicle through the City, from a location outside the City to another location outside the City;
         (.2)   Towing a vehicle from a location outside the City to a location within the City; or
         (.3)   Towing a vehicle from a location within the City to a location outside of the City.
      This exemption shall not apply to any Non-City Towing Company that participates in the rotation list for tow truck selection pursuant to subsection 9-605(4).
      For purposes of obtaining this exemption, a tow truck operator who is towing a vehicle within the City may be required to produce, upon request of an agent of the Enforcement Agency or the Police Department, proof that the tow truck is owned by a Non-City Towing Company, that it is licensed by its home jurisdiction, if required; that the tow is consensual; and paper or electronic documentation of the origin and destination point for the vehicle being towed.
      (c)   No license shall be issued or renewed unless the applicant submits an application in the form required by the Enforcement Agency, including at least the following:
         (.1)   Company name, address, phone number(s), fax number(s), and email address.
         (.2)   Name of company's owner(s) and president or chief executive officer.
         (.3)   Philadelphia commercial activity license number and tax account number. 804
         (.4)   Name, date of birth, address, and towing operator's license number of each person who will drive a tow truck for the company.
         (.5)   List of each tow truck for which a certificate is requested, and the following information for each such truck: make, model, year, mileage, copy of state registration, and proof of insurance.
         (.6)   A complete fee schedule setting forth the applicant's charges for towing; for services incident to towing and for any other minor repair service such as tire changing that may be performed at a site. Such fee schedule must be certified by the Enforcement Agency prior to the issuance of a license and shall be updated with the Enforcement Agency whenever the licensee alters its fee schedule. The fee schedule shall comply with any maximum fees established by this Section. 805
         (.7)   Proof of insurance to the following extent as a minimum, or in such other amount as set forth in regulations issued by the Enforcement Agency: 806
            (.a)   per each personal injury, two hundred thousand dollars ($200,000);
            (.b)   per incident, five hundred thousand dollars ($500,000);
            (.c)   per each property damage claim, fifty thousand dollars ($50,000);
            (.d)   garage keeper's legal liability insurance, one hundred thousand dollars ($100,000). 807
         (.8)   For each proof of insurance submitted, a power of attorney instructing the insurance agency to notify the Enforcement Agency of any default or interruption of coverage for any reason, within five business days of such default or interruption. 808
         (.9)   Certification by the applicant that the company is not delinquent in the payment of any taxes or fees due to the City or in the payment of any fines imposed for any violation of this Code or any regulation promulgated under this Code, and that there are no delinquent, unpaid parking tickets issued to any vehicle used or to be used by the company, nor any delinquent, unpaid fines payable to Philadelphia Traffic Court with respect to any such vehicle.
         (.10)   Payment of an application fee of five hundred dollars ($500) or, in the case of license renewal, payment of an annual renewal application fee of three hundred dollars ($300).
      (d)   After receipt of a completed application, and if the Enforcement Agency determines that all requirements for issuance or renewal of the license have been met, the Enforcement Agency shall so notify the applicant and schedule an inspection of each vehicle for which a certificate is requested. Before any vehicle is inspected, the applicant shall pay an inspection fee of one hundred dollars ($100) per vehicle. Such inspection shall determine whether such vehicle meets all requirements to be classified as a Class A, Class B or Class C tow truck. If a vehicle passes inspection, then the Enforcement Agency shall, upon payment of the annual certificate fee, issue a certificate for that vehicle and a decal to be displayed in accordance with subsection (3)(e)(.1), and the certificate and decal shall remain valid until the date of the next required state inspection of the vehicle. A certificate may be renewed annually if the vehicle passes inspection by the Enforcement Agency, provided the towing company has renewed the license for the towing business. The annual fee for issuing a certificate shall be one hundred dollars ($100) per vehicle, except that for the first year a certificate is issued for a vehicle, the fee shall be reduced in proportion to the number of months remaining until the date of the next required state inspection of the vehicle. If a vehicle does not pass inspection, the applicant may request a reinspection, for which a reinspection fee of seventy- five dollars ($75) shall be required. Any subsequent reinspection fee for the same year shall be one hundred fifty dollars ($150).
      (e)   Every towing company shall, as a condition to the retention of the license: 809
         (.1)   display a decal on each towing vehicle for which a certificate has been issued. The decal shall bear the words "Licensed Towing Company", the year for which the certificate was issued and the certificate number. The decal shall be issued by the Enforcement Agency and shall be attached by an agent of the Enforcement Agency to the vehicle or truck used in a place which is clearly visible to the public. Decals shall be used only during the year for which they are issued by the person to whom they were issued and may not under any circumstances be transferred to any person. If a decal is damaged or stolen, a replacement decal may be obtained from the Enforcement Agency for fifty dollars ($50). 810
         (.2)   legibly inscribe, in a permanent manner and in letters not less than one and one-half inches high on both sides of every towing vehicle, identification consisting of commercially painted name or business logo, address and telephone number of licensee, certificate number, the tow truck classification and, in letters not less than one inch high, a statement that a complete certified fee schedule is available from the driver. 811
         (.3)   conduct the business in accordance with this Section.
         (.4)   maintain current insurance coverage as required by subsection 9-605(3)(b)(.2). The licensee shall notify the Enforcement Agency by registered mail, if the licensee's insurance coverage has been interrupted, within five business days of such interruption. 812
         (.5)   carry in each towing vehicle when in use a copy of the complete fee schedule filed in accordance with subsection 9-605(3)(c)(.6) and which includes the rate for a normal daytime pick-up, the per-mile charge, and any other special charges. The copy of the fee schedule must be certified by the Enforcement Agency. 813
         (.6)   conform at all times to the charges for nonconsensual towing and for services incident to towing as filed in accordance with subsection 9-605(3)(c)(.6), or as subsequently amended, refiled with and re-certified by the Enforcement Agency. 814
         (.7)   conform at all times with provisions of the Commonwealth of Pennsylvania Motor Vehicle Code dealing with gross vehicle weight, 75 Pa. C.S. § 4942 and § 4945, brakes, 75 Pa. C.S. § 4502 and safety features, 75 Pa. C.S. § 4521-36 and other applicable standards relating to tow trucks and towing vehicles. 815
         (.8)   accept credit cards and debit cards and insurance company checks in full payment of all fees listed in the fee schedule filed in accordance with subsection 9-605(3)(c)(.6), and not impose any additional fee or charge for such use of a credit card or debit card or insurance company check, except that a towing company that is chosen by the owner or driver of the vehicle to be towed is not required to accept credit cards or debit cards in payment of fees. 816
         (.9)   notify the Enforcement Agency in writing of any change in the information required by subsection 9-605(3)(c), within five business days of such change.
         (.10)   comply with any regulations issued by the Enforcement Agency setting forth standards for premises at which vehicles are stored to ensure the safeguarding of vehicles and their contents while stored.
         (.11)   not use or maintain in any tow truck or other facility a radio receiving set or any other device capable of receiving signals or messages transmitted on the frequencies allocated for police or rescue.
         (.12)   not give or offer any payment, fee, reward, or other thing of value, directly or indirectly, for supplying information concerning a disabled vehicle which may require towing service, which information is or may be used to solicit the towing or repair of such vehicle.
         (.13)   maintain such records, ledgers, receipts, bills and other written records as the Enforcement Agency may prescribe by regulation, and make them available for inspection by the Enforcement Agency upon request.
   (3.1)   Towing Operator's License.
      (a)   No person shall drive or otherwise operate a tow truck engaged in the business of towing unless that person possesses a current towing operator's license issued by the Enforcement Agency. Such license must be renewed annually. A driver operating a Non-City Towing Company truck in conformance with subsection 9-605(3)(b) shall be exempt from the requirements of this Section. 817
      (b)   No towing operator's license shall be issued or renewed unless the applicant submits an application in the form required by the Enforcement Agency, including at least the following:
         (.1)   Name, home address, phone number, cell phone number, email address (if any), date of birth.
         (.2)   Current driver's license number.
         (.3)   Name and towing company license number of the towing company for whom the applicant works, if any.
         (.4)   Two recent and clear photographs of the applicant, in the type and size required for passports.
         (.5)   A list of all cases in which the applicant has been finally convicted, plead guilty or plead nolo contendere, or in which the applicant is actively under Accelerated Rehabilitative Disposition, for any violation of Chapter 71 of the Pennsylvania Vehicle Code (Vehicle Theft and Related Provisions), or for any violation of 18 Pa. C.S. § 2702 (aggravated assault) if such violation was committed against a police officer or such other officer, agent, employee or other person as is enumerated at 18 Pa. C.S. § 2702(c).
         (.6)   A list of all traffic citations received within the previous ten years, other than citations which were dismissed.
         (.7)   Whether the applicant is required to register as a Sexual Offender under Pennsylvania law, 42 Pa. C.S. §§ 9791 et seq. (Registration of Sexual Offenders).
      (c)   After receipt of a completed application, and if the Enforcement Agency determines that all requirements for issuance or renewal of the towing operator's license have been met, the Enforcement Agency shall so notify the applicant, and upon the applicant's payment of the license or renewal fee of fifty dollars ($50), the Enforcement Agency shall issue or renew the license. The Enforcement Agency shall refuse to issue the license if the applicant has ever been finally convicted, plead guilty or plead nolo contendere, or if the applicant is actively under Accelerated Rehabilitative Disposition, for any violation of Chapter 71 of the Pennsylvania Vehicle Code (Vehicle Theft and Related Provisions) or for any violation of 18 Pa. C.S. § 2702 (aggravated assault) if such violation was committed against a police officer or such other officer, agent, employee or other person as is enumerated at 18 Pa. C.S. § 2702(c). The Enforcement Agency shall refuse to issue the license if the applicant is required to register as a Sexual Offender under Pennsylvania law, 42 Pa. C.S. §§ 9791 et seq. (Registration of Sexual Offenders). The Enforcement Agency may refuse to issue the license if it determines that the applicant's traffic citations, as required to be disclosed under subsection 9-605(3.1)(b)(.6), render the applicant unfit to perform the activities for which the license is required, based on the nature and seriousness of the conduct, the amount of time that has passed since the citations were issued, and the applicant's age at the time of the issuance of the citations.
      (d)   Every holder of a towing operator's license shall, as a condition of the retention of the license:
         (.1)   Notify the Enforcement Agency in writing of any change in the information required by subsection 9-605(3.1)(b), within five business days of such change.
         (.2)   Carry the towing operator's license when driving or operating a tow truck.
         (.3)   Notify the Enforcement Agency promptly upon discovering the towing operator's license has been lost. The Enforcement Agency shall reissue the license upon payment of a reissuance fee of twenty dollars ($20).
         (.4)   Surrender the towing operator's license to the Enforcement Agency if a driver's license issued to the holder of the towing operator's license has been suspended or revoked.
         (.5)   Not permit any other person to use the towing operator's license.
      (e)   The Enforcement Agency may, after notice and hearing, suspend or revoke a towing operator's license for violations of this Section, or based upon any new convictions or traffic citations that would be grounds for the Enforcement Agency denying the issuance of the license, or based upon the suspension or revocation of a driver's license (or any other license to operate a motor vehicle) issued to the holder of the towing operator's license. License suspension and revocation shall be in addition to any fine that may be imposed for violations of this Section or any regulations issued under this Section.
   (4)   Rotation method of tow truck selection. 818
      (a)   No person shall engage in towing from the scene of an accident where police have been dispatched or otherwise respond to the scene of the accident or with respect to a disabled vehicle on the shoulder of a limited access highway unless that person has either been selected through operation of the rotational system established under this subsection, or has been selected or permitted to perform such tow from a state highway by the State Police. 819
      (b)   The Enforcement Agency shall compile a list of approved, licensed towing companies for the rotation list. No towing company shall be eligible for the rotation list if it is located in any political subdivision of any State where the State or political subdivision prohibits a Philadelphia based towing company from being on a rotation list or participating in a similar program. To be included on the list, a licensed towing company shall submit an application in the form required by the Enforcement Agency, including at least the following:
         (.1)   Evidence of a current license issued by the Enforcement Agency, and a current certificate for each tow truck to be used in the rotational towing program.
         (.2)   Certification that all of the equipment listed in subsection (2)(j) ("Rotational Tow Required Equipment") is provided for each such tow truck.
         (.3)   Certification that the applicant has received a copy of the written rules for participation in the rotational towing program promulgated under subsection (4)(d).
         (.4)   If the Enforcement Agency has established geographic zones for the rotational towing program, a list of the geographic zones for which the applicant seeks to provide towing services.
         (.5)   Payment of an annual application fee of one hundred fifty dollars ($150).
      (c)   Upon receipt of a completed application, and any other documents required by the Enforcement Agency, and upon a determination that the applicant is a licensed towing company, the Enforcement Agency shall add the applicant to the list of towing companies approved for rotational towing. 820
      (d)   The Enforcement Agency shall promulgate regulations governing towing companies who participate in the rotational towing program, which regulations shall include at least the following provisions:
         (.1)   A towing company must respond on a 24-hour basis, and may not refuse more than a specified number of assignments within a specified period of time.
         (.2)   A tow truck must arrive at the requested location within 20 minutes from the time the towing company was contacted by the Enforcement Agency.
         (.3)   The towing company must tow the vehicle to a facility designated by the Enforcement Agency, except that the vehicle owner or operator may otherwise direct the towing company as to the location to which the vehicle shall be towed, within such geographic limits as the Enforcement Agency shall specify.
         (.4)   The towing company must provide the vehicle owner or operator with a form published by the Enforcement Agency explaining the vehicle owner or operator's rights, and setting forth the location to which the vehicle will be towed.
         (.5)   The towing company must perform a reasonable clean-up at the scene, such as the removal of significant pieces of debris resulting from the accident.
         (.6)   The towing company must have equipment appropriate for towing, including at least one flat-bed truck suitable for removing accident vehicles;
         (.7)   To be included on the list for rotational towing, neither the towing company nor any related company may have had its towing company license revoked at any time during the preceding 2 year period, and the towing company must possess a satisfactory record with regard to the operation of a towing business as determined by the Enforcement Agency based upon records of violations of this Section. For purposes of this subsection, a "related company" is any parent or subsidiary of a towing company, or any other entity in which a controlling interest is held by a person who holds a controlling interest in the towing company.
         (.8)   A towing company must comply with all provisions of this Section, any regulations promulgated under this Section, and all applicable law in the conduct of its business.
      (e)   The regulations promulgated under subsection (4)(d) shall also specify those violations for which a towing company may be suspended from the rotational list and the length of such suspensions. Such suspension from the rotational list shall be in addition to any other penalty for such violation imposed under subsection (16).
      (f)   The Enforcement Agency may, pursuant to a contract, delegate a portion of the administrative responsibility for the rotational towing program to a third-party agency. The Enforcement Agency shall promulgate written procedures for how the rotational tow program will operate. Such procedures shall, at the least, provide for the maintenance of a list of approved towing companies, or for a list of approved towing companies for each of specified geographic zones of the City, and for towing assignments to be made sequentially to all towing companies on the rotational list. 821
      (g)   Each licensed towing company on the approved list for the rotational towing program shall maintain accurate records of all towing services provided in response to request from the Enforcement Agency, on forms prescribed by the Enforcement Agency. The licensee's books and records pertinent to such requested towing services shall be made available to the Enforcement Agency for inspection upon request.
      (h)   Notwithstanding any other provision of this Section other than subsections (15) and (16) (relating to towing of stolen vehicles), the Enforcement Agency may, by regulation, establish a schedule of towing and storage fees applicable to vehicles towed under the rotational towing system, which shall include the Enforcement Agency's fifteen dollar ($15) administrative fee, and which shall not exceed the following:
 
Weight of vehicle
Towing fee
Storage fee
(per 24 hour day)
Under 11,000 pounds
$215
$25
11,000 to 17,000 pounds
$290
$40
Over 17,000 pounds
$400
$75
 
Storage fees shall be accrued for each twenty-four hour day. Where a vehicle is stored for less than twenty-four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored. 822
      (i)   For each tow provided under the rotational towing system, the Enforcement Agency shall charge an administrative fee of fifteen dollars ($15). In addition, the Enforcement Agency may require that an additional amount, to be set by regulation, shall be remitted from the towing fee to a third party agency with which the City contracts to assist with management of the rotational towing system. 823
      (j)   No person shall remove or tow a disabled vehicle when the owner or authorized operator of the vehicle is not present without first obtaining verification from the Police Department as to whether or not the vehicle has been reported stolen. If the vehicle has been reported stolen, then the towing company must comply with all of the requirements of subsection 9-605(15). 824
   (5)   Towing Agreements. 825
      (a)   Except for towing pursuant to subsection (4) (rotational towing system), no person shall remove or tow a disabled vehicle from or to a place within the limits of the City of Philadelphia unless a towing agreement, in triplicate, has been signed by the owner of a disabled vehicle or the owner's authorized representative, the operator of the towing vehicle, and a police officer if one is present. 826
      (b)   The original copy of the towing agreement shall be given to a police officer, if one is at the scene. The operator of the towing vehicle shall give a copy of the towing agreement to the operator of the vehicle, if present, prior to moving the vehicle.
      (c)   A copy of the towing agreement shall be retained by the licensee for 4 years.
      (d)   Reserved.
      (e)   The towing agreement shall be on the form prescribed by the Enforcement Agency and shall include the following:
         (.1)   the name and address of the towing company, the towing company's towing company license number, the registration number of the towing vehicle and a complete fee schedule of all charges on the face of the agreement with a statement that these fees are certified by the Enforcement Agency; 827
         (.2)   an authorization to remove the disabled vehicle to a bona fide garage or storage or repair station located within a reasonable distance from the scene of the tow, in conformity with the schedule of charges filed under subsection 9-605(3)(b)(.1) and stated in the agreement;
         (.3)   in the case of clubs or associations whose dues or other charges include towing service, a provision that the towing is a membership service for which no charge is made for members;
         (.4)   a provision requiring the release of the disabled vehicle to the owner or the owner's authorized representative upon payment of the amount due for towing and storage, if any, in accordance with the schedule of charges filed under subsection 9-605(3)(b), or upon demand if the owner is a member of a club or association whose dues or other charges include towing service, unless the owner or the owner's authorized representative has ordered additional work or services in connection with the disabled vehicle in accordance with the provisions of this Section;
         (.5)   a provision stating the location where the disabled vehicle will be stored and enabling the driver of the disabled vehicle, the owner thereof, the owner's authorized representative or the owner's insurance carrier to have free access to examine and inspect the disabled vehicle;
         (.6)   a provision limiting the scope of the towing agreement to towing and storage;
         (.7)   spaces as required to fill in all pertinent information on the vehicle in tow, which should include owner's name, address, year and make of vehicle and its registration number. 828
      (f)   No person shall use any form of towing agreement other than that prescribed by the Enforcement Agency.
      (g)   The towing agreement and the towing company's bill shall be incorporated into one document. 829
   (6)   Charges. 830
      (a)   Charges listed in the fee schedule certified under Section 9-605(3) may be calculated by mileage, time and type of service and shall be clearly stated on the towing agreement. The maximum fee a towing company may charge for towing a disabled vehicle is sixty dollars ($60) and three dollars ($3.00) per mile. The maximum storage fee for a vehicle towed under this Section cannot exceed twenty-five dollars ($25) per day. A day for the purposes of this Section shall be calculated on a twenty-four (24) hour basis. Where a vehicle is stored for less than twenty- four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored. The limitations and requirements of this subsection (6)(a) shall not apply to tows pursuant to a rotational system, or to fees for consensual towing. 831
      (b)   Other than towing and storage, no charge may be made other than for minor repairs at the site, which shall be limited to ten dollars ($10) and the cost of any replacement part.
   (7)   Any party who enters into an agreement for auto body or mechanical repairs for a vehicle towed under this Section shall have a seventy-two (72) hour time period from the time of signing service contract to reconsider their action and void said agreement. The party shall pay the storage charges as outlined in Section 9-605(6), and the direct charges for repairs that were performed prior to the termination of the service contract.
   (8)   Estimates, Repairs and Services. 832
      (a)   No towing company shall make repairs for a consideration on a disabled vehicle removed by a towing vehicle unless the owner of the disabled vehicle or the owner's authorized representative has signed an agreement which includes an estimate of the cost of the repairs.
      (b)   No charge shall be made either directly or indirectly for estimating the cost of repairs.
      (c)   No repair order or authorization for an estimate of repairs shall be solicited or signed by the operator of any towing vehicle or repair station until the conditions of the towing agreement have been fulfilled and the vehicle has been removed to a garage, storage lot or repair shop.
      (d)   No tie-in agreement authorizing repairs or an estimate of repairs shall be required or solicited as a condition for towing the disabled vehicle to a garage, storage lot or repair shop.
      (e)   If the owner or person in charge of the motor vehicle at the time of the accident is to be hospitalized, an agreement for repairs shall not be entered into with the injured party until 48 hours have elapsed from the time of the accident, unless the injured party has been discharged from the hospital prior to the signing of the agreement.
      (f)   One copy of any agreement entered into pursuant to subsection 9-605(6)(a) shall be given to the owner of the disabled vehicle or the owner's authorized representative and one copy shall be retained by the licensee for 4 years.
      (g)   Except where such towing is prohibited pursuant to subsection (4), the owner or driver of any disabled motor vehicle may require the service of any available tow truck and the owner or driver of any tow truck shall not refuse to render such services if:
         (.1)   the owner or driver of the disabled vehicle is willing to pay the fee prescribed under this Section;
         (.2)   it is physically possible for the tow truck to tow the disabled vehicle;
         (.3)   the tow truck is not going to or returning from a towing job.
   (9)   Bail. 833
      (a)   No person towing disabled vehicles shall offer to secure or provide bail, or enter into an arrangement, oral or written, to secure or provide bail, or arrange for the providing of bail for any person involved in a motor vehicle collision or accident.
      (b)   This prohibition shall not apply to automobile clubs or associations.
   (10)   Gratuities and Bribes. 834
      (a)   No person shall offer or give any gratuity, bribe or inducement of any kind to any officer or employee of the City or the Enforcement Agency, or any governmental officer or employee whose salary is paid out the City Treasury, in order to obtain towing business or recommendations for towing or storage or estimating upon or repairing disabled vehicles.
   (11)   Towing From Private Lots, Private Property and Driveways. 835 Only towing companies licensed under subsection (3) of this Section shall be permitted to tow any illegally parked vehicle from any licensed or unlicensed parking lot, from private property, from any common driveway and from in front of any driveway where the vehicle is blocking access to that driveway, and provided that such towing companies must have the prior written permission of the owner or other person in lawful possession of the property, or of a designated agent of such person, prior to towing from or in front of such property. A towing company shall retain on file all written permissions required by this Section.
      (a)   No such tow is permitted unless the parking lot or private property has posted in a conspicuous place near its entry which can be easily seen by the public a sign no smaller than thirty-six (36) inches high and thirty-six (36) inches across or, for single-family residential properties, no smaller than eighteen (18) inches high and eighteen (18) inches across, with text of sufficient size to ensure that the sign can be easily read. No such sign shall be posted unless the towing company has reported the location of the sign to the Enforcement Agency. The Enforcement Agency may by regulation detail the manner in which such reports must be filed, and may require a towing company to file an annual or other regularly updated list of all signs posted by the towing company. The towing company is responsible for the information on the sign, which shall give notice: 836
         (.1)   That unauthorized parking is prohibited and unauthorized vehicles will be towed.
         (.2)   That vehicles whose authorized parking time has elapsed will be towed.
         (.3)   Of the name, address, and telephone number of the towing company.
         (.4)   Of the charges for the towing and storage of towed vehicles.
         (.5)   Of the place where the towed vehicle can be redeemed after paying the allowable charges and the hours of operation. 837
         (.6)   That payment shall be made by cash, credit card or debit card. 838
         (.7)   That towing related complaints shall be reported to 3-1-1. 839
      (b)   No towing company may charge more than the amounts set forth in subsections 9-605(11)(b)(.1) through (.3) for towing and storage of a vehicle pursuant to this subsection 9-605(11). Neither the towing company, owner of the property from where the vehicle was towed nor any other person may charge the vehicle owner or operator any other charges, amounts or fees in connection with the towing and storage of the vehicle. The towing company or person storing such towed vehicle may not refuse to release the vehicle based on a claim to any charges in excess of the permitted amounts. 840
         (.1)   One hundred and seventy-five dollars ($175) for the towing of vehicles or combinations under 11,000 pounds (i.e. passenger vehicles, cars, pickup trucks, SUVs, and light duty vans) and twenty-five dollars ($25) for the storage of these vehicles for each twenty-four-hour period. Where a vehicle is stored for less than twenty- four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored.
         (.2)   Two hundred fifty dollars ($250) for the towing of vehicles or combinations at or over 11,000 pounds up to 17,000 pounds and forty dollars ($40) for the storage of these vehicles for each twenty-four-hour period. Where a vehicle is stored for less than twenty-four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored.
         (.3)   Three hundred and sixty dollars ($360) for the towing of vehicles or combinations at or over 17,000 pounds and seventy-five dollars ($75) for the storage of these vehicles for each twenty-four hour period. Where a vehicle is stored for less than twenty-four (24) hours on any day, storage fees shall be in the same proportion as the fractional part of the day the vehicle is stored.
      (c)   Reserved.
      (d)   No vehicle shall be hooked, towed, or handled in any manner under this subsection unless the vehicle has been ticketed, by the police or other law enforcement authority, for a violation of subsection 12-913(1)(b)(.1) (relating to parking in front of a public or private driveway), or subsection 12-913(2) (relating to parking or leaving unattended a vehicle on private property without consent of owner), at the location from which the vehicle is to be towed, except as provided in subsection 9-605(11)(d)(.1), except that in a licensed parking lot, a vehicle may be moved to another location in the parking lot prior to ticketing. Before issuing such a ticket, the Police Department shall determine whether or not the vehicle has been reported stolen. If the vehicle has been reported stolen, the police officer shall implement the rotational program maintained by the Police Department for towing of stolen vehicles, by notifying police radio to dispatch the next towing company authorized under that program to recover and safely store the vehicle where it may be claimed by its owner. Where applicable, the towing company must comply with all of the requirements of subsections 9-605(15) and (16). 841
         (.1)   An authorized tow company may remove a vehicle that is illegally parked on the premises of a hospital, or relocate it on the hospital premises, without the vehicle first being ticketed for a violation, provided:
            (.a)   Prior to any tow to remove the vehicle, an employee designated by the hospital completes a form that includes a description, including license number, of the vehicle to be towed, its location, and the date and time the hospital requested the tow. A copy of the completed form shall be affixed to the vehicle in a conspicuous place and shall not be removed except by the vehicle owner, and the original shall be kept on file by the hospital and made available to the vehicle owner upon request.
      (e)   Prior to towing a vehicle under this subsection, the towing company shall take digital photographs that clearly show the following: 842
         (.1)   The vehicle's license plate;
         (.2)   The violation for which the vehicle is being towed; and
         (.3)   The posted sign identifying that unauthorized parking is prohibited where the vehicle is parked, and that unauthorized vehicles will be towed.
Prior to accepting payment for the towing and storage, the towing company shall provide, without charge, a printed copy of the photographs to the owner or agent of the owner, when that person claims the vehicle. Photographs shall be retained by the towing company for at least sixty (60) days or until the vehicle is claimed, whichever is later.
      (f)   Prior to towing a vehicle under this subsection, the towing company shall obtain the signature of the owner of the property or the owner's agent, certifying the owner's or agent's knowledge of the violation, and including on the certification form the vehicle's license plate number, the nature of the violation, and the date and time. A copy of the signed certification shall be provided to the owner or agent prior to the towing of the vehicle. The towing company shall retain a copy of the certification for at least sixty (60) days, or until the vehicle is claimed, whichever is later. If the towing company has an agreement with a property owner to tow vehicles in violation of posted rules without notice from the property owner and is unable to obtain a signature from the owner or agent for each tow, such company shall, in lieu of the signed certificate, place a letter from each such property owner in each of its tow trucks, stating the terms of the towing company's authority for the location, and the violations and hours for which the authority is effective, and signed by the owner or owner's agent. Such letters must be produced on request of the Enforcement Agency or the Police Department. 843
      (g)   The Enforcement Agency or the Police Department may at any time during normal business hours, consistent with applicable law, inspect the towing company's office or vehicle storage lot, in order to obtain information concerning any vehicles towed pursuant to this subsection, including photographs and certifications for vehicles currently on the storage lot. 844
      (h)   The Police Department, upon a reasonable belief that a tow truck traveling with a hooked vehicle has towed the vehicle from private property, may stop the tow truck and request review of the photographs and property owner's certification for the vehicle. Failure or refusal by the tow truck driver to produce such documents for a vehicle towed under this subsection shall constitute a violation subject to the penalties in subsection 9-605(14). 845
   (12)   Prohibited Conduct. 846 No person shall engage in solicitation as defined in subsection 9-605(2)(g) unless summoned by a party to the accident or a police officer. Except as otherwise specified in subsection (4)(a), nothing in this Section shall prohibit a party to an accident, or any person acting on behalf of a party, from utilizing a towing service chosen by the party.
   (13)   Reserved.
   (14)   Enforcement.
      (a)   The Enforcement Agency or the Police Department may impound any unlicensed tow truck. In addition, the Police Department may impound a tow truck if its driver refuses a lawful order of a police officer at an accident scene and tows or attempts to tow a vehicle from such accident scene in violation of subsection 9-605(4)(a) and the police officer's order. The owner may reclaim any impounded vehicle upon the payment of a five hundred dollar ($500) impoundment fee. Such impoundment fee shall be in addition to any fines or civil penalties set forth in this Section. 847
      (b)   Fines, Civil Penalties, and License Suspension. 848
         (.1)   Violations of this Section and any regulations promulgated under this Section shall be subject to the following civil penalties and license suspensions:
Violation
Civil Penalty -
License Suspension
Violation
Civil Penalty -
License Suspension
Refusing excessive number of assignments
9-605(4)(d)(.1))
$100
Failure to appear within 20 minutes
9-605(4)(d)(.2))
$100
Improper maintenance of accident site
9-605(4)(d)(.5))
$300
Expired truck registration, inspection, or tow license
9-605(3)(a))
$500
Failure to maintain proper equipment
9-605(3)(e)(.9))
$100
Illegal solicitation of work
9-605(12))
   First offense
$500
   Second offense
$1,000
   Third offense
$1,000 and six months license suspension
   Fourth offense
$1,000 and one year license suspension
Towing from private lot, private property or driveway in violation of § 9-605(11)(d) - (f)
   First offense
$1,000 and release of vehicle towed without charge and reimburse- ment for any damages caused to the vehicle
   Second offense
$1,000 and all other first offense penalties, and six months towing company license suspension
   Third offense
$1,000 and all other first offense penalties, and one year towing company license suspension
Failure to accept credit/ debit card
9-605(3)(e)(.8))
   First offense
$175
   Second offense
$250
   Third offense
$1,000 and six months license suspension
   Fourth offense
$1,000 and one year license suspension
Failure to report vehicle towing
9-605(11)(d))
$500
Failure to maintain proper records
9-605(4)(g))
$500
All other violations
$300
 
 
      (c)   Administrative Adjudication. 849
         (.1)   Any duly authorized employee of the Enforcement Agency, and any other person authorized to enforce ordinances, may issue a ticket to any person in violation of this Section, pursuant to the procedures set forth in Section 10-1606. 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, all pursuant to the procedures set forth in Sections 10-1604 through 10-1609. The ticket 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.
   (15)   Towing Stolen Vehicles. 850 No more than fifteen dollars ($15) shall be charged to the owner of any vehicle to cover the City's administrative costs related to towing, storage and recovery when the vehicle has been reported stolen to the Police Department or illegally used by a person other than the owner of the vehicle, without the owner's authorization, express or implied.
   (16)   No more than one hundred and five dollars ($105) shall be charged to the owner of any vehicle to cover the costs related to towing and recovery when the vehicle has been reported stolen to the Police Department or illegally used by a person other than the owner of the vehicle, without the owner's authorization, express or implied. This amount is inclusive of the City's fifteen dollar ($15) administrative cost. 851
   (17)   Private Rights of Action. 852
      (a)   Any person who is charged fees by a towing company in excess of the fees set forth in the fee schedule filed pursuant to subsection (3)(c)(.6), or in excess of the maximum fees set forth in subsections (6), (11)(b) or (15), or whose vehicle is towed other than in circumstances authorized by this Section or otherwise authorized by law, shall have a right of action against such towing company in a court of competent jurisdiction, and may recover for each such violation:
         (.1)   Actual damages;
         (.2)   Exemplary damages of two thousand dollars ($2,000);
         (.3)   Reasonable attorney's fees and court costs;
         (.4)   Such other relief, including injunctive relief, as the court may deem appropriate.
      (b)   The right of action provided in subsection 9-605(17)(a) shall not apply to fees regulated by subsections (3)(c)(.1) or (6)(a) to the extent that those subsections provide for limits on towing charges to persons who contract for towing of a vehicle that they own or otherwise legally control, to be towed with their consent.
      (c)   Nothing in this subsection shall limit the right of an aggrieved person to recover damages under any other applicable law or legal theory, nor shall it limit the right of the City to seek license suspension, penalties, or other remedies for violations of this Section 9-605, except that any penalty imposed by the City for a violation of this Section shall be reduced by the amount of exemplary damages, if any, finally awarded pursuant to subsection (17)(a)(.2) for the same violation.
   (18)   Delegation of Administration and Enforcement to the Philadelphia Parking Authority; Effective Date.
      (a)   The Mayor and such other appropriate officers as the Mayor designates are authorized, on behalf of the City, to enter into a Memorandum of Understanding with the Philadelphia Parking Authority ("Parking Authority") under which the Parking Authority will administer and enforce all provisions of this Section 9-605. Such Memorandum of Understanding shall detail the financial arrangements between the City and the Parking Authority with respect to the Parking Authority's assumption of such powers and duties.
      (b)   Upon execution of the Memorandum of Understanding, the power and duty to administer and enforce all provisions of this Section 9-605 is delegated to the Parking Authority.

 

Notes

790
   Source: 1953 Ordinances, p. 278; amended, Bill No. 040595 (approved June 15, 2005); amended, Bill No. 041079 (approved May 12, 2005). Section 2 of Bill No. 040595 provides: "This Ordinance shall not be effective unless the rotational towing system referenced in Section 1 of this Ordinance is established pursuant to a bid solicitation substantially in the form of Exhibit "A" hereto, with such changes as the Procurement Commissioner shall deem necessary to protect the interests of the City, provided, however, that the provisions of Subsection 1.9 ("Bidder Qualifications") and Section 2 ("Specifications") shall not be revised in any material way and no provision shall be added that conflicts with such provisions." Amended, Bill No. 100213 (approved September 14, 2010), effective November 13, 2010; amended, Bill No. 100536 (approved February 15, 2011). Section 3 of Bill No. 100536 provides: "This Ordinance shall take effect May 1, 2011, except with respect to the amendments to § 9-605(4) of The Philadelphia Code ("Code") relating to the rotation method of tow truck selection. The amendments to § 9-605(4) shall take effect upon a date (the "Transition Date") designated by regulation of the Enforcement Agency (as defined in § 9-605(2) of the Code, as amended by Section 1). Before the Transition Date, the Enforcement Agency shall promulgate all regulations necessary for administration and enforcement of § 9-605(4) (as amended by Section 1), and shall compile an initial list of approved towing companies for the rotational tow program, following the procedures set forth in § 9-605(4), as amended. The Enforcement Agency shall mail written notice of the Transition Date to each towing company licensed under § 9-605 at least two weeks before the Transition Date. Until the Transition Date, the rotational tow program shall continue to be governed by the provisions of § 9-605(4) of the Code as it existed before the amendments set forth in Section 1, and any regulations promulgated under those provisions."
791
   Amended, Bill No. 030557 (approved October 30, 2003).
792
   Amended, Bill No. 030557 (approved October 30, 2003).
793
   Amended, 1983 Ordinances, p. 707.
794
   Amended, Bill No. 100213 (approved September 14, 2010), effective November 13, 2010.
795
   Added, 1983 Ordinances, p. 707.
796
   Amended, Bill No. 171001 (approved December 20, 2017). Section 2 of Bill No. 171001 provides: "Effective Date. This Ordinance shall take effect upon the Enforcement Agency's certification, by letter to Council, that the Enforcement Agency's amended Regulations governing rotational towing have been promulgated, and that the administrative and technical support required to implement the rotational towing system pursuant to the Regulations is ready for activation." On September 14, 2018, the Managing Director certified that the ordinance shall be effective September 18, 2018.
797
   Amended, Bill No. 171001 (approved December 20, 2017). See note 796 for effective date provisions.
798
   Amended, Bill No. 171001 (approved December 20, 2017). See note 796 for effective date provisions.
799
   Added, Bill No. 130135 (approved April 30, 2013).
800
   Added, Bill No. 130135 (approved April 30, 2013).
801
   Amended, Bill No. 1188 (approved November 15, 1995), 1995 Ordinances, p. 1296. Enrolled bill added subsection (b) and renumbered former subsection (b) to (c), but failed to renumber former subsections (c) and (d); renumbered by Code editor.
802
   Amended, 1993 Ordinances, p. 1121; amended, Bill No. 070390 (approved December 21, 2007); amended, Bill No. 130135 (approved April 30, 2013).
803
   Added, Bill No. 130135 (approved April 30, 2013).
804
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
805
   Amended, 1983 Ordinances, p. 707; amended, 1993 Ordinances, p. 1121.
806
   Amended, 1961 Ordinances, p. 945; amended, 1973 Ordinances, p. 902; amended, 1983 Ordinances, p. 707.
807
   Amended, 1986 Ordinances, p. 1044; amended, 1993 Ordinances, p. 1121.
808
   Added, 1983 Ordinances, p. 707.
809
   Amended, 1983 Ordinances, p. 707.
810
   Amended, 1983 Ordinances, p. 707; amended, Bill No. 100213 (approved September 14, 2010), effective November 13, 2010.
811
   Amended, 1983 Ordinances, p. 707.
812
   Added, 1982 Ordinances, p. 86; amended, 1983 Ordinances, p. 707.
813
   Added, 1982 Ordinances, p. 86.
814
   Added, 1982 Ordinances, p. 86; amended, Bill No. 130135 (approved April 30, 2013).
815
   Added, 1983 Ordinances, p. 707.
816
   Added, Bill No. 080004 (approved June 18, 2008).
817
   Amended, Bill No. 130135 (approved April 30, 2013).
818
   Added and remaining subsections renumbered, 1993 Ordinances, p. 1121.
819
   Amended, Bill No. 070556 (approved January 3, 2008); amended, Bill No. 161002 (approved December 20, 2016).
820
   Amended, Bill No. 171001 (approved December 20, 2017). See note 796 for effective date provisions.
821
   Amended, Bill No. 171001 (approved December 20, 2017). See note 796 for effective date provisions.
822
   Amended, Bill No. 150765 (approved December 23, 2015); amended, Bill No. 171001 (approved December 20, 2017). See note 796 for effective date provisions.
823
   Amended, Bill No. 171001 (approved December 20, 2017). See note 796 for effective date provisions.
824
   Added, Bill No. 060636-A (approved February 7, 2007); renumbered, Bill No. 100536 (approved February 15, 2011); further renumbered by Code editor.
825
   Renumbered, 1993 Ordinances, p. 1121.
826
   Amended, 1984 Ordinances, p. 974.
827
   Amended, 1983 Ordinances, p. 707.
828
   Added, 1983 Ordinances, p. 707.
829
   Added, 1983 Ordinances, p. 707.
830
   Amended, 1983 Ordinances, p. 707; renumbered and amended, 1993 Ordinances, p. 1121.
831
   Amended, Bill No. 130135 (approved April 30, 2013); amended, Bill No. 150765 (approved December 23, 2015).
832
   Renumbered by Code editor per 1993 Ordinances, p. 1121. Enrolled bill failed to renumber.
833
   Renumbered by Code editor per 1993 Ordinances, p. 1121. Enrolled bill failed to renumber.
834
   Renumbered by Code editor per 1993 Ordinances, p. 1121. Enrolled bill failed to renumber.
835
   Added, 1974 Ordinances, p. 192 (previous subsection (9) redesignated as subsection (10)); amended, 1985 Ordinances, p. 522; amended, 1985 Ordinances, p. 1076; renumbered by Code editor per 1993 Ordinances, p. 1121. Enrolled bill failed to renumber. Amended, Bill No. 970035 (approved July 1, 1997); amended Bill No. 030557 (approved October 30, 2003); former subsection (11)(e) deleted, Bill No. 060636- A (approved February 7, 2007).
836
   Amended, Bill No. 080650 (approved April 1, 2009); amended, Bill No. 100213 (approved September 14, 2010), effective November 13, 2010; amended, Bill No. 100710 (approved December 15, 2010).
837
   Amended, Bill No. 100213 (approved September 14, 2010), effective November 13, 2010.
838
   Added, Bill No. 100213 (approved September 14, 2010), effective November 13, 2010.
839
   Added, Bill No. 100213 (approved September 14, 2010), effective November 13, 2010.
840
   Added, Bill No. 100213 (approved September 14, 2010), effective November 13, 2010; amended, Bill No. 150765 (approved December 23, 2015).
841
   Amended, Bill No. 060636-A (approved February 7, 2007); amended, Bill No. 090691-AAA (approved February 17, 2010), effective March 19, 2010; amended, Bill No. 100538 (approved November 10, 2010); amended, Bill No. 120719 (approved January 14, 2013); amended, Bill No. 160682 (approved January 24, 2017).
842
   Added, Bill No. 120719 (approved January 14, 2013).
843
   Added, Bill No. 120719 (approved January 14, 2013).
844
   Added, Bill No. 120719 (approved January 14, 2013).
845
   Added and former subsection (i) deleted, Bill No. 120719 (approved January 14, 2013).
846
   Added and former subsection (11) renumbered, 1993 Ordinances, p. 1126. Cross-reference within this provision changed by Code editor to subsection 9-205(2)(g) to reflect Section as numbered in Code. Enrolled bill read subsection 9-205(2)(h).
847
   Amended, Bill No. 161002 (approved December 20, 2016).
848
   Amended, Bill No. 120719 (approved January 14, 2013); amended, Bill No. 170517 (approved November 6, 2019).
849
   Enrolled bill numbered this as subsection (d); renumbered by Code editor.
850
   Added, Bill No. 060636-A (approved February 7, 2007).
851
   Added, Bill No. 090714-A (approved January 13, 2010).
852
   Added, Bill No. 090827 (approved January 13, 2010). Enrolled bill erroneously numbered as (16); subsection and internal cross-references renumbered by Code editor.
§ 9-606. Ammunition. 853
   (1)   Legislative Findings. The Council finds:
      (a)   An emergency has been created by a substantial increase in the number and in the seriousness of crimes committed by minors against persons and property within the City.
      (b)   The increase in crime has been caused, in part, by the free accessibility which the said minors have to ammunition, which has created a menace to the preservation of public peace, safety, health, morals and welfare.
      (c)   The problem with respect to free accessibility to ammunition by minors can be reduced by regulating the sale and display of ammunition.
   (2)   Definitions. In this Section the following definitions apply:
      (a)   Ammunition. Any material used in discharging any type of firearm or any projectile discharged by said firearm.
      (b)   Minor. Any person under the age of 18 years. 854
   (3)   Prohibitions. 855
      (a)   Any person engaged in the business of selling ammunition shall be required to comply with the following:
         (.1)   during business hours no ammunition may be displayed on any open counter or in any other place readily accessible to the public.
         (.2)   during non-business hours ammunition shall not be displayed in windows.
         (.3)   a storage space, steel vault or steel safe approved by the Police and Fire Departments of a sufficient size to hold all the ammunition held for sale in any place in which ammunition is sold shall be provided for use during business and non-business hours whenever ammunition is unattended. 856
      (b)   No person shall sell, give or deliver any ammunition to minors; provided, that this Section shall not apply to ammunition supplied by a parent or guardian to his child or children, for lawful purposes.
      (c)   No person shall sell any ammunition which can be used in pistols, revolvers or other hand guns unless the purchaser produces satisfactory written identification and registers his name and address.
      (d)   Before promulgating any regulations designed to carry out the intent and purpose of this Chapter, the Department shall consult with the Police Department.
   (4)   Licenses.
      (a)   No person shall sell any ammunition unless he first receives a license from the Department.
      (b)   No person shall receive a license unless he:
         (.1)   complies with the provisions of this Section and the regulations issued pursuant thereto;
         (.2)   pays an annual fee of seventy-five dollars ($75). 857

 

Notes

853
   Added, 1956 Ordinances, p. 44; amended by deleting subsection (5), 1990 Ordinances, p. 715. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.
854
   Amended, 1957 Ordinances, p. 637.
855
   Amended, 1957 Ordinances, p. 637.
856
   Added, 1967 Ordinances, p. 893.
857
   Amended, 1973 Ordinances, p. 902; amended, Bill No. 090777-A (approved February 17, 2010).
§ 9-607. Firearms. 858
   (1)   Legislative Findings.
      (a)   Existing legislation does not establish adequate safeguards and security measures with respect to the storage of firearms, and thus many dealers store firearms in inadequately secured and in unprotected places.
      (b)   The lack of adequate security measures for the storage of firearms has resulted in easy accessibility to and theft of firearms which are subsequently used in the commission of crimes and represents a hazard to the health, welfare and safety of the community.
      (c)   Adequate requirements for the safe and proper storage of firearms would decrease both the incidence of unlawful entry for the purpose of stealing such firearms and the subsequent commission of other crimes wherein such firearms are used.
   (2)   Definitions.
      (a)   Firearms means any rifle, revolver, pistol or shotgun capable of propelling a projectile by means of an explosive material or charge.
      (b)   Dealer means any individual, firm, association, partnership or corporation engaged in the business of selling firearms, purchasing firearms for resale, or conducting a gunsmith or firearms repair business. Whenever used in any clause prescribing and imposing a penalty, the term "dealer" as applied to any partnership or association shall mean the partners or members thereof, and as applied to any corporation, shall include the officers thereof. 859
   (3)   Security Measures. 860
      (a)   During the hours they are not regularly open for business, dealers shall store all firearms in accordance with the following requirements.
         (.1)   No firearms shall be displayed in windows.
         (.2)   All firearms must be placed in an approved safe, vault or properly secured storeroom. 861
      (b)   Before promulgating any regulations designed to carry out the intent and purpose of this Chapter, the Department shall consult with the Police Department.
   (4)   Safes. Any dealer may comply with the requirements of this Section by providing an approved steel safe wherein any firearms may be stored and locked during non-business hours.
   (5)   Permits. No dealer shall receive a permit to store firearms unless he:
      (a)   Complies with the provisions of this Section, and regulations issued pursuant thereto;
      (b)   Pays an annual fee of seventy-five dollars ($75). 862
   (6)   Notice of Violation.
      (a)   Any dealer who violates the provisions of this Chapter shall be advised in writing by the Department of Licenses and Inspections of the nature of the violation, and shall be required to comply with the provisions of this Chapter within the period indicated in such notice, provided that in no case shall the time permitted for such compliance exceed 60 days.
      (b)   Each day that any dealer fails to comply with the requirements of this Chapter, or to make the changes indicated in any notice of violation, after the period allowed for such compliance has expired, shall constitute a separate violation of this Ordinance.

 

Notes

858
   Added, 1956 Ordinances, p. 442; amended by deleting subsection (7), 1990 Ordinances, p. 715. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.
859
   Amended, 1957 Ordinances, p. 639.
860
   Amended, 1957 Ordinances, p. 639.
861
   Amended, 1967 Ordinances, p. 894.
862
   Amended, 1973 Ordinances, p. 902; amended, Bill No. 090777-A (approved February 17, 2010).
§ 9-608. Real Estate Signs. 863
   (1)   Prohibited Conduct. No person who has erected or placed a "for sale", "for rent" or a sign indicating a property is to be auctioned or any other sign of similar import upon any premises containing a single or multi-family dwelling, shall permit the sign or signs to remain upon the premises for more than seven (7) days after any agreement of sale or an agreement of lease has been executed for the premises. Any sign which is not removed as required by this Section is hereby declared to be a public nuisance. The use of "for sale" and "for rent" sign or signs indicating a property is to be auctioned shall be subject to the requirements of Chapter 14-900. 864
   (2)   Prohibited Signs. No person shall erect or place a "sold" sign upon any premises containing a single or multi-family dwelling.

 

Notes

863
   Amended, 1960 Ordinances, p. 229; amended, 1970 Ordinances, p. 112; amended by deleting former subsection (3), 1990 Ordinances, p. 715.
864
   Amended, Bill No. 120774-A (approved January 14, 2013).
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