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(1) Definitions. In this Section the following definitions shall apply:
(2) Prohibited Conduct. No person shall own, lease to another or rent from another or otherwise possess or operate any premises for an automobile wrecking yard or junk yard and building unless the premises are either:
(a) fenced with durable material around the perimeter of those premises to the extent necessary to obscure from the view of any person using an abutting street the activity conducted on and any material upon those premises; or
(b) if fencing is impractical in the opinion of the Department of Licenses and Inspections trees and shrubs may be planted in a terrace-type manner if the Department finds that the premises will be obscured from view by any persons using an abutting street.
(3) Permits. No fence shall be erected, maintained, altered or restored unless application for approval is made to the Department of Licenses and Inspections on forms supplied by the Department. Upon approval by the Department and the payment of a permit fee of ten dollars ($10), a permit will be issued. No approval shall be given to any fence which is not a masonry or aluminum fence.
(4) Penalties. Any person violating this Section shall, upon conviction, be subject to a fine of not more than three hundred dollars ($300).
(5) Repeat Offenders. Any person who commits, on more than one occasion, a violation of this Section shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred dollars ($300), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
Notes
| 874 | Added, 1969 Ordinances, p. 1479; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081. |
| 875 | Referenced material now appears in Title 4, Subcode F, Chapter 25. |
| 876 | Referenced material now appears in Title 4, Subcode F, Chapter 25. |
(1) Definitions.
(a) Junk Dealer. An individual, partnership, association, corporation, or other business entity doing business in the City of Philadelphia which handles, stores, buys, sells, sorts, picks or otherwise processes junk, as commonly defined, including but not limited to, rags, paper, wastes, scrap metal, plumbing fixtures, and other similar materials.
(b) Utility cover. A cover made of metal or similar material that secures an area on the street or sidewalk in connection with gas, electric, water or other utility service. 878
(c) HVAC component. Any evaporator coil or condenser used in connection with an air conditioner of any size.
(2) Records Required.
(a) All junk dealers shall provide receipts to sellers and maintain adequate records in connection with all business transactions pertaining to bronze, copper, all plumbing fixtures such as pipes, bathtubs, toilets, sinks and all similar material, and all HVAC components, as well as any other items of which they may be required to keep a record in accordance with certain regulations promulgated by the Department of Licenses and Inspections.
(.1) Such receipts and records shall include information stating the name, address and commercial activity license number of the person and/or company with whom the junk dealer is transacting business; the type and amount of material involved in the transaction; the date of the transaction; the amount paid or received in connection with such transaction; and such other information as may be required by any regulations the Department of Licenses and Inspections shall from time to time promulgate. 879
(.2) No junk dealer may conduct any business transaction described in subsection 9-613(2)(a) without first securing adequate customer identification. For purposes of this subsection, "securing adequate customer identification" means that at the time of the transaction, the dealer obtains a photocopy of one of the following types of identification from the customer: 880
(.a) A valid identification document that contains a photograph and is issued by the federal government or a state government;
(.b) A valid motor vehicle operator's license issued by any state and containing a photograph;
(.c) A valid military identification card containing a photograph;
(.d) A valid passport;
(.e) A valid alien registration card containing a photograph;
(.f) A valid government-issued senior citizen identification card containing a photograph;
(.3) The records of a junk dealer, including those required under subsection (3) of this Section, shall be retained for a period of two (2) years after the date of a transaction.
(.4) In addition to the information required under subsection (a)(.1) to be set forth on a receipt for purchase of materials, the receipt shall contain the following statement: "By accepting payment from [Insert name of Junk dealer], seller represents and warrants that the material documented by this receipt is owned or was lawfully obtained by the seller and the seller has the legal right to sell such materials."
(3) Prohibited Conduct. No junk dealer shall handle, store, buy, sell, sort, pick or otherwise process any of the following items unless the person who sells such an item to the junk dealer provides proof of lawful possession and ownership of the materials or authorization to sell the materials on behalf of a documented owner: utility covers; cables used only in high voltage transmission lines; historical markers; cemetery plaques; traffic signs; refuse containers or refuse container components; HVAC components; new materials or new or used equipment or tools used in connection with building construction; or catalytic converters. Proof of lawful possession must be reasonable, taking into account the quantity and condition of the items. 881
(4) No junk dealer shall purchase any of the types of materials or items identified in subsections (2)(a) or (3) with any form of payment other than by check.
(5) Penalties and Cease Operations Orders. 882 Any junk dealer who violates any provision of this Section commits a Class II offense, and shall have his license and any license possessed under Title 5 883 revoked for ninety (90) days for the first offense and for a period of one (1) year upon each succeeding offense.
(a) During any period of license revocation, the business shall cease operation as a junk dealer. The Department shall issue a Cease Operations Order for the business location of the revoked license 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 revoked for violation(s) of the Code. The Cease Operations Order shall be in force for the full period of any license revocation, and shall set forth this period in the Order. The Department shall not remove any posted Cease Operations Order until the Department is satisfied that all revoked licenses have been restored, or the property interests in the location have changed so that neither the person under a license revocation nor any member of his immediate family retains a pecuniary interest therein.
(b) No new junk dealer license shall be issued for a business location posted with a Cease Operations Order, so long as any person under a license revocation, or any member of such person's immediate family, retains a pecuniary interest in the property at that location.
Notes
| 877 | Added, 1974 Ordinances, p. 1141; amended by deleting subsection (3), 1990 Ordinances, p. 715; amended, Bill No. 140750 (approved December 19, 2014). |
| 878 | Added, Bill No. 080301 (approved June 18, 2008). |
| 879 | Amended, 1985 Ordinances, p. 157; amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
| 880 | Added and subsequent subsection renumbered, Bill No. 100288 (approved October 20, 2010). |
| 881 | Added, Bill No. 080301 (approved June 18, 2008). |
| 882 | |
| 883 | Referenced material now appears in Title 4, Subcode F. |
(1) Definitions.
(a) Gratuity. Money paid or given to or left for an employee by a patron of a business over and above the amount due the business for services rendered to the patron or for goods, food, drink, or articles sold or served to the patron.
(2) Required and Prohibited Practices.
(a) Every gratuity shall be the sole property of the employee or employees to whom it was paid, given, or left for, and shall be paid over in full to such employee or employees. No employer may deduct any amount from wages due to an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due to the employee from the employer.
(b) An employer that permits patrons to pay gratuities by credit card shall pay employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deduction for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons using credit cards shall be made to the employees not later than the next regular payday following the date the patron authorized the credit card payment.
(c) Nothing in this Section shall prohibit an employer from adopting and enforcing a policy under which gratuities are pooled and distributed among all employees who directly provide service to patrons.
(3) Enforcement; Private Right of Action.
(a) The Mayor's Office of Labor Standards, or such other office or agency as the Mayor shall designate, shall administer and enforce this Section, and is authorized to receive and investigate reports from any person who believes that a violation of this Section has occurred.
(b) With respect to each affected employee, the failure to make payment of gratuities by the time specified in subsection (2)(b) shall constitute a separate violation of this Section. Each subsequent failure to make timely payment to such employee shall constitute a separate violation. Violation of this Section shall be a Class III offense, subject to the fines set forth in Section 1-109.
(c) Any employee aggrieved by an employer's violation of this Section shall have a right of action against such employer, 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.
(d) Nothing in this subsection shall limit the right of an aggrieved employee to recover damages under any other applicable law or legal theory, nor shall it limit the right of the City to seek fines or other remedies for violations of this Section, except that any fine 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 (3)(c)(.2) for the same violation.
Notes
| 884 | Added, 1976 Ordinances, p. 26; renumbered from Section 9-613, 1979 Ordinances, p. 1365; former Section 9-614 repealed and new Section added, 1991 Ordinances, p. 912; repealed, Bill No. 990757 (approved December 31, 1999). Added, Bill No. 110341 (approved November 29, 2011), effective December 14, 2011. |
(1) Definitions.
(a) Precious metals. Items of gold, silver, platinum, and their alloys, including, but not limited to, jewelry, but excluding coins and bullion.
(b) Dealer in precious metals or dealer. 886 An individual, partnership, association, corporation, or other business entity including an itinerant merchant doing business in the City of Philadelphia which purchases or makes appraisals of precious metals and their alloys for resale to refiners, brokers, or the public.
(2) Licenses. 887 No person shall engage in the business of, or be employed as a dealer in precious metals unless he or she first obtains a license from the Department of Licenses and Inspections for each location from which that person seeks to act as a dealer in precious metals.
(a) No registration shall be accepted unless the applicant furnishes the Department with an application setting forth:
(.1) the name, home and business address and telephone number of the dealer in precious metals;
(.2) the exact location(s), if other than the business address of the dealer, where transactions in precious metals are to be conducted;
(.3) the former business address of the dealer for the preceding three years; and
(.4) such other information as the Department may require.
(b) The registrant shall notify the Department, in writing, within seventy-two (72) hours, of any changes in the information supplied to the Department.
(c) The applicant for a license hereunder shall pay an annual license fee of two hundred dollars ($200) for each location from which the applicant intends to operate. 888
(d) All registrations shall be conditioned upon continued compliance with the provisions of this Section.
(3) Weighing Devices. 889 All scales or other devices used by dealers to weigh precious metals must be of a type approved for commercial use in the Commonwealth of Pennsylvania and must be inspected and sealed by the Pennsylvania Bureau of Ride and Measurement Standards' Weights and Measures Division.
(a) The dealer in precious metals must notify the Pennsylvania Bureau of Ride and Measurement Standards' Weights and Measures Division whenever a weighing device is moved from one location to another. 890
(b) All weighing devices shall be so positioned that their indications may be accurately read and the weighing operation observed by the seller.
(4) Price Posting. The dealer shall post a conspicuous sign in proximity to the place where weighings are made quoting the prices offered for the various units and fineness of precious metals.
(6) Customer Identification. 892 No dealer in precious metals may purchase or receive precious metals for resale from, or may exchange precious metals with, a customer without first securing adequate identification from the customer. "Securing adequate identification" means that at the time of the transaction, the dealer 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:
(a) A valid identification document issued by a state or federal government containing a photograph;
(b) A valid motor vehicle operators license issued by any state and containing a photograph;
(c) A valid military identification card containing a photograph;
(d) A valid passport;
(e) A valid alien registration card containing a photograph;
(f) A valid senior citizens identification card containing a photograph.
(a) Every dealer in precious metals shall utilize a secure, internet-accessible electronic inventory tracking system, as designated by the Police Department. Each dealer 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 dealer must upload, in the manner specified by the Police Department, the required tracking information for all precious metals purchased or exchanged during the course of business on that day.
(b) The Department of Licenses and Inspections shall issue regulations designating the internet- accessible electronic inventory tracking system to be used by each dealer in precious metals 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 remains secure and confidential by providing login security protocols to each dealer 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 a fee of up to four hundred dollars ($400) per location to defray the costs of the internet-accessible electronic inventory tracking system.
(a) Every dealer in precious metals shall keep any purchased, received or exchanged precious metals for at least 30 days from the date of receipt either on the dealers' premises or, if permitted under state law, at another suitable place for safekeeping; except that any person who presents adequate identification as set forth in subsection (6)(a) to (6)(f) to demonstrate that he or she is the person named in the electronic inventory tracking system as the owner of the precious metals may retrieve the precious metals prior to the expiration of the holding upon repayment to the dealer in precious metals of the purchase price paid to the customer by the dealer in precious metals and payment of any storage fee not to exceed twenty-five percent (25%) of that purchase price.
(b) During the holding period, any precious metals subject to the holding period shall be segregated from the dealer's other inventory to insure that it is not placed in an area or section where precious metals are offered for sale and may not be altered in any manner. The dealer shall permit any law enforcement officer to inspect any purchased precious metals during the holding period without the need to present a warrant or subpoena. Where any precious metals are held off the premises, a dealer shall make the item available for inspection within 24 hours after receiving the written request of a law enforcement officer to inspect an item. Any law enforcement officer who has reason to believe any precious metals were not sold or exchanged by the lawful owner may direct a dealer to hold those precious metals for a reasonable length of time that the law enforcement officer considers necessary to identify it.
(c) Exception for customer return or exchange. Nothing in this subsection (8) shall apply to the return or exchange of any precious metals purchased from or exchanged with that dealer.
(9) Records Required. 895 All dealers in precious metals shall maintain records of each transaction in which they purchase precious metals from the public or give a statement of appraisal. Such records shall be retained for a period of two (2) years from the date of the transaction. These records shall include:
(a) the date of the transaction;
(b) a description of the precious metal or metals involved in the transaction including:
(.1) net weight in terms pounds Troy, ounces Troy, pennyweight (Troy) or kilograms/grams;
(.2) fineness in terms "karat" for gold and "sterling or coin" for silver;
(c) legal name and address of the purchaser or appraiser;
(d) the seller's name and address;
(e) the seller's motor vehicle operator's number, or Social Security number, or other comparable identification number; and
(f) the seller's left thumbprint.
(10) Compliance with State Law. 896 All dealers in precious metals shall comply with all provisions of applicable state law, in particular the Act of February 24, 1984, Pa. Laws 92, No. 17, as amended (codified at 73 P.S. §§ 1931 et seq.).
(11) Penalties, Cease Operations Orders and License Revocations. 897 A violation of any provision of this Section shall be classified as a Class III offense and the penalty for such violation is, in addition to any other sanctions provided, a fine not exceeding the maximum fine for Class III offenses as set forth in Section 1-109. In addition to the penalties provided in Section 1-109, any dealer in precious metals who violates any provisions of this Section shall have all of his licenses revoked for ninety (90) days for the first offense and for a period of one (1) year upon each succeeding offense. The provisions of Section 9-105 shall not apply to violations of this Section.
(a) During any period of license revocation, each and every location of the dealer's business where violations have occurred shall cease operation as a dealer in precious metals. The Department shall issue a Cease Operations Order for each business location operated by the dealer whose license(s) have been revoked in accordance with The Philadelphia Administrative Code, provided that the Cease Operations Order shall identify the prohibited operations and shall state that the applicable license has been revoked for violation(s) of the Code. The Cease Operations Order shall be in force for the full period of any license revocation, and shall set forth this period in the Order. The Department shall not remove any posted Cease Operations Order until the Department is satisfied that all revoked licenses have been restored, or the property interests in the location have changed so that neither the person under license revocation nor any member of his immediate family, or in the case of a corporation, the corporation or any affiliated business entities retain a pecuniary interest therein.
(b) No new dealer in precious metals shall be issued a license for a business location that has been posted with a Cease Operation Order, so long as any person under a license revocation, 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.
Notes
| 885 | Added, 1981 Ordinances, p. 132; amended by deleting subsection (6), 1990 Ordinances, p. 715. |
| 886 | Amended, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 887 | |
| 888 | Amended, 1992 Ordinances, p. 550; amended, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 889 | |
| 890 | Amended, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 891 | Former subsection (5) renumbered as subsection (9), Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. Enrolled bill did not provide for a new subsection (5); reserved by Code editor. |
| 892 | Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 893 | Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 894 | Added, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 895 | |
| 896 | New subsection added, 1993 Ordinances, p. 124 ; renumbered, Bill No. 090910-A (approved September 1, 2010), effective March 1, 2011. |
| 897 |
(1) Definitions. In this Section the following definitions apply:
(a) Service station or other retail establishment. Any person, firm, or corporation engaged in the sale or offer for sale at retail, of motor fuel from approved dispensing devices.
(b) Motor fuels. Gasoline, gasohol diesel, or any other fuel developed and used as fuel for internal combustion engines.
(c) Dispensing device. An approved device designed for the measurement and delivery of liquids used as fuel for internal combustion engines.
(2) Signs. The owner or operator of a service station or other retail establishment shall post and keep posted on the individual dispensing device where retail motor fuel is sold or offered for sale, a sign or placard at least twelve (12) inches in height and at least twelve (12) inches in width, stating clearly and legibly in whole numerals and fraction of a cent numerals, the selling price per gallon of such retail motor fuel, or price per liter, whichever is applicable. When the price per liter is displayed, the price per gallon must also be indicated. Such selling price shall be clearly legible and visible to the operator of a vehicle approaching the station.
(a) Whole numerals shall be at least five (5) inches in height and three-quarter inch in thickness and the fraction of a cent numerals shall be at least one-half the height and thickness of the whole numerals.
(b) Where such dispensing device dispenses more than two different priced grades of motor fuel, only the highest and lowest selling prices per gallon (or liter, if being sold by the liter), of such motor fuel must be posted in conformance with all other provisions of this Section.
(c) Such sign shall also indicate that the federal, state, and local taxes are included in such selling prices per gallon or per liter, if being sold by the liter.
(d) Said sign shall also indicate, where applicable, whether the price is for "partial self-service" or "full- service" and must be consistent with the prices indicated on the dispensing device.
(e) All other price signs relating to motor fuel displayed on or about the premises shall conform with the following:
(.1) Where there is more than one grade of motor fuel or more than one price for the same grade of motor fuel, the sign or signs shall clearly indicate both prices for the same grade of gasoline and the type of service to which each price refers.
(.2) Said sign shall be clearly legible and visible and shall conform with the provisions of (2)(a), (2)(c), and (2)(d) of this Section.
(3) Prohibited Signs. No signs indicating the price for commodities other than retail motor fuel as required in this Section, may be posted on or about the retail motor fuel dispensing device. Nor may any signs on the premises be used in any manner so as to mislead a prospective purchaser.
(4) The owner or operator of the service station shall dispense motor fuel in conformity with the National Bureau of Standards's Handbook 44 titled "The Specifications and Tolerances for Weighing and Measuring Devices".
(5) Accessibility. 899 Service stations shall be subject to the provisions of (5)(a) through (5)(d) of this Section to provide service to persons with disabilities.
(a) No person shall convert an existing full-service or partial self-service station to a total self-service station unless the converted station is within a one mile (1.609 km) radius of a full-service or partial self-service station. For the purpose of this Section, 900 self-service shall mean the dispensing of motor fuels from fixed dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant.
(b) The attendant handling the full service equipment at a partial self-service station shall dispense gasoline from self-service pumps during hours in which full-service is being offered, upon the request of a disabled operator of a motor vehicle. Such disabled operator shall, upon request, produce evidence of disability, such as an official certificate of disability, handicapped license plate, placard or other acceptable evidence for review by the attendant dispensing the gasoline.
(c) Partial self-service stations shall operate at least one (1) full-service island for a minimum of 12 hours each day they remain open for 12 hours or more. Where partial self-service stations remain open for less than 12 hours on any given day, they shall maintain a full-service island in operation for the entire period they are open.
(d) Partial self-service stations shall prominently display a decal no smaller than 8 square inches on the self-service pumps clearly stating the requirements of subsections 9-616(5)(b) and (5)(c) and the penalties applicable thereto.
(6) Enforcement. 901 The provisions of this Section shall be enforced by the Department of Licenses and Inspections. Any person who violates subsection 9-616(3), relating to prohibitions applicable to signs where retail motor fuel is sold, shall have committed a Class III offense and be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code.
Notes
| 898 | Added, 1982 Ordinances, p. 61; amended by deleting subsection (6), 1990 Ordinances, p. 715. |
| 899 | Added and former subsection (5) renumbered, Bill No. 906 (approved July 25, 1995), 1995 Ordinances, p. 1136. |
| 900 | Enrolled bill contained no comma. Bill No. 906 (approved July 25, 1995), 1995 Ordinances, p. 1136. |
| 901 |
(1) Definitions. In this Section the following definitions shall apply:
(a) Transportation installation. Any station, terminal, or other location within the City, excluding bus or trolley stops, where train tracks are located or where trains, trolleys or buses receive and/or discharge passengers.
(c) Department. The Department of Licenses and Inspections.
(2) Construction and Repair of Fences.
(a) All owners or operators of transportation installations within the City of Philadelphia shall construct and keep in good repair fences at that portion of any transportation installation located in a residential area of the City where people can reasonably be expected to congregate in order to make use of a transportation installation or attempt to cross train tracks, thereby creating a potentially dangerous situation and threat of accident.
(b) The Department is empowered to inspect all transportation installations within residential areas in the City of Philadelphia to make determinations whether conditions exist creating potentially dangerous situations and threat of accident as provided in subsection 9-616(2)(a) hereof. In the event that the department determines that a potentially dangerous situation and threat of accident exists, it may order the owner or operator of a transportation installation to comply with the regulations of this Section in accordance with subsection 9-616(3).
(c) All fences must be approved by the Department as concerns design and location.
(.1) Fences shall be of durable material, at least four (4) feet in height, and shall be placed at transportation installations as provided by subsection 9-616(2)(a), in such a manner as to not seriously hamper the operation of the affected transportation service.
(d) Owners or operators of transportation installations and the Department shall make their determinations of where fences are to be erected in order to protect the public from potentially dangerous situations and threat of accident based upon consideration such as, but not limited to, the following:
(.1) the proximity of the train or bus installation to the homes of nearby residents; and
(.2) the degree to which people, especially children, frequent the area of the train or bus installation; and
(.3) the number of injuries which have occurred at the particular train or bus installation; and
(.4) complaints received relating to the presence of people, especially children, on or about train tracks.
(3) Administrative Provisions.
(a) Where the Department determines that any owner or operator of a transportation installation shall be required to erect or repair any fence around said installation, a written notice of that determination shall be given, together with an appropriate order to comply, to the owner or operator.
(.1) The order to erect a fence shall provide that be completed within sixty (60) days.
(.2) The order to repair a fence shall provide that repairs be completed within thirty (30) days.
(b) Any person aggrieved by a decision or any action of the Department may appeal to the Board of Licenses and Inspections Review for a review of the determination in accordance with the procedure prescribed by the Board. If this appeal is filed within ten (10) days after giving of notice of the determination and action of the Department, compliance with an order to erect or repair shall not be required when the appeal is pending before the Board or before the Court, except, as provided in subsection 9-616(3)(c).
(c) Whenever the Department finds that a condition exists at any train or bus installation which creates an emergency requiring immediate corrective action to protect the safety of the public, it may issue an order to erect or repair fences reciting the existence of the emergency and requiring necessary action to be taken immediately. Any person to whom such order is directed shall comply immediately even though an appeal is taken to the Board. Any person aggrieved by such an order may appeal to the Board, as provided in subsection 9-616(3)(b).
(4) Abatement. When an order of the Department to erect or repair a fence has not been complied with in the time prescribed therein and there is no appeal pending, except as provided in subsection 9-616(3)(c), the Department may itself, or by contract, erect or repair the fence; charge the cost thereof to the owner or operator; and with the approval of the Law Department collect the cost of the work by lien or as otherwise may be authorized by law.
Notes
| 902 | Added, 1982 Ordinances, p. 1659 (Note: Enrolled Bill No. 1318, passed over the Mayor's veto on November 4, 1982, erroneously numbered this as Section 9-616. Also note: Pursuant to Bill No. 1728 (approved June 15, 1983), the effective date of Section 9-617 was September 12, 1983.); amended by deleting subsection (5), 1990 Ordinances, p. 715. |
| 903 | Amended, Bill No. 120774-A (approved January 14, 2013). |
(1) Definitions.
(a) Indelible marker. Any felt tip marker, china marker or similar device that is not water soluble and which has a flat or angled writing surface one-half inch or greater.
(b) Etching acid. Any liquid, cream, paste or similar substance that can be used to etch, carve, engrave, or otherwise impair the physical integrity of glass or metal.
(c) Minor. Any person under the age of eighteen (18) years.
(d) Person. Any retail establishment.
(a) No person shall sell or offer for sale, transfer or offer for transfer any etching acid.
(b) No person shall sell or offer for sale, transfer or offer for transfer any spray paint container or indelible marker unless such spray paint container or indelible marker is held for sale or transfer in an enclosed device which is constructed to prevent removal of the merchandise except by authorized attendants or is stored, out of sight, in such a way as to prevent free access to the merchandise by the public.
(.1) No person shall sell or otherwise transfer any spray paint container or indelible marker to a minor, unless said minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
(.2) No person shall sell or otherwise transfer any spray paint container or indelible marker unless:
(.a) The purchaser or transferee shall have supplied photo identification as proof of lawful age.
(.b) Any electronic scanner system, or other system deemed satisfactory to the Department, is programmed, or is in place to reject the sale unless a birth date is entered into a cash register or computer, or retained in a log in order to record the transaction. 907
(d) No minor shall, at the time of purchase of items specified in subsection 9-618(2)(c), knowingly furnish fraudulent evidence of majority including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, an identification card issued to a member of the Armed Forces, or any document issued by a federal, state, county or municipal government. 908
(3) Enforcement. 909 The Department of Licenses and Inspections shall enforce the provisions of this Section.
(a) Any person who violates the provisions of this Section or any minor who violates the provisions of subsection 9-618(2)(d) shall be subject to a fine or penalty for a violation of a Class III offense, as set forth in subsection 1-109(3) of the Code, and/or imprisonment not exceeding ninety (90) days. 911
In addition, the Department may confiscate the entire inventory of spray paint containers, indelible markers and etching acid from a business for a second or repeated violation of this Section. The business proprietor may reclaim the spray paint containers, indelible markers and etching acid upon payment of a three hundred dollar ($300) confiscation fee.
Notes
| 904 | Added, 1983 Ordinances, p. 1372 (Note: Enrolled Bill No. 1741-A (approved October 12, 1983) erroneously numbered this as Section 9-617; cross-references have been renumbered.); amended by deleting subsection (4), 1990 Ordinances, p. 715; amended, Bill No. 010555 (approved November 2, 2001); amended, Bill No. 040907 (approved January 25, 2005). |
| 905 | |
| 906 | Amended, Bill No. 070876 (approved December 21, 2007). |
| 907 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 908 | Amended, Bill No. 090777-A (approved February 17, 2010). |
| 909 | Renumbered, 1993 Ordinances, p. 483; renumbered, Bill No. 090777-A (approved February 17, 2010). |
| 910 | |
| 911 | Amended, Bill No. 070876 (approved December 21, 2007). |
| 912 | Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012. |
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