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(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. |
(1) Definitions.
(a) Merchandise. Any objects, wares, goods, commodities, or any other tangible items offered, directly or indirectly, to the public for sale.
(b) Proof of Purchase. A receipt, bill, credit card slip, or any other form of evidence which constitutes reasonable proof of purchase.
(c) Retail Mercantile Establishment. Any place of business where merchandise is exposed or offered for sale at retail to members of the consuming public.
(2) Posting of Signs. Every retail mercantile establishment shall conspicuously post its refund policy as to all merchandise on a sign in at least one of the following locations:
(a) Attached to the item itself; or
(b) Affixed to each cash register or point of sale so situated as to be 914 clearly visible to the buyer; or
(c) Posted at each store entrance used by the public.
(3) Content of Signs. Any sign required by subsection 9-619(2) to be posted in retail mercantile establishments, shall state whether or not it is a policy of such establishment to give refunds and, if so, under what conditions, including but not limited to whether a refund will be given:
(a) on merchandise which has been advertised as "sale" merchandise or marked "as is":
(b) on merchandise for which no proof of purchase exists;
(c) at any time or not beyond a point in time specified; or
(d) in cash, or as credit or store credit only.
(4) Exceptions.
(a) This Section shall not apply to sales of motor vehicles or perishables and incidentals to such perishables, or to custom ordered, and/or custom finished merchandise, or merchandise not returnable by law. 915
(b) The provisions of this Section shall not apply to any retail establishment that maintains or adopts a policy of providing a cash refund for a cash purchase, or providing a cash refund or issuing a credit for a credit purchase, which credit is applied to the account originally debited for the purchase, when the return of any of its unused and undamaged merchandise is made within twenty (20) days of the purchase date. 916
(5) Rules and Regulations. The Department of Licenses and Inspections is hereby charged with the enforcement of the provisions of this Section and is hereby authorized to promulgate and enforce necessary rules and regulations consistent with the provisions of this Section.
(6) Penalties. Any person who violates the provisions of this Section shall be subject to a fine or penalty not less than fifty dollars ($50) nor more than three hundred dollars ($300), plus a minimum of fifty dollars ($50) for each day the violation continues, and/or imprisonment not exceeding ninety (90) days.
Notes
913 | Added, 1986 Ordinances, p. 31. |
914 | Enrolled Bill No. 405 omitted the word "be". 1986 Ordinances, p. 31. |
915 | Amended, 1987 Ordinances, p. 1508. |
916 | Added, 1987 Ordinances, p. 1508. |
(1) Prohibited Sale or Installation. No person shall install, sell or transfer ownership of, or offer to install, sell or transfer ownership of any audible anti-theft alarm device that can be installed in a motor vehicle unless that alarm device is of a type:
(a) capable of, and programmed to, automatically terminate the sounding of its audible alarm with five (5) minutes of its being activated, and
(b) not capable of, nor programmed to, be sounded without direct physical contact with any motor vehicle on which it has been or is to be installed.
(2) Prohibited Modification. No person shall modify or offer to modify an audible anti-theft alarm device after it has been installed on a motor vehicle, or that is to be installed in a motor vehicle, so that the alarm device may be sounded without directed physical contact with the motor vehicle or so that the alarm device will not automatically terminate its sounding within five (5) minutes of its being activated.
(3) Penalties. Any person who violates any provision of this Section shall be subject to a fine of not more than three hundred dollars ($300) or imprisonment of not more than thirty (30) days, or both. Each prohibited installation, sale, transfer or modification, or offer to install, sell, transfer or modify, shall be deemed a separate violation for which a separate penalty may be imposed.
Notes
917 | Added, Bill No. 518 (approved March 29, 1995), 1995 Ordinances, p. 156. |
(1) Definitions.
(a) Tire dealer. Any business that purchases or sells tires, whether new or used.
(b) Registered waste tire hauler. An authorized waste tire hauler registered with the Commonwealth pursuant to the Waste Tire Recycling Act, Act of Dec. 19, 1996, P.L. 1478, No. 190, 35 P.S. § 6029.101 (the "Waste Tire Recycling Act").
(c) Waste tire. A tire that will no longer be used for the purpose for which it was originally intended. The term includes a tire that has been discarded by any owner or user even though the tire may have some remaining useful life. A tire becomes a waste tire when it is discarded by any owner or user.
(d) Waste tire hauler. A person that transports whole used or waste tires in the City of Philadelphia for business-related purposes. This term does not include persons who haul their own waste tires in the course of routine tire replacement.
(2) License Required.
(a) No person shall engage in the business of a tire dealer unless that person has first obtained a license from the Department. A separate license shall be required for each location at which a tire dealer purchases or sells tires.
(b) All applications for such license shall be submitted in a manner as determined by the Department and shall contain the following information:
(.1) The name and home address of the owner and, if the owner is a corporation or a partnership, the name and home address of a principal partner or corporate officer;
(.2) The business telephone number of the owner;
(.3) The location of the business where tires are sold, purchased, disposed of or stored;
(.4) Commercial activity license number;
(.5) Billing address;
(.6) The registered waste tire haulers with whom the tire dealer is contracted for the removal of waste tires;
(.7) A brief description of the circumstances in which the business purchases, sells, and disposes of tires, whether new or used;
(.8) A statement certifying compliance with all license requirements set forth in subsection 9-621(3).
(c) The applicant must also submit the following to the Department before the license will be issued:
(.1) Payment of an annual license fee of three hundred dollars ($300) for each location. The Department may from time to time by regulation revise the annual license fee (including the structure of the fee) to reflect the City's costs of regulating tire dealer businesses and the special costs incurred by the City because of the operation of such businesses.
(.2) Proof of zoning approval for use of the location as a tire dealer.
(.3) A Certificate of Occupancy indicating Building and Fire Code approval of the location of the tire dealer.
(.4) Current certifications of all fire protection systems on the premises as required by the Fire Code.
(d) Licenses will be renewed annually upon payment of the license renewal fee equal to the annual license fee as established by subsection 9-621(2)(c)(.1).
(3) License Requirements. Every tire dealer licensed under this Section 9-621 must:
(a) Comply with all applicable provisions of the Waste Tire Recycling Act.
(b) Comply with all provisions of The Philadelphia Code applicable to such business.
(c) Maintain a tire manifest for each location that:
(.1) Provides a detailed accounting of each tire purchased, sold, or obtained in or disposed of in any other manner by a tire dealer.
(.2) Identifies (i) the manner by which each tire was obtained by the tire dealer, (ii) the manner by which each tire left the possession, custody or control of the tire dealer, and (iii) the number of tires implicated by each such transaction.
(.3) Reflects the signature of a registered waste hauler on every entry on such manifest that documents each tire disposed of by such registered waste hauler.
(d) Make the tire manifest and all supporting documentation available to the Department upon request.
(e) Exclusively use the registered waste tire haulers with whom the business is contracted for the disposal of tires.
(f) Maintain records documenting the sale of each tire sold by the tire dealer.
(g) Inform the Department of any change to the information supplied on the license application within ten (10) days of such change.
(h) Maintain compliance with the Philadelphia Fire Code in the storage of all tires.
(4) Inspections. Prior to the issuance of the initial license, the applicant must obtain a safety inspection by the Department of the proposed location for compliance with the Philadelphia Fire and Property Maintenance Codes. During the license period, the Department may conduct audits, investigations, inspections, and such other examinations as the Department determines is necessary or appropriate to verify compliance with this Section 9-621.
(5) Willful Violation. In addition to any other penalties provided in The Philadelphia Code, the Department is authorized to suspend or revoke a tire dealer license for any willful violation of The Philadelphia Code applicable to the business.
Notes
918 | Added, Bill No. 1091 (approved July 25, 1995), 1995 Ordinances, p. 1185; amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012; repealed, Bill No. 170798 (approved January 3, 2018); added, Bill No. 180648 (approved November 14, 2018). Section 2 of Bill No. 180648 provides: "This Ordinance shall be effective two weeks after the Commissioner of Licenses and Inspections certifies to the Chief Clerk of Council, and provides notice on the City's website, that the technology to appropriately implement this license is in place." |
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