§ 10-201. Definitions.

   (1)   Ethnic intimidation is tortious conduct performed with the intent to injure another person, or group of persons, or his, her or its property, because of such other person's or group's race, religion or national origin.

   (2)   Institutional vandalism is the intentional desecration, as defined in Section 5509 of the Crime Code (18 Pa. C.S. § 5509), vandalizing, defacing, defiling or otherwise damaging (including by application of stickers or any other material) of: 51

      (a)   any church, synagogue or other communal facility regularly used for religious worship, meditation, contemplation or other related purposes;

      (b)   any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;

      (c)   any courthouse, historic monument or landmark, museum or civic shrine, including, without limitation, Philadelphia City Hall;

      (d)   any publicly-accessible outdoor artwork or memorial, whether or not publicly-owned, including, but not limited to, public sculpture, and any military, police, firefighter or other national defense or public safety memorial;

      (e)   the grounds occupied by any facility set forth in subsection (2)(a), (2)(b) or (2)(c);

      (f)   any property located in any facility set forth in subsection (2)(a), (2)(b) or (2)(c), including, but not limited to, any headstone, grave marker, or gravesite; 52

      (g)   any base, sub-base, or other supporting structure of any artwork or memorial set forth in subsection (2)(d).

 

Notes

51	Amended, Bill No. 120534-A (approved January 23, 2013).
52	Amended, Bill No. 170204 (approved June 22, 2017).

§ 10-202. Prohibited Conduct. 53

   (1)   No person shall commit the offense of ethnic intimidation and no person shall commit the offense of institutional vandalism.

   (2)   No person shall display, with the intent to intimidate another person or to incite violence, in a place of employment, in a public accommodation, in a public facility, on public property or in the public right-of-way, the following symbols of virulent animus: a noose; a burning cross; or a swastika.

 

Notes

53	Amended, Bill No. 070914 (approved January 3, 2008).

§ 10-203. Penalties. 54

   (1)   Violation of any provision of this Chapter is subject to the monetary fines established for a Class III offense and, upon the third successive violation, imprisonment of up to thirty (30) days. Section 1-112 ("Notices of Violation") shall not be applicable to this Chapter. Each act of ethnic intimidation and each act of institutional vandalism, including each act of vandalizing an individual headstone, grave marker, or gravesite, shall constitute a separate violation.

 

Notes

54	Amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; amended, Bill No. 070914 (approved January 3, 2008); amended, Bill No. 120534-A (approved January 23, 2013); amended, Bill No. 170204 (approved June 22, 2017).

§ 10-204. Private Rights of Action.

   (1)   Nothing in this ordinance shall be in derogation of the private rights of action created by the Commonwealth in its Act No. 154 of 1982.