§ 10-604. Alcoholic Beverages. 135

   (1)   Definitions.

      (a)   Alcoholic Beverages. All "liquor" and "malt or brewed beverages" as defined by the Pennsylvania Liquor Code, 47 P.S. § 1-102.

      (b)   Public Right-of-Way. All public streets, alleys, sidewalks, steps and other corridors through which either vehicles or persons may travel, including motor vehicles parked within such right-of-way.

   (2)   Prohibited Conduct.

      (a)   No person shall bring onto any city-owned recreation center, playground or park area, with the exception of Fairmount Park, proper, or drink thereupon an alcoholic beverage unless such person has written permission for that purpose from the person in charge of the City facility.

      (b)   No person shall consume alcoholic beverages or carry or possess an open container of alcoholic beverages in the public right-of-way, or on private property without the express permission of the landowner or tenant, except that this prohibition shall not apply to alcoholic beverages consumed in the public right-of-way as permitted under Chapter 9, Section 208 of The Philadelphia Code entitled "Sidewalk Cafés" or to block parties held under special permit issued by the Street Department and in accordance with regulations issued pursuant thereto.

   (3)   Regulations. The Philadelphia Police Department shall enact regulations to enforce this Section within ninety (90) days of passage of this ordinance.

   (4)   Penalties. 136

      (a)   The penalty for violation of subsection (2)(b) of this Section, pertaining to the public right-of-way or private property, shall be a fine of at least fifty dollars ($50) per violation but not to exceed three hundred dollars ($300) per violation. The failure to pay the fine within ten (10) days shall result in imprisonment for a period not exceeding ten (10) days, together with costs.

      (b)   Any person violating subsection (2)(a) of this Section, pertaining to City-owned recreation centers, playgrounds or park areas, with the exception of Fairmount Park, shall have committed a Class III offense and shall be subject to the fines set forth in subsection 1-109(3), or imprisonment for not more than ninety (90) days, or both.

      (c)   Such penalties shall be enforced by the Philadelphia Police Department.

 

Notes

135	Amended and subsections added, 1986 Ordinances, p. 1003; amended, 1988 Ordinances, p. 915; added, 1989 Ordinances, p. 1393; amended, 1989 Ordinances, p. 1484; amended and subsection (1)(c) ("Restricted Area") repealed, 1990 Ordinances, p. 754. Before repeal, additional areas were added, 1991 Ordinances, pp. 183, 199, and 692.
136	Amended, Bill No. 070307 (approved September 20, 2007).

§ 10-605. Food or Beverage on Vehicles of Public Transportation. 137

   (1)   No person shall consume any food or beverage aboard any vehicle of public transportation, including any train, bus, trolley, trackless trolley or subway vehicle except that this restriction shall not apply to the consumption of food or beverages on vehicles of public transportation that have dining facilities on board.

   (2)   No person shall leave papers, beverages, food, or food wrappers on or about any part of any vehicle or station of public transportation except in receptacles provided for the disposal of trash.

 

Notes

137	Added, 1981 Ordinances, p. 362.

§ 10-606. Penalties. 138

   (1)   Except as otherwise specifically provided, the penalty for violation of any provision of this Chapter is a fine not exceeding twenty-five dollars ($25), with the exception of any violation committed under the provision of Section 10-604 (Alcoholic Beverages), in which case the fine shall not exceed three hundred dollars ($300), together with imprisonment not exceeding 10 days if the fine, together with costs, is not paid within 10 days.

 

Notes

138	Amended, 1973 Ordinances, p. 899; amended, 1980 Ordinances, p. 806; amended, Bill No. 050063-A (approved September 14, 2006).

§ 10-607. Discrimination Based on Economic Status. 139

   (1)   No person shall discriminate against any other person based on their economic status in the use and enjoyment of public property.

   (2)   Public Property is defined as property located in the City of Philadelphia, owned and operated by or on behalf of the City of Philadelphia and dedicated to public use without any admission price or fee.

 

Notes

139	Added, 1993 Ordinances, p. 568.

§ 10-608. Solicitation of Prostitution. 140

   (1)   Conduct involving violation of, solicitation to violate, attempt to violate 18 Pa. C.S. § 5902 is declared to be prohibited conduct, and any vehicle or a trailer or other load being towed by a vehicle ("load") that is used in the commission of the prohibited conduct is subject to impoundment and a three hundred dollar ($300) fine that must be paid prior to the release of the vehicle or load. All fines collected shall be used for the enforcement of this provision.

   (2)   Notice that a vehicle or load has been impounded under this Section shall be sent in accordance with the procedures set forth in Section 12-2405 of this Code. Recovery of impounded vehicles and loads shall proceed in accordance with Section 12-2406 of this Code, including the assessment of fees and charges for towing and storage as provided in Section 12-2406.1. Vehicles and loads not reclaimed may be auctioned in accordance with Section 12-2405.

   (3)   The Philadelphia Parking Authority shall be the towing and storage agent for vehicles and loads impounded pursuant to this Section, and it shall provide all notices and conduct necessary public auctions pursuant to Section 12-2405 of this Code. The proceeds of such auctions shall be applied to the payment of fines for violation of this Section and fees and charges assessed for the towing and storage of the vehicle or load.

 

Notes

140	Added, 1992 Ordinances, p. 866. Enrolled bill did not include Section number or Caption. Amended, Bill No. 040366 (approved June 21, 2004).

§ 10-609. Public Urination or Defecation. 141

   (1)   Definitions.

      (a)   Private Property Used to Accommodate the Public. Any building, structure, equipment or other thing, 142 including the land upon which it is situate, abutting premises that are used incidentally for the accommodation of the public, including the sidewalks and streets adjacent thereto.

      (b)   Public Right-of-Way. All public streets, parks, alleys, passageways, sidewalks, steps and other corridors through which vehicles or persons may travel, including motor vehicles parked within such right-of-way.

   (2)   Prohibited Conduct. It shall be unlawful for any person to urinate or defecate on any public right-of-way, underground platform or concourse, elevated platform serving public transportation facilities, underground or elevated passageways used by the public, railroad or railway passenger stations or platforms, or on the steps leading to any of them, or on any private property used to accommodate the public, or on any private property without the permission of the owner.

   (3)   Penalties.

      (a)   A violation of any provision of this Section shall be classified as a Class III offense and the penalty for such violation is a fine not exceeding the maximum fine for Class III offenses as set forth in Section 1-109. 143

      (b)   Notwithstanding the foregoing, any person to whom a ticket is issued may, within eight (8) days of receipt, pay fifty dollars ($50) in lieu of contesting the violation and in lieu of any other fines or penalties. 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.

   (4)   Enforcement.

      (a)   Any 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. Upon a finding of violation, the Bureau of Administrative Adjudication may issue an Order permitting the violator to perform appropriate community service in lieu of payment of any fine.

      (b)   No enforcement activity shall target homeless persons in a discriminatory manner.

 

Notes

141	Added, Bill No. 895-A (approved February 16, 1995), 1995 Ordinances, p. 74. Enrolled bill numbered this as Section 10-608; renumbered by Code editor.
142	Enrolled Bill No. 895-A erroneously read "other living thing". Compare subsection 10-603(1)(b). Corrected, Bill No. 070697 (approved November 15, 2007).
143	Amended, Bill No. 070697 (approved November 15, 2007).

§ 10-610. Skateboarding, Rollerblading and Bicycling on Public Property. 144

   (1)   No person shall use a skateboard on public property unless use of a skateboard on such property is authorized by regulation, ordinance or statute, or is otherwise authorized by the governmental agency, department or commission responsible for such property.

      (a)   "Public Property" does not include public roads, highways, bicycle and/or skateboard paths, or sidewalks abutting private property. "Public Property" also shall not include Recreation Department facilities, which facilities shall be subject to the rules and regulations of the Recreation Department.

      (b)   "Public Property" includes, but is not limited to:

         (.a)   The area bounded by Arch street, Fifteenth street, Broad street, and John F. Kennedy boulevard (the Municipal Services Building plaza and sidewalks).

         (.b)   The area bounded by John F. Kennedy boulevard, Fifteenth street, South Penn square, and Juniper street (City Hall, Dilworth Plaza, and surrounding sidewalks).

         (.c)   The area bounded by Arch street, Sixteenth street, John F. Kennedy boulevard, and Fifteenth street (Love Park and surrounding sidewalks).

   (2)   No person shall use a skateboard, rollerblades or a bicycle on portions of private property, including but not limited to outdoor plazas, that are dedicated to use by the general public, where the owner of such private property has posted a notice indicating that such activity is prohibited on that property pursuant to The Philadelphia Code and that violation of the prohibition may lead to confiscation and forfeiture of skateboards, rollerblades and bicycles used on the property.

   (3)   With respect to 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, no person shall, while using a skateboard, rollerblades, or a bicycle, intentionally cause such skateboard, rollerblades, or a bicycle to come into contact with any such outdoor public artwork or memorial, or any base, sub-base, or other supporting structure thereof. The prohibition set forth by this subsection (3) shall be subject to the following:

      (a)   It shall not be a violation of this subsection for a person to cause a skateboard, rollerblade, or bicycle to come into contact with any placard or memorial embedded in, and flush with, the public sidewalk.

      (b)   No penalty shall be imposed pursuant to subsection (5)(b), or ticket issued pursuant to subsection (6)(e), for a violation of this subsection, unless notice has been posted at the location of the violation indicating that such activity is prohibited pursuant to The Philadelphia Code.

   (4)   The parent of any child under the age of eighteen (18) years who violates this Section shall also be in violation of this Section.

   (5)   Penalties.

      (a)   The penalty for a violation of subsection (1) or (2) shall be a civil penalty of three hundred dollars ($300), provided that the total amount of such civil penalties assessed against a child and his or her parents shall not exceed a total of three hundred dollars ($300) based upon each violation by the child.

      (b)   The penalty for a violation of subsection (3) shall be a fine of one thousand dollars ($1,000); provided that, the total amount of fines for a violation of subsection (3) assessed against a child and his or her parents shall not exceed a total of one thousand dollars ($1,000) with respect to any single violation by the child.

      (c)   An additional penalty for a violation of this Section shall be forfeiture of any skateboard, rollerblade or bicycle used in violation of this Section, unless it is proven to the Court by a preponderance of the evidence that the defendant does not own the item and the owner did not or could not have reasonably known that the item would be used in violation of this Section. Further the total amount of any penalty assessed for each violation, taking into account the value of both the fine and forfeiture, shall not exceed three hundred dollars ($300) with respect to a violation of subsection (1) or (2), and one thousand dollars ($1,000) with respect to a violation of subsection (3).

   (6)   Enforcement.

      (a)   Whenever a police officer has probable cause to believe a skateboard, rollerblade or bicycle was used or is being used in violation of this Section the officer may seize the item.

      (b)   Any person authorized to enforce ordinances may issue a ticket to any person in violation of this Section.

      (c)   With respect to violations of subsection (1) or (2), a ticket shall be issued pursuant to the procedures set forth in Section 10-1606, and 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. Notwithstanding the foregoing, any person to whom a ticket is issued for a violation of subsection (1) or (2) may, within eight (8) days of receipt, pay seventy-five dollars ($75) 145 in lieu of contesting the violation and in lieu of any other fines or penalties. Such 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.

      (d)   The removal of any notice posted pursuant to subsection (2) or (3) by anyone other than the owner, or agent of the owner, of the posted property, or an authorized City official, or agent of such official, shall constitute a separate violation of such subsection.

      (e)   With respect to violations of subsection (3), a ticket shall be issued pursuant to the procedures set forth in Section 1-112, except that the amount to be remitted pursuant to subsection 1-112(3) in response to a notice of violation shall be three hundred dollars ($300).

      (f)   Upon timely payment under subsection (6)(c) or (e), the Police Department shall make any item seized under this Section available for return to the offender, pursuant to the procedures established by the Police Department.

 

Notes

144	Added, Bill No. 959-A (approved February 16, 1995), 1995 Ordinances, p. 77. Code Section and cross-references renumbered by Code editor to avoid duplication. See note to Section 10-609. Amended, Bill No. 000147 (approved October 4, 2000); amended Bill No. 030245 (approved July 31, 2003); amended, Bill No. 120534-A (approved January 23, 2013).
145	Enrolled Bill No. 120534-A read "...pay seventy-five ($75)...."