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(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. |
(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). |
(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.
(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 | |
143 | Amended, Bill No. 070697 (approved November 15, 2007). |
(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.
(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)...." |
(1) Scope. The provisions of this Section shall apply as follows:
(a) The following provisions shall apply city-wide: subsections (2)(a), relating to parking a motorized vehicle on the sidewalk; (2)(b), relating to gambling on the sidewalk; (2)(f), relating to unlicensed sale of goods or services on the sidewalk; (2)(i), relating to the sale of goods or services, or solicitation of funds, on the highway; (2)(j), relating to displaying for sale objectionable material; (2)(l), relating to unreasonable obstructions on the sidewalk; (5)(a), relating to honor boxes on the sidewalk without a permit; (5)(b), relating to littering on the sidewalk; (5)(c), relating to excessive noise on the sidewalk; (6)(a), relating to owner/occupier of private property keeping the sidewalk clear of litter and obstructions; and (6)(b), relating to owner/occupier of private property keeping the sidewalk in good repair.
(b) The following provisions shall apply only in the zones designated by Council: (2)(c), relating to riding a bicycle on the sidewalk; (2)(d), relating to riding a scooter, roller skates or skateboard on the sidewalk; (2)(e), relating to loading or unloading a commercial vehicle on the sidewalk; (2)(g), relating to lying on the sidewalk; (2)(h), relating to sitting on the sidewalk; (2)(k), relating to unlicensed placement of any bench, planter, fixture or street furniture on the sidewalk; (2)(m), relating to unattended belongings on the sidewalk; (2)(n), relating to unrestrained animals on the sidewalk; (4)(a), (b) and (c), relating to aggressive solicitation; and (6)(c), relating to owner of take-out restaurants care of trash receptacles on the sidewalk. 147
(c) The provisions identified in subsection (b) above shall apply in the following designated zones only:
(.1) The area bounded by the north side of Vine street on the north, the west side of Broad street on the east, the south side of Lombard street on the south, and the Schuylkill River on the west.
(.2) Broad street, from the south side of City Hall-South to the Philadelphia Naval Business Center.
(.3) South street, from the west side of Broad street to the Schuylkill River.
(.4) Washington avenue, from the west side of Broad street to Grays Ferry avenue.
(.5) Grays Ferry avenue, from Washington avenue to Forty-ninth street.
(.6) Woodland avenue from Fifty-eighth street to Seventy-fourth street.
(.7) Passyunk avenue, from Broad street to Sixty-third street.
(.8) Essington avenue, from Sixty-third street to the Bartram Avenue Airport District.
(.9) The First Councilmanic District.
(.10) The Sixth Councilmanic District.
(.11) The area bounded by the Schuylkill River on the east running west on Spring Garden street to Fortieth street, then south to Market street, then west to Fifty-second street, then south to Woodland avenue, then east to University avenue, then south to the Schuylkill River. 148
(.12) The Seventh Councilmanic District. 149
(.13) The Fourth Councilmanic District. 150
(2) Obstructing the Sidewalk Prohibited. No person shall:
(a) Park any motorized vehicle on the public sidewalk.
(b) Conduct any gambling or other games of chance on the public sidewalk.
(d) Ride a scooter, roller skates or skateboard on any public sidewalk.
(e) Obstruct the public sidewalk while loading or unloading a commercial or other vehicle, except as shall be necessary for the safe and expeditious loading or unloading of such vehicle.
(f) Sell or offer for sale any goods, wares or services on the public sidewalk, without a license from the Department of Licenses and Inspections pursuant to Chapter 9-200.
(g) Lie on the public sidewalk, or on any object placed on the public sidewalk.
(h) Sit on the public sidewalk, or on any object placed on the public sidewalk, for more than one hour in any two hour time period.
(i) Sell or offer for sale any goods, wares or services, or solicit funds for any purpose, in or on the public highway, except for licensed vendors.
(.1) If the Department of Licenses and Inspections determines, in its discretion, that particular locations or particular vending or solicitation activities do not present a safety hazard to either the vendor or solicitor or the public, the Department may issue regulations permitting such activities and/or activities at certain designated locations, subject to such restrictions as the Department deems necessary to protect the vendor or solicitor and the public from unnecessary hazards.
(j) Display for sale any objectionable material, as defined in Section 10-1301, if such objectionable material may be visible by pedestrians on or from the public sidewalk.
(k) Place or maintain any bench, planter, fixture or other street furniture on the public sidewalk without a permit from the Department of Licenses and Inspections.
(.1) The Department of Licenses and Inspections shall issue regulations setting forth the standards for such permit issuance, which standards shall insure that such street furniture does not obstruct the free passage of the sidewalks, and shall insure that such street furniture is maintained and situated in such manner as to promote a safe and attractive sidewalk environment. The permit requirement set forth in this subsection shall not become effective until such regulations are in effect.
(.2) Mechanical vending boxes for the distribution of newspapers or other printed material shall not be subject to the provisions of this subsection.
(l) Sit, stand, lie or otherwise use the public sidewalk, or place one's belongings or other objects upon the public sidewalk, in such manner as to unreasonably and significantly impede or obstruct the free passage of pedestrians.
(m) Allow his or her belongings or other objects to remain unattended on the public sidewalk for more than fifteen minutes.
(n) Allow any dogs, guard cats, pigs or snakes on the public sidewalk unless properly restrained by leash or, in the case of snakes, in a cage.
(.1) Any animal with a known vicious propensity shall be muzzled.
(3) Exceptions.
(a) The prohibitions set forth in subsections (2)(g) and (2)(h), relating to sitting or lying, shall not apply to any person sitting or lying due to a medical emergency.
(b) The prohibitions set forth in subsection (2)(h), relating to sitting, shall not apply to any person:
(.1) Who requires the use of a wheelchair or other similar device to move about the sidewalk.
(.2) Operating or patronizing a commercial establishment properly licensed for business on the public sidewalk.
(.3) Participating in or attending a properly permitted parade, procession or assemblage under Section 12-1109.
(.4) Sitting on a chair or bench supplied by a public agency, for a period not to exceed six hours in any twenty-four hour period.
(.5) Sitting on a chair supplied by the abutting property owner.
(.6) Sitting within a transit stop, waiting for public or private transportation.
(c) The prohibitions set forth in subsections (2)(c) and (d), relating to bicycles, scooters, roller skates and skateboards, shall not apply to any person under the age of twelve (12). Nor shall it apply to any person on inline skates who is (a) conducting patrol under a Town Watch program coordinated with the Police Department; (b) participating in an International Inline Skating Association sanctioned event; or (c) skating in a controlled manner on the public sidewalk so as to fit in with the flow of pedestrians.
(a) Solicit money for any purpose on the public sidewalk in an aggressive manner, or accompanied by conduct, including but not limited to repeated begging, insistent panhandling, retaliatory comments, blockage of free passage of a pedestrian, touching or yelling at a pedestrian, confrontation or intimidation, which is likely to cause a reasonable person to fear bodily harm to oneself or another, or damage to or loss of property.
(b) Solicit money for any purpose on the public sidewalk in any manner, within an eight foot (8') radius of any building entrance, or within an eight foot (8') radius of any vending cart.
(c) Solicit money for any purpose on the public sidewalk in any manner, within a twenty foot (20') radius of any bank entrance or any automatic teller machine.
(5) Cluttering the Sidewalk Prohibited. No person shall:
(a) Place or maintain any newspaper or other mechanical vending box on the public sidewalk without a permit from the Department of Licenses and Inspections.
(.1) The Department of Licenses and Inspections shall issue regulations setting forth the standards for such permit issuance, which standards shall insure that such boxes do not obstruct the free passage of the sidewalks, and shall insure that such boxes are maintained and situated in such manner as to promote a safe and attractive sidewalk environment. The permit requirement set forth in this subsection shall not become effective until such regulations are in effect and in no event before January 1, 1999. If City Council should enact another ordinance regulating the placement and maintenance of such boxes on the public sidewalk, such ordinance shall supersede the requirements of this subsection (a).
(b) Place any litter on the public sidewalk, as set forth in Chapter 10-700.
(c) Produce or allow the discharge of excessive noise, from whatever source, on the public sidewalk, as set forth in Chapter 10-400.
(6) Maintenance of the Sidewalk by Private Property Owners.
(b) The owner of any private property shall keep the abutting public sidewalk in good repair, at the owner's expense.
(c) The owner of any business, a substantial portion of which business's revenues derive from take-out food or beverages, shall place, maintain and keep clean private trash receptacles on the public sidewalk at all public entrances to such business.
(7) Enforcement.
(a) Except as set forth in subsection 10-611(7)(e), no law enforcement officer shall issue a notice of violation or take any coercive action against any person in violation of this Section, unless, prior to issuing such notice or taking such action, the officer or his or her designated representative: 153
(.1) With respect to violations of subsections (2)(g), (h), (l) or (m), relating to lying, sitting, obstructing, or leaving objects unattended, or (4)(b) or (c), relating to soliciting near a building entrance or bank, first issues an oral warning to the person or persons in violation, and then, if the person or persons refuse to comply after receiving an oral warning, issues a written warning to the person or persons in violation. The written warning shall be printed in English and Spanish. 154
(.2) With respect to violations of subsections (2)(g), (h), (l) or (m), or (4), attempts to ascertain whether the person is in need of medical assistance or social service assistance, including but not limited to mental health treatment, drug or alcohol rehabilitation, or homeless assistance services; and, if the officer determines that the person may be in need of social service assistance, the officer contacts an Outreach Team, who shall come to the officer's location, evaluate the person's needs, and together with the officer take all reasonable steps toward directing the person to the appropriate service provider, including but not limited to offering transportation to such provider. If the officer's reasonable efforts to direct the person to needed social services are unsuccessful, the officer may issue a notice of violation or take appropriate coercive action, after the required notice is given, subject to compliance with subsections (.a), (.b) and (.c), below.
(.a) In attempting to ascertain whether social service assistance is needed, the officer or his or her designated representative shall:
(i) Whenever the officer has reason to believe the person may be in need of social service assistance, call upon an Outreach Team to evaluate the person's needs.
(ii) Shall not take any coercive action, including but not limited to compelling a person to reveal any confidential information concerning treatment or mental health status.
(.b) No law enforcement officer shall attempt to forcibly remove any person from the public sidewalk for violation of subsections (2)(g), (h), (l) or (m), or (4) without the presence of an Outreach Team, whenever the officer determines that the person may be in need of mental health or other social service assistance, and without first making all reasonable efforts to place the person voluntarily in an appropriate social service facility or treatment facility and the availability of an appropriate residential facility with appropriate treatment strategies for the client's needs.
(.c) If the law enforcement officer, in consultation with the Mental Health Officer, determines that the person, because of his or her mental health status or otherwise, presents a danger to himself or herself or to others, the law enforcement officer shall take such steps as are authorized under the Mental Health Procedures Act, Act of July 9, 1976, P.L. 817, as amended, including, if necessary, the initiation of involuntary commitment proceedings.
(b) The Police Department shall take all necessary and appropriate steps to insure that law enforcement officers who are likely to come into contact with persons in violation of subsections (2)(b), (g), (h), (l) or (m), or (4) shall receive all appropriate training in approaching, investigating and assisting persons in need of mental health treatment or other social service assistance.
(c) Violations of subsection (2)(a), relating to parking vehicles on the sidewalk, shall be enforced in accordance with the provisions set forth in Chapter 12-2800.
(d) For purposes of this Section, an Outreach Team shall mean a group of mental health or drug and alcohol counselors authorized and designated by the Department of Public Health to provide access to residential treatment for homeless persons with mental health diagnoses and/or drug and alcohol complications.
(8) Penalties. A person found in violation of this Section shall be subject to penalty, as follows:
(a) For a violation of subsections (2)(a), relating to parking a motorized vehicle on the sidewalk; (2)(b), relating to gambling on the sidewalk; (2)(g), relating to lying on the sidewalk; (2)(d), relating to riding a scooter, roller skates or skateboard on the sidewalk; (2)(h), relating to sitting 156 on the sidewalk; (2)(l), relating to unreasonable obstructions on the sidewalk; and (2)(m), relating to unattended belongings on the sidewalk, a fine of twenty dollars ($20). 157
(b) For a violation of subsections (4)(a), (b) and (c), relating to aggressive solicitation, a fine of not more than one hundred dollars ($100).
(c) For a violation of subsections (2)(i), relating to the sale of goods or services, or solicitation of funds, on the highway; (2)(j), relating to displaying for sale objectionable material; (2)(n), relating to unrestrained animals on the sidewalk; (5)(b), relating to littering on the sidewalk; (6)(a), relating to owner/occupier of private property keeping the sidewalk clear of litter and obstructions; and (6)(c), relating to owner of take-out restaurants care of trash receptacles on the sidewalk, a minimum fine of one hundred dollars ($100) and no more than three hundred dollars ($300).
(d) For a violation of subsections (2)(e), relating to loading or unloading a commercial vehicle on the sidewalk; (2)(f), relating to unlicensed sale of goods or services on the sidewalk; (2)(k), relating to unlicensed placement of any bench, planter, fixture or street furniture on the sidewalk; (5)(a), relating to honor boxes on the sidewalk without a permit; and (6)(b), relating to owner/occupier of private property keeping the sidewalk in good repair, a fine of not more than three hundred dollars ($300). 158
(e) For a violation of subsection (5)(c), relating to excessive noise on the sidewalk, fines as follows:
(.1) for the first violation, a fine of not less than twenty-five dollars ($25) and not more than three hundred dollars ($300);
(.2) for the second violation, a fine of not less than one hundred dollars ($100) and not more than three hundred dollars ($300); and
(.3) for the third and subsequent violations, fines of not less than three hundred dollars ($300).
(f) Each day a violation of this Section continues shall constitute a separate violation.
(g) In all cases, the court, in its discretion, may suspend the fine upon agreement by the offender to perform such community service or to participate in such social service assistance program or rehabilitation program as the City recommends and the court deems appropriate. No person shall be imprisoned for violating this Section or for failing to pay a fine for violating this Section.
(9) Notwithstanding anything to the contrary in this Section, nothing in this Section shall apply in the Third Councilmanic District, except for the area bounded by the Schuylkill River on the East running West on Spring Garden street to Fortieth street, then South to Market street, then West to Fifty-second street, then South to Woodland avenue, then East to University avenue, then South to the Schuylkill River, which area shall be subject to all provisions of this Section, including, but not limited to, subsection 10-611(1)(a), relating to provisions applying citywide, and subsection 10-611(1)(b), relating to provisions applying in designated zones. 161
Notes
146 | Added, Bill No. 970817 (approved September 15, 1998). See Section 1 of Bill No. 970817 for City Council's findings regarding this Section. Section 3 of Bill No. 970817 states that the Ordinance shall be effective immediately upon enactment, except that the provisions of subsections 10-611(2)(g), (2)(h), (4)(a), (4)(b), and (4)(c) shall be effective 120 days after enactment. |
147 | Amended, Bill No. 980621 (approved December 30, 1998). |
148 | Added, Bill No. 980641 (approved December 30, 1998). Section 2 of Bill No. 980641 states that the Ordinance shall be effective immediately upon enactment, except that the provisions of subsections 10-611(2)(g), (2)(h), (4)(a), (4)(b), and (4)(c) shall be effective in the areas identified in subsection 10-611(1)(c)(.11) at the same time that they are effective in the areas identified in subsections 10-611(1)(c)(.1) through (.10). |
149 | Added, Bill No. 980685 (approved December 30, 1998). |
150 | Added, Bill No. 070341 (approved September 20, 2007). |
151 | Amended, Bill No. 090444 (approved June 24, 2009). |
152 | Former subsection (d) deleted, Bill No. 980621 (approved December 30, 1998). |
153 | Amended, Bill No. 110386-A (approved August 9, 2011). |
154 | Amended, Bill No. 980621 (approved December 30, 1998). Enrolled bill erroneously read "...or (4)(b)(c) or, relating to soliciting near a building entrance or bank or distributing handbills, first...." The provision regarding distributing handbills was repealed by the bill. |
155 | Added, Bill No. 110386-A (approved August 9, 2011). |
156 | Enrolled bill read "siting". Bill No. 970817 (approved September 15, 1998). |
157 | Amended, Bill No. 090444 (approved June 24, 2009). |
158 | Amended, Bill No. 980621 (approved December 30, 1998). |
159 | Amended, Bill No. 000021 (approved May 31, 2000). |
160 | Added, Bill No. 090444 (approved June 24, 2009). |
161 | Amended, Bill No. 980641 (approved December 30, 1998). |
(1) No person shall gamble or set up, establish or conduct a gambling operation on any street, sidewalk alleyway, passageway, or other public right-of-way, or on any property owned by the City or other public agency. For purposes of this Section, to "gamble" shall include, but not be limited to, playing for money (or any other thing of value) any of the following: "three card monte", blackjack, spades, or other card game; and craps or other dice game; causing or attempting to cause dogfights (for financial gain or profit).
(2) No person shall attempt to gamble, incite others to gamble, or attempt to set up, establish or conduct a gambling operation on any street, sidewalk, alleyway, passageway, or other public right-of-way, or on any property owned by the City or other public agency.
(a) The penalty for a violation of this Section shall be a fine not exceeding three hundred dollars ($300) except for violations regulated by subsection (b).
(b) Any person violating this Section in a playground owned or controlled by the City 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) 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. Repeat offenders of subsection (b) shall be subject to the fines set forth in subsection 1-109(3), 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.
(d) Notwithstanding the foregoing, any person authorized to enforce ordinances may, at their discretion, seize any monies, in plain sight and identifiable as a profit of the gambling, at the time of the violation. Such monies, not exceeding three hundred dollars ($300), shall be forfeited, except that for violations of subsection (b), such monies, not exceeding the fines set forth under subsection 1-109(3), shall be forfeited. Any monies seized shall be processed and directed to the Director of Finance and the Bureau of Administrative Adjudication pursuant to Section 10-1604.
Notes
162 | Added, Bill No. 000021 (approved May 31, 2000). |
163 | Amended, Bill No. 070272 (approved September 20, 2007). |
(1) No person shall, with the specific intent to intimidate or threaten another person, or with the specific intent to hide one’s identity during the commission of unlawful activity, wear a mask, hood, ski mask, balaclava, or other device or means of hiding, concealing, or covering any portion of the face for the purpose of concealing their identity on public property or private property in this City without the express written permission of the owner or occupier of the property.
(2) This Section shall not be construed to punish constitutionally protected speech.
(3) A person who violates subsection (1) of this Section shall be subject to a fine not less than two thousand dollars ($2,000).
(4) No person shall wear a ski mask or balaclava in any school building, recreation center, daycare, park, City-owned building, or on any mode of public transportation, including, but not limited to, buses, trains, trolleys, and subways. For purposes of this Section, a “ski mask or balaclava” means a close-fitting garment covering the whole head and face, with holes for the eyes, mouth, or nose, or any combination of the three.
(5) The provisions of subsection 10-613(4) shall not be construed to apply to any person who wears a ski mask or balaclava while:
(a) Wearing a traditional holiday costume;
(b) Worn for a religious purpose;
(c) Engaged in a trade or employment where they are worn for the purpose of ensuring the physical safety of the wearer;
(d) In a theatrical production;
(e) Protecting the wearer from the elements while participating in a winter sport; or
(f) Lawfully engaged in First Amendment activities.
(6) Any person who wears a ski mask or balaclava in violation of subsection (4) of this Section, where such violation is not otherwise covered by subsection (1) of this Section, shall be fined two hundred fifty dollars ($250).
(7) If a court of competent jurisdiction declares any part of this Section to be invalid, such judgment shall not affect the validity of this Section as a whole or any remaining part thereof. It is the intention of City Council that the remaining provisions of this Section would have been adopted as if such part found to be invalid had not been enacted.
Notes
164 |
(1) Definitions.
(a) Electronic smoking device means an electronic device that delivers nicotine or other substances via vapor for inhalation. The term includes e-cigarettes, e-cigars, e-pipes and any other such products; and includes all component parts, such as e-cigarette batteries, atomizers, vaporizers, replacement cartridges and any solution manufactured for use with such a device. It does not include any product approved or certified for sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medical purposes. It may also be referred to in this Section 10-614 as "e-cigarette".
(b) Specialty e-cigarette establishment. An establishment which derives fifty percent (50%) or more of its gross annual revenue from the sale of e-cigarettes and related products, including e-cigarette atomizers, vaporizers, batteries, replacement cartridges and any solution manufactured for use with such devices; or, with respect to such establishments that have been open for less than one full year, on such other basis as the Department of Licenses and Inspections shall by regulation provide.
(2) Prohibition on Use.
(a) No person shall use an electronic smoking device:
(.1) In any Enclosed Area within a public place or other space that is listed in subsections 10-602(3)(a)(.1) - (.6) of this Code;
(.2) Outdoors within twenty (20) feet of any entrance to an Enclosed Area in which use of an e-cigarette is prohibited under this Section; or
(.3) At any sidewalk café, or any outdoor deck, patio or other outdoor service area which is part of a Food or Beverage Establishment.
(.1) Any sleeping quarters within a Lodging Establishment in which smoking is permitted pursuant to subsection 10-602(3)(b)(.3) of this Code;
(.2) Any Specialty e-cigarette establishment; and
(.3) Any Tobacco Products Distribution Business.
(c) Minors. 168 Any establishment excepted from the provisions of subsection 10-614(2)(a) shall not permit minors to enter or remain on the premises. This restriction shall not apply to sleeping quarters and shall apply regardless of whether or not smoking or e-cigarette use is occurring at the time.
(3) Prohibitions in the Workplace.
(a) Any employer with a Workplace that is subject to the provisions of subsection 10-602(3)(a) within the City shall promptly adopt, implement, and maintain a written policy that prohibits use of e-cigarettes within any workplace.
(b) An employer's written policy prohibiting use of e-cigarettes shall be communicated to all employees within thirty days after its adoption, and an employer shall provide a copy of the written policy upon request to any employee or prospective employee.
(a) The owner, operator, manager, employer or other person in control in every place where e-cigarette use is regulated by this Section shall take the following actions, and shall not be cited for any violations of this Section if all such actions are taken:
(.1) Post signs prohibiting e-cigarette use, separately or together with signs prohibiting smoking, on the premises in compliance with regulations to be promulgated by the Health Department, prominently at each entrance and elsewhere as specified by regulation. Board of Health regulations may require the display of evidence-based signs informing of the health risks associated with the use of e-hookah or other similar products if the Board of Health identifies a product-specific knowledge deficit among users. The requirement to post any such product-specific signs shall be limited by regulation to establishments at which the product may be used pursuant to an exception to subsection 10-614(2)(a).
(.2) Display an evidence-based health informational message in accordance with regulations promulgated by the Board of Health on any menu or menu board on which e-hookah, or other similar product if the Board of Health identifies a product-specific health knowledge deficit among users, appears as a menu item.
(.3) Any establishment subject to the restriction of subsection 10-614(2)(c) shall display a sign at least 8.5" x 11" prominently at each entrance and in each room or area where e-cigarette use is at any time permitted reading as follows in a clear, legible font with all letters at least 1/2 inch high: "THIS ESTABLISHMENT HAS AN EXCEPTION TO THE CITY'S SMOKE-FREE LAW. YOU MUST BE 18 OR OLDER TO ENTER DUE TO THE HEALTH RISKS OF SECONDHAND E-CIGARETTE VAPOR EXPOSURE." If such an establishment elects to relinquish the benefit of exception from 10-614(2)(a) by written application to the Health Department, the requirement of this subsection (.3) shall no longer apply upon receipt of confirmation of such relinquishment from the Health Department. Ongoing compliance with subsection 10-602(5)(a)(.3) shall satisfy the requirement of this subsection (.3).
(.4) Take reasonable additional measures to see to it that no person uses e-cigarettes in such place in violation of this Section and, in the case of an establishment subject to the restriction of subsection 10-614(2)(c), that minors neither enter nor remain on the premises.
(a) This Section shall be enforced by the Health Department, its duly authorized employees, or any other person authorized by the Managing Director to enforce this Section. Notices of violation issued pursuant to this Section shall be issued in accordance with Section 1-112.
(b) Any person who violates this Section shall be subject to a fine of three hundred dollars ($300) for each violation.
(c) Nothing in this Section shall be construed to create any private right of action for enforcement of its provisions or to authorize any person to file suit to recover damages or seek equitable relief for any violation of this Section.
Notes
165 | Added, Bill No. 140095 (approved April 9, 2014), effective July 1, 2014. |
166 | |
167 | |
168 | Added, Bill No. 200115 (approved December 1, 2020). |
169 | Enrolled bill numbered this as subsection (5); renumbered by Code editor. Amended, Bill No. 200115 (approved December 1, 2020). |
170 | Enrolled bill numbered this as subsection (6); renumbered by Code editor. |
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