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(1) Definitions. In this Section, the following definitions shall apply:
(a) Construction dumpster. As defined under Section 11-610.
(b) Department. The Department of Licenses and Inspections.
(c) Dumpster. 217 Any container for refuse or recyclable materials, whether located on private property or in the public right-of-way, that is serviced by a Provider and designed for repeated reuse. Does not include a container serviced by the City of Philadelphia or a construction dumpster.
(.1) Dumpster on Private Property. A dumpster stored indoors or outdoors on private property that may cross the public right-of-way for pick-up but may not be stored there for pick-up or any other purpose for any period of time.
(.2) Dumpster in the Public Right-of-Way. A dumpster placed or stored in the public right-of-way.
(d) Licensee. A person licensed under this Section to make use of a dumpster to store refuse or recyclable materials generated at property under his or her control.
(e) Provider. A business that services a dumpster.
(a) No person shall make use of any dumpster to store refuse or recyclable materials unless such dumpster is licensed under this Section.
(b) No person shall place a dumpster in service at any location unless there is a validly issued medallion affixed to the dumpster.
(c) No dumpster shall be placed in a location other than as authorized by the license for such dumpster.
(d) No license shall be issued for a dumpster in the public right-of-way at any of the following locations:
(.1) Within a CA-2, Auto-Oriented Commercial District, as defined in subsection 14-402(1)(c)(.7).
(.2) At any location the Streets Department determines will unduly interfere with the public right-of- way.
(.3) At any location within the boundaries of Bainbridge Street, Spring Garden Street, the Delaware River and the Schuylkill River where a licensed dumpster was not located before September 7, 2016. 219
(a) Application for a dumpster license shall be made by a person who proposes to make use of a dumpster to store refuse or recyclable materials. Application shall be made on a form provided by the Department, which application shall include:
(.1) The name and address of the applicant, and the name and address of the business that will be making use of the dumpster, if different from the applicant;
(.2) The proposed location of the dumpster;
(.3) The name and address of a business licensed under Section 9-604 that will be servicing the dumpster;
(.4) If the application is for a license for a dumpster that is to be placed in the public right-of-way, documentation of what alternative methods of refuse storage were considered prior to the applicant seeking the license;
(.5) Identification of whether the dumpster is to be used to store refuse or recyclable materials; and
(.6) Such other information as the Department may require.
(b) The Department shall issue the license if all requirements of this Section are met, and, if the application is for a dumpster in the public right-of-way, the Streets Department advises the Department that it approves of the proposed location of the dumpster.
(c) The Department, upon issuing the license, shall also issue to the licensee (or, if the licensee requests, and the provider agrees, to the provider) a medallion that uses UHF radio frequency technology, or such other technology approved by the Department by regulation, to electronically transmit: (1) the license number; (2) the name and telephone number of the licensee; (3) the name and telephone number of the provider; (4) the approved location of the dumpster; and (5) such other information as the Department requires.
(d) License and Medallion Fees.
(.1) For a dumpster on private property not placed in the public right-of-way, there shall be a one time license fee in the amount of (i) eighty dollars ($80) for a dumpster with a capacity less than one (1) cubic yard; and (ii) one hundred fifty dollars ($150) for a dumpster with a capacity of one (1) cubic yard or greater; provided that the fee for a dumpster for which a provider has agreed to provide recycling service, rather than regular refuse disposal service, and which is used for such purpose, shall be fifty percent (50%) of the regular dumpster fee.
(.2) For a dumpster in the public right-of-way, the annual license fee shall be: two hundred dollars ($200) for a dumpster with a capacity of less than one (1) cubic yard; and five hundred dollars ($500) for a dumpster with a capacity of one (1) cubic yard or greater; provided that the fee for a dumpster for which a provider has agreed to provide recycling service, rather than regular refuse disposal service, and which is used for such purpose, shall be fifty percent (50%) of the regular dumpster fee.
(.3) Medallions issued to replace a lost medallion or a medallion that has ceased to function shall be issued at a fee, as determined by the Department by regulation, necessary to compensate the Department for the cost of producing and issuing the replacement medallion.
(.4) The Department of Licenses and Inspections may by regulation revise the license fee amounts of this subsection (3)(d) to cover costs of program administration, provided that no fee shall be increased to an amount higher than the fee as it existed on July 1, 2017, multiplied by the CPI Multiplier, as defined in Section 9-102 of the Code. 220.1
(e) Licensees shall be ineligible for renewal of a dumpster license, and shall be subject to license revocation, if such licensee has been ordered to pay a fine or fines in an amount of three hundred dollars ($300) or more and such fine remains unpaid more than 10 days after all appeals from such order have been exhausted.
(a) Licensees shall use dumpsters in compliance with all applicable provisions of Section 10-724 ("Commercial Sector Waste Management and Recycling") and all other laws relating to recycling. No licensee shall place, or allow to be placed, any refuse in a dumpster licensed as a recycling dumpster other than materials designated by the provider as recyclable.
(b) No dumpster shall be used if a medallion is not properly affixed or if the licensee knows that the medallion is not operational. The licensee shall obtain a replacement medallion for a non-working medallion, which shall be affixed to the dumpster, before the dumpster is put back into use.
(c) Dumpster Maintenance.
(.2) Licensees shall keep dumpster lids tightly secured except when in use, or when the dumpster must be open to accommodate a trash chute, and shall keep the area around the dumpster clean and free of any refuse, non-grindable garbage, spillage or overflow.
(d) Grindable and Non-Grindable Garbage.
(.1) Licensee shall not mix grindable garbage with rubbish. Licensee shall dispose of grindable garbage in garbage disposal units or arrange for private collection of grindable garbage for composting, anaerobic digestion, or use as farm livestock feed. This subsection shall not apply to multi-family residential licensees.
(.2) Licensees may mix non-grindable garbage with rubbish provided all garbage is placed in bags designed to hold garbage without leaking or in other sealable containers designed to hold garbage before placing it in a dumpster.
(.3) For the purposes of licensing, dumpsters or other containers used solely for private collection of garbage for composting or used as farm livestock feed shall be considered recycling dumpsters.
(e) Collection.
(.1) Licensees shall arrange to have a dumpster emptied at least once every week unless it contains garbage, in which case the dumpster shall be emptied twice a week or more often if required by the Department or by order of the Health, Fire, Police, or Streets Departments.
(.2) Aerated dumpsters specifically designed to prevent odors resulting from the anaerobic decomposition of food waste shall be emptied within 24 hours of being full or more often if required by the Department or by order of the Public Health, Fire, Police or Streets Departments.
(.3) Compacting dumpster not containing garbage shall be emptied within 24 hours of being filled to its maximum capacity or more often if required by the Department or by order of the Health, Fire, Police, or Streets Departments.
(5) Duties of Providers.
(a) A provider may only service a dumpster or place a dumpster in service if the dumpster is (i) licensed and (ii) has a validly issued medallion affixed to it;
(b) After servicing a dumpster, the provider shall see to it that:
(.1) The lid is left securely closed;
(.2) The drainage hole, if any, is left securely plugged; and
(.3) The medallion remains affixed to the dumpster.
(c) No provider shall service a dumpster licensed for storage of recyclable materials that is used to store non-recyclable refuse.
(d) A provider shall notify a licensee in writing within 24 hours of changing a dumpster. 223
(6) Joint Duties of Licensees and Providers. A licensee and a provider shall each be responsible for the following:
(a) All dumpsters shall:
(.1) be kept in good repair, free of offensive odors, and clean;
(.2) be constructed of fire resistive metal, except that a dumpster with a capacity of less than one-half cubic yard may be constructed of plastic if it complies with any and all specifications adopted by the Department by regulation, and except that the lid of any dumpster may be plastic;
(.3) have a lid which is securely attached to the body of the dumpster and that when closed forms a secure seal;
(.4) have no holes in the bottom except for a drainage hole, which shall be equipped with a secure plug;
(.5) if painted, have paint that is kept in good condition; and
(.6) be kept free of graffiti. 224
(b) All dumpsters shall be cleaned and sanitized at least once every six (6) months, or more often if either the Department or the Public Health, Fire, Police, or Streets Department orders, at a location approved by the Streets Department. 225
(c) For a dumpster in the public right-of-way, a bond or other specified security shall be posted in such type and amount as may be required by regulation of the Streets Department to ensure compliance with the requirements of this Section. 226
(d) No dumpster shall be serviced between the hours of 9:00 p.m. and 7:00 a.m.
(.1) In addition to the prohibited hours set forth in subsection (d), no licensee shall permit a dumpster on City avenue, from Forty-seventh street to Belmont avenue, east side, to be serviced between 8:00 p.m. and 9:00 p.m. or between 7:00 a.m. and 8:00 a.m. without the prior written permission of the Department of Streets, which shall grant such permission only if there is strong evidence that traffic or other right-of-way considerations require collection during those prohibited hours.
(e) The absence of a medallion on a dumpster, or significant damage to a medallion suggesting the medallion is inoperable, shall be reported to the Department of Streets.
(7) Enforcement.
(b) The Department of Streets is authorized to adopt regulations concerning enforcement of the joint duties set forth in subsection (6).
(8) Limits on Private Refuse Collection Using Bags.
(a) The Department of Streets may by regulation establish limits on the private collection of refuse and recycling materials by the set out of bags not placed in a dumpster.
Notes
| 216 | Added, 1989 Ordinances, p. 810; repealed and replaced by Bill No. 090123-AAA (approved October 21, 2009). |
| 217 | Amended, Bill No. 130016 (approved September 6, 2013). |
| 218 | |
| 219 | Added, Bill No. 160719 (approved November 1, 2016). |
| 220 | Amended, Bill No. 130016 (approved September 6, 2013). |
| 220.1 | Added, Bill No. 240430 (approved January 15, 2025). |
| 221 | |
| 222 | Amended, Bill No. 180348 (approved July 18, 2018). |
| 223 | Added, Bill No. 140903 (approved March 4, 2015). |
| 224 | Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015. |
| 225 | Amended, Bill No. 130016 (approved September 6, 2013). |
| 226 | Amended, Bill No. 130016 (approved September 6, 2013). |
§ 10-723. Distribution of Commercial and Non-Commercial Handbills on Sidewalks, Streets, and Private Property. 227
(1) Legislative Findings. The Council of the City of Philadelphia finds:
(a) The distribution of commercial handbills and non-commercial handbills in the City of Philadelphia causes the streets, sidewalks and private property to be littered and unsightly, and causes sewer mains and culverts to become clogged and unsanitary, thereby creating an unsanitary condition which is detrimental to the good health of the community; and
(b) A large part of the commercial handbills and non-commercial handbills distributed are immediately thrown upon the streets and sidewalks, thereby rendering them unsafe to the traveling public and causing a public nuisance; and
(c) Commercial handbills account for a substantial portion of the City's litter and Distributors should share the responsibility of keeping the City clean; and
(d) Enforcement personnel are often confronted with nuisance causing or unlawfully disposed commercial handbills on streets, property and landscapes, but have no means for identifying the Distributor thereof; and
(e) A registration and license requirement for Distributors of commercial handbills would ensure proper enforcement of Sections 10-723, 10-723.1, 10-723.2 of the Code by providing the City with an address at which notice of any violation of the Chapter could be served, without infringing upon the Distributor's freedom of expression, as well as by providing a means for identifying violating Distributors.
(2) No distributor, distribution business or person shall distribute commercial handbills on any sidewalk or other public place, or by means of door-to-door distribution, unless a valid license is obtained from the Department of Licenses and Inspections. Notwithstanding the foregoing, if a distribution business or a distributor has obtained a valid license, then neither a person distributing commercial handbills on behalf of such distribution business or distributor, nor a distributor on whose behalf such a distribution business is distributing commercial handbills, need obtain a license.
(a) The Department of Licenses and Inspections shall immediately grant a Commercial Handbill Distributor's License upon the registration by the distributor or person engaged in the business of distributing commercial handbills, of its name, daytime phone number, business address and the payment of fifty dollar ($50) fee, or such other fee as may be established 228 by regulation, to cover the costs of program administration, provided that the fee shall not be increased to an amount higher than the fee as it existed on July 1, 2017, multiplied by the CPI Multiplier, as defined in Section 9-102 of the Code. 229
(b) It shall be the responsibility of the person to whom a valid Commercial Handbill Distributor's License is issued to report within five (5) working days any changes in the information provided to the Department when the license was originally issued.
(c) The Department of Licenses and Inspections may immediately revoke any issued Commercial Handbill Distributor's License only if the distributor to whom the license was granted commits or fails to take appropriate action to prevent a violation of any provision of this Chapter, including, but not limited to, Sections 10-723.1 and 10-723.2.
(d) The Department of Licenses and Inspections may assess a penalty, as provided in Sections 10-718 and 10-719, upon any Distributor, Distribution Business or other person who commits or fails to take appropriate action to prevent a violation of any provision of this Chapter, including, but not limited to, Sections 10-723.1 and 10-723.2.
(e) Each license shall be valid for a twelve (12) month period.
(f) Any license revocation shall be automatically stayed if a hearing before a Municipal Court Judge is requested. The stay shall remain in effect pending the disposition of the hearing. The accused shall have the right to be notified of the accusation. The defendant shall not have a right to a jury trial on the matter.
Notes
| 227 | Added, 1993 Ordinances, p. 1104. |
| 228 | Enrolled bill read "...as may established...." |
| 229 | Amended, Bill No. 170165 (approved April 4, 2017). |
(1) Every distributor, distribution business, or person who distributes or causes to be distributed commercial or non-commercial handbills upon any public place within the City, shall, at the end of the daily distribution, clear or cause to be cleared any discarded handbills within a one hundred foot radius of the location where the handbills were distributed. All discarded handbills shall be lawfully disposed. This subsection does not apply to door-to-door distribution.
(2) Any person distributing commercial handbills within the City shall, upon demand by any person authorized with the enforcement of this Chapter, as prescribed by Section 10-718, state or otherwise identify the Distributor for whom distribution is being made.
Notes
| 230 | Added, 1993 Ordinances, p. 1104. |
(1) No person applying for a Commercial Distributor's Handbill License shall:
(a) Knowingly provide false or misleading information on the commercial handbill distribution registration or any subsequent changes submitted thereto; or
(b) Violate any City or Commonwealth law, rule or regulation related to forgery, fraudulent practices or misrepresentation.
(2) No Distributor, Distribution Business or other person shall:
(a) Throw, scatter or cast any commercial handbill or non-commercial handbill in or upon any public place within the City, provided, however, that it shall not be unlawful to hand out or distribute any commercial or non-commercial handbill in any public place to any person willing to accept such handbill;
(b) Place any commercial handbill or non-commercial handbill in or upon private property except by handing or transmitting any such handbill directly to the occupant or depositing any such handbill on the premises in such a manner as to prevent it from being scattered by the elements. The Department of Licenses and Inspections shall issue interpretive regulations to aid in the enforcement of this subsection and shall not enforce this subsection 10-723.2(2)(b) until those regulations are in effect;
(c) Place or permit a commercial or non-commercial handbill to be placed on a motor vehicle windshield; or
(d) Place or permit any commercial or non-commercial handbill to be placed on private properties where the owner has notified the Department of Licenses and Inspections that they do not wish to receive such material or which are conspicuously posted against receiving such handbills. For purposes of this provision, conspicuous shall mean visible from the sidewalk.
Notes
| 231 | Added, 1993 Ordinances, p. 1104. |
(1) Diversion Requirements for Regulated Premises. The Operator of each Regulated Premises shall, through an on-premises diversion program, provide receptacles for collection of Recyclable Materials and a method of removal of such materials that complies with regulations of the Department and:
(a) if City collection is used, provide for separation and placement of Recyclable Materials for City collection in accordance with Section 10-717 and regulations established by the Department; or
(b) if City collection is not used, provide for the removal of such Recyclable Materials by contracting with a recycling service provider.
(2) Regulated Premises Planning and Reporting Requirements. The Operator of each Regulated Premises shall prepare a Solid Waste and Recycling Plan with respect to such Regulated Premises describing the means that will be used to meet the diversion requirements established in this Section. Such Solid Waste and Recycling Plan shall:
(a) be prepared on a form prescribed by the Department;
(b) list the Recyclable Materials to be separated from Waste at the Regulated Premises; and
(c) identify whether City collection is used and, if not, identify each hauler with which the Operator arranges for removal of Municipal Waste and Recyclable Materials.
(3) Filing of Solid Waste and Recycling Plan. The Operator shall send the Solid Waste and Recycling Plan to the Department and shall maintain the Plan on file and post it in a public area at the Regulated Premises.
(4) Amendment of the Plan. The Operator of such Regulated Premises shall, within thirty (30) days of any change in practices described therein, amend the Plan and the amended plan shall be filed and maintained as set forth in subsection (3).
(5) Occupant Education Requirements. The Operator of a Regulated Premises shall provide waste disposal and recycling information and instructions, in accordance with regulations established by the Department:
(a) annually, to all occupants at the premises;
(b) to each new occupant no later than the thirtieth day after the person begins occupancy; and
(c) to all occupants within thirty (30) days of a material change in the Waste or Recyclable Materials removal service provided.
(6) Signage Requirements. The Operator of a Regulated Premises shall ensure that containers or locations used at the premises to aggregate Municipal Waste and Recyclable Materials are marked as follows:
(a) Each drop-off area or container intended or used for multi-person collection and disposal of Waste shall be prominently marked "Waste".
(b) Each drop-off area or container intended or used for multi-person collection of Recyclable Materials shall be affixed with a sign that includes:
(.1) the universal "Chasing Arrows" recycling symbol;
(.2) the word "Recycling"; and
(.3) a written list and graphic representations of the Recyclable Materials that the operator intends to collect.
(7) Penalties.
(a) The penalty for violation of any provision of this Section or of any regulation promulgated thereunder shall be provided in accordance with Section 10-719, or such equitable remedy as the Court may deem proper.
Notes
| 232 | Added, 1994 Ordinances, p. 706; Caption and Section amended, Bill No. 150748 (approved December 23, 2015). |
(1) An entity providing funding for the private cleaning of sidewalks under a written agreement covering one or more City blocks may erect and maintain, during the term of the agreement, signs on each block covered by the agreement indicating that the entity has adopted the block for sidewalk cleaning, provided:
(a) A copy of the agreement is filed with the Streets Department, and the Streets Department finds, after any necessary consultation with the Law Department, that the agreement provides for adequate cleaning services on the blocks covered by such agreement;
(b) The size, number, location, design and construction of the signs are approved by the Streets Department, which may reserve the right to direct the entity to remove any signs in the future if necessary to accommodate public safety; and
(c) The signs are erected and maintained by such entity at no cost to the City.
(2) The Streets Department shall promulgate any regulations necessary to carry out the provisions of this Section.
Notes
| 233 | Added, Bill No. 030784 (approved December 31, 2003). |
(1) Notwithstanding any regulations to the contrary, Municipal Waste and Recyclable Materials set out for City collection, shall be placed out for collection, as follows:
(a) From October 1st through March 31st, before 7:00 a.m. on the day of collection, but not before 5:00 p.m. on the previous day.
(b) From April 1st through September 30th, before 7:00 a.m. on the day of collection, but not before 7:00 p.m. on the previous day.
(2) Enforcement. Enforcement of this Section shall be pursuant to Section 10-718, except as follows:
(a) All notices of violation shall bear, in addition to the requirements of Section 10-718, a statement indicating whether evidence containing the address of the property in violation was found among the refuse, rubbish, garbage or recyclable materials.
(b) Proof of Violation. In determining whether a violation has occurred, the following factors shall be considered in any judicial enforcement proceeding conducted pursuant to Section 10-718 and in any review process conducted prior thereto by the Office of Administrative Review or any other City agency:
(.1) The manner in which the refuse, rubbish, garbage or recyclable materials were set out for collection and whether they were in appropriate containers or bags;
(.2) Whether the refuse, rubbish, garbage or recyclable materials were sitting at the curbside or other pick up location for the property that received the notice of violation;
(.3) Whether a writing or other evidence, containing the address of the property in receipt of the notice of violation, was found among the refuse, rubbish, garbage or recyclable materials and whether such evidence or a photograph thereof was submitted;
(.4) The timeliness of the issuance of any notice of violation; and
(.5) Such other evidence as appropriate.
Notes
| 234 | Added, Bill No. 090221 (approved May 27, 2009). Section 2 of Bill No. 090221 provides that the ordinance shall be effective upon adoption of implementing regulations. Repealed, Bill No. 090780 (approved December 16, 2009), effective January 1, 2010. Added, Bill No. 110366-A (approved August 9, 2011); amended, Bill No. 120099 (approved October 23, 2013); Caption and Section amended, Bill No. 150748 (approved December 23, 2015). |
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