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PHILADELPHIA HOME RULE CHARTER
THE PHILADELPHIA CODE
TITLE 1. GENERAL PROVISIONS
TITLE 2. CITY-COUNTY CONSOLIDATION
TITLE 3. AIR MANAGEMENT CODE
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
TITLE 4.1. ELECTRICAL CODE
TITLE 4.2. PROPERTY MAINTENANCE CODE
TITLE 5. FIRE PREVENTION CODE
TITLE 6. HEALTH CODE
TITLE 7. HOUSING CODE
TITLE 8. PLUMBING CODE
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
CHAPTER 10-100. ANIMALS
CHAPTER 10-200. ETHNIC INTIMIDATION AND INSTITUTIONAL VANDALISM
CHAPTER 10-300. MINORS
CHAPTER 10-400. NOISE AND EXCESSIVE VIBRATION
CHAPTER 10-500. PROPERTY - DAMAGING, DEFACING AND INTERFERING WITH
CHAPTER 10-600. PUBLIC PLACES - PROHIBITED CONDUCT
CHAPTER 10-700. REFUSE AND LITTERING
CHAPTER 10-800. SAFETY
§ 10-801. Abandoned Iceboxes.
§ 10-802. Building Activities in Streets.
§ 10-803. Excavations and Obstructions.
§ 10-804. False Reports or Alarms for Police or Fire Services.
§ 10-805. Hoisting Heavy Objects.
§ 10-806. Reviewing Stands - Construction.
§ 10-807. Reserved.
§ 10-808. Reserved.
§ 10-809. Water Control.
§ 10-810. Weapons and Dangerous Devices.
§ 10-811. Penalties.
§ 10-812. Removal and Abandonment of Shopping Carts.
§ 10-813. Reserved.
§ 10-814. Acquisition or Transfer of Firearms.
§ 10-814a. Acquisition or Transfer of Firearms.
§ 10-815. Hunting.
§ 10-816. Incendiary Devices.
§ 10-817. Police and Fire Radio Broadcasts.
§ 10-818. Firearms in Public Places.
§ 10-819. State of Emergency.
§ 10-820. Cutting Weapons in Public Places.
§ 10-821. Reserved.
§ 10-821a. Contraband Weapons, Accessories and Ammunition.
§ 10-821b. Contraband Weapons, Accessories and Ammunition.
§ 10-822. Carrying of Weapons in or on Public and Private Buildings.
§ 10-823. Driveways.
§ 10-824. Unauthorized Entry on School Premises.
§ 10-825. Stun Guns.
§ 10-826. Sale to or Possession by Minors of Dangerous Martial Arts Weapons and Instruments.
§ 10-827. Display of Building Numbers.
§ 10-828. Strict Liability for Damages Caused by Certain Firearms.
§ 10-829. Prohibition on Sale of Box Cutters and Similar Utility Knives to Persons Under the Age of Eighteen.
§ 10-830. Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm.
§ 10-830a. Reporting Requirements Upon the Application for or Renewal of a License to Carry a Firearm.
§ 10-831. Straw and Multiple Handgun Purchase Reduction.
§ 10-831a. Straw and Multiple Handgun Purchase Reduction.
§ 10-832. Firearms Tracing.
§ 10-833. Possession of Weapons on School Property.
§ 10-834. Responsibility to Avoid Possession and Discharge of Firearms by Children.
§ 10-835. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders.
§ 10-835a. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders.
§ 10-836. Reserved.
§ 10-836a. Reserved.
§ 10-837. Sale or Transfer of Ammunition.
§ 10-838. Failure to Report Lost or Stolen Firearm.
§ 10-838a. Failure to Report Lost or Stolen Firearm.
§ 10-839. Reporting Requirements for Lost or Stolen Vehicles.
§ 10-840. Criminal and Defiant Trespassers.
§ 10-841. Fraudulent Leasing of Residential Property.
§ 10-842. Possession of Weapons at City Recreation Facilities.
CHAPTER 10-900. CRIMINAL REGISTRATION
CHAPTER 10-1000. FEES
CHAPTER 10-1100. OBSCENITY
CHAPTER 10-1100A. DEVELOPMENT IN DEFINED FLOOD PLAIN AREAS (Repealed)
CHAPTER 10-1200. POSTING OF SIGNS
CHAPTER 10-1300. DISPLAY OF OBJECTIONABLE PUBLICATIONS AND MATERIALS
CHAPTER 10-1400. "TAILGATING" AND RELATED ACTIVITIES IN THE OUTDOOR PUBLIC PARKING LOTS AT THE PHILADELPHIA SPORTS COMPLEX
CHAPTER 10-1500. INTERFERENCE WITH ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
CHAPTER 10-1600. CONDUCT IN PUBLIC PLACES OF ASSEMBLY; ADMINISTRATIVE ADJUDICATION OF VIOLATIONS
CHAPTER 10-1700. USE OF SURVEILLANCE TAPES IN COMMERCIAL BUSINESSES
CHAPTER 10-1800. VICARIOUS LIABILITY FOR STUDENT CONDUCT
CHAPTER 10-1900. WITNESS INTIMIDATION
CHAPTER 10-2000. UNLAWFUL MANUFACTURE OF FIREARMS
CHAPTER 10-2100. MARIJUANA POSSESSION
CHAPTER 10-2200. HATE CRIMES
CHAPTER 10-2300. LIABILITY FOR HUMAN TRAFFICKING
CHAPTER 10-2400. PHILADELPHIA GUN VIOLENCE PROTECTION
CHAPTER 10-2500. PROHIBITED PHYSICAL CONTACT BY PEACE OFFICERS
CHAPTER 10-2600. LESS LETHAL DEVICES
CHAPTER 10-2700. CITY REPORTS ON IMPERMISSIBLE CAMPING
TITLE 11. STREETS
TITLE 12. TRAFFIC CODE
TITLE 13. WATER AND SEWER
TITLE 14. ZONING AND PLANNING
TITLE 15. PARKS AND RECREATION
TITLE 16. PUBLIC PROPERTY
TITLE 17. CONTRACTS AND PROCUREMENT
TITLE 18. COMMERCE AND AVIATION
TITLE 19. FINANCE, TAXES AND COLLECTIONS
TITLE 20. OFFICERS AND EMPLOYEES
TITLE 21. MISCELLANEOUS
TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
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§ 10-806. Reviewing Stands – Construction. 244
   (1)   Any stand erected for the purpose of reviewing any parade, procession, or festivity of any kind must be erected in conformity with the conditions and regulations issued by the Department of Licenses and Inspections.
   (2)   The Department of Licenses and Inspections shall order any stand built in violation of the conditions and regulations issued by the Department of Licenses and Inspections to be dismantled or removed immediately or may perform such dismantling and removal itself or by contract, the cost to be charged against the person causing such stands to be erected. The Law Department may take such action for the collection of such costs by lien or otherwise as may be authorized by law.

 

Notes

244
   Source: 1898 Ordinances, p. 209; amended, Bill No. 171118 (approved March 14, 2018).
§ 10-807. Reserved. 245

 

Notes

245
   Amended, 1961 Ordinances, p. 517. Note: this Section has been deleted and replaced by Section 10-719.
§ 10-808. Reserved. 246

 

Notes

246
   Deleted, 1979 Ordinances, p. 1379.
§ 10-809. Water Control. 247
   (1)   Fire hydrants shall be used only by:
      (a)   Authorized City employees; or
      (b)   Persons who have obtained a permit from the Department of Licenses and Inspections or other department designated by the Water Department.
   (2)   Fire hydrants shall be operated only by use of fire hydrant wrenches of a type approved by the Water Department.
   (3)   Emergency Water Shortage. The Water Commissioner shall promulgate regulations governing the use of water during a drought or other emergency necessitating the conservation of water. No person, with or without permit, shall use water for purposes or in any manner prohibited by such regulations during such times as the Water Commissioner declares such regulations to be in effect in order to conserve water in a drought or for other emergency purposes.
   (4)   Prohibited Conduct.
      (a)   No person other than those referred to in subsections (1)(a) and (1)(b) shall use or possess in any street or public place a fire hydrant wrench.
      (b)   No person shall sell or offer to sell any fire hydrant wrench unless the purchaser, other than a City agency, produces a permit to use a fire hydrant.
   (5)   Enforcement. 248 For the purposes of enforcing the provisions of this Section, notice of violation shall be issued by police officers or any other person authorized to enforce ordinances.
      (a)   Whenever a police officer or any other official authorized to enforce ordinances observes a violation of the provisions of this Section, he shall hand to the violator a printed notice of violation. Such notice shall bear the date, time and nature of violation, license number of any vehicle or vehicles involved in the violation, identity and address of the violator, the amount to be remitted in response to the notice of violation, the penalty which can be imposed by the court for violation, and shall be signed by the person issuing the violation and shall bear the police officer's badge number or other official identification number identifying the person issuing the violation notice.
      (b)   Any person who receives a notice of violation, may within ten (10) days, pay the amount of ten dollars ($10), admit the violation and waive appearance before a Municipal Court Judge. The notice of violation shall contain an appropriate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing, and shall be returned by the violator when he remits the stipulated payment.
      (c)   If a person who receives a notice of violation fails to pay the prescribed payment within ten (10) days of the issuance of the notice of violation, a code enforcement complaint shall be issued for such violation in such manner as provided by law. If the person named in the code enforcement complaint is found to have violated this Section or fails to appear on the date set for hearing, he shall be subject to the imposition of fines in the amount set forth in subsection 10-809(6), plus court costs.
   (6)   Penalty. 249
      (a)   The penalty for violation of any provision of this Section shall be a fine of twenty dollars ($20) for the first offense, fifty dollars ($50) for the second offense, and three hundred dollars ($300) for each subsequent offense. If a wrench or other device has been used in violation of this Section and has not previously been surrendered, the violator shall be ordered to surrender the wrench or other device to the Water Department.
      (b)   Any fine or costs imposed by the court shall be entered as a judgment against the violator.
      (c)   Any fine imposed by the court shall be paid within ten (10) days of its imposition. If the wrench is not surrendered and any court fine or costs are not paid within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fine as provided by law.
      (d)   In addition to the foregoing penalties, any police officer shall be duly authorized to seize and deliver into the custody of the Water Department any wrench used in violation of this Section.
      (e)   The imposition of the penalties authorized by this Section is in addition to any remedy the City may have for loss or damage caused as a result of violation of this Section.

 

Notes

247
   Repealed and new Section added, 1975 Ordinances, p. 992; amended, 1989 Ordinances, p. 1188.
248
   Added, Bill No. 15 (approved February 28, 1955).
249
   Amended and new subsections added, 1985 Ordinances, p. 87.
§ 10-810. Weapons and Dangerous Devices.
   (1)   Discharging Firearms. 250 No person shall fire or discharge recklessly and without reasonable cause any rifle, gun, pistol, or other firearm.
   (2)   Water Pistols, Electric Canes, and Miniature Cannon. 251
      (a)   No one shall sell or offer for sale water pistols, electric canes, miniature cannon, or similar articles. 252
      (b)   No one shall use water pistols, electric canes, miniature cannon or similar articles in any street or public place.
   (3)   Spring Guns, Air Guns and Bows and Arrows. 253
      (a)   No person shall sell, offer for sale at retail, or use, or possess with intent to use, any air gun, spring gun, or any implement not a firearm which forcefully impels a pellet of any kind.
      (b)   No person shall sell, or offer for sale, at retail, any bow and arrow, to any person under the age of twenty-one (21) years unless the seller first obtains written evidence of parental consent to the proposed purchase by the minor. 254
   (4)   Toy or Imitation Firearms. 255
      (a)   No person shall sell or offer to sell, possess or use or attempt to use or give away, any toy or imitation firearm which substantially duplicates or can reasonably be perceived to be an actual firearm unless:
         (.1)   The entire exterior surface of such toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or
         (.2)   Such toy or imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation or toy firearm's complete contents; and
            (.a)   The barrel of such toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with a blaze orange plug, permanently affixed, of the same material of which the toy or imitation firearm is made, for a distance of not less than one-half inch from the front end of said barrel; and
            (.b)   Such toy or imitation firearm has legibly stamped thereon, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and
            (.c)   Such toy or imitation firearm 256 does not have a laser pointer attached.
      (b)   The provisions of subsection 10-810(8)(a) shall not apply to:
         (.1)   The possession or display of toy or imitation firearms by a manufacturer or dealer solely for purposes of sales that are accompanied by delivery to a point outside of the City;
         (.2)   Any toy or imitation firearm that will be used only for or in the production of television programs or theatrical or motion picture presentations, provided, however, that such use of any toy or imitation firearm complies with all applicable laws, rules or regulations concerning request and receipt of waivers authorizing such use;
         (.3)   Non-firing collector replica antique firearms, which look authentic and may be scale models, but are not intended as toys and are modeled on real firearms, designed, manufactured and produced prior to 1898;
         (.4)   Decorative, ornamental, and miniature objects having the appearance, shape or configuration of a firearm, including those intended to be displayed on a desk or worn as jewelry or on key chains, provided that the object measures no more than thirty-eight (38) millimeters in height or eighty (80) millimeters in length.
   (5)   Switchblade Knives. 257 No person shall sell, offer for sale or carry any knife with a blade which is released by a spring mechanism including knives known as "switchblades".
   (6)   Incendiary Paper. 258 No person shall manufacture, sell, offer for sale, carry or store any incendiary paper that has been chemically treated to vanish at the touch of a flame, including paper known as "flash paper".
   (7)   Penalties. 259
      (a)   Whoever violates any provision of this Section or Section 10-821 shall, in addition to other penalties provided, forfeit the weapon, contraband, or dangerous device giving rise to the violation of such Section.
      (b)   In addition to any other penalties, any person who sells or offers for sale at retail to a minor, any air gun, spring gun, or any implement, not a firearm, which forcefully impels a pellet of any kind, in violation of subsection 10-810(3)(a), shall have committed a Class III offense and shall be subject to the fines set forth in subsection 1-109(3), and upon referral from the Police Department, the Department of Licenses and Inspections, after providing notice and an opportunity to be heard, may suspend the commercial activity license of such person for no less than six months and no more than one year.
   (8)   Confiscation. 260 Police officers shall seize and deliver into departmental custody any air gun, air pistol, spring gun, switch blade knife, incendiary paper, contraband weapons, toy or imitation firearm in violation of subsection 10-810(4), accessories and/or ammunition or other implement which shall be used, discharged, possessed, offered for sale or carried in violation of Section 10-810 or Section 10-821.

 

Notes

250
   Source: 1864 Ordinances, p. 357, §§ 36 and 37; 1921 Ordinances, p. 167. Bill No. 140904 (approved February 18, 2015) provides that this subsection (1) shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.
251
   Source: 1949 Ordinances, p. 813.
252
   Amended, 1956 Ordinances, p. 676.
253
   Source: 1950 Ordinances, p. 129.
254
   Amended, 1960 Ordinances, p. 260.
255
   Added, Bill No. 140718-A (approved November 14, 2014).
256
   Enrolled bill read "...toy or imitation or firearm...."
257
   Source: 1953 Ordinances, p. 97; renumbered, Bill No. 140718-A (approved November 14, 2014).
258
   Amended, 1956 Ordinances, p. 668; renumbered, Bill No. 140718-A (approved November 14, 2014).
259
   Amended, 1956 Ordinances, p. 668; amended, 1993 Ordinances, p. 781; amended, Bill No. 140637 (approved November 12, 2014); renumbered, Bill No. 140718-A (approved November 14, 2014).
260
   Amended, 1956 Ordinances, p. 668; amended, 1993 Ordinances, p. 781; renumbered and amended, Bill No. 140718-A (approved November 14, 2014).
§ 10-811. Penalties.  261
   (1)   Unless otherwise provided, the penalty for violation of any Section of this Chapter is a fine of no less than one hundred fifty dollars ($150) nor more than three hundred dollars ($300) or imprisonment not exceeding ninety (90) days or both.

 

Notes

261
   Amended, 1956 Ordinances, p. 676; amended, 1990 Ordinances, p. 715.
§ 10-812. Removal and Abandonment of Shopping Carts. 262
   (1)   No person shall remove a grocery or shopping cart from any store, shop, market or super market and leave or abandon such cart on any sidewalk, street, public parking lot or other property, public or private, not owned or controlled by the owner of such cart.
   (2)   The provisions of Section 10-811, relating to penalties, shall be applicable to violations of this Section.

 

Notes

262
   Amended, 1960 Ordinances, p. 159.
§ 10-813. Reserved. 263

 

Notes

263
   Added, 1964 Ordinances, p. 760; repealed, Bill No. 040870 (approved January 25, 2005).
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