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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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§ 10-812. 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).
§ 10-814. Acquisition or Transfer of Firearms. 264
   (1)   Definitions.
      (a)   Firearm. Any rifle, pistol, revolver, gun or shotgun.
      (b)   Department. Department of Licenses and Inspections.
   (2)   Prohibited Conduct. No person shall acquire or transfer any firearm in the City, and no person shall acquire a firearm outside of the City, which is brought into the City, unless application has been made to, and license obtained from, the Department.
   (3)   Application. The applicant for a license shall pay a fee of two dollars ($2.00), for each transaction of acquisition or transfer regardless of the number of firearms transferred or acquired at that time, and supply the following information on forms provided by the Department: 265
      (a)   the name, and any other names by which applicant has been known;
      (b)   the home address, and any other addresses at which applicant resided within five (5) years immediately prior to application;
      (c)   the present business or occupation, and any business or occupation, in which applicant has engaged for five (5) years immediately prior to the application;
      (d)   the date and place of birth of applicant;
      (e)   the caliber, length of barrel, make, model and, if known, manufacturer's number of the firearm;
      (f)   a statement by applicant indicating the date, place, nature and disposition of any criminal proceedings brought against the applicant for any offense other than traffic violations;
      (g)   name, address and occupation, of the person from whom the firearm is to be acquired or transferred; and
      (h)   a copy of applicant's fingerprints and his photograph.
   (4)   License.
      (a)   No license shall be issued unless the Police Department, after due investigation, approves the application. The Police Department shall not approve the application if it finds that applicant is either:
         (.1)   under eighteen (18) years of age;
         (.2)   a person convicted of either a crime of violence, any violation of the Uniform Firearms Act or carrying a concealed deadly weapon;
         (.3)   a person convicted of selling, using or possessing narcotics; or
         (.4)   an habitual drunkard.
      (b)   A license shall be issued or refused within thirty (30) days after the filing of an application.
      (c)   The license shall bear applicant's name, age, place of residence, and a full description of the firearm; and shall also have affixed thereto applicant's photograph, signature, and a copy of his fingerprints.
      (d)   All persons licensed hereunder carrying a firearm on or about their persons shall carry the license for that firearm on their person as provided herein with the exception of:
         (.1)   Employees of common carriers, banks or business firms whose duties require them both to protect moneys, valuables or other property in the discharge of such duties, and to carry firearms owned and supplied by their employers, but such employees shall carry a copy of said license; and
         (.2)   persons less than eighteen (18) years of age accompanied by the parent or guardian licensed to acquire or transfer that firearm.
      (e)   The Department shall revoke the license of any person who, subsequent to obtaining a license, has either:
         (.1)   been convicted of a crime of violence, a violation of the Uniform Firearms Act or carrying a concealed deadly weapon;
         (.2)   been convicted of selling, using or possessing narcotics; or
         (.3)   become an habitual drunkard.
   (5)   Duty of Transferor or Vendor.
      (a)   No transferor or vendor shall give, transfer, sell or deliver possession of any firearm to any person unless the transferee or vendee supplies to the transferor or vendor the required license for the scrutiny of the vendor or transferor.
      (b)   If no manufacturer's number of the firearm appears on the license, the transferor or vendor shall insert said number in the designated space, and shall forthwith notify the Police Department of the sale or transfer of the particular firearm and advise the Police Department of the manufacturer's number of said firearm which was inserted on the license.
   (6)   Exclusions. No license shall be required under this Section:
      (a)   by any governmental agency which owns or acquires firearms; or
      (b)   for transfer of firearms between a manufacturer and a duly licensed dealer, or between one licensed dealer and another dealer, in their usual course of business; or
      (c)   for licensed pawnbrokers, accepting a firearm as security or pledge for a loan, until the pawnbroker makes a sale or transfer of the firearm pledged to a person other than the owner, at which time a license shall be obtained for the sale or transfer, as provided herein.
   (7)   Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300), or imprisonment of not more than ninety (90) days, or both.

 

Notes

264
   Added, 1965 Ordinances, p. 237. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.
265
   Amended, 1973 Ordinances, p. 902.
§ 10-814a. Acquisition or Transfer of Firearms.  266
   (1)   Definitions.
      (a)   Firearm. Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
      (b)   Department. The Philadelphia Police Department.
   (2)   Prohibited Conduct. No person shall acquire or transfer any firearm in the City, and no person shall acquire a firearm outside of the City that is brought into the City, unless application has been submitted to, and license obtained from, the Department.
   (3)   Application. The applicant for a license shall pay a fee of two dollars ($2.00), for each transaction of acquisition or transfer regardless of the number of firearms transferred or acquired at that time, and supply the following information on forms provided by the Department:
      (a)   the name, and any other names by which applicant has been known;
      (b)   the home address, and any other addresses at which applicant resided within five (5) years immediately prior to application;
      (c)   the present business or occupation, and any business or occupation, in which applicant has engaged in the five (5) years immediately prior to the application;
      (d)   the date and place of birth of applicant;
      (e)   the caliber, length of barrel, make, model and, if known, manufacturer's number of the firearm;
      (f)   a statement by applicant indicating the date, place, nature and disposition of any criminal proceedings brought against the applicant for any offense other than traffic violations;
      (g)   name, address and occupation, of the person from whom the firearm is to be acquired or transferred; and
      (h)   a copy of applicant's fingerprints and his photograph.
   (4)   License.
      (a)   No license shall be issued unless the Department, after due investigation, approves the application. The Department shall not approve the application if it finds that applicant is either:
         (.1)   under eighteen (18) years of age;
         (.2)   a person convicted of either a crime of violence, any violation of the Uniform Firearms Act or carrying a concealed deadly weapon;
         (.3)   a person convicted of selling, using or possessing narcotics;
         (.4)   An unlawful abuser of any controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. § 802); or
         (.5)   unable to demonstrate knowledge of firearms safety.
      (b)   A license shall be deemed refused if it is not issued within thirty (30) days after the filing of an application.
      (c)   The license shall bear applicant's name, age, place of residence, and a full description of the firearm; and shall also have affixed thereto applicant's photograph, signature, and a copy of his or her fingerprints.
      (d)   All persons licensed hereunder carrying a firearm on or about their persons shall carry the license for that firearm on their person as provided herein with the exception of:
         (.1)   Employees of common carriers, banks or business firms whose duties require them both to protect moneys, valuables or other property in the discharge of such duties, and to carry firearms owned and supplied by their employers, but such employers shall maintain a copy of said license at their principal place of business; and
         (.2)   persons less than eighteen (18) years of age accompanied by the parent or guardian licensed to acquire or transfer that firearm.
      (e)   The Department shall revoke the license of any person who, subsequent to obtaining a license, has either:
         (.1)   been convicted of a crime of violence, a violation of the Uniform Firearms Act or carrying a concealed deadly weapon;
         (.2)   been convicted of selling, using or possessing narcotics;
         (.3)   been an unlawful abuser of any controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. § 902); or
         (.4)   lost ability to demonstrate knowledge of firearms safety.
   (5)   Duty of Transferor or Vendor.
      (a)   No transferor or vendor shall give, transfer, sell or deliver possession of any firearm to any person unless the transferee or vendee supplies to the transferor or vendor the required license for the scrutiny of the vendor or transferor.
      (b)   If no manufacturer's number of the firearm appears on the license, the transferor or vendor shall insert said number in the designated space, and shall forthwith notify the Department of the sale or transfer of the particular firearm and advise the Department of the manufacturer's number of said firearm which was inserted on the license.
   (6)   Exclusions. No license shall be required under this Section:
      (a)   for any governmental agency which owns or acquires firearms; or
      (b)   for transfer of firearms between a manufacturer and a duly licensed dealer, or between one licensed dealer and another dealer, in their usual course of business; or
      (c)   for licensed pawnbrokers accepting a firearm as security or pledge for a loan, until the pawnbroker makes a sale or transfer of the firearm pledged to a person other than the owner, at which time a license shall be obtained for the sale or transfer, as provided herein.
   (7)   Safety Training.
      (a)   The requirement that all applicants shall demonstrate knowledge of firearms safety training shall be fully satisfied if the applicant:
         (.1)   Submits a photocopy of a certificate of firearms safety training course completion, as defined in subsection (b) of this subsection signed by a qualified firearms safety instructor as defined in subsection (e) of this subsection;
         (.2)   Submits a photocopy of a certificate that shows the applicant completed a firearms safety course given by or under the supervision of any state, county, municipal, 267 or federal law enforcement agency; or
         (.3)   Is a licensed, qualified firearm safety instructor.
      (b)   Any qualified firearms safety instructor may issue a certificate of firearm safety training course completion to any applicant. On the certificate of course completion the qualified firearms safety instructor shall 268 affirm that the individual receiving instruction has taken and passed a firearms safety course of at least eight hours in length taught by the instructor that included:
         (.1)   Handgun safety in the classroom, at home, on the firing range and while carrying the firearm;
         (.2)   A physical demonstration performed by the applicant that demonstrated his or her ability to safely load and unload a revolver and a semiautomatic pistol and demonstrated his or her marksmanship with both;
         (.3)   The basic principles of marksmanship 269 ;
         (.4)   Care and cleaning of concealable 270 firearms;
         (.5)   Safe handling and storage of firearms at home;
         (.6)   The laws relating to firearms promulgated by the federal government, the Commonwealth of Pennsylvania and the City of Philadelphia;
         (.7)   The laws relating to the justifiable use of force;
         (.8)   A live firing exercise of sufficient duration for each applicant to fire a handgun, from a standing position or its equivalent, a minimum of fifty rounds at a distance of seven yards from a B-27 silhouette target or an equivalent target; and
         (.9)   A live fire test administered to the applicant while the instructor was present of twenty rounds from a standing position or its equivalent at a distance from a B-27 silhouette target, or an equivalent target, of seven yards.
      (c)   A qualified firearms safety instructor shall not give a grade of "passing" to anyone who:
         (.1)   Does not follow the orders of the qualified firearms instructor or cognizant range officer;
         (.2)   Handles a firearm in a manner that, in the judgment of the qualified 271 firearm safety instructor, poses a danger to the applicant or to others; or
         (.3)   During the live fire testing portion of the course fails to hit the silhouette portion of the targets with at least fifteen rounds.
      (d)   Qualified firearms safety instructors who provide firearms safety instruction to any person who applies for a concealed carry endorsement shall:
         (.1)   Make the applicant's course records available upon request to the sheriff of the county in which the applicant resides;
         (.2)   Maintain 272 all course records on students for a period of no less than four years from course completion date; and
         (.3)   Not have more than forty students in the classroom portion of the course or more than five students per range officer engaged in range firing.
      (e)   A firearms safety instructor shall be considered to be a qualified firearms safety instructor if the instructor:
         (.1)   Is a valid firearms safety instructor certified by the National Rifle Association holding a rating as a personal protection instructor or pistol marksmanship instructor;
         (.2)   Submits a photocopy of a certificate from a firearms safety instructor's course offered by a local, state, or federal governmental agency;
         (.3)   Submits a photocopy of a certificate from a firearms safety instructor course approved by the department of public safety;
         (.4)   Has successfully completed a firearms safety instructor course given by or under the supervision of any state, county, municipal or federal law enforcement agency; or
         (.5)   Is a certified police officer firearms safety instructor.
   (8)   Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300), or imprisonment of not more than ninety (90) days, or both.

 

Notes

266
   Added, Bill No. 040136-A (approved May 9, 2007). Section 2 of Bill No. 040136-A provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly. Upon becoming effective, this Ordinance shall repeal Section 10-814 of The Philadelphia Code entitled ‘Acquisition or Transfer of Firearms.'"
267
   Enrolled Bill No. 040136-A read "muniipal".
268
   Enrolled Bill No. 040136-A read "shjall".
269
   Enrolled Bill No. 040136-A read "markmanship".
270
   Enrolled Bill No. 040136-A read "cancelable".
271
   Enrolled Bill No. 040136-A read "quqalified".
272
   Enrolled Bill No. 040136-A read "maintan".
§ 10-815. Hunting. 273
   (1)   No person shall go upon land owned or controlled by the City or any public authority with a rifle, gun, pistol, or other firearm or with bows and arrows for the purpose of hunting wildlife.
   (2)   No person while hunting wildlife shall discharge any rifle, gun, pistol or other firearm or arrow into land owned or controlled by the City or any public authority.
   (3)   The Departments of Streets and Public Property, and the Fairmount Park Commission are hereby authorized to post signs at appropriate locations stating that hunting is prohibited, and specifying the penalties for violating that prohibition. Such signs shall be prominently placed at sufficient sites where illegal hunting is likely to be conducted so as to provide maximum public awareness of the contents thereof. 274
   (4)   The penalty for any violation of this Section shall be a fine of three hundred dollars ($300), together with the cost of prosecution and imprisonment not exceeding ninety (90) days if fine and costs are not paid within ten (10) days. 275

 

Notes

273
   Added, 1967 Ordinances, p. 52.
274
   Added, 1988 Ordinances, p. 295.
275
   Amended and renumbered, 1988 Ordinances, p. 295.
§ 10-816. Incendiary Devices. 276
   (1)   Definition.
      (a)   Incendiary Device. Any inflammable liquid enclosed in a readily breakable container that can be equipped with an igniter of any type.
   (2)   Prohibited Conduct. No person or groups of persons shall own, manufacture, sell, transfer, use or possess any incendiary device or similar device or parts thereof including, but not limited to, a "Molotov cocktail".
   (3)   Exception. This ordinance shall not apply to authorized personnel of the United States government or of the Commonwealth of Pennsylvania who use incendiary devices as part of their duties.
   (4)   Penalties. The penalty for violation of this Section shall be a fine of not less than one hundred dollars ($100) and not more than three hundred dollars ($300), together with imprisonment of not less than thirty days and not more than ninety (90) days.

 

Notes

276
   Added, 1967 Ordinances, p. 895.
§ 10-817. Police and Fire Radio Broadcasts. 277
   (1)   Prohibited Conduct.
      (a)   No person shall own, possess, sell or transfer any radio equipment or conversion equipment of any nature or type which is capable of transmitting on or otherwise interfering with police or fire radio broadcast frequencies.
      (b)   No person shall alter any radio equipment in any manner so that the receiver or converter makes it possible to transmit on or interfere with police or fire radio broadcast frequencies.
      (c)   No unauthorized person who owns or is in possession of any radio equipment or conversion equipment of any type which is capable of receiving signals on frequencies allocated for police or fire radio broadcasts shall transmit on said frequencies or otherwise interfere with any police or fire radio broadcast.
      (d)   No person shall use any radio equipment or conversion equipment for the purpose of violating the law or for the unlawful purpose of hindering or interfering with police officers or firemen in the performance of their official duties.
      (e)   No person shall:
         (.1)   possess on a public street or on public or private property not his or her residence; or 278
   (2)   Confiscation.
      (a)   Any radio equipment or conversion equipment capable of transmitting or interfering with police and fire radio broadcasts shall be presumed to be used for that purpose and any police officer is authorized to impound the equipment and hold it until the owner arranges for it to be re-equipped so that it will not be capable of transmitting on or interfering with police or fire radio broadcasts. If the owner does not make such arrangements within a period of thirty (30) days, the equipment shall be destroyed.
   (3)   Exemptions.
      (a)   Subsections 10-817(1) and (2) shall not apply to any law enforcement agency or to the Fire Department of the City of Philadelphia.
      (b)   Subsection 10-817(1)(e) shall not apply to any person engaged in the retail or wholesale business of selling or manufacturing radio equipment capable of receiving police or fire broadcasts, as long as the possession and/or carrying of such equipment is for business purposes.
   (4)   Penalty. The penalty for violation of this Section shall be a fine of not less than one hundred dollars ($100) and not more than three hundred dollars ($300), and/or imprisonment of not less than thirty nor more than ninety (90) days. 279

 

Notes

277
   Added, 1967 Ordinances, p. 898; amended, 1983 Ordinances, p. 394.
278
   Subsection (1)(e)(.2) deleted, Bill No. 171126 (approved March 20, 2018).
279
   Renumbered and former subsection (4) deleted, Bill No. 171126 (approved March 20, 2018).
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