§ 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).

§ 10-818. Firearms in Public Places. 280

   (1)   Definition.

      Firearms. "Firearms" means any revolver, pistol, rifle, shotgun or other weapon capable of propelling a projectile by means of an explosive material or charge.

   (2)   Prohibited Conduct. No person shall carry a firearm upon the public streets or upon any public property at any time unless that person is:

      (a)   either (.1) a resident of Pennsylvania licensed by a political subdivision of the Commonwealth of Pennsylvania to carry a firearm or licensed to hunt; or (.2) a resident of another state, which state has a reciprocity agreement with Pennsylvania under 18 Pa. C.S. § 6109(k) or has statutory reciprocity under § 6106(b), and is licensed by such state to carry a firearm or to hunt;

      (b)   actively engaged in a defense of his life or property from imminent peril or threat; or

      (c)   a police officer or member of the State or Federal militia on active duty.

   (3)   In the event that a court of competent jurisdiction determines, in a final Order from which no further appeal is available, that persons with licenses from states other than those set forth in subsection (2)(a) have a statutory right to carry a firearm upon the public streets or public property, then, in addition to the persons categorized in subsection (2)(a), the following persons shall not be prohibited from carrying a firearm upon the public streets or public property:

      (a)   a person licensed to carry a firearm or to hunt by a state with firearms laws similar to the firearms laws of Pennsylvania, and which provides a reciprocal privilege for individuals licensed by Pennsylvania. For purposes of this subsection (a), only the following states are deemed to have firearms laws similar to those of Pennsylvania: Colorado, Idaho, Indiana, Louisiana, Montana, North Dakota and Utah.

   (4)   Penalty. The penalty for violation of this Section shall be a fine of not less than three hundred dollars ($300) and imprisonment of not less than ninety days.

 

Notes

280	Added, 1967 Ordinances, p. 896; amended, Bill No. 100722-A (approved February 25, 2011). 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.

§ 10-819. State of Emergency. 281

   (1)   Emergency Measures. The Mayor of the City of Philadelphia is authorized, if he finds that the City or any part thereof is suffering or is in imminent danger of suffering civil disturbance, disorder, riot or other occurrence which will seriously and substantially endanger the health, safety and property of the citizens, to declare a STATE OF EMERGENCY and take the following specified measures throughout the City or any part thereof:

      (a)   Prohibit or limit the number of persons who may gather or congregate upon the public highways or public sidewalks, or in any outdoor place, except persons who are awaiting transportation, engaging in recreational activities at a usual and customary place, or peaceably entering or leaving buildings;

      (b)   Halt access or egress upon public highways to or from the City or any part thereof;

      (c)   Suspend operations at municipal airports;

      (d)   Halt the movement of trains, boats or other vehicles into, within or from the City;

      (e)   Establish a curfew limiting the hours when persons may go upon or travel the public streets;

      (f)   Require the closing of taprooms and bars and prohibit the sale or service of alcoholic beverages in any hotel, restaurant, club or other establishment;

      (g)   Prohibit or restrict the sale of gasoline or other inflammable liquids;

      (h)   Prohibit the sale, carrying or possession on the public street or public sidewalks, or in any public park or square, of weapons including, but not limited to, firearms, bows and arrows, air rifles, slingshots, knives, razors or missiles of any kind.

   (2)   Duration. The STATE OF EMERGENCY declared by the Mayor shall exist for the period set forth in the proclamation but not in excess of two weeks. However, the STATE OF EMERGENCY may be extended for additional periods of two weeks.

   (3)   Penalty. Any person who violates these emergency precautions taken by the Mayor under the authority of this ordinance shall be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300), or imprisonment for a term not to exceed ninety days, or both.

 

Notes

281	Added, 1967 Ordinances, p. 899.

§ 10-820. Cutting Weapons in Public Places. 282

   (1)   Definition.

      Cutting Weapon. Any knife or other cutting instrument which can be used as a weapon that has a cutting edge similar to that of a knife. No tool or instrument commonly or ordinarily used in a trade, profession or calling shall be considered a cutting weapon while actually being used in the active exercise of that trade, profession or calling.

   (2)   Prohibited Conduct. No person shall use or possess any cutting weapon upon the public streets or upon any public property at any time.

      (a)   Exception: This restriction shall not apply to the use and possession of cutting tools by emergency personnel of the Philadelphia Fire Department, whether on or off duty. 283

   (3)   Penalty. The penalty for violation of this Section shall be a fine of not less than three hundred dollars ($300) and imprisonment of not less than ninety days.

 

Notes

282	Added, 1968 Ordinances, p. 906.
283	Added, Bill No. 160333 (approved June 28, 2016).

§ 10-821. Reserved. 284

 

Notes

284

Added, 1968 Ordinances, p. 1090; amended, 1993 Ordinances, p. 781; repealed, Bill No. 080033 (approved April 10, 2008). Section 2 of Bill No. 080033 provides: "Upon becoming effective, this Ordinance shall repeal Section 10-821 of The Philadelphia Code, entitled ‘Contraband Weapons, Accessories and Ammunition.'" See Section 10-821b.