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(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). |
(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 |
(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. |
(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). |
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. |
(1) Legislative Findings.
(a) The Council finds that the use of offensive weapons as implements of serious crime in Philadelphia represents an increasing danger to the lives and safety of all the residents thereof. In particular, certain paramilitary assault weapons have become the weapons of choice of those engaged in drug trafficking and other enterprises of organized crime. The threat to the lives of Philadelphia police officers has become particularly acute as a result of this on-going trend.
(b) The Council finds that it would be useful for law enforcement purposes to enhance prohibitions of certain offensive weapons by making possession, manufacture, transfer, delivery, sale and use of such weapons a violation of The Philadelphia Code, subject to certain exceptions. In so doing the Council finds that it would be useful to specifically include within the ban a variety of weapons and devices that are expressly recognized as offensive weapons. And that they should include, but not be limited to, paramilitary assault weapons, and the ammunition and accessories for such weapons, as well as a variety of other devices that have created special problems for local law enforcement.
(c) The statutory limitations of municipalities to regulate the possession, sale and transfer of firearms, as upheld by the Pennsylvania Supreme Court, has been duly considered and incorporated within the body of this legislation. And, we take into account the paramount interests of the public safety of the citizens of our City and Commonwealth.
(2) Definitions.
(a) Assault weapon. The term includes the following:
(.1) Any semiautomatic pistol or semiautomatic or pump-action rifle that is capable of accepting a detachable magazine and that also possesses any of the following:
(.a) If the firearm is a rifle, a pistol grip located at the rear of the trigger.
(.b) If the firearm is a rifle, a stock in any configuration, including, but not limited to, a thumbhole stock, a folding stock or a telescoping stock, that allows the bearer of the firearm to grasp the firearm with the trigger hand such that the web of the trigger hand, between the thumb and forefinger, can be placed below the top of the external portion of the trigger during firing.
(.c) If the firearm is a pistol, a shoulder stock of any type or configuration, including, but not limited to, a folding stock or a telescoping stock.
(.d) A barrel shroud.
(.e) A muzzle break or muzzle compensator.
(.f) Any feature capable of functioning as a protruding grip that can be held by the hand that is not the trigger hand.
(.2) Any pistol that is capable of accepting a detachable magazine at any location outside of the pistol grip.
(.3) Any semiautomatic, center-fire rifle with a fixed magazine that has the capacity to accept more than ten rounds of ammunition.
(.4) Any shotgun capable of accepting a detachable magazine.
(.5) Any shotgun with a revolving cylinder.
(.6) Any conversion kit or other combination of parts from which a firearm described in subsections (.1) through (.5) can be assembled if the parts are in the possession or under the control of any person.
(b) Barrel shroud. A covering, other than a slide, that is attached to or that substantially or completely encircles the barrel of a firearm and that allows the bearer of the firearm to hold the barrel with the nonshooting hand while firing the firearm, without burning that hand. The term does not include an extension of the stock along the bottom of the barrel that does not substantially or completely encircle the barrel.
(c) Contraband Weapons, Accessories and/or Ammunition. Any assault weapon, bazooka, recoilless rifle, grenade, rifle grenade launcher, anti-tank gun, flame-thrower, rocket, mortar, bomb, mine, booby trap, large capacity magazine, large capacity ammunition belt, weapon silencer, expanding type conical bullet available in handgun chamberings, or other weapon, device, accessory or ammunition, designed or intended to cause injury or death to persons or damage to property for which no common lawful purpose exists, any item defined as an "offensive weapon" under the Act of December 6, 1972, P.L. 1482, No. 334, § 1, as amended, 18 Pa. C.S. § 908(c) or any other military style weapon from which a projectile, harmful fluid or gas may be propelled.
(d) Conversion kit. Any part or combination of parts designed and intended for use in converting a firearm into an assault weapon.
(e) Detachable magazine. A magazine the function of which is to deliver one or more ammunition cartridges into the firing chamber of a firearm and which can be removed from the firearm without the use of any tool, including a bullet or ammunition
cartridge.
(f) Inoperable. The alteration of an assault weapon, or its ammunition, in such a manner that it cannot be fired and that the owner or possessor of the weapon does not possess or have control over the parts necessary to make the weapon operable.
(g) Large Capacity Ammunition Belt. A belt or strip which holds more than sixteen (16) rounds of ammunition to be fed continuously into a semi-automatic weapon, or an ammunition belt which can be readily converted into a large-capacity ammunition belt.
(h) Large Capacity Magazine. Any box, drum or other container which holds more than sixteen (16) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic weapon, or a magazine which can be readily converted into such a device.
(i) Muzzle brake. A device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
(j) Muzzle compensator. A device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
(k) Pistol Grip. A well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand.
(l) Semi-Automatic. A weapon which fires a single projectile for each single pull of the trigger and its self-reloading or automatically chambers a round, cartridge, or bullet without additional slide, bolt or other manual action.
(m) Weapon Silencer. Any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver pistol or other weapon to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other weapon.
(3) Prohibited Conduct. No person shall own, use, possess or transfer any contraband weapon, accessory or ammunition; provided however, that any person who, prior to the effective date of this Section, was legally in possession of a weapon or device prohibited by this Section shall have thirty (30) days from the effective date of this Section to do any of the following without being subject to prosecution hereunder:
(a) remove said contraband weapon, accessory and/or ammunition from within the City limits of Philadelphia; or
(b) modify said contraband weapon, accessory and/or ammunition to either render it permanently inoperable or to permanently make it a device no longer defined as contraband under this Section; or
(c) surrender it to the Police Department.
(4) Exceptions.
(a) This Section shall not apply to employees of the Philadelphia Police Department, and the Philadelphia Sheriff's Department when conduct otherwise prohibited by this Section is authorized by rules promulgated by such Department.
(b) The Police Department shall, by regulation, specify procedures whereby persons permitted to own, possess, transfer, deliver, or manufacture contraband weapons, accessories and/or ammunition notwithstanding the provisions of this Section may obtain certification of such exempt status, upon proving the basis of their exemption, and upon payment of a reasonable fee set by the Department to defray the cost of such certification process.
(5) Penalties. Any person violating any provision of this Section shall be subject to a fine of not more than three hundred dollars ($300) and to imprisonment for not more than ninety (90) days or both. Prosecution under this Section shall be subject to the defenses and exemptions set forth in 18 Pa. C.S. § 908(b), as amended.
Notes
285 | Added, Bill No. 040315 (approved May 9, 2007). Section 2 of Bill No. 040315 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 10-821 of The Philadelphia Code, entitled ‘Contraband Weapons, Accessories and Ammunition.'" |
(1) Legislative Findings.
(a) The Council finds that the use of offensive weapons as implements of serious crime in Philadelphia represents an increasing danger to the lives and safety of all the residents thereof. In particular, certain paramilitary assault weapons have become the weapons of choice of those engaged in drug trafficking and other enterprises of organized crime. The threat to the lives of Philadelphia police officers has become particularly acute as a result of this on-going trend.
(b) The Council finds that it would be useful for law enforcement purposes to enhance prohibitions of certain offensive weapons by making possession, manufacture, transfer, delivery, sale and use of such weapons a violation of The Philadelphia Code, subject to certain exceptions. In so doing the Council finds that it would be useful to specifically include within the ban a variety of weapons and devices that are expressly recognized as offensive weapons. And that they should include, but not be limited to, paramilitary assault weapons, and the ammunition and accessories for such weapons, as well as a variety of other devices that have created special problems for local law enforcement.
(c) The statutory limitations of municipalities to regulate the possession, sale and transfer of firearms, as upheld by the Pennsylvania Supreme Court, has been duly considered and incorporated within the body of this legislation. And, we take into account the paramount interests of the public safety of the citizens of our City and Commonwealth.
(2) Definitions.
(a) Assault weapon. The term includes the following:
(.1) Any semiautomatic pistol or semiautomatic or pump-action rifle that is capable of accepting a detachable magazine and that also possesses any of the following:
(.a) If the firearm is a rifle, a pistol grip located at the rear of the trigger.
(.b) If the firearm is a rifle, a stock in any configuration, including, but not limited to, a thumbhole stock, a folding stock or a telescoping stock, that allows the bearer of the firearm to grasp the firearm with the trigger hand such that the web of the trigger hand, between the thumb and forefinger, can be placed below the top of the external portion of the trigger during firing.
(.c) If the firearm is a pistol, a shoulder stock of any type or configuration, including, but not limited to, a folding stock or a telescoping stock.
(.d) A barrel shroud.
(.e) A muzzle break or muzzle compensator.
(.f) Any feature capable of functioning as a protruding grip that can be held by the hand that is not the trigger hand.
(.2) Any pistol that is capable of accepting a detachable magazine at any location outside of the pistol grip.
(.3) Any semiautomatic, center-fire rifle with a fixed magazine that has the capacity to accept more than ten rounds of ammunition.
(.4) Any shotgun capable of accepting a detachable magazine.
(.5) Any shotgun with a revolving cylinder.
(.6) Any conversion kit or other combination of parts from which a firearm described in subsections (.1) through (.5) can be assembled if the parts are in the possession or under the control of any person.
(b) Barrel shroud. A covering, other than a slide, that is attached to or that substantially or completely encircles the barrel of a firearm and that allows the bearer of the firearm to hold the barrel with the nonshooting hand while firing the firearm, without burning that hand. The term does not include an extension of the stock along the bottom of the barrel that does not substantially or completely encircle the barrel.
(c) Contraband Weapons, Accessories and/or Ammunition. Any assault weapon, bazooka, recoilless rifle, grenade, rifle grenade launcher, anti-tank gun, flame-thrower, rocket, mortar, bomb, mine, booby trap, large capacity magazine, large capacity ammunition belt, weapon silencer, expanding type conical bullet available in handgun chamberings, or other weapon, device, accessory or ammunition, designed or intended to cause injury or death to persons or damage to property for which no common lawful purpose exists, any item defined as an "offensive weapon" under the Act of December 6, 1972, P.L. 1482, No. 334, § 1, as amended, 18 Pa. C.S. § 908(c) or any other military style weapon from which a projectile, harmful fluid or gas may be propelled.
(d) Conversion kit. Any part or combination of parts designed and intended for use in converting a firearm into an assault weapon.
(e) Detachable magazine. A magazine the function of which is to deliver one or more ammunition cartridges into the firing chamber of a firearm and which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.
(f) Inoperable. The alteration of an assault weapon, or its ammunition, in such a manner that it cannot be fired and that the owner or possessor of the weapon does not possess or have control over the parts necessary to make the weapon operable.
(g) Large Capacity Ammunition Belt. A belt or strip which holds more than sixteen (16) rounds of ammunition to be fed continuously into a semi-automatic weapon, or an ammunition belt which can be readily converted into a large-capacity ammunition belt.
(h) Large Capacity Magazine. Any box, drum or other container which holds more than sixteen (16) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic weapon, or a magazine which can be readily converted into such a device.
(i) Muzzle brake. A device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
(j) Muzzle compensator. A device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
(k) Pistol Grip. A well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand.
(l) Semi-Automatic. A weapon which fires a single projectile for each single pull of the trigger and its self-reloading or automatically chambers a round, cartridge, or bullet without additional slide, bolt or other manual action.
(m) Weapon Silencer. Any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver pistol or other weapon to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other weapon.
(3) Prohibited Conduct. No person shall own, use, possess or transfer any contraband weapon, accessory or ammunition; provided however, that any person who, prior to the effective date of this Section, was legally in possession of a weapon or device prohibited by this Section shall have thirty (30) days from the effective date of this Section to do any of the following without being subject to prosecution hereunder;
(a) remove said contraband weapon, accessory and/or ammunition from within the City limits of Philadelphia; or
(b) modify said contraband weapon, accessory and/or ammunition to either render it permanently inoperable or to permanently make it a device no longer defined as contraband under this Section; or
(c) surrender it to the Police Department.
(4) Exceptions.
(a) This Section shall not apply to employees of the Philadelphia Police Department, and the Philadelphia Sheriff's Department when conduct otherwise prohibited by this Section is authorized by rules promulgated by such Department.
(b) The Police Department shall, by regulation, specify procedures whereby persons permitted to own, possess, transfer, deliver, or manufacture contraband weapons, accessories and/or ammunition notwithstanding the provisions of this Section may obtain certification of such exempt status, upon proving the basis of their exemption, and upon payment of a reasonable fee set by the Department to defray the cost of such certification process.
(5) Penalties. Any person violating any provision of this Section shall be subject to a fine of not more than three hundred dollars ($300) and to imprisonment for not more than ninety (90) days or both. Prosecution under this Section shall be subject to the defenses and exemptions set forth in 18 Pa. C.S. § 908(b), as amended.
Notes
286 | Added, 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.'" Enrolled bill numbered this as Section 10-821a; renumbered by Code editor. 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. |
(1) Definition.
Weapon. Any firearm as defined in Bill No. 2690, approved August 17, 1967 (1967 Ordinances, Page 896), and any other weapon as defined in Bill No. 544, approved August 26, 1968 (1968 Ordinances, Page 906).
(2) Prohibited Conduct. No person shall possess any weapon in any educational institutions except:
(a) private security guards;
(b) City, State or Federal law enforcement officers;
(c) State or Federal military forces on active duty;
(d) members of any reserve officers training corps, color guards and drill or rifle teams, when engaged in lawful organizational activities;
(e) any person authorized by law enforcement agencies to possess weapons.
(3) 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
287 | Added, 1969 Ordinances, p. 1287. 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. |
(1) Legislative Findings.
(a) The parking of motor vehicles in or upon private driveways has obstructed the movement of police patrol vehicles, fire and emergency apparatus and sanitation equipment essential to the health, safety and welfare of the public.
(b) The parking of motor vehicles in or upon private driveways creates a hazard to the safety of neighborhood children playing thereon.
(c) The obstruction of private driveways creates a hazard to persons and vehicles having a common right to use the driveways.
(2) Prohibited Conduct. No person shall park a motor vehicle or permit it to stand in or upon any driveway thereby preventing the ingress and egress of other persons or automobiles having a public or private right of ingress and egress in or upon the driveway.
(3) Penalties.
(a) Any person violating the provisions of this Section shall, upon summary conviction before the appropriate Court, pay a fine of six dollars ($6.00).
(b) The provisions of Chapter 12-2400 of The Philadelphia Code, relating to the towing of illegally parked or abandoned vehicles shall apply to any violation of this Section.
Notes
288 | Added, 1971 Ordinances, p. 1151. |
(1) Prohibited Conduct. No person who is neither employed by The School District of Philadelphia nor a student enrolled in The School system shall enter any premises of The School District of Philadelphia without the express consent of the person in charge of the premises. Failure to obtain consent within 15 minutes after entry on those premises shall be presumptive evidence of violation of this ordinance. Employees of The School District of Philadelphia and students within the system shall only enter school premises where they are regularly assigned unless expressly authorized to enter other premises of The School District by the person in charge of those premises.
(2) Exemptions. This ordinance shall not apply to:
(a) Any governmental official going on the premises within the scope of his official duties.
(b) Any person desiring to enter premises of the School District of Philadelphia who does not engage in any speech or other communication, demonstration, protest, confrontation or any other activity other than that necessary to seek consent to enter the premises.
(3) Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300) and imprisonment for not more than 90 days.
Notes
289 | Added, 1971 Ordinances, p. 363. |
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