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(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. |
(1) Definitions.
(a) Stun Gun. Any device designed or intended by the manufacturer to be used to temporarily immobilize or incapacitate a person by means of electric pulse or current, including devices operating by means of carbon dioxide propellant; also known as an electric or electronic incapacitation device.
(2) Prohibited Conduct.
(a) No person under eighteen (18) years of age shall own, use, possess, sell or otherwise transfer any "stun gun".
(b) The parent, legal guardian or other legally responsible adult of any child under the age of eighteen (18) years who violates subsection 10-825(2)(a) shall be in violation of this Section and shall be responsible for payment of any fines assessed against the adult's minor child.
(c) No person shall sell, transfer or otherwise provide a stun gun to a person under the age of eighteen (18) years.
(3) Nothing in this Section is intended to lessen or weaken any additional restrictions imposed by State law relating to stun guns.
(a) Any person violating subsection 10-825(2)(a) or (b) of this Section shall be subject to a fine of not more than five hundred dollars ($500);
(b) Any person violating subsection 10-825(2)(c) hereof shall be subject to a fine of not more than two thousand dollars ($2,000).
(c) The procedures set forth in Section 1-112 of this Code shall not apply to violations of subsection 10-825(2)(c) of this Section. Such procedures shall apply to violations of subsections 10-825(2)(a) and (b), but the amount to be remitted under subsection 1-112(3) shall be not less than one hundred fifty dollars ($150).
Notes
| 290 | Added, 1977 Ordinances, p. 349; amended, Bill No. 170674-A (approved November 13, 2017). |
| 291 | Enrolled bill failed to renumber subsection; renumbered by Code editor. |
(1) No person shall knowingly sell, offer, deal in, transfer, give, or lend to any minor, nor shall any minor use or possess, any instrument or weapon of the kind commonly known as:
(a) nunchaku, manriki, zoobow, dagger, martial art spikes, dirk, stiletto, billy, jutte; or
(b) cestus or sap glove or similar leather studded band with metal fillings; or
(c) razor blade or razor blades imbedded in wood; or
(d) any type of throwing knives, including, but not limited to, gravity, palm, thro, tanto, or butterfly knives; or
(e) Shuriken or any instrument without a handle consisting of a metal plate having three or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for throwing; or
(f) a cord or wire used for strangling, sometimes called a garrote; or
(g) any knife or sword with a double edged blade.
(2) Subsection (1) shall not apply to the possession and use of any weapon or instrument by a minor on the premises of a school which holds a regulatory or business license and teaches the art of self-defense, nor to the possession by a martial arts student, as evidenced by their holding an item of identification certifying that they are members of a martial arts club or school.
(3) Any weapon or instrument in subsection (1) sold to or possessed by a minor in circumstances not set forth in subsection (2), shall be confiscated and delivered into law enforcement departmental custody.
(4) The penalty for each 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.
(5) A "minor" under this Ordinance includes all persons under the age of eighteen (18) years.
(6) If any Section, subsection, clause, sentence, phrase or item is found to be unlawful by reason of other superior laws of the United States or the Commonwealth of Pennsylvania, such a determination shall not affect the validity of the remaining portions of this Section 10-826.
Notes
| 292 | Added, 1986 Ordinances, p. 272. |
(1) The owner of any building, house, condominium, condominium unit or other structure to which a number has been assigned by the Board of Revision of Taxes pursuant to subsection 19-1304(2) shall prominently display such number on such building, house, condominium, condominium unit or other structure.
(2) The penalty for a violation of this Section shall be a fine not exceeding three hundred dollars ($300). No action to enforce this Section with respect to a particular property shall be taken except in conjunction with action to enforce some other provision of The Philadelphia Code, or regulation promulgated pursuant thereto, with respect to the property in question.
Notes
| 293 | Added, Bill No. 809 (approved March 14, 1995), 1995 Ordinances, p. 149. Ordinance provides that it takes effect 90 days after it becomes law. |
(a) Smart gun. 296 A firearm which incorporates within its design, and as part of its original manufacture, technology which cannot be readily deactivated and which automatically limits the firearm's operational use so that it may only be fired by the particular individual to whom it is sold, or an immediate family member or Life Partner of that individual who is the legal age to purchase a firearm. Such technology may include, but is not limited to, touch memory, automated fingerprint identification systems, and other automatic user identification systems utilizing biometrics, mechanism, and electronic systems.
(b) Direct and consequential damages. Such damages shall include but not be limited to reasonable and necessary medical expenses, diminution of earning capacity, pain and suffering including mental suffering and emotional distress, loss of consortium, and in the case of death those enumerated in 42 Pa. C.S. § 8301 (wrongful death).
(c) Firearm. Any pistol or revolver with a barrel less than 12 inches, any shotgun with a barrel less than 24 inches, or any rifle with a barrel less than 15 inches.
(2) Strict liability. Beginning four years after the date this Section became law, any person (including, but not limited to, any registered or licensed firearms manufacturer or dealer) who manufactures, transports, sells, exposes for sale, possesses for sale, assigns or transfers any firearm shall be liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from the bodily injury or death if the bodily injury or death results from the discharge, within this City of Philadelphia, of the firearm, unless the firearm is a smart gun.
(3) Exceptions. This Section shall not apply to firearms originally distributed to officers of law enforcement agencies, members of the armed forces of the United States, or any other person who is authorized by law to acquire, possess or carry a firearm and is acting within the scope of his or her duties.
(4) Effect on other law. This Section does not serve to limit any cause of action, other than that provided by this Section, available to a person injured by a firearm. Any defense that is available in a strict liability action shall be available.
Notes
| 294 | Added, Bill No. 990289 (approved June 28, 1999). 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. |
| 295 | Enrolled Bill No. 990289 designated this as subsection (a) and numbered the definitions as (.1), (.2) and (.3); subsection and definitions renumbered by Code editor. |
| 296 | Amended, Bill No. 130224 (approved May 8, 2013). |
§ 10-829. Prohibition on Sale of Box Cutters and Similar Utility Knives to Persons Under the Age of Eighteen. 297
(1) It shall be unlawful for any person to sell, or offer for sale, any box cutter or utility knife, razor or blade designed to be used in conjunction with a box cutter or utility knife, to any person under eighteen (18) years of age. For the purpose of this Section the terms "box cutter" and "utility knife" shall mean any tool or implement sold for the primary purpose of cutting, which contains a knife, razor or blade which is either fixed in position or retracts upon moving a release mechanism.
(2) No person who sells or offers for sale box cutters or utility knives shall place such box cutters or utility knives on open display so that such implements are accessible to the public without the assistance of the person offering such implement for sale, or his or her employee.
(3) The penalty for any person who violates the provisions of this Section is a fine of not more than three hundred dollars ($300).
Notes
| 297 | Added, Bill No. 000149 (approved May 31, 2000), effective 30 days following enactment. Enrolled bill numbered this as Section 10-828; renumbered by Code editor. |
§ 10-830. Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm. 298
(1) Definitions.
(a) Application. An Application for a license to carry a firearm concealed in a vehicle or one about the person of an individual as described in 18 P.S. § 6109.
(b) Firearm. Any rifle, pistol, revolver, gun or shotgun.
(c) Police Department. The Philadelphia Police Department.
(2) Reporting Requirements.
(a) The Police Department, upon reviewing an Application, in a form designed by the Police Department, shall require the applicant to provide the following information upon the processing of an Application:
(.1) The name, address, occupation, place of birth of the applicant, date and hour of the application, the caliber, length of barrel, make, model and manufacturer's number of and type of all guns registered with the Commonwealth of Pennsylvania, at the home, business or any other property leased, owned by the applicant or under the control or access of the applicant, at the time of the application.
(b) This information shall be provided to the Police Department in a form designed by the Police Department, every year, within sixty (60) days from one year of the original date of application that the applicant has a valid license to carry a firearm concealed in a vehicle or one about the person of an individual.
(.1) In the event that the applicant no longer owns the firearm, the applicant shall within one year of the date of the original application for a concealed weapon, update the information provided in the form provided by the Police Department.
(3) Exemption.
(a) This Ordinance shall not apply to:
(.1) employees of the Police Department and the Philadelphia Sheriff's Department;
(.2) retired former employees of the Police Department with respect to weapons they purchased with personal funds and which they were authorized to use in the line of duty during their period of employment with the Police Department;
(.3) any person who falls into any of the exceptions in 18 Pa. C.S. § 6106(b).
(b) The Police Department shall, by regulation, specify procedures whereby persons permitted to own concealed firearms 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 Police Department to defray the cost of such certification process.
(4) Penalties. Any person who violates any provision of this Section shall, in addition to other penalties provided, shall pay a fine of not more than three hundred dollars ($300).
Notes
| 298 | Added, Bill No. 000659-A (approved January 23, 2001). Enrolled bill numbered this as Section 10-828; 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. |
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