The Council finds that:
(1) Seeking or obtaining reproductive health care is a fundamental matter of individual privacy that deserves protection.
(2) Reproductive health care providers cannot reasonably be expected to render quality services nor can patients reasonably be expected to give informed consent when third parties create an environment of disruption, coercion and disturbance at Reproductive Health Care Facilities, or when third parties interfere with access to such services.
(3) The City of Philadelphia has become a focal point of many blockades of Reproductive Health Care Facilities. From 1990 to 1991 the percentage of blockades increased by forty percent (40%).
(4) These actions have required, inter alia, massive deployment of civil and uniformed police and sheriff's buses at an incalculable cost to the City.
(5) The intentional obstruction of access into and out of Reproductive Health Care Facilities threatens the health and safety of staff and patients seeking reproductive health care counseling and treatment.
(6) Pursuant to § 906(1)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. § 5304(1)), continued blockades with limited or ineffective police intervention jeopardize Philadelphia's receipt of Community Development Block Grants which in 1992 amounted to fifty-four million dollars ($54,000,000).
(1) Person. Any individual with the exception of the following:
(a) the chief executive officer of the Reproductive Health Care Facility, medical center or doctor's office;
(b) a designee or agent of the chief executive officer of the Reproductive Health Care Facility, medical center or doctor's office;
(c) Any law enforcement officer.
(2) Physically. As used in this Chapter, the term "physically" does not include speech.
(3) Reproductive Health Care Facility. Any health care facility, medical center or doctor's office that provides treatment information and/or advice for pregnancy, contraception or abortion as permitted by law.
(1) No person or persons shall intentionally prevent an individual from entering or exiting a Reproductive Health Care Facility by physically:
(a) detaining the individual; or
(b) obstructing, impeding, or hindering the individual's passage.
(2) Nothing herein shall be construed to interfere with picketing in conjunction with labor disputes (as defined in 43 P.S. § 206C(c)) involving Reproductive Health Care Facility employee-employer relations.
(1) Any person violating the provisions of this ordinance shall upon conviction for a first offense pay a fine of one hundred dollars ($100) and/or be imprisoned for no less than ten (10) days, as well as pay all court costs.
(2) Any person found guilty of violating the provisions of this ordinance for a second time shall pay a two hundred dollar ($200) fine and/or be imprisoned for no less than twenty (20) days, plus all court costs.
(3) For the third and each subsequent violation of this ordinance, the penalty shall be a three hundred dollar ($300) fine and/or imprisonment of no less than thirty (30) days and no more than ninety (90) days, plus all court costs.
(4) Any fine or costs imposed by the court shall be entered as a judgement against the violator.
(5) In the event that the Court exercises its discretion to fine rather than incarcerate a person found to have violated this ordinance, the Court shall order that the fine be paid within ten (10) days, and that the failure to pay such a fine within that period will result in incarceration for at least ten (10) days.