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(1) No person, while driving, parked or in control of any vehicle, shall operate a radio, tape player or any other type of sound reproduction device, in any area within the City at a sound level which produces a sound audible at a distance of greater than twenty-five feet from the location of such radio, tape player or other sound reproduction device, unless such device is being used in connection with the holding of a public assembly for which a permit or license has been issued by the City.
Notes
| 172 | Added, 1993 Ordinances, p. 131; amended, 1993 Ordinances, p. 790. |
(1) No person shall cause or permit the engine of a motor vehicle to idle for longer than three minutes while parking, stopping or standing, except this prohibition shall not apply to:
(a) any vehicle if the ambient outside temperature is less than twenty degrees Fahrenheit (20°F);
(b) an Authorized Emergency Vehicle, including Public Utility vehicles engaged in emergency repair work and maintenance;
(c) vehicles engaged in road repairs performed by or on behalf of a governmental entity;
(d) vehicles which are being serviced; for which idling is part of that service;
(e) vehicles that must idle to operate auxiliary equipment, including, but not limited to, pumps, compressors and refrigeration units, but excluding vehicle heaters and air conditioners;
(f) vehicles enroute to a destination but stopped by traffic congestion; or
(g) a bus or truck idling at any terminal point along an established route (such a bus or truck is subject to the provisions of subsection 12-1127(2)).
(2) No person shall cause or permit the engine of a bus or truck to idle for longer than five (5) minutes while parking, stopping or standing at any terminal point along an established route, except that this prohibition shall not apply to:
(a) any bus or truck when the ambient temperature is forty degrees Fahrenheit (40°F) or less;
(b) a bus or truck enroute to a destination but stopped by traffic congestion; or
(c) a bus that pursuant to law must maintain a specific temperature for passenger comfort, provided that such a bus may idle in excess of five (5) minutes only to the minimum extent necessary to comply with such law.
(3) No person, while driving, parked or in control of a motor vehicle within any of the areas listed below, shall cause or allow noise, produced in any manner or form, to come from the motor vehicle at a sound level that is plainly audible at a distance greater than one hundred feet from the vehicle, unless such noise is being created in connection with the holding of a public assembly, parade or procession for which a permit or license has been issued by the City. This prohibition shall apply within the following areas: 174
(a) South Street District, which for purposes of this Section is defined as the area bounded by Lombard street on the north, Front street on the east, Bainbridge street on the south, and Eleventh street on the west.
(b) The Delaware River Entertainment District, which for purposes of this Section is defined as the area bounded by Berks street on the north, the Delaware River on the east, Oregon avenue on the south, and Second street on the west.
(4) Unless the violation is caused by a Nuisance Vehicle and is subject to penalties pursuant to Section 12-1136, any person who violates subsection 12-1127(3), after having received notice of a prior violation, shall be guilty of a separate offense of Repeat Violation. Notwithstanding anything to the contrary in Section 12-1128, the penalty for committing the offense of Repeat Violation shall be a fine of not more than three hundred dollars ($300), or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless of whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense. 175
Notes
| 173 | Added, 1993 Ordinances, p. 1196; amended, Bill No. 960747 (approved April 30, 1997). |
| 174 | Added, Bill No. 960747 (approved April 30, 1997); amended, Bill No. 230415-A (approved September 13, 2023). |
| 175 | Added, Bill No. 960747 (approved April 30, 1997); amended, Bill No. 230415-A (approved September 13, 2023). |
(1) The term Commercial Vehicle shall mean any vehicle used, constructed or equipped for the transportation of goods, wares, merchandise, tools or equipment in trade, commerce, repair or service work.
(2) Every commercial vehicle operating on the streets of the City shall at all times display permanently on both sides of the commercial vehicle in letters and numerals not less than three inches in height the name and address of the owner, and the type of business for which the vehicle is used. The name, address and telephone number of the owner and the type of business for which the Commercial Vehicle is used shall be printed on the vehicle or contained on signs affixed to the vehicle. 177
(a) These provisions shall not apply to the following vehicles:
(.1) Public Utility vehicles which have a clearly identifiable prominently displayed company logo.
(.2) Commercial vehicles which have markings that comply with the Federal Motor Carrier regulations, 49 C.F.R. § 390.21.
Notes
| 176 | Added, 1994 Ordinances, p. 748. Enrolled bill numbered this as Section 12-1126 in error; renumbered by Code editor. Section 3 of the Ordinance provides that it takes effect in 90 days. |
| 177 | Amended, Bill No. 1194 (approved December 28, 1995), 1995 Ordinances, p. 1413. |
(1) Any person violating the provisions of Sections 12-1101, 12-1114, 12-1115, 12-1116, 12-1119, 12-1121, and 12-1122 shall, upon summary conviction before a magistrate, pay a fine of fifty dollars ($50) together with costs of prosecution; except that persons violating Section 12-1118 shall pay a fine of three dollars ($3.00) together with costs of prosecution; except further, that persons violating any other provision of this Chapter (other than Sections 12-1113(3), 12-1120, 12-1123, 12-1124, 12-1126, 12-1127 and 12-1128) shall pay a fine of ten dollars ($10) together with costs of prosecution.
(2) Any person violating any of the provisions of Sections 12-1113(3), 12-1120, 12-1123, 12-1124, 12-1126, 12-1127(1), 12-1127(2), 12-1127(3) and 12-1128 shall be liable for payment of fines, costs and additional fees prescribed and assessed in accordance with the provisions of Chapter 12-2800 of this Title.
Notes
| 178 | Amended, 1966 Ordinances, p. 1165; amended, 1976 Ordinances, p. 879; amended, 1982 Ordinances, p. 1656; amended, 1989 Ordinances, p. 72; renumbered, 1991 Ordinances, p. 33; amended and renumbered, 1993 Ordinances, p. 790; amended and renumbered, 1993 Ordinances, p. 1196; amended and renumbered, 1994 Ordinances, p. 748; amended, Bill No. 518 (approved March 29, 1995), 1995 Ordinances, p. 156; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; amended, Bill No. 960747 (approved April 30, 1997). Bill No. 960747 numbered this as Section 12-1128; renumbered by Code editor. |
(1) Any police officer who discovers a vehicle upon any street of the City which is not registered as required under 75 Pa. C.S. § 1301, or which does not display a registration plate as required by 75 Pa. C.S. § 1332, or whose driver is not licensed as required by 75 Pa. C.S. § 1501 or which is not covered by financial responsibility as required by 75 Pa. C.S. § 1786, may seize or otherwise immobilize the vehicle to render it inoperable.
(2) Except as otherwise set forth in this Section, the procedures set forth in Chapter 12-2400 shall apply to the seizure or immobilization of a vehicle pursuant to this Section.
(3) When an impounded vehicle is returned to its owner, or any person on behalf of the owner, such person shall sign a receipt for the vehicle after furnishing satisfactory evidence of the person's identity, ownership of the vehicle (or agency on behalf of the owner), valid driver's license, registration and valid financial responsibility.
Notes
| 179 | Added, Bill No. 970 (approved May 1, 1995), 1995 Ordinances, p. 531. Enrolled bill numbered this as Section 12-1126; renumbered by Code editor. Section 3 of the Ordinance provides that this Section takes effect 90 days after the effective date of any legislation amending the Vehicle Code to permit the City to seize vehicles. See Act of July 2, 1996, P.L. 535, No. 93, § 5, 75 Pa. C.S. § 6309.2, as amended. |
(1) Definitions.
Department means the department or departments designated by the Mayor to administer the provisions of subsection 12-1131(3)(b)(.3).
Electric Vehicle is any motor vehicle that receives motive power from a battery or other storage device that receives electricity from an external source such as a charger, and includes a Plug-in Hybrid Electric Vehicle.
Electric Vehicle Charger is a device which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle.
Electric Vehicle Parking Space is any legally marked parking space that identifies the use to be designated as exclusively reserved for Electric Vehicles only from 6:00 p.m. to 6:00 a.m., and non-electric vehicles for no more than two (2) hours at a time between the hours of 6:00 a.m. and 6:00 p.m., and states that violators are subject to a fine and removal of their vehicle. 181
Non-Electric Vehicle is any motor vehicle that does not meet the definition of "Electric Vehicle".
Plug-in Hybrid Electric Vehicle is any motor vehicle that combines a conventional propulsion system with an on-board rechargeable energy storage system. The different propulsion power systems in the Plug-in Hybrid Electric Vehicle may have common subsystems or components.
(2) Electric Vehicle Parking Spaces – Generally.
(a) Electric vehicle parking spaces are reserved for parking electric vehicles only.
(b) Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c) This Section shall not apply to parking provided in private parking lots for residential or commercial uses.
(3) Designation of Electric Vehicle Reserved On-Street Parking Space.
(a) After an investigation determining need has been performed through the Philadelphia Parking Authority with the information set forth in subsection (3)(b) and the Parking Authority has approved of use of the location for practicality and feasibility of traffic operations, the Philadelphia Parking Authority may designate a reserved on-street parking space for electric vehicles. Such a reserved space shall not be designated at any location where parking is otherwise prohibited by law.
(b) When applying for a reserved on-street parking space for the exclusive use of electric vehicles, at least the following information shall be supplied by the applicant to the Philadelphia Parking Authority and, in part, shall be used as criteria for determining the appropriate location for a reserved space for electric vehicles:
(.1) a Pennsylvania Department of Transportation Vehicle Registration indicating that the vehicle is owned or leased by an individual who is a resident of the address at which the reserved parking space is sought;
(.2) proof that the owner of the property at which the reserved parking space is sought, if such person is not the applicant, consents to the application;
(.3) documentation of approval from the Department for the installation of an electrical vehicle charger at the curb immediately adjacent to the electric vehicle parking space, pursuant to any requirements established by the Department by regulation in connection with such approval, including an administrative fee;
(.4) the written consent of an adjacent neighbor if the Philadelphia Parking Authority determines that it is necessary for the reserved parking zone to extend in front of that neighbor's property;
(.5) any other information which the Philadelphia Parking Authority may require.
(c) The Streets Department shall cause appropriate signs and marking to be placed in and around electric vehicle parking spaces, indicating prominently thereon the parking regulations. The signs shall state that the parking space is reserved for the exclusive use of electric vehicles from 6:00 p.m. to 6:00 a.m., non-electric vehicles shall be authorized to park in the electric vehicle parking space for no more than two (2) hours between the hours of 6:00 a.m. and 6:00 p.m., and that violators are subject to a fine and removal of their vehicle. 182
(d) Notwithstanding the provisions of this subsection (3), the Parking Authority shall designate no additional electric vehicle parking spaces. 183
(e) All existing electric vehicle parking spaces shall be eligible for renewal as long as the permittee owns or leases an electric vehicle until January 1, 2033. Permits for electric vehicle parking spaces are nontransferable through January 1, 2033 and will only be eligible for renewal by the existing permit holder. The permittee must update the Philadelphia Parking Authority about any vehicle ownership or leasing changes by submitting a Pennsylvania Department of Transportation Vehicle Registration indicating that the vehicle is owned or leased by the permittee. 184
(f) If the permittee ceases to reside at the address for which an electric vehicle parking space was established prior to January 1, 2033, the electric vehicle parking space will be discontinued and all related signs and marking shall be immediately removed. The permittee shall be responsible for promptly removing the electric vehicle charger and for restoring the area to its former condition. 185
(g) All remaining signs and marking placed in and around electric vehicle parking spaces shall be removed by the Department of Streets on or immediately after January 1, 2033, and the former permittee shall be responsible for promptly removing the electric vehicle charger and for restoring the area to its former condition. 186
(h) If a permittee fails to comply with subsection 12-1131(3)(f) or a former permittee fails to comply with subsection 12-1131(3)(g) as directed, in addition to any other remedy authorized by this Chapter, the Department of Streets is authorized to abate the violation by removing the electric vehicle charger from the area and restoring the area to its original condition. The permittee or former permittee shall be liable for the costs of such removal and restoration, including administrative costs, and the Law Department may take action to collect such costs by lien or any other method permitted by law. 187
(i) No electrical vehicle charger, as defined in subsection 11-601(8), shall be allowed on any sidewalk within the City of Philadelphia on and after January 1, 2033 unless a permit has been obtained from the Department of Licenses and Inspections with the approval of the Department of Streets in accordance with subsection 11-604(10). 188
(a) Any person violating any of the provisions of Section 12-1131 shall be liable for payment of fines, costs and additional fees prescribed and assessed in accordance with the provisions of Chapter 12-2800 of this Title.
(b) In addition to the payment of fines, costs and additional fees, a person who has parked in violation of this Section, is subject to having the vehicle removed by any person authorized by and subject to the requirements of the Chapter 12-2400 of The Philadelphia Code.
Notes
| 180 | Added, Bill No. 070788 (approved November 15, 2007). |
| 181 | Amended, Bill No. 180218 (approved April 20, 2018). |
| 182 | Amended, Bill No. 170093-A (became law April 20, 2017). |
| 183 | |
| 184 | |
| 185 | Added, Bill No. 180218 (approved April 20, 2018). |
| 186 | Added, Bill No. 180218 (approved April 20, 2018). |
| 187 | Added, Bill No. 180218 (approved April 20, 2018). |
| 188 | Added, Bill No. 180218 (approved April 20, 2018). |
| 189 | Renumbered and former subsection (4) deleted, Bill No. 180218 (approved April 20, 2018). |
(1) Legislative Findings. The Council of the City of Philadelphia finds:
(a) The City of Philadelphia is the largest city in the Commonwealth of Pennsylvania and the sixth- largest city in the United States.
(b) As a result of its large and dense population, the City of Philadelphia experiences significant motor vehicle and pedestrian traffic within its boundaries.
(c) Philadelphia has consistently been named as one of the most walkable cities in the United States and this bill will protect the health, safety and welfare of pedestrians, bicyclists, skateboarders and inline skaters.
(d) Mobile telephone usage has continued to increase in popularity in the United States.
(e) Studies show:
(.1) Mobile phone usage while driving increases the likelihood of a crash fourfold;
(.2) Drivers operating motor vehicles while using a mobile phone are as impaired as drivers with an eight one-hundredths of one percent (0.08%) blood alcohol level – the level that defines drunk driving in most states;
(.3) The act of dialing a mobile phone is the most dangerous part of making a mobile phone call while operating a motor vehicle;
(.4) The cost of crashes caused by mobile phone usage while operating a motor vehicle is estimated at $43 billion annually.
(f) Text messaging, instant messaging, web browsing and other mobile phone technologies are becoming increasingly popular and present an additional danger to motor vehicle operators.
(g) Studies show:
(.1) The use of text messages has increased over one thousand percent (1,000%) from June of 2005 to June of 2007.
(.2) Today, Americans send and receive more text messages per month than phone calls.
(h) The use of mobile phones while operating a motor vehicle, skateboard, inline skates or bicycle poses a great risk to the health, safety and welfare of the operator of those vehicles, as well as pedestrians.
(i) Requiring the use of a hands-free device for mobile phones while operating a vehicle within the City of Philadelphia is necessary to protect the health, safety and welfare of the citizens of Philadelphia.
(j) Failure to use a hands-free device for a mobile phone while operating a vehicle within the City of Philadelphia shall constitute a violation of The Philadelphia Code.
(2) Definitions.
(a) Hands-free device shall mean an external device that connects to a mobile telephone or wireless communication device that allows the user to engage in a call without touching the user's telephone or wireless communication device.
(b) Street shall have the same meaning as stated in subsection 12-102(16) of this Chapter.
(c) On-board communications device shall mean a communications system or device that is hard-wired into the motor vehicle.
(3) Prohibited Conduct. No person shall use a mobile telephone or wireless communication device in any way, including for voice communication, messaging or emailing:
(a) while operating a motor vehicle on any Street within the City;
(b) while using a skateboard, scooter, inline skates or bicycle on any Street within the City.
(4) Exceptions.
(a) Persons using a hands-free device for voice communication, provided that such person does not touch the mobile telephone or wireless communication device connected to such hands-free device while operating or using the vehicle, except as permitted under subsection (c).
(b) Persons using a mobile telephone for voice communication to call "911" in an emergency, or to report a traffic accident or unsafe driving by another motorist.
(c) Persons using a mobile telephone or wireless communication device while maintaining a motor vehicle in a stationary position in a parking lane or space out of moving traffic lanes, and not in gear.
(d) Persons using on-board communications device for non-personal communication in the course of ordinary business in their employment with a City, State or Federal agency or authority.
(5) Penalties.
(a) The penalty for a violation of this Section shall be a fine of not less than one hundred fifty dollars ($150), nor more than three hundred dollars ($300). In lieu of payment of such fine, a person who receives a notice of violation of this Section may, within 10 days of receipt of such notice, pay seventy-five dollars ($75), pursuant to the procedures set forth in Section 1-112 of The Philadelphia Code.
Notes
| 190 | Added, Bill No. 080645-A (approved April 29, 2009). Expressly preempted by amendments to the Vehicle Code at 75 Pa. C.S. § 3316(e). See Act of November 9, 2011, P.L. 406, No. 98 (effective March 8, 2012). |
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