§ 10-409. Orders. 94

   (1)   Except as otherwise provided, and subject to the provisions of the Charter, whenever the Department of Public Health determines the existence of a violation of this Chapter, or any regulations adopted hereunder, the Department may, in addition to any other remedy available at law or equity, enter an order against the person or persons responsible for the violations requiring such action or forbearance from action as the Department determined necessary to correct the violation.

   (2)   All such orders shall be in writing and shall be served on the person from which action, forbearance, or compliance is required, except that where the Department of Public Health finds willfulness or a menace to public health requiring immediate corrective action, such orders may be oral in the first instance.

   (3)   Any person to whom such an order is directed or from whom any action, forbearance or compliance is in any way required shall comply with such order within such period of time as the Department of Public Health may therein prescribe.

   (4)   While an appeal from an order, as hereunder provided, is pending, compliance with such order shall not be required unless the Department of Public Health finds, and certifies in writing in such order, that immediate compliance is necessary to protect the public health. The pendency of an appeal from any order shall not operate to bar or stay proceedings in any court for the imposition of a penalty under subsection 10-405(2)(b) to prevent, restrain or abate violation of the provisions of the order where the order contains a certification that immediate compliance is necessary to protect the public health.

   (5)   Any person who is aggrieved by an order directed to him or requiring any action, forbearance or compliance from him may request and receive a prompt administrative hearing before the Health Commissioner, or any representative specifically designated by him, provided that such request for hearing is made in writing within 5 days from the receipt of such order.

 

Notes

94	Renumbered, Bill No. 030682 (approved December 31, 2003).

§ 10-410. Powers Reserved to the Department Under Existing Laws. 95

   (1)   Nothing in this Chapter shall limit in any way whatever the powers conferred upon the Department by the Air Management Code or any other Code of the City.

   (2)   All ordinances previously adopted, or regulations adopted under previous authority, to control noise or excessive vibration, which are not contrary to this Chapter, shall continue in force until revised, repealed, or new regulations relating to the same subject matter are adopted pursuant to this Chapter.

 

Notes

95	Renumbered, Bill No. 030682 (approved December 31, 2003).

§ 10-411. Severability. 96

   The provisions of this Chapter are severable and if any provision, sentence, clause, Section or part thereof shall be held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, Sections or parts of the Chapter or their application to him or to other persons and circumstances. It is hereby declared to be the legislative intent that this Chapter would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, Section or part had not been included therein, and if the person or circumstances to which the ordinance or any part thereof is inapplicable had not specifically been exempted therefrom.

 

Notes

96	Renumbered, Bill No. 030682 (approved December 31, 2003).

§ 10-412. Enforcement of Motor Vehicle Noise Violations. 97

   (1)   Notwithstanding any provision to the contrary in this Chapter 10-400, violations of subsection 10-403(14) ("Sound Emanating from a Motor Vehicle") may be enforced using an Automated Vehicle-Noise Enforcement System.

   (2)   An Automated Vehicle-Noise Enforcement System or Automated System means a system using one or more stationary cameras and decibel-meters or similar equipment to record images and establish meter readings in connection with a vehicle in a manner capable of demonstrating a violation of subsection 10-403(14).

   (3)   Such department as may be designated by the Managing Director shall select the locations for placement of such cameras and meters and manage the purchase, supply, installation and management of such equipment.

   (4)   Upon an agreement entered into between the City and the Philadelphia Parking Authority, the Parking Authority shall supervise and coordinate the administration of notices of violation issued under this Chapter. Upon execution of such an agreement, and except as otherwise provided in this Section, all aspects of administration and enforcement set forth in Chapter 12-2800 ("Administrative Adjudication of Parking Violations") of this Code in connection with parking violations generally, including the manner of response and appeal to violation notices, shall apply to violation notices issued through such an Automated System as is such violation were a parking violation.

   (5)   Delinquent tickets pursuant to such system shall be treated in the same manner as a delinquent parking ticket for purposes of the boot and tow provisions of subsection 12-2405(1)(c.1)  98 of the Code ("Removal or Immobilization of Parked Vehicles; Notice").

   (6)   Fines and penalties for violations of enforced pursuant to this system shall be as provided under Section 12-2809 of the Code ("Civil Penalties and Costs") for a violation of Section 12-1126 of the Code (identified therein as "Excessive Noise").

   (7)   Notices of violation pursuant to the System shall be mailed to the registered owner of the vehicle. The Parking Authority shall prepare and mail a notice of violation addressed to the registered owner of the vehicle identified as violating subsection 10-403(14) based on images and meter recordings produced by the system. The notice of violation must include:

      (a)   the name of the registered owner of the vehicle;

      (b)   the registration number and state of issuance of the vehicle registration;

      (c)   the date, time and place of the violation;

      (d)   identification of the violation under subsection 10-403(14) of the Code;

      (e)   an attestation, based on review of the applicable camera images and meter reading data by a police officer or other duly authorized employee of the City that the officer has inspected the recorded images and meter reading evidencing the violation and that the officer reasonably believes the information contained in the notice of violation to be true and correct.

      (f)   a copy of the recorded image(s) showing the vehicle and record of the meter reading data, with date and time stamp;

      (g)   the date on which the notice was mailed;

      (h)   the fine for the violation; and

      (i)   instructions for return of the notice of violation, including method of paying fines, deadlines for response, and identification of penalties that may accrue for failure to respond.

   (8)   The notice of violation shall be sent by first-class mail within thirty (30) days after the commission of the violation or within thirty (30) days after the discovery of the identity of the registered owner, whichever is later, to the address of the registered owner as listed in the records of the Department of Transportation or other agency with responsibility for maintaining vehicle registrations in the jurisdiction in which the vehicle is registered. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any judicial or administrative proceeding as to the facts contained therein.

 

Notes

97	Added, Bill No. 210870 (approved September 13, 2022).
98	Enrolled bill read "Section 12-1205(1)(c.1)"; reference corrected by Code editor.