The following definitions shall apply to this Chapter.
(1) Chronic Nuisance Business. A business with respect to which a business owner has been issued a notice concerning nuisance behavior under this Chapter on three (3) or more separate days during any twelve (12) month period.
(2) Adequate Remedial Measures. Specific, verifiable actions taken by a business owner that are substantially likely to reduce, eliminate or prevent recurrence of the nuisance behavior or serious violent behavior at issue.
(3) Nuisance Behavior. Behavior that interferes with the health, safety or welfare of the community, including, but not limited to, the following:
(a) Illegal consumption or sale of alcoholic beverages;
(b) Illegal drug activity;
(c) Unlawful street or sidewalk obstruction;
(d) Gambling and illegal gaming activities;
(e) Public urination or defecation;
(f) Litter in the right-of-way, including the sidewalk or street;
(g) Prostitution;
(h) Owning, operating or conducting a vehicle chop shop in any building or structure, including a lot or curtilage, for the purpose of dealing in stolen vehicles or stolen vehicle parts or illegally obtaining and altering vehicles or vehicle identification numbers of vehicle parts;
(i) Vehicles parked on the sidewalk;
(j) Use of street parking spaces or sidewalk for open storage, sale, or rental of goods, or storage or repair of inoperable vehicles;
(k) Unlicensed or unlawful firearms possession by a patron;
(l) Short dumping;
(m) Unlawful junk dealer operations;
(n) Disorderly conduct and related behavior;
(o) Conduct that violates the provisions of the Pennsylvania Liquor Code (47 P.S. §§ 1-101 et seq.) pertaining to unlawful acts relative to liquor and licensees (47 P.S. § 4-493);
(p) Obstruction of an investigation of nuisance behavior;
(q) Repeated or continuing violations of any other City ordinance and/or regulations;
(r) Any other activity that constitutes a public nuisance under The Philadelphia Code.
(4) Business Owner. Any person who owns, manages, operates or controls a business.
(5) Critical Nuisance Business. A business with respect to which a business owner has been issued a notice concerning serious violent behavior or obstruction of an investigation of serious violent behavior.
(6) Serious Violent Behavior. Conduct that would constitute any of the following offenses as defined in the Pennsylvania Crimes Code (18 Pa. C.S. §§ 101 et seq.): homicide; murder; aggravated assault; rape; or sexual assault.
(7) Nuisance Business. Any business that is determined to be a chronic nuisance business or critical nuisance business.
(8) Obstruction of an Investigation. Any obstruction of, interference with or other impediment of the investigation of nuisance behavior or serious violent behavior by a business owner or an employee or agent of the business.
Notes
| 1373 | Amended, Bill No. 230271 (approved July 5, 2023). |