TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY

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1 TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY Chapter Animals Definitions Administrative Provisions Licensing and Rabies Vaccination Kennels Animals Running at Large and Vicious Animals Dog Fighting Vicious Animals in Playgrounds Animals Committing Nuisances Wild Animals Raccoons Maintenance and Operation of Stables for Horses Rental and Carriage Horses Sterilization of Dogs and Cats; Records Feeding Pigeons Killing Birds Keeping Farm Animals Sale of Horse Meat Animal Care Requirements for Animal Owners and Kennels Penalties and Sanctions Severability. Chapter Ethnic Intimidation and Institutional Vandalism Definitions Prohibited Conduct Penalties Private Rights of Action. Chapter Minors Legislative Findings Definitions Unlawful Conduct of Minors Unlawful Conduct of Parents Unlawful Conduct of Owners or Operators of Establishments Enforcement and Penalties Parental Responsibility for Minor Children Solicitations of Contributions in the Roadway by Minors Daytime Curfew. Chapter Noise and Excessive Vibration Legislative Findings Definitions Prohibited Conduct Enforcement Additional Powers and Duties of the Department of Public Health Penalties Powers and Duties of the Board of Health Inspection Orders Powers Reserved to the Department Under Existing Laws Severability. Chapter Property Damaging, Defacing and Interfering With Prohibited Conduct Penalties. Chapter Public Places Prohibited Conduct Spitting Smoking Loitering Alcoholic Beverages Food or Beverage on Vehicles of Public Transportation Penalties Discrimination Based on Economic Status Solicitation of Prostitution.

2 Public Urination or Defecation Skateboarding, Rollerblading and Bicycling on Public Property Sidewalk Behavior Gambling Concealed Identities. Chapter Refuse and Littering Definitions Litter in Public Places Placement of Litter in Receptacles Litter on Sidewalks Sweeping Litter Into Gutters Litter Thrown from Vehicles Trucks Causing Litter Litter in Parks Litter in Lakes and Fountains Dumping of Debris and Short Dumping Reward Program for the Provision of Information Regarding Short Dumping Placing Commercial and Non-Commercial Handbills on Vehicles Dropping Litter from Aircraft Litter on Private Premises Owner to Maintain Premises Free of Litter Litter on Vacant Lots Clearing of Litter from Open Private Premises by City Source Separation, Collection, and Disposal of Refuse Eligibility for Municipal Collection and Fees for Neighborhood Sanitation and Cleaning Services Enforcement Penalties Snow Removal from Sidewalks Signs Use of Dumpsters Distribution of Commercial and Non-Commercial Handbills on Sidewalks, Streets, and Private Property Required Conduct Prohibited Conduct Commercial Sector Waste Management and Recycling Adopt-a-Block Programs Disposal of Curbside Refuse, Rubbish, Garbage and Recyclable Materials. Chapter Safety Abandoned Iceboxes Building Activities in Streets Excavations and Obstructions False Reports or Alarms for Police or Fire Services Hoisting Heavy Objects Reviewing Stands Construction Reserved Reserved Water Control Weapons and Dangerous Devices Penalties Removal and Abandonment of Shopping Carts Reserved Acquisition or Transfer of Firearms a. Acquisition or Transfer of Firearms Hunting Incendiary Devices Police and Fire Radio Broadcasts Firearms in Public Places State of Emergency Cutting Weapons in Public Places Reserved a. Contraband Weapons, Accessories and Ammunition b. Contraband Weapons, Accessories and Ammunition Carrying of Weapons in or on Public and Private Buildings Driveways Unauthorized Entry on School Premises.

3 Stun Guns Sale to or Possession by Minors of Dangerous Martial Arts Weapons and Instruments Display of Building Numbers Strict Liability for Damages Caused by Certain Firearms Prohibition on Sale of Box Cutters and Similar Utility Knives to Persons Under the Age of Eighteen Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm a. Reporting Requirements Upon the Application for or Renewal of a License to Carry a Firearm Straw and Multiple Handgun Purchase Reduction a. Straw and Multiple Handgun Purchase Reduction Firearms Tracing Possession of Weapons on School Property Responsibility to Avoid Possession and Discharge of Firearms by Children Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders a. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders Temporary Removal of Firearms of Persons Posing a Risk of Imminent Personal Injury to Self or Others a. Temporary Removal of Firearms of Persons Posing a Risk of Imminent Personal Injury to Self or Others Sale or Transfer of Ammunition Failure to Report Lost or Stolen Firearm a. Failure to Report Lost or Stolen Firearm Reporting Requirements for Lost or Stolen Vehicles. Chapter Criminal Registration Legislative Findings Definitions Registration Photographing and Fingerprinting Confidential Records Penalties. Chapter Fees Fees of Commissioner of Records Sheriff's Fees. Chapter Obscenity Legislative Finding and Purpose Definitions Prohibited Conduct Enforcement Penalties Severability. Chapter A. Development in Defined Flood Plain Areas (Repealed) Chapter Posting of Signs Definitions Prohibited Conduct Posting of Prohibited Signs Enforcement and Penalties Regulations Severability. Chapter Display of Objectionable Publications and Materials Definitions Prohibited Conduct Penalties. Chapter "Tailgating" and Related Activities in the Outdoor Public Parking Lots at the Philadelphia Sports Complex Definitions Prohibited Activities Powers and Duties of The Department of Public Property Enforcement Penalties. Chapter Interference with Access to Reproductive Health Care Facilities Legislative Findings Definitions Prohibited Conduct Penalties. Chapter Conduct in Public Places of Assembly; Administrative Adjudication of Violations Legislative Findings Definitions Prohibited Conduct Powers and Duties of the Director of Finance.

4 Functions, Powers and Duties of the Bureau of Administrative Adjudication Issuance and Service of Violation Tickets Answer Hearings Administrative Review Civil Penalties and Costs. Chapter Use of Surveillance Tapes in Commercial Businesses Legislative Findings Definitions Requirements Penalties Severability. Chapter Vicarious Liability for Student Conduct Definitions Vicarious Liability Penalties. Chapter Witness Intimidation Definitions Intimidation of Witnesses or Victims Prohibited Penalties Definitions. 2 CHAPTER ANIMALS 1 {Recent Amendment} {Recent Amendment} In this Chapter the following definitions apply: Adult Dog or Cat. Shall mean any dog or cat at least seven (7) months of age. Animal. Shall include any description of vertebrate excluding only Homo sapiens. Animal Control Agency. Such agency or agencies as the Managing Director shall designate pursuant to Section of the Home Rule Charter, or such agency as otherwise provided for under the Home Rule Charter, with responsibility for the administration and enforcement of the provisions of this Chapter. Animal Control Officer. Shall mean any person authorized by the Animal Control Agency to enforce this Chapter, whether employed directly by such agency or not. Animal Retailer. A person in the business of selling dogs or cats to the ultimate owners of such dogs or cats, including but not limited to a pet shop kennel under the Dog Law, and a dealer, to the extent such dealer engages in the retail sale of dogs or cats. Animal Shelter. Shall mean any facility operated, owned or maintained by a duly incorporated humane society, animal welfare society or other non-profit organization or by or under contract with the City whose purpose is to provide for and promote the welfare, protection, and humane treatment of animals or for the purpose of impounding seized, stray, homeless or unwanted dogs, cats, or other animals. Boarding Kennel. A boarding kennel as defined under Section 102 of the Dog Law (3 P.S ), except that a boarding kennel under this Chapter shall also include boarding kennels that house domesticated cats. Carriage Horse. Shall mean any horse which is used by its owner or other person to pull any vehicle, carriage, sled, sleigh, wagon or other device. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed a carriage horse for the purposes of this Chapter. Commercial Stable. Shall mean any stable operated for profit which accommodates horses for breeding, boarding, training, riding, sale and rental. Dealer. A person who: (a) publicly or privately sells or offers for sale any dog or cat belonging to another person for consideration, a fee, commission, or percentage of the sale price; (b) transfers dogs and/or cats at wholesale for resale to another; or (c) offers or maintains dogs and/or cats at wholesale for resale to another. Dog Fighting. A dog engaging in physical violence with another dog or animal. Dog Law. The Act of December 7, 1982, P.L. 784, No. 225 (3 P.S et seq.). Dog Law Kennel. Any of the following types of kennel as defined under Section 102 of the Dog Law (3 P.S ): a Boarding Kennel, Commercial Kennel, Dealer Kennel, Kennel, Nonprofit Kennel, Pet Shop-Kennel, Private Kennel, Rescue Network Kennel, or Research Kennel. Farm Animal. 3 Any chicken, goose, duck, turkey, goat, sheep, pig, cow, or other farm animal, provided such other farm animal presents a public nuisance due to smell and/or noise. Does not include a cat or dog. Horse. Shall include any mare, gelding, pony, foal, colt, filly or stallion; this also includes an ass, mule, donkey, hinney or jennet. Kennel. Any of the following: (a) A facility in or through which 13 or more dogs or cats, combined, are kept, bred, whelped, harbored, boarded, sheltered, maintained, sold, given away, exchanged, or in any way transferred in a calendar year. (b) A boarding kennel. (c) A Dog Law kennel. Person. Shall include corporations (both profit and non-profit), partnerships, or associations as well as individuals.

5 Public Stable. Shall include any facility, building, or other premises whatsoever at which horses are kept or from which they are let out for hire, working, training, or riding, or from which horses are provided and used to give instruction on riding, or where horses are boarded. This term shall include existing stables as well as those constructed hereafter. Rental Horse. Shall mean any horse offered to the public for a fee for the purpose of riding or drawing a horse-drawn vehicle. Sterilized. Shall mean rendered permanently incapable of reproduction, whether male or female. Veterinarian. Shall mean a person duly authorized by the State Board of Veterinary Examiners to engage in the practice of veterinary medicine in the Commonwealth of Pennsylvania. Vicious Animal. Shall mean any animal except a government-owned animal used for law enforcement which poses an imminent danger to humans or to domesticated animals, or which has been found by the Department of Public Health or an animal control agent to have a history of bites or attacks on humans or domesticated animals. Wild Animal. Shall include any animal which is wild, fierce, dangerous, noxious, or naturally inclined to do harm, in any place other than a zoological park, veterinary hospital, or clinic, humane society, circus or facility used for educational or scientific purposes. Wild animals, however domesticated, shall also include but not be limited to: Dog family (Canidae). All except domesticated dogs including wolf, fox, coyote, dingo, or any hybrid thereof; Cat family (Felidae). All except the commonly accepted domesticated cats including lions, pumas, panthers, mountain lions, leopards, jaguars, ocelots, margays, wild cats, etc.; Bears (Ursidae). All bears, including grizzly bears, brown bears, black bears, etc.; Weasels (Mustelidae). All except domesticated ferrets, including weasels, martens, mink, wolverine, badgers, otters, ermine, mongoose, skunk, etc.; Raccoon (Procynidae). All raccoons; Primates. All subhuman primates; Porcupine (Erethizontidae). All porcupines; Raptorial birds. All birds of prey except for those which are regulated by the Pennsylvania Game Commission and U.S. Fish and Wildlife Falconry or Progation Permits where the necessary permits or certificates have been obtained; Venomous snakes; Venomous lizards; Alligators and crocodiles; Venomous fish and piranha; Venomous invertebrates, including rear-fanged snakes Administrative Provisions. 4 (1) Responsibilities of Various Departments. (a) The Animal Control Agency shall have primary responsibility for the control of animals pursuant to this Chapter of The Philadelphia Code. (i) The Animal Control Agency shall authorize Animal Control Officers to monitor and enforce the provisions of this Chapter. Animal Control Officers are empowered to enforce the provisions of this Chapter, and shall issue orders or citations or impound animals or otherwise act to enforce the provisions of this Chapter, or to act as animal control officers as designated in applicable state law. (ii) The Animal Control Agency shall promulgate regulations for the issuance of licenses and set by regulation the requirements and standards for the humane operation of businesses relating to animals pursuant to this Chapter. (iii) Upon notice of any violation of this Chapter or any regulation or standard promulgated thereunder, the Animal Control Agency or an animal control officer shall conduct an inspection and when necessary take appropriate action including but not limited to the issuance of fines as described in this Chapter. The Animal Control Agency or an animal control officer may seek the suspension or revocation of licenses where appropriate. (iv) The Animal Control Agency shall establish standards for granting waivers to residents for keeping more than twelve (12) adult dogs or cats combined based on the welfare and safety of the animals, residents and local community. (b) The Animal Control Agency shall issue licenses and accept registrations in accordance with this Chapter and the regulations promulgated thereunder, and may seek the revocation or suspension of licenses issued under this Chapter when appropriate. (2) Animal Control Fund. (a) There is hereby established in the Office of the Managing Director an Animal Control Fund, to include the following items which shall accrue to the Fund: (i) All licensing fees and fines received or levied under this Chapter relating to Animals. (ii) Such additional funds as may be appropriated annually from the General Fund which are required to fund the Animal Control Agency or its contractors to the extent the Animal Control Agency or its contractors provide services required or authorized under this Chapter. (b) The Animal Control Fund shall be used to carry out the responsibilities defined by this Chapter relating to animals, including enforcement, licensing, and inspection of facilities regulated by this Chapter, including personal services, purchase of services, and materials, supplies and equipment expended directly by the Animal Control Agency or contracted for by the Animal Control Agency. The Department of Licenses and Inspections shall annually charge the Fund for all direct and indirect costs performed by them pursuant to this Chapter relating to Animals. (c) If, at the end of any fiscal year, there are funds remaining unspent in the Animal Control Fund, such funds shall be carried over to the next fiscal year; provided, however, that if appropriations from the General Fund have been made to the Animal Control Fund in any year, an amount not to exceed the amount of such appropriations shall be returned to the General Fund at the end of the fiscal year in which a surplus is accrued in the Animal Control Fund. (3) Animal Advisory Committee. To monitor the provisions and goals of this Chapter, there shall be created the Animal Advisory Committee ("Advisory Committee") to be part of the Office of the Managing Director. (a) The Advisory Committee shall be chaired by the Managing Director or his designee. One Member of City Council shall be appointed ex officio by the President of City Council. The Mayor shall appoint ten (10) additional members of the Advisory Committee who shall be residents of the City of Philadelphia and those appointments shall be composed as follows: (i) Two (2) members shall be appointed as representatives of community organizations;

6 (ii) Two (2) members shall be appointed as representatives of animal humane societies and animal shelters; (iii) One (1) member shall be appointed as a representative of private veterinarians or veterinary hospitals; (iv) Two (2) members shall be appointed as representatives of stables, kennels, or other businesses primarily concerned with animals; (v) One (1) member shall be appointed as a representative of the Department of Licenses and Inspections; (vi) Two (2) members shall be appointed as representatives of animal clubs or organizations. (b) The Advisory Committee shall have the following responsibilities: (i) To advise the Animal Control Agency on matters related to animals and animal control. (ii) To propose regulations for the implementation, enforcement and administration of the provisions of this Chapter. (iii) To review, at least every two (2) years, any City contract or contracts relating to animals or animal control, and to make suggestions regarding those contracts to the Animal Control Agency and to the Procurement Department. (c) The Animal Control Agency shall assemble and furnish to the Advisory Committee, upon request, such records, documents and information on animals and animal control as the Advisory Committee finds necessary for the proper fulfillment of its responsibilities. (d) The Advisory Committee shall meet at least quarterly, at the call of the Managing Director, or at the call of any five (5) members. (4) Disclosure and Reporting by Animal Shelters. (a) Animal Shelters shall keep annual written or electronic records, by species, of the following information regarding animals impounded at each Animal Shelter: (.1) The number of animals impounded at the Animal Shelter. (.2) The number of animals that were adopted. (.3) The number of animals that were transferred to other persons, organizations, or entities for adoption. (.4) The number of animals reclaimed by their owners. (.5) The number of animals that died of a cause other than lawful euthanasia. (.6) The number of animals that escaped or were stolen while under the care of the Animal Shelter. (.7) The number of animals impounded at the Animal Shelter that were euthanized. (b) By January 31 of each year, Animal Shelters shall submit to the Animal Control Agency a written report for the prior year of the information required under subsection (4)(a). (c) Animal Shelters shall post, in every area where animals are relinquished to the Animal Shelter by owners, a sign that is clearly and conspicuously visible and readable from any vantage point in the area, and that is at least 17 inches by 22 inches, which displays all of the information required under subsection (4)(a). The Animal Control Agency may by regulation further specify format, dimensions, and posting requirements consistent with this subsection (4)(c) Licensing and Rabies Vaccination. 5 (1) Dogs Licensed. No one shall have any dog, except one that is kept in a state-licensed kennel, unless he has obtained a license for such dog and has paid an annual license fee as follows: For each unsterilized dog, $40.00 For each sterilized dog, $16.00 (2) Permanent Licenses Grandfathered. Owners shall obtain an annual license for dogs for which a permanent license has previously been issued, but no fee shall be required. Such license shall be obtained no more than three (3) months after the next anniversary of the issuance of the permanent license following the effective date of the ordinance adding this subsection. (3) Senior Citizen, Guide Dog and Government Discounts. Any person over sixty-five (65) years of age who licenses any dog shall receive a discount in the licensing fee of fifty (50%) percent. All licensing fees for guide dogs for the blind, or guide dogs for any other handicapped person or for government-owned dogs used for law enforcement shall be waived. All other licensing provisions shall apply. (4) Vaccination Required. All dogs and cats must be vaccinated for rabies. Verification of vaccination will be recognized only upon the presentation of a vaccination certificate signed by a veterinarian or veterinary hospital. (5) Tags Required. A license tag and receipt shall be furnished by the Department of Licenses and Inspections for each dog licensed pursuant to this Section. A rabies vaccination tag or certificate shall be furnished by the veterinarian or veterinary hospital for each vaccinated dog or cat. Such vaccination tag shall indicate the year or years for which the vaccination is valid and the name of the administering veterinarian or veterinary hospital. A dog's license must be displayed on its collar at all times except during participation in a dog show. (6) Authorization to Dispense and Accept License Applications. Application for any dog license shall be made to the Animal Control Agency. Every veterinarian, veterinary hospital, animal shelter, animal retailer, boarding kennel, and groomer shall act as a dog licensing agent for the Animal Control Agency, under such regulations as the Agency shall develop. Dog licensing agents may charge a processing fee of no more than two dollars ($2.00) per license application taken. (7) Time of Licensing. (a) Licensing Upon Purchase or Adoption. A person obtaining a dog that must be licensed under this Section from an animal retailer or animal shelter shall submit an application and the applicable fee for such license to a dog licensing agent or the Animal Control Agency as a condition of obtaining the dog. No animal retailer or animal shelter shall release a dog to a person unless such person has submitted a license application and applicable fee. (b) Licensing Upon Provision of Services. Whenever a veterinarian, veterinary hospital, boarding kennel, or groomer provides services for a dog that must be licensed under this Section, such service provider shall verify that the dog is licensed. A current license tag issued for the dog under Section (5) or, if available, a record from a City-maintained database of dog licenses, shall constitute proof that the dog is licensed. If the owner does not produce proof that the dog is licensed or that the owner has applied to the Animal Control Agency for a license, the service provider shall take a license application and collect the license fee from the owner under Section (6). If the owner refuses to license the dog, the service provider shall issue a notice to the owner of the City's dog licensing requirements, the owner shall sign the notice, and the service provider shall maintain the signed notice on file for two years. The service provider shall notify the Animal Control Agency within five (5) days of providing services that such dog is not licensed. Such notice shall include the owner's name and address. (c) With respect to a dog obtained by a City resident from a private owner or from an animal retailer or animal shelter outside the City, application for a license must be made within thirty (30) days after obtaining the dog, or within thirty (30) days of bringing the dog into Philadelphia. A non-resident shall license

7 any dog kept in the City by such non-resident for more than 60 days. (d) The Animal Control Agency may authorize any non-profit entity that is a dog licensing agent under Section (6) to do, at such times and places as the Animal Control Agency may designate, any of the following: (i) Waive the fee for a dog license, notwithstanding Section (1). No processing fee may be collected under Section (6) if the dog license fee is waived pursuant hereto. (ii) Provide veterinary services to dogs without verifying that such dogs are licensed, notwithstanding Section (7)(b). (8) Maximum Number of Dogs and Cats Allowed. 5.1 Except in connection with the operation of a registered kennel, or unless the Animal Control Agency has granted a waiver pursuant to such regulations as it may establish, no more than twelve (12) adult dogs or cats combined, of which no more than two (2) dogs and two (2) cats may be unsterilized, may be kept (a) on a parcel of land on which only one residential dwelling unit is located; or (b) in any residential dwelling unit on a parcel of land on which multiple residential dwelling units are located Kennels. 6 (1) All Kennels. Any person operating a kennel of any kind shall comply with Section of this Code. The Animal Control Agency may inspect any kennel for compliance with Section , and may, where a violation is found, order the kennel to cease operations until such time as all violations have been remedied. (2) Dog Law Kennels. Any person operating a Dog Law kennel shall comply with all provisions of the Dog Law, including maintenance of any license required thereunder. The Animal Control Agency may inspect any Dog Law kennel for compliance with Section 207 of the Dog Law ("Requirements for kennels"), and may, where violations of Section 207 are found, order the kennel to cease operations until such time as all violations have been remedied. All violations of the Dog Law shall be reported to appropriate authorities. (3) Cease Operations Orders. A cease operations order under this Section may contain such terms as will permit the lawful and humane maintenance of animals sheltered in the kennel while the order is in effect and violations are remedied. A cease operations order under this Section shall not be imposed in a manner that contradicts or is otherwise inconsistent with any action by the Secretary of Agriculture under the Dog Law with respect to the same violation or violations for which the cease operations order was imposed. (4) Registration. Any person operating a kennel of any kind shall register such kennel with the Animal Control Agency annually, providing such information, and on such form, as the Animal Control Agency shall specify. The registration fee shall be $30, or such other amount as the Animal Control Agency may by regulation specify Animals Running at Large and Vicious Animals. 7 (1) No person shall permit any animal other than a sterilized cat to go at large upon any street, public place or private property other than the property of the owner of the animal. All animals, other than sterilized cats, using any street, public place or private property of anyone other than the owner of the animal shall be on a leash not exceeding six (6) feet in length including the handgrip but excluding the collar and accompanied by a person able to fully control the animal at all times. Horses shall be exempt from the provision requiring a leash but shall under this Section require proper rein and bit or halter and lead shank. Any animal running at large in violation of this subsection shall be seized by any animal control officer or police officer and delivered to an appropriate area of confinement approved by the Animal Control Agency. (2) Notwithstanding subsection (1), any animal, other than a dangerous dog under Article V-A of the Dog Law, that is vicious may be seized by any police officer or any authorized animal control officer and may be humanely destroyed or rehabilitated for adoption at the discretion of the Animal Control Agency after a reasonable effort has been made to notify the owner. With respect to dangerous dogs, the provisions of Article V-A of the Dog Law (3 P.S A, et seq.) shall control. (3) The Animal Control Agency may, upon finding a cat to be feral, sterilize such cat and release it back to the cat's colony Dog Fighting. 8 (1) No person shall intentionally, knowingly, recklessly, or negligently allow a dog to engage in dog fighting on public or private property. (2) No owner of private property shall be allowed to use their real estate for the purposes of dog fighting. (3) If it is determined by a police officer or an animal control officer that a dog has engaged in dog fighting, the dog shall be seized and examined by the appropriate agency for injuries, and to ascertain whether the dog is licensed, and whether it has rabies. The dog shall be returned to the owner only where (a) the owner has never been convicted of dog fighting or cruelty to animals under 18 Pa. C.S or a substantially similar law, and (b) the owner does not pose a future danger to the health and welfare of the dog. Otherwise, the dog shall remain impounded and may be forfeited, provided that where the fair market value of the dog is greater than $2,000 or such other amount set forth as the maximum allowable forfeiture under Section 17 of the Home Rule Act, Act of April 21, 1949, P.L. 665 (53 P.S ), the dog shall not be forfeited, but the owner shall instead be fined in an amount not to exceed $2,000, or the maximum allowable fine under Section 17 of the Home Rule Act, and further provided that no forfeiture pursuant to the Home Rule Act shall be imposed where the dog is forfeited under 18 Pa. C.S The Animal Control Agency is authorized to promulgate regulations setting forth the procedure to be employed when making determinations under this subsection Vicious Animals in Playgrounds. 9 (a) No person shall bring any vicious animal into any playground owned or controlled by the City Animals Committing Nuisances. 10

8 (1) Where Prohibited. No person, having possession, custody or control of any animal, shall knowingly or negligently permit any dog or other animal to commit any nuisance upon any gutter, street, driveway, alley, curb or sidewalk in the City, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property, including the property of the owner of such animal. (2) Removal. Any person, other than the owner, operator or driver of horse-drawn carriages, having possession, custody or control of any dog or other animal which commits a nuisance in any area other than the private property of the owner of such dog or other animal, as prohibited in (1), shall be required to immediately remove the said feces from such surface and either: 10.1 (a) carry same away for disposal in a toilet; or (b) place same in a nonleaking container for deposit in a trash or litter receptacle. (3) Removal From Private Property. Any person, other than the owner, operator or driver of horse-drawn carriages, having possession, custody or control of any dog or other animal which commits a nuisance on the private property of the owner or on the private property of the person having possession, custody or control of such dog or other animal, as prohibited in (1), shall be required to remove said feces from such surface within twelve (12) hours and either: 10.2 (a) carry same away for disposal in a toilet; or (b) place same in a nonleaking container for deposit in a trash or litter receptacle. (4) Reserved. 11 (5) Horse Drawn Carriages. The owner, operator or driver of horse-drawn carriages operating in the area bounded by Washington avenue, Spring Garden street, Delaware avenue and Broad street shall be required to attach a containment device to the rear of each and every horse so fitted, to be maintained and emptied so that manure is completely contained therein, cannot and does not fall to any gutter, street, driveway, alley, curb or sidewalk in the City, and is not exposed and is carried away for proper disposal. (6) Exception. The provisions of this Section shall not apply to a guide dog accompanying any blind persons, or to a dog used in any police or fire activities of the City or to horses not attached to horse-drawn carriages. (7) Enforcement. For the purposes of enforcing the provisions of this Section, notice of violation shall be issued by police officers or any other person authorized to enforce ordinances. (a) Whenever a police officer or any other official authorized to enforce ordinances observes a violation of the provisions of this Section, he shall hand to the violator a printed notice of violation. Such notice shall bear the date, time and nature of the violation, dog or carriage license number, identity and address of the violator, the amount to be remitted in response to the notice of violation, the penalty which can be imposed by the court for violation, and shall be signed by the person issuing the notice and shall bear the police officer's badge number or other official identification number identifying the person issuing the violation notice. (b) Any person who receives a notice of violation, may within ten (10) days, pay the amount of twenty- five dollars ($25), admit the violation and waive appearance before a Municipal Court Judge. The notice of violation shall contain an appropriate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing, and shall be returned by the violator when he remits the stipulated payment. (c) If a person who receives a notice of violation fails to pay the prescribed payment within ten (10) days of the issuance of the notice of violation, a code enforcement complaint shall be issued for such violation in such manner as provided by law. If the person named in the code enforcement complaint is found to have violated this Section or fails to appear on the date set for hearing, he shall be subject to the imposition of fines in the amounts set forth in subsection (8) plus court costs. 12 (8) Penalties. (a) The penalty for the first violation of any provision of this Section shall be a minimum fine of $100; the penalty for a second violation of any provision of this Section shall be a minimum fine of $200; the penalty for a third violation of any provision of this Section shall be a minimum fine of $300. The third violation of any provision of this Section will result in the commencement of proceedings as provided by law for the removal of said animal and delivery of same to an appropriate area of confinement approved by the Animal Control Agency (b) Any fine or costs imposed by the court shall be entered as a judgment against the violator. (c) Any fine imposed by the court shall be paid within ten (10) days of its imposition. If the fine together with any court cost is not paid within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fine as provided by law Wild Animals. 13 (1) Wild Animals Prohibited. No person shall keep a wild animal in any place other than a zoological park, veterinary hospital or clinic, humane society, circus or facility used for educational or scientific purposes, which provides proper cages, fences and other protective devices adequate to prevent such animal from escaping or injuring the public. No license shall be required of persons exempted in this Section. (2) Sales or Exchanges Disallowed. Subject to the exemptions of this Section, no person, whether or not licensed under this article, shall sell, offer for sale or adoption or 14 exchange with or without charge any wild animal. (3) Licensing Wild Animals Owned at Passage of Ordinance. Any person owning a wild animal at the time of enactment of this Title may license such animal provided that such licensing is perfected within six (6) months of the effective date of this ordinance. All such animals registered within this six (6) month period shall be licensed and the fee for the licensing of such wild animal shall be fifty dollars ($50.00) each per annum. Upon the death, sale, or disposal of said animal, the animal may not be replaced. (4) Licensing Animals Kept for Exhibit. (a) Subject to exemptions of this Section, no person shall keep, conduct or operate within the City of Philadelphia, any traveling animal show, petting or children's zoo, circus, animal act or miscellaneous animal or reptile exhibit without first obtaining a special animal permit from the Department of Licenses and Inspections. (b) Each application for a special animal exhibit permit shall be in writing upon a form to be furnished by the Department of Licenses and Inspections and shall contain such information as it shall require. The fee for such special animal exhibit permit shall be one hundred dollars ($100.00). (c) All special animal exhibit permits issued by the Department of Licenses and Inspections shall be for a specific period of time, not to exceed one (1) year, or until revoked or suspended, or until the holder of such permit sells, assigns, transfers or otherwise disposes of his interests therein.

9 (d) Upon certification by the Animal Control Agency or its authorized animal control officers, the Department of Licenses and Inspections shall issue a permit to the applicant if it is found that: 14.1 (i) The animals and the conduct or operation of the exhibit for which the permit is requested, will not constitute a menace to the health, welfare or safety of the community or the animal; (ii) The premises and facilities where such animals are quartered shall be maintained in a clean and sanitary condition in order to control vermin and disease. All animal waste is to be removed no less than every twenty-four (24) hours; (iii) The animals are to be provided with adequate food and drinking water; (iv) All animal cages and enclosures are to be constructed of fire resistant material accompanied by fire fighting apparatus as may be specified by the Fire Department; (v) Supervision shall be provided in order to prevent the mistreatment or injury of any animal by a customer or any other person who has access to the animals; no person who has been convicted of the crime of cruelty to animals shall be permitted to care for or have custody of any animals; and (vi) The premises and facilities comply with such specific regulations as shall be promulgated by the Animal Control Agency, Fire Department, and the Department of Licenses and Inspections to carry out the provisions of this Section (5) Exceptions. Unless otherwise stated, the provisions of this Section shall not apply to any zoological park or educational institution incorporated or authorized to do business in Pennsylvania as such; any humane society or animal shelter; any veterinary hospital, clinic, or office; any bona fide research institution using animals for scientific research or any primate whose purpose is to assist a handicapped person Raccoons (1) Any person who observes a raccoon anywhere on property under that person's control, engaged in any nuisance activity as defined herein may report such raccoon and its location to the Animal Control Agency. (2) Raccoons reported pursuant to subsection (1) shall be abated pursuant to regulations promulgated by the Animal Control Agency. Any such regulations shall contain provisions for the immediate employment of abatement procedures that are proven, effective, lawful, and, to the extent practicable, non-lethal. (3) "Nuisance Activity" for purposes of this Section shall mean any of the following: (a) A raccoon destroying or damaging personal property. (b) A raccoon disturbing the peaceful enjoyment of the property by anyone inhabiting or visiting the property. (c) A raccoon that is obviously sick or diseased and poses a threat to human, farm animal, or pet safety Maintenance and Operation of Stables for Horses. 15 {Recent Amendment} (1) Commercial Stable License. (a) No person shall own, operate, maintain, or permit the maintenance of a commercial stable or property which he owns, leases, or otherwise controls within the City of Philadelphia, unless a license shall have been obtained from the Department of Licenses and Inspections, as hereinafter provided. (b) Applications for such license shall be made to the Department of Licenses and Inspections. Every applicant shall supply such information as the Department of Licenses and Inspections requires and except for the Philadelphia Police Mounted Unit shall pay an application fee of one hundred dollars ($100.00) plus an annual fee, refundable if the application is refused, of one dollar ($1.00) for each stall or unit within which a single horse shall be accommodated. (c) Licenses so issued shall be posted at the location where the horses are kept, in an open, conspicuous and reasonably accessible manner, at or near the entrance. (d) Licenses under this article shall expire on the first day of July of each year. Applications for renewal shall be made to Department of Licenses and Inspections and shall contain such information required by the Department of Licenses and Inspections to enable it to determine if the applicant is qualified to continue to hold a license. It shall be accompanied by a renewal fee, based upon the number of horses accommodated, as set forth in (b) above. (e) All such licenses shall be conditioned upon continued compliance by the licensee with the applicable provisions of this Section. (2) Requirements of a Commercial Stable. (a) No commercial stable shall be granted a license unless it shall employ a full-time operator/manager and shall possess equipment, materials and facilities sufficient for the proper care, feeding, bedding, and custody of horses in accordance with regulations promulgated pursuant to this Section. (b) No stable shall operate or be granted a license to operate unless it shall maintain facilities and services which shall: (i) Provide adequate quarters. Stables and stalls shall be clean and dry and sufficient bedding of straw, shavings or other suitable material shall be furnished and changed as often as necessary to maintain them in a clean and dry condition. Adequate heating and ventilation shall be maintained in stables as provided by the Department of Public Health; (ii) Provide that in the case of horses maintained at grass, there will be maintained for them at all times adequate grass; (iii) Provide that horses will be maintained in a good state of health and that, in the case of a horse kept for hire, for instructional riding, or for any other purpose, the horse will be suitable for the purpose for which it is kept and capable of so performing; (iv) Not knowingly permit a rider, customer or any other person to mistreat or injure any horse nor knowingly permit a rider, customer, or any other person convicted of cruelty to animals to have access to any horse; (v) Provide for and have available stable equipment and saddlery necessary to perform the services offered by the stable; (vi) Provide for the removal of manure every twenty-four (24) hours from each stall; (vii) Conform with all zoning and building regulations set forth in The Philadelphia Code governing construction and occupancy; (viii) Comply with such specific regulations as shall be promulgated by the Animal Control Agency, the Fire Department, or the Department of Licenses and Inspections to carry out the provisions of this Section Rental and Carriage Horses. 16 (1) Rental and Carriage Horse Licenses.

10 (a) No person shall use or offer the use of any horse in a rental riding or carriage horse business unless such horse shall be licensed by the Department of Licenses and Inspections. The Animal Control Agency in conjunction with the Department of Licenses and Inspection shall promulgate regulations for the licensing of rental and carriage horses, which regulations may from time to time revise the annual license or renewal fee to reflect the costs incurred by the City in regulating rental and carriage horses under this Section. Unless otherwise provided by regulation, the annual fee for a license or renewal of a license shall be twenty-five dollars ($25.00) per horse. No license shall be transferable. All applications for a license or the renewal of a license shall be accompanied by a health certificate signed and dated by the examining veterinarian. 17 (b) Horses shall be sold or disposed of only in a humane manner. The Department of Licenses and Inspections shall be notified of the transfer of ownership or other disposition of a licensed horse within ten (10) days of the transfer or disposition. Upon the transfer of ownership of any horse to a new owner, the new owner shall obtain a license for such horse within fifteen (15) days after the date of the transfer of ownership. (c) Each horse licensed pursuant to this Section shall be assigned an official identification number by the Department of Licenses and Inspections. The identification number shall be displayed on the horse, in a manner provided by regulation, at all times the horse is being worked. 18 (d) The certificate of license shall at all times remain at the stable where the horse is kept and shall be available for inspection by animal control officers of the Animal Control Agency or persons designated by the Animal Control Agency to enforce this Chapter. (2) Working Conditions. (a) Owners shall insure that appropriate and sufficient food and drinking water are available for each horse and that while working each horse is permitted to eat and drink at reasonable intervals, provided however that horses shall not be allowed to drink in large quantities unless first rested. (b) Owners shall not allow a horse to be worked on a public highway, path or street when the temperature is over ninety-one (91) degrees Fahrenheit, or when the wind chill factor is less than twenty-six (26) degrees Fahrenheit, or during other dangerous conditions which are a threat to the health or safety of the horse. A horse being worked when such conditions develop shall be immediately returned to the stable by the most direct route. The Animal Control Agency shall promulgate regulations specifying how the temperature and wind chill factor shall be measured for purposes of this subsection, and how persons working horses shall determine that the temperature is not within the permitted range. 19 (c) Carriage horses shall not be in harness for more than nine (9) hours in any continuous twenty-four (24) hour period. Riding horses shall not be at work for more than ten (10) hours in any continuous twenty-four (24) hour period. Riding horses shall be rested a minimum of fifteen (15) minutes for every riding hour. Carriage horses shall be rested a minimum of fifteen (15) minutes for every pulling hour. Daily records shall be maintained as prescribed by regulation of the Animal Control Agency, indicating the time and daily activity of a rental horse and shall be available for inspection by animal control officers or others authorized by the Animal Control Agency. 20 (d) Carriage horses shall not be driven at a pace faster than a trot. (e) Saddles, blankets, harness, bridles and bits and any other equipment shall be properly fitted and kept in good repair. Blankets, bridles and bits shall not be used by another horse unless first disinfected. (f) A rental horse or carriage horse which suffers from any physical disability may be ordered to be removed from work until such time as deemed appropriate by a veterinarian authorized or retained by the Animal Control Agency. (g) Horses shall not be left untethered or unattended except when confined in a stable or other enclosure. (3) Medical Care. (a) Every horse required to be licensed under this Section shall be examined by a veterinarian prior to its use in a rental horse or carriage business and thereafter at intervals of not less than once a year. The horse shall be examined and treated for internal parasites; for its general physical condition, which is to include inspection of teeth, hoofs, and shoes; and for its physical ability to perform the work or duties required of it. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or humane correction or disposition of same. A health certificate provided by the Animal Control Agency and signed by a veterinarian shall be maintained at the stable premises at which such horse is located, and shall contain the identification number, age and condition of the horse, as well as the maximum number of hours a day that, in the opinion of the veterinarian said horse should work. A copy of said certificate shall be filed with the Animal Control Agency. (b) Horses shall be kept clean and in an ectoparasite control program. Carriage horses shall be trimmed or shod as often as necessary or appropriate. (4) Removal from Work. A horse required to be licensed under this Section which is lamed or suffers a physical condition or illness making it unable for work may be ordered to be removed from work by an Animal Control Officer or other designee of the Animal Control Agency. A horse for which such an order has been issued shall not be returned to work until it has recovered from the condition which caused the issuance of the order or until such condition has improved sufficiently that its return to work will not aggravate that condition or otherwise endanger the health of the horse. In any proceeding under this Section, it shall be presumed that a horse which is found at work within forty-eight (48) hours after the issuance of an order of removal and which is disabled by the same condition which caused such order to be issued has been returned to work in violation of this Section. Such presumption may be rebutted by offering a certificate of a veterinarian indicating suitability to return to work prior to the expiration of the forty-eight (48) hour period. (5) Further Regulations to be Promulgated. The Animal Control Agency shall promulgate such further regulations which may be required to carry out the intent of this Section, or to further safeguard the health and humane treatment of rental and carriage horses Sterilization of Dogs and Cats; Records. 21 (1) Sterilization of Adopted Dogs and Cats. No animal shelter shall release a dog or cat to a person for adoption unless the animal has been sterilized by a licensed veterinarian; provided, however, that such requirement shall not apply under the following circumstances: (a) A licensed veterinarian certifies that he or she has examined the dog or cat and found that, because of a medical reason, the life or well-being of such dog or cat would be endangered by sterilization. (b) The dog or cat is released into foster care. For purposes of this exception, the term "foster care" means the care provided by a private person who commits to maintain the animal in such person's home, on a temporary basis, while a permanent adoptive owner of the animal is sought. (c) Reclamation of Adopted Animals. Notwithstanding the provision for penalties upon violations of this Section, any dog or cat not sterilized in accordance with Section (1)(b) may be reclaimed by the animal shelter without refund of any fee or deposit. (2) Sale of Unsterilized Animals Prohibited. No animal retailer shall sell a dog or cat on a retail basis unless the animal is of an appropriate age for sterilization and the animal has been sterilized by a licensed veterinarian. In addition to a fine for any unsterilized cat or dog sold in violation of this subsection, the

11 Animal Control Agency may order an animal retailer to cease operations for up to one year from the date of a violation. (3) Exception to Sterilization Requirements. Subsections (1) and (2) shall not apply with respect to the following: (a) Dogs obtained by a governmental entity for purposes of law enforcement or public safety. (b) Dogs obtained as guide dogs for the blind, or as service dogs for persons with handicaps. (c) Dogs or cats of a recognized breed, obtained for purposes of participation in a recognized competition. The Animal Control Agency shall promulgate regulations specifying the requirements for establishing that a dog or cat is of a recognized breed and has been obtained for purposes of a recognized competition. (4) Animal Records. (a) Every animal retailer shall maintain records of dog and cat sales, the identity of all breeders supplying dogs and cats to the animal retailer, sterilization procedures performed at the request of the animal retailer, records of any vaccinations or veterinary care provided to the animal, and veterinarian letters and certificates received, and shall retain such records, letters and certificates for a period of two years. Such records, letters and certificates shall be made available to the Animal Control Agency in such format as the Animal Control Agency may by regulation direct. (b) Every animal retailer shall provide the following to a purchaser of a dog or cat at the time of sale: the breeder's name, address and state license number; a current, valid rabies certificate; and records of any other vaccinations or veterinary care provided to the animal and certificate of sterilization. If the breeder is not known, the name and address of the dealer from whom the dog or cat was obtained shall be provided. (c) With respect to dogs, the provisions of this subsection (4) shall be in addition to the requirements of the Dog Purchaser Protection Act, Act of June 25, 1997, P.L. 287, No. 27, 1 (73 P.S ) Feeding Pigeons. 22 (1) No person shall feed any pigeon in any public street, square, park, or place of public resort Killing Birds. 23 (1) No person shall capture, wound, or kill any bird except in accordance with the provisions of Title Keeping Farm Animals. 24 (1) No person shall keep a farm animal anywhere except: (a) at a licensed slaughterhouse or commercial retailer of live animals sold to be killed for use as food; (b) if the animal was purchased to be killed for food and is kept for no more than 24 hours; (c) at a zoological park; (d) at a veterinary hospital or clinic; (e) at an animal shelter; (f) at a circus or other licensed entertainment venue; (g) at a facility used for educational or scientific purposes, such as schools and laboratories; or (h) on a parcel of real property of 3 or more acres, provided this subsection (h) shall not apply with respect to pigs Sale of Horse Meat. 25 (1) No person shall sell or possess with intent to sell any horse meat for human consumption. (2) The penalty for violation of this Section shall be one hundred (100) dollars for each offense Animal Care Requirements for Animal Owners and Kennels (1) Every person who owns any animal or who owns, conducts, manages or operates any kennel shall comply with all of the following conditions: (a) Buildings and enclosures in which animals are kept shall be maintained in a clean and sanitary condition to control odors and prevent the spread of disease. Enclosures shall be kept in good repair. (b) Animals shall be supplied with appropriate food and potable water, free from contaminants, as often as the feeding habits of the respective animals require. (c) Animals shall not be neglected, abused, or mistreated, and no condition that presents an immediate threat to the welfare of an animal may be maintained. (d) No animal shall be allowed to constitute or cause a hazard, or be a menace to the health, peace or safety of the community. (2) Every person who owns, conducts, manages or operates any kennel shall, in addition to the requirements of subsection (1), comply with all of the following conditions: (a) All facilities and animal enclosures shall be constructed so as to prevent escape of animals, restrict the entrance of other animals, and protect the animals from injury, and shall be kept structurally sound and in good repair. All facilities, including areas where animals are kept, must be equipped with working smoke alarms and shall have a means of fire suppression on the premises. Animals shall be afforded appropriate shelter from the elements at all times. (b) All animal enclosures, including, but not limited to rooms, cages, kennels and kennel runs, shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein. An enclosure with a wire bottom may never be used. Enclosures shall be securely placed and fastened so that there is no danger of an enclosure falling; the animals do not have direct access to one another; and waste from one enclosure cannot be transmitted to another. Food and water containers must be secured to prevent spillage. Crates may be stacked no more than two high. (c) Animals shall be directly observed at least once every 12 hours. Whenever any animal is left unattended, the telephone number of the Animal Control Agency, and the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property. Kennels

12 that breed 51 or more dogs or cats in a year shall provide staffing at least eighteen (18) hours per day. (d) Sick animals shall be isolated so as not to endanger the health of other animals. Animals shall be vaccinated as required by law. Newborn animals and new animals introduced into a kennel shall receive a wellness examination from a licensed veterinarian within three calendar days after entry into the kennel. (e) Animals shall be so maintained as to eliminate excessive and nighttime noise Penalties and Sanctions. 26 {Recent Amendment} (1) Except as provided, the penalty for violation of any Section of this Chapter is a fine of no less than one hundred fifty (150) dollars and no more than three hundred (300) dollars. (a) Violations of (Kennels), (Dog Fighting), (Vicious Animals in Playgrounds), (Sterilization of Animals; Records), or (Animal Care Requirements for Animal Owners and Kennels) shall be Class III violations, and the minimum fine shall be $500. In addition to any fine, imprisonment for not more than 90 days may be imposed for a violation of (b) A violation of (1), pertaining to animals running at large, where the animal has been sterilized, may be punished by a fine of up to $150. A violation of (1) where the animal seized has not been sterilized shall be a Class III offense, and the minimum fine shall be $500, provided that such fine shall be waived if the owner agrees to permit the Animal Control Agency to sterilize the animal. The Animal Control Agency may charge a reasonable fee for sterilization not to exceed the cost of sterilizing the animal. Notwithstanding (2), a violation of (1) involving an unsterilized animal occurring within 12 months of any prior violation of (1) by the same person shall be a Class III violation, and the minimum fine shall be $750. Any animal, whether or not sterilized, seized in connection with such successive violation, may be subject to forfeiture. (2) Repeat Offenders. Any person who commits, on more than one occasion, a violation of any Section of this Chapter, except (Licensing and Rabies Vaccination), (Kennels), (1) (pertaining to Animals Running at Large), (Dog Fighting), (Animals Committing Nuisances), (Sterilization of Animals; Records), (Sale of Horse Meat), or (Animal Care Requirements for Animal Owners and Kennels) shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless 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. (3) Quarantine Orders. If, at any time, it shall appear to the Commissioner of Health that any animal is infected with a disease dangerous to the public health, the Commissioner may trace, or cause to be traced, the whereabouts of said animal and determine the identity and whereabouts of any other animals which may have been in contact with, or exposed to, such diseases; and if the Commissioner determines that the interests of public health require, he may cause any place or premises, whether licensed under this Chapter or not, to be quarantined pursuant to the regulations issued by the Department of Public Health for such time as the Commissioner or his designee shall determine, to protect public health. The Commissioner of Health may prohibit the sale or importation into the City of Philadelphia of such animals from such places or areas, as he may by like determination find that such danger exists. (4) Department Orders. Orders requiring either action or forbearance with the provisions of this Chapter shall be issued by the appropriate Departments and Agencies responsible for the implementation of this Chapter in accordance with the established procedures. (5) Administrative Enforcement and Sanctions. Whenever any licensed facility housing animals is found to be conducted in a manner contrary to any provisions of this Chapter, regulations promulgated pursuant hereto, or any conditions of such license, the Department finding the violation or any animal control officer shall notify the owner or operator in writing that unless the violation is corrected within a specified period of time, the license may be suspended, revoked or other sanctions under this Chapter undertaken. Any person who shall violate any provision of this Chapter, any regulations adopted hereunder, or any condition of any required license shall be subject to the following sanctions, in addition to any other sanction or remedial procedure imposed by Statutes of the Commonwealth of Pennsylvania or Acts of the United States Government: (a) Closing of Facilities. If the Animal Control Agency determines that it is in the best interest of the health, safety, and welfare of the City of Philadelphia, the Animal Control Agency may issue an Order closing the offending facility until such time as compliance with this Ordinance is attained. (b) Denial, Revocation, or Suspension of License. The Department of Licenses and Inspections, Animal Control Agency or the Fire Department may withhold, deny, revoke, or temporarily suspend for a period not to exceed one (1) year, any license or permit issued or applied for in accordance with the provisions of this Chapter. Such license or permit may also be withheld, denied, revoked, or temporarily suspended upon a finding that the licensee has been guilty of any of the following: (i) Violation of any provision of this Chapter or any regulation made pursuant thereto; (ii) Material misstatement in the application for a license or in the application for renewal thereof; (iii) Aiding or abetting another in the violation of this Chapter or of any regulation made pursuant thereto; and (iv) Allowing a license issued under this Article to be used by an unauthorized person. (c) Administrative Hearing. Except for cases declared by the Managing Director to constitute an immediate threat to the health, safety, or welfare of the City of Philadelphia, closing of facilities or denial, revocation or suspension of license shall not take place without an administrative hearing to be conducted by the appropriate department, pursuant to procedures established by that department Severability. 27 If any clause, sentence, paragraph or part of this Chapter, or the application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Chapter nor the application of such clause, sentence, paragraph or part to other persons or circumstances, directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that this Chapter would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from their coverage.

13 Definitions. CHAPTER ETHNIC INTIMIDATION AND INSTITUTIONAL VANDALISM 28 (1) Ethnic intimidation is tortious conduct performed with the intent to injure another person, or group of persons, or his, her or its property, because of such other person's or group's race, religion or national origin. (2) Institutional vandalism is the intentional desecration, as defined in Section 5509 of the Crime Code (18 Pa. C.S. 5509), vandalizing, defacing, defiling or otherwise damaging (including by application of stickers or any other material) of: 28.1 (a) any church, synagogue or other communal facility regularly used for religious worship, meditation, contemplation or other related purposes; (b) any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead; (c) any courthouse, historic monument or landmark, museum or civic shrine, including, without limitation, Philadelphia City Hall; (d) any publicly-accessible outdoor artwork or memorial, whether or not publicly-owned, including, but not limited to, public sculpture, and any military, police, firefighter or other national defense or public safety memorial; (e) the grounds occupied by any facility set forth in subsections 2(a), 2(b) or 2(c); (f) any property located in any facility set forth in subsections 2(a), 2(b) or 2(c); (g) any base, sub-base, or other supporting structure of any artwork or memorial set forth in subsection 2(d) Prohibited Conduct. 29 (1) No person shall commit the offense of ethnic intimidation and no person shall commit the offense of institutional vandalism. (2) No person shall display, with the intent to intimidate another person or to incite violence, in a place of employment, in a public accommodation, in a public facility, on public property or in the public right-of-way, the following symbols of virulent animus: a noose; a burning cross; or a swastika Penalties. 30 (1) Violation of any provision of this Chapter is subject to the monetary fines established for a Class III offense and, upon the third violation, imprisonment of up to thirty (30) days. Section ("Notices of Violation") shall not be applicable to this Chapter Private Rights of Action. (1) Nothing in this ordinance shall be in derogation of the private rights of action created by the Commonwealth in its Act No. 154 of Legislative Findings. CHAPTER MINORS 31 (1) The Council finds that: (a) An emergency has been created by a substantial increase in the number and in the seriousness of crimes committed by minors against persons and property within the City, and this has created a menace to the preservation of public peace, safety, health, morals and welfare; (b) The increase in juvenile delinquency has been caused in part by the large number of minors who are permitted to remain in public places and in certain establishments during night hours without adult supervision; (c) The problem of juvenile delinquency can be reduced by regulating the hours during which minors may remain in public places and in certain establishments without adult supervision, and by imposing certain duties and responsibilities upon the parents or other adult persons who have care and custody of minors Definitions. (1) In this Chapter the following definitions apply: (a) Compulsory School Age. The period of a child's life during which the child is required to attend school as established by the Philadelphia School Reform Commission pursuant to 24 P.S (8), unless the provisions of 24 P.S are otherwise applicable. 32 (b) Establishment. Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited. (c) Minor. Any person under the age of eighteen (18) years. 33 (d) Official City Time. Eastern Standard Time except from the last Sunday in April to the last Sunday in September, it shall be Eastern Daylight Saving Time. (e) Operator. Any individual, firm, association, partnership, or corporation operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty the term "operator" as applied to associations or partnerships shall include the members or partners thereof and as applied to corporations, shall include the officers thereof. (f) Parent. Any natural parent of a minor, a guardian, or any adult person, 21 years of age or over, responsible for the care and custody of a minor. (g) Public Place. Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot. (h) Remain. To loiter, idle, wander, stroll or play in or upon. (i) Roadway. The definition of this term is as defined in 75 Pa. C.S. 102, The Vehicle Code of the Commonwealth of Pennsylvania

14 (j) School Year. The days of the year not within Summer. (k) Summer. From Memorial Day through the day before Labor Day. 36 (l) Weekend Day. Friday and Saturday, except that October 30 and October 31 shall never be treated as "Weekend Days" for purposes of this Chapter, but shall always be treated as "Weekdays". 37 (m) Weekday. Any day other than a Weekend Day, and October 30 and October 31, regardless of the day of the week Unlawful Conduct of Minors. 39 (1) No minor shall remain in or upon any public place or any establishment from the Evening Curfew Time indicated in the following chart until 6 A.M. the following day, unless said minor is accompanied by a parent, is doing an errand or other legitimate business as directed by the minor's parents, or is engaged in gainful lawful employment during the curfew hours or is on active duty in the Armed Service of the United States. Evening Curfew Time Minors Minors 13 and under School Year Monday - Sunday Summer Monday - Sunday 9:00 PM 10:00 PM 8:00 PM 9:00 PM Minors 16 and older 10:00 PM 11:00 PM (2) To the extent the Mayor, pursuant to his emergency powers under Section , extends or expands these curfew hours, the parental liability provisions of Sections and ; the establishment liability provisions of Section ; and the enforcement and penalty provisions of Section , shall apply to violations of this Section and to such extended or expanded curfew. (3) No minor shall commit a willful tortious act which results in injury to any person or which results in the theft, destruction or loss of property to another Unlawful Conduct of Parents. 40 (1) No parent shall knowingly permit any minor to remain in or upon any public place or any establishment in violation of Unlawful Conduct of Owners or Operators of Establishments. 41 (1) No operator of an establishment or their agents or employees shall knowingly permit any minor to remain upon the premises of said establishment in violation of Enforcement and Penalties. 42 (1) Any police officer who finds a minor in prima facie violation of the provisions of (1): 43 (a) Shall obtain information from such minor as to his or her name and address, age and the identity of the minor's parent, guardian or other custodian. (b) Shall take any of the following actions which he or she believes necessary to best protect the interest of the minor and the community: (i) Transport the minor to his or her home forthwith; or (ii) Transport the minor to the appropriate district police station, where without unnecessary delay, the officer or a superior officer may issue a citation. The officer shall immediately notify the parent, guardian or other custodian of the minor's whereabouts. When a parent, guardian or other custodian arrives at the station, the minor will be released to the custody of said parent, guardian or other custodian, who shall thereupon be issued written notice that the minor has violated the provisions of (1). If a parent or guardian or custodian cannot be located within a reasonable time, the minor shall be released, unless other action is warranted under and pursuant to the pertinent provisions of the Juvenile Act (42 Pa. C.S et seq.). (2) The information taken from the minor pursuant to (1)(a) shall be forwarded to the Juvenile Bureau which shall cause a written notice to be mailed to the parent, guardian or custodian advising of the violation and penalties of provision of (1). (3) Any minor who shall violate shall be subject to a fine of two hundred fifty dollars ($250) for a first violation, and from three hundred dollars ($300) to five hundred dollars ($500) for each succeeding violation. If the fine, together with costs is not paid within 10 days, the minor shall be proceeded against under the pertinent provisions of the Juvenile Act (42 Pa. C.S et seq.). The court may in its discretion suspend the fine if the offender agrees to and does in fact perform such community service as the court deems appropriate. 44 (4) Any parent who shall violate any provision of after having received notice of a prior violation shall be fined one hundred fifty dollars ($150) for the first violation, and from three hundred dollars ($300) to five hundred dollars ($500) for each succeeding violation. 45 (5) Upon violation of the provisions of (2), any parent whose child under the age of eighteen (18) years is found liable or is adjudged guilty by a court of competent jurisdiction of a willful tortious act resulting in injury to the person, or theft, destruction or loss of property of another, shall be liable to the person who suffers the injury, theft, destruction or the loss to the extent set forth in Act of General Assembly No. 58, July 27, 1967, pertaining to Parent's Liability. (6) Any operator of an establishment and any agent or employee of any operator who shall violate the provisions of shall be fined not less than two hundred fifty dollars ($250) nor more than four hundred fifty dollars ($450) for each violation. 46 (7) Any owner/operator of an establishment regulated under the provisions of (13) of The Philadelphia Code and any agent or employee of said owner/operator who shall violate the provisions of shall also be subject to immediate revocation of their commercial activity license as provided for in

15 of The Philadelphia Code. 47 (8) Repeat Offenders. Any person who violates any provision of after having received notice of two or more prior violations, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless 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. 48 (9) Repeat Offenders. Any person who violates, on more than one occasion, any provision of , shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless 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. 49 (10) Each violation of the provisions of this Chapter shall constitute a separate offense Parental Responsibility for Minor Children. 51 (1) The parent, legal guardian or other legally responsible adult of any child under the age of eighteen (18) years who violates any provision of this Chapter , relating to "Minors", Chapter relating to "Property Damaging, Defacing and Interfering With", Chapter relating to "Public Places Prohibited Conduct", or Chapter relating to "Refuse and Littering" shall be in violation of this Section. (2) Where the underlying violation by the minor was a curfew violation under Section (1) or (2), the penalty for a violation of this Section may be a fine not to exceed five hundred dollars ($500). In all other cases, the penalty for a violation of this Section shall be a fine not to exceed three hundred dollars ($300). Any person authorized to enforce ordinances who becomes aware of a violation by a minor of any provision of Chapter , , or shall attempt to determine the whereabouts of the minor's parent, legal guardian or other legally responsible adult and shall serve upon such adult, by mail or in person, a notice of violation of this Section, pursuant to the provisions of Section of this Code. The recipient of such notice of violation may, within thirty (30) 52 days of date of such notice, pay, where the underlying violation by the minor was a curfew violation under Section (1) or (2), seventy-five dollars ($75), and otherwise, twenty five dollars ($25), admit the violation and waive a hearing, all pursuant to the procedures set forth in Section Solicitations of Contributions in the Roadway by Minors. 53 (1) Purpose. In view of the increasing number of minors who are soliciting contributions, on roadways, for various youth organizations, it is the purpose of this Section to protect children from serious bodily injury, by prohibiting solicitations of contributions of any kind by minors on roadways. (2) No minor shall enter into or stand on a roadway for the purpose of soliciting contributions of any kind from the occupant of any vehicle. (3) Enforcement and Penalties. (a) A police officer may issue a notice of violation, in the amount of twenty-five (25) dollars, to any minor in violation of this Section, in accordance with Section of this Code. (b) Any adult allowing a minor, under his or her care, custody or control, to violate the provisions of this Section may be issued a notice of violation in the amount of one hundred (100) dollars Daytime Curfew. 54 (1) Unlawful Conduct of Minors. Except as provided in subsection (2) of this Section, no minor of compulsory school age shall remain in or upon any public place or establishment between the hours of 9:00 AM and 1:00 PM on any day during which such minor's school is in session. (2) Exceptions. The provisions of this Section shall not apply: (a) To a minor who has written permission, in his or her possession from school authorities, excusing his or her attendance at school and allowing such minor to be in a public place or establishment at that particular time; (b) To a minor enrolled in a home education program, in accordance with the provisions of 24 P.S who has written permission, in his or her possession from his or her supervisor as defined in that Section, allowing such minor to be in a public place or establishment at that particular time; (c) To a minor who is directly going to or coming from such minor's place of employment or a medical appointment; (d) To a minor who is accompanied by a parent; or (e) To a minor otherwise exempt under state law from attending school and who can verify such exemption. (3) Parental Responsibility. The parent of any minor in violation of the provisions of this Section shall be in violation of this Section. (4) Penalties. The penalty for a violation of this Section shall be a fine of not more than three hundred (300) dollars. (5) Enforcement. (a) Any law enforcement officer who finds a minor to be in violation of the provisions of this Section shall obtain the minor's name, address and age and the name and address of the minor's parent and shall serve upon the minor a notice of violation. The foregoing information shall be transmitted to the Bureau of Administrative Adjudication which shall cause the notice of violation to be served, by first class mail, on the parent of the minor. (b) Notices of violation shall be issued pursuant to the procedures set forth in Section of this Code. Any person to whom a notice of violation is issued, may, within ten (10) days of receipt, pay twenty-five (25) dollars in lieu of contesting the violation and in lieu of any other fines or penalties. The notice of violation shall contain an appropriate notice to the recipient of his or her right not to contest the violation and appropriate instructions and procedures for payment, as prescribed by the Director of Finance. (6) Non-exclusivity. The penalties and remedies contained herein shall be in addition to any other penalties or remedies available under state law and regulations. CHAPTER NOISE AND EXCESSIVE VIBRATION 55

16 Legislative Findings. (1) The City Council of the City of Philadelphia finds: (a) that noise and excessive vibration degrade the environment of the City to a degree which: (.1) is harmful and detrimental to the health, welfare and safety of its inhabitants; (.2) interferes with the comfortable enjoyment of life, property and recreation and with the conduct and operation of business and industry; and (.3) causes nuisances; (.4) during the course of various public events important within the cultural and civic framework of the City's annual activities, such as the Mummers Parade, tends to cause discomfort, disruption and annoyance both to the event participants and its observers; 56 (b) that no one has any right to create noise or excessive vibration; (c) that effective control and elimination of noise and excessive vibration is essential to the furtherance of the health and welfare of the City's inhabitants and to the conduct of the normal pursuits of life, recreation, commerce and industrial activity. (2) It is the intent and purpose of this Chapter: (a) to prevent noise and excessive vibration and to limit, control and eliminate noise and excessive vibration in general from whatever source; (b) to empower the Board of Health to promulgate regulations to effect the above. (3) It is the further intent of City Council that: (a) all City of Philadelphia agencies, including the Police Department, shall cooperate in the implementation of this Chapter; 57 (b) whenever permitted by law, the provisions of this Chapter shall apply to all governmental jurisdictions and their agencies in the operation of facilities located within the City of Philadelphia; (c) the Department of Public Health of the City of Philadelphia shall cooperate with other governmental jurisdictions in the control and elimination of noise and excessive vibration; and (d) contractors and vendors providing services and products to the City shall comply with the requirements of this Title Definitions. 58 The following definitions shall apply to this Chapter and the Regulations adopted hereunder: (1) Background sound level. The measured sound level in the area, exclusive of extraneous sounds and the sound contribution of the specific source in question. (2) Board. The Board of Health. (3) Construction. Site preparation, excavation, filling or grading or the assembly, erection, repair, alteration or demolition of any structure or part of the right-of-way. (3.1) Concert venue. A facility used for musical or similar performances with a seating capacity of more than 1, (4) Decibel (db). A unit for measuring the volume of sound equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure which is 20 micropascals (20 micronewtons per square meter). (5) Department. The Department of Public Health, Health Commissioner or any authorized representative thereof. (6) Emergency and Public Works Construction. Construction necessary to protect health and safety, construction by public utilities, and construction on streets, bridges and sidewalks for public works purposes or such other construction activity specifically designated by the City as emergency construction after consultation with the Health Department. (7) Extraneous sound. A sound the level of which does not remain generally constant during measurement. (8) Person. Any individual, natural person, syndicate, association, partnership, firm, corporation, institution, agency, authority, department, bureau or instrumentality of federal, state or local government or other entity recognized by law as a subject of rights and duties. (9) Property Boundary. In the case of a single-family dwelling, or a property used solely for non-residential purposes, the legal property line. In the case of a structure containing two-family, multi-family or other non-single- family residential dwellings, the legal property line and any partition between separately occupied units within the property. (10) Public Right-of-Way. Property to which the public has a legal right of access including, but not limited to, public sidewalks and streets and public parks, but not including buildings. (11) Regular Construction. Construction between the hours of 7 a.m. and 8 p.m., Monday through Friday, or between the hours of 8 a.m. and 8 p.m. on weekends and legal, national or state holidays. (12) Siren. A device manually or electrically operated for producing a penetrating warning sound. (13) Residential property. Any portion of any property at which people reside on a permanent basis, including exterior portions of the property and the common areas of a multi-unit residential property. 60 (14) Sound. An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. (15) Sound Level Meter. An instrument used to measure sound pressure levels. (16) Unamplified Human Voice. Human vocal sound that is not amplified by any mechanical or electronic means. (17) Vibration. An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity or acceleration with respect to a given reference point Prohibited Conduct. 61 (1) Sound Near Protected Facilities. No person shall create or cause, or permit the creation of, sound that exceeds 3 decibels above background level measured at the property boundary of any hospital, nursing home, house of worship, courthouse, school, library or day care facility. This provision shall apply, notwithstanding the potential applicability of a less restrictive standard in this Chapter.

17 (2) Sound From Residential Properties. No person shall create or cause, or permit the creation of, sound originating from a residential property audible at a distance greater than one hundred feet from the property boundary or that exceeds 3 decibels above background level measured beyond the property boundary except for the following: (a) the operation of lawn maintenance equipment between the hours of 8 a.m. and 8 p.m., provided the equipment is functioning within manufacturer's specifications and with sound-reducing equipment in use and in proper operating condition; (b) sound originating from an air conditioning or refrigeration unit or system; sound from such a source shall not exceed: (i) 5 decibels above background level measured at the property boundary of the nearest occupied residential property; (ii) 10 decibels above background level measured at the property boundary of the nearest occupied non-residential property; (c) sound from animals, to which the restrictions of paragraph (6) apply; and (d) the unamplified human voice. (3) Sound From Non-Residential Properties. No person shall create or cause, or permit the creation of, sound originating from a property used for a nonresidential purpose that exceeds: (a) 5 decibels above background level measured at the property boundary of the nearest occupied residential property; or (b) 10 decibels above background level measured at the property boundary of the nearest occupied non- residential property. (4) Special Assembly Occupancies. No person shall create or cause, or permit the creation of, sound originating from a special assembly occupancy, as defined under Subcode B (The Building Code) of Title 4 of this Code, audible at a distance greater than one hundred feet from the property boundary of such special assembly occupancy. This subparagraph shall apply regardless whether it is more restrictive than the limitations imposed by paragraph (3) of this Section. (5) Sound From Concert Venues and Stadia. No person shall create or cause, or permit the creation of, sound originating from a concert venue or stadium that contributes to a total sound level, exclusive of extraneous sounds, that exceeds 70 decibels measured at the property boundary of the nearest occupied residential property. (6) Animal Sounds. No person shall cause or permit more than 5 expressions of sound from one or more animals (such as individual barks from one or more dogs) during a five minute period from any property audible at a distance greater than 50 feet from the property boundary. This shall not apply to zoos, veterinary hospitals or clinics, animal shelters, a circus or other licensed entertainment venue, or a facility used for educational or scientific purposes, such as schools and laboratories. (7) Sound Created In The Right-Of-Way. No person shall create or cause, or permit the creation of, sound in the public right-of-way: (a) abutting a residential property by amplification from a radio, tape player or similar device between the hours of 9 p.m. and 8 a.m., unless used in connection with an earplug or earphones which will prevent significant emanation of sound from such device; or (b) that exceeds the levels permissible for sound emanating from property directly abutting such portion of the right-of-way. (c) The limitations of this paragraph shall not apply to a Demonstration for which a permit has been obtained pursuant to the City's "Regulation Governing Permits For Demonstrations On City Property". The Department of Health may adopt, by regulation, additional limitations applicable to public demonstrations and sound-making activity in the right-of-way. (8) Exception for Construction Activity. The restrictions of paragraphs (1) through (5) and 7(b) do not apply to regular construction and emergency and public works construction, provided that all equipment used in connection with such construction is maintained and operated in compliance with all applicable law. (9) Amplified Devices on Public Transportation. No radio, tape player or other similar amplified device may be used on a public transportation vehicle unless the user of the device utilizes an earplug or earphones that prevent anything other than minimal sound to emanate beyond the user. (10) Sirens. (a) Sirens shall be operated only during emergency situations. No siren shall exceed 128 decibels more than 10 feet from the source. (b) No anti-theft or anti-intruder alarm system siren, whether for a home or a vehicle, shall sound, either continuously or intermittently, for a course of more than 15 minutes or for more than 15 minutes in a one hour period. All such sirens shall be equipped with a reset device that causes automatic shutoff 15 minutes after the start of the alarm. (11) Excessive Vibration. No person shall create or cause, or permit the creation of, vibration levels that exceed 0.15 inches per second beyond any property boundary or 30 yards from any moving source. (12) Exemptions. 62 The provisions of this Section shall not apply to the following: (a) Aircraft; (b) Airport and railroad operations; (c) Licensed fireworks displays; (d) Sounds lasting no more than 5 minutes in any one hour created by bells, chimes, carillons, or the human voice, or by electronic or mechanical devices that reproduce such sounds, while used in connection with a religious institution; (e) Sounds created by school bells or chimes or by electronic or mechanical devices when used by schools to reproduce such sounds; and (f) Sounds lasting no more than 5 minutes in any one hour created by a clock or bell tower to mark time through the use of bells or chimes or electronic or mechanical devices that reproduce such sounds Enforcement. 63 (1) The Department of Public Health, the Police Department, and the Department of Licenses and Inspections shall have the power to effect compliance with this Chapter and any Regulations adopted hereunder, by: (a) issuance of a Code Violation Notice under the provisions of Section of this Code; and (b) initiation, through the Law Department, of appropriate legal proceedings: (.1) for the imposition of a penalty under this Chapter; or (.2) in order to prevent, restrain or abate noise or excessive vibration prohibited by this Chapter or Regulations adopted hereunder, or the violation of the provisions of any order made under Section (2) In addition, the Department shall have the authority to issue an order pursuant to Section commanding all necessary actions or forebearances, and specifying a maximum period of time for the installation of any equipment or any other measures necessary to achieve compliance. (3) Continuing violations of this Chapter, any Regulation adopted hereunder, or any order of the Department made hereunder are hereby declared to be a

18 public nuisance per se. Where the Department determines that a nuisance exists, the Department, in addition to or in lieu of invoking any other sanction or remedial procedure provided, may certify the existence of a nuisance per se, to the Department of Licenses and Inspections, which shall provide notice of the certification to the violator and itself or by contract abate and remove the violation; charge the cost of the abatement or removal to the person responsible therefore; and with the approval of the Law Department, collect the cost by lien or otherwise as may be authorized by law. (4) The imposition of any penalty under this Chapter shall not prevent the City from instituting any appropriate administrative action or proceeding or any action at law or equity to require compliance with the provisions of this Chapter, regulations adopted hereunder, or administrative orders and determinations made hereunder Additional Powers and Duties of The Department of Public Health. 64 The powers and duties to be exercised by Department of Public Health shall include the following: (1) The Department shall investigate complaints about noise or excessive vibration, make observations and maintain surveillance of the discharge or escape of noise or excessive vibration. The names and addresses of complainants shall be kept confidential by the Department. (2) The Department may inspect from time to time any installation, premises, equipment, devices and appurtenances thereto that may, can or do cause noise or excessive vibration, and the Department may take measurements and make analyses of such noise or excessive vibration. Where directed, the owner shall provide assistance in obtaining normal operating conditions during periods of measurement. (3) The Department shall prescribe standard methods and procedures for the measurement and the analysis of sound and vibration, as may be required or necessary to evaluate performance and compliance with this Chapter and Regulations adopted hereunder. (4) The Department may require from the owner of any source of sound and/or vibration which may be or is in excess of that permitted by this Chapter or the Regulations adopted hereunder, such information, plans, specifications, analyses, performance data and tests or examinations as will disclose the nature, effects, extent, quantity or degree of sound or vibration which are or may be discharged from such source. (5) The Department may order the owner, lessee or his agent, of any applicable facility, to conduct at his expense such tests as are necessary in the opinion of the Department to determine whether such facility is in compliance with this Chapter and the Regulations adopted hereunder. Test results shall be submitted to the Department within 10 days after the tests are completed. Such tests shall be conducted by professionally competent personnel and in a manner approved by the Department and subject to witness by the Department. (6) The Department may require the submission of information on the sources of sound or vibration which may be or is in excess of that permitted by this Chapter or the Regulations adopted hereunder, including the nature, characteristics, intensity and frequency, the period of operation, the effects and the location of such sources. (7) The Department may classify sources and identify those which tend to create noise or excessive vibration problems. At such designated sources, it may order the installation and operation of testing or measuring equipment or other measures to detect noise or excessive vibration, on a continuous or periodic basis, to determine the intensity and frequency, and to record this information on time charts subject to inspection by the Department. It may require that the installations be equipped to activate alarms, control equipment, and process regulators. (8) The Department may require the designation of a person, or persons, to be responsible for noise or excessive vibration control operations and the submission of reports and information. (9) The Department may approve improvement plans and schedules for compliance for the renovation of existing equipment, the installation of new systems of noise or excessive vibration control, or a change in basic processes. The Department may establish special operational requirements necessary to minimize noise or excessive vibration during this period as a condition of approval. Violations of these conditions shall be considered a violation of this Chapter. The existence of such an approved improvement plan will have no bearing on any violations due to conditions not covered by the plan. (10) The Department shall conduct or contract for the in-service training of its personnel in the observation and measurement of sound and vibration. (11) The Health Commissioner, or his designee, shall administratively hear objections to orders of the Department where error is alleged. Consideration of such objections shall be limited to adequacy of notice, matters of fact, existence of violation, and reasonableness of the time specified for compliance. The Health Commissioner may sustain, modify or revoke any order where error is found to exist. (12) The Health Commissioner, or his designee, may appoint such technical advisory committees as he deems necessary Penalties. 65 (1) The penalty for an initial violation of this Chapter is a fine of not less than one hundred (100) dollars and not more than three hundred (300) dollars. (2) For a second violation within twelve months of a prior violation, the penalty is a fine of not less than two hundred (200) dollars and not more than four hundred (400) dollars. (3) For a third violation within twelve months of two prior violations, the penalty is a fine of not less than three hundred (300) dollars and not more than five hundred (500) dollars. (4) For a fourth, or subsequent, violation within twelve months of three or more violations, the penalty is a fine of not less than five hundred (500) dollars and not more than seven hundred (700) dollars. (5) A violation of the same requirement shall be considered as a separate violation for each day the violation continues Powers and Duties of the Board of Health. 66 The Board of Health shall have the following powers and duties: (1) to promulgate regulations, implementing this Chapter, preventing noise and excessive vibration, and limiting, controlling or prohibiting noise and excessive vibration from any sources. Such regulations may include, but are not limited to, the following: (a) the intensity, frequency, duration and other characteristics of sound and vibration, the circumstances under which sound and vibration are permitted, and the degree of control required for sound and vibration; (b) noise and excessive vibration and related actions which are prohibited; (c) the types and kinds of control measures and actions, including specifications and/or performance requirements, which may be required to control

19 or eliminate noise and excessive vibration; (2) to promulgate regulations to establish objectives for the prevention of community degradation, due to noise and excessive vibration, to establish areas where objectives are applicable, and limiting, prohibiting, or otherwise controlling noise and excessive vibration. Such regulations may include, but are not limited to, the control or prohibition of acts that may cause sounds or vibrations prohibited by or in excess of that permitted by this Chapter or regulations adopted hereunder, including each and every means enumerated in paragraph (1) of this Section; (3) to classify sources of sound and vibration by character, process, industry, cause, effects, or other reasonable system for the purpose of promulgating regulations requiring the application of measures to control and/or eliminate noise and excessive vibrations Inspection. 67 (1) The Department of Public Health is authorized to make inspections, including the requiring of information and reports, the taking of measurements, and the performance of tests, as necessary, to determine compliance with this Chapter and Regulations adopted under it. For this purpose, the Department is authorized to enter and examine any establishment, institution or private residence at all reasonable times, as provided by law. Where the City of Philadelphia has jurisdiction, vehicles, ships and airplanes may be inspected by uniformed employees of the City of Philadelphia. (2) Where the Department of Public Health is satisfied that any other governmental or private agency or industry requires compliance with standards which are at least equivalent to comparable City standards, that their inspection service is effective, that an acceptable level of compliance is maintained and that such compliance is required by inspectors approved by the Department, it may accept the result of such inspections in lieu of making its own inspections. (3) The Department of Public Health shall continue to exercise any functions and perform any duties in administering and enforcing the provisions of any act of the Commonwealth of Pennsylvania which is not hereby affected and which is or may be vested in or placed upon the Department so long as such acts remain in force. (4) The Department of Public Health shall cooperate with state and federal inspection agencies and the regional agency, when and if one is empowered to act; that duplication of inspection shall be avoided wherever feasible and consistent with the protection of the public; and that reciprocity between, and augmentation of, existing inspectional services shall be encouraged Orders. 68 (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 (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 Powers Reserved to the Department Under Existing Laws. 69 (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 Severability. 70 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. CHAPTER PROPERTY DAMAGING, DEFACING AND INTERFERING WITH Prohibited Conduct. (1) No person shall destroy, damage, or deface in any way, public or private real property, whether occupied, vacant and/or abandoned, including any: 72 (a) public or private buildings, fences, or trees; 73

20 (b) public street lights, fire hydrants, pumps, fountains, inlets, manholes, or sewer ventilators; 74 (c) telephone or telegraph wires or electric wires of any kind, or the poles sustaining or attaching them; 75 (d) statue, monument or plaque; 76 (e) official notices or signs posted by the Commonwealth, the City, or any public agency. 77 (2) No person shall: (a) extinguish or diminish the light from or remove fuel from any public street light, lamp, lantern or fixture; 78 (b) obstruct the mouth of any sewer or drain or remove, possess or sell any inlet, manhole cover, or sewer ventilator or any part of any sewer or drain without written authorization from the Commissioner of the Water Department; 79 (c) post any sign, placard, or circular upon any pole used for attaching or sustaining electric wires; 80 (d) remove the protecting poles which are placed across freshly paved or repaved streets; 81 (e) throw stones, bricks, or other missiles into any street, yard, vacant lot, public park or square, or market; 82 (f) unlock without authority or break open any gates of any public square, park, or playground of the City; 83 (g) place any obstruction within 15 feet of any fire hydrant or open any valve box or manhole cover controlling access to or use of a public utility or underground conduit; 84 (h) use any City facility or enter into any City property without authority. 85 (3) The parent, legal guardian or other legally responsible adult of any child under the age of eighteen (18) years who violates subsection (1) or (2) shall also be in violation of this Section Penalties. 87 (1) The penalty for violation of (1) or (3) of this Chapter shall be a fine of not less than $100 nor more than $300 except that acts of graffiti shall be subject to a fine of $300. The Court may in its discretion suspend the fine if the offender agrees to and does in fact perform such community service as the court deems appropriate, which may include but need not be limited to restoring the property to the condition it was in prior to its destruction, damage or defacement or, agrees to and does in fact provide restitution to the condition it was in prior to its destruction, damage or defacement, for the restoration of the property whichever the Court determines is appropriate under the circumstances. In making this determination, the Court shall also consider recommendations made by the victim. 88 (2) The penalty for violation of subsection (2) of this Chapter shall be a fine of not less than fifty (50) dollars, nor more than three hundred (300) dollars. (3) Repeat Offenders. 89 Any person who commits, on more than one occasion, an act of graffiti in violation of Section (1) shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of three hundred ($300) dollars, or imprisonment for not more than ninety (90) days, or both. Each violation, after the first, shall constitute a separate Repeat Violation offense Spitting. 90 CHAPTER PUBLIC PLACES PROHIBITED CONDUCT (1) No person shall spit on the sidewalks, streets, subways, concourses, floors or passageways of public buildings, or in any other place frequented by the public Smoking. 91 (1) Short Title. This Section shall be known and may be cited as, "The Clean Indoor Air Worker Protection Law". (2) Definitions. The following definitions apply to this Section: (a) "Drinking Establishment." Any Food or Beverage Establishment whose on-site sales of food for consumption on the premises comprises no more than 20% of gross sales of both food, non-alcoholic and alcoholic beverages on an annual basis, or on such other basis as the Department of Licenses and Inspections shall by regulation provide with respect to such establishments that have been open for less than one full year. 92 (b) "Enclosed Area." All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling. (c) "Food or Beverage Establishment." Any restaurant, bar, coffee shop, cafeteria, sandwich stand, diner, fast food establishment, cafeteria, banquet hall, catering facility, food court, or any other eating or drinking establishment which gives or offers for sale food or drink to the public, guests, or employees whether for consumption on or off the premises, and including any such eating or drinking establishment located in a Lodging Establishment, Sports or Recreational Facility, or Theater or Performance Establishment. (d) "Lodging Establishment." Any hotel, motel, inn, resort, guest house, bed and breakfast establishment, or other building which holds itself out by any means, including advertising, license, registration with an innkeepers' group convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space, such as space for food and beverage service or meeting rooms, for consideration to persons seeking temporary accommodation. (e) "Private Club." Any reputable group of individuals associated together as an organization for legitimate purposes of mutual benefit, entertainment, fellowship or lawful convenience which regularly and exclusively occupies, as owner or lessee, a clubhouse or quarters for the use of its members; and, which holds regular meetings, conducts its business through officers regularly elected, admits members by written application, investigation and ballot, and charges and collects dues from elected members. The club shall either be incorporated or, if unincorporated, provide proof of its continuous existence for the past ten years in a manner

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