Tortious Failure to Make an Identifying Badge Visible.
Philadelphia Code § 10-846
in effect§ 10-846. Tortious Failure to Make an Identifying Badge Visible.
(1) Definitions. The following definitions shall apply to this Section:
(a) Law Enforcement Officer. Any “peace officer” as defined in 18 Pa. C.S. § 501 (relating to definitions), including but not limited to local, state or federal officers.
(2) Except as provided in subsection (3), a law enforcement officer is liable for tortious failure to make an identifying badge visible if the law enforcement officer, while performing official duties and interacting with the public, fails to:
(a) Visibly display a badge, tag or label clearly identifying the name, rank, and entity that employs the law enforcement officer at all times;
(b) Produce a badge, tag or label upon request; or
(c) Use a vehicle that contains clear identifying information for the entity that employs the law enforcement officer which is visible to individuals other than such law enforcement officer.
(3) Exception. The provisions of subsection (2) shall not apply to a law enforcement officer employed by a law enforcement agency that maintains and publicly posts a written policy pursuant to Section 10-848.
(4) Private Right of Action. The City Solicitor or any individual aggrieved by a violation of this Section or any entity a member of which is aggrieved by a violation of this Section may bring a civil action in a court of competent jurisdiction against a county, city, department or agency that employs a person violating this Section. The limitations period for a civil action brought pursuant to this Section shall be three (3) years from the date the complainant knew or should have known of the alleged violation.
(5) Remedies. A court of competent jurisdiction may order the following remedies:
(a) An order requiring the county, city, department or agency to cease and desist the unlawful practice;
(b) Payment of compensatory or punitive damages, provided that an aggrieved person shall make a reasonable effort to mitigate any damages;
(c) Payment of reasonable attorneys’ fees;
(d) Payment of court costs;
(e) Payment of a fine not to exceed two thousand dollars ($2,000) for each violation; and
(f) Other equitable relief.
(6) Severability. If any provision of this Section or application thereof to any person or circumstance is judged invalid, the invalidity shall not affect other provisions or applications of the Section which can be given effect without the invalid provision or application, and to this end the provisions of this Section are declared severable.
Notes
317.4 | Added, Bill No. 260060 (became law May 8, 2026), effective July 7, 2026.
Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-309241Fetched: 10/27/2026