For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

SAFETY

Philadelphia Code tit. 10, ch. 10-800
in effect

Philadelphia Code § 10-801 Abandoned Iceboxes.

§ 10-801. Abandoned Iceboxes. (1) No person shall place or permit the placing outside of any building in a place accessible to children any abandoned or unattended icebox, refrigerator, or any other container which has an airtight door or lock which cannot be released for opening from the inside of such icebox, refrigerator, or container. Notes 235 | Source: 1953 Ordinances, p. 620.

Philadelphia Code § 10-802 Building Activities in Streets.

§ 10-802. Building Activities in Streets. (1) No person shall mix any lime, cement, mortar, or any product containing lime on the streets of the City except in leakproof containers, so constructed that nothing mixed in them will fall onto the street. In the case of lime products, the container shall be raised at least 4 inches off the ground by substantial supports. (2) No person shall make any fire for the melting of solder or for the heating of roofing material or for any other building purpose upon paved public streets except in a metal container the bottom of which is raised at least 2 feet off the ground. Notes 236 | Source: 1892 Ordinances, p. 136; 1917 Ordinances, p. 263.

Philadelphia Code § 10-803 Excavations and Obstructions.

§ 10-803. Excavations and Obstructions. (1) The owner of any real estate abutting any street shall enclose the real estate with a suitable fence where: (a) a building is being erected or an excavation is being made for building purposes or for purposes of repairing or maintaining buildings or other structures or facilities; (b) it is unimproved and otherwise dangerous; (c) it is of a higher grade than the adjoining land and is in such condition that dirt therefrom is washed down upon the sidewalk by the action of the elements. (2) In the case of subsection 10-803(1)(c), the owner shall also grade back such real estate. (3) No one shall make any excavation on any property which excavation extends below the surface of the adjoining property or below the existing grade or the City Plan grade for that area without first submitting to the Department of Licenses and Inspections plans setting forth the purpose of the proposed excavation and the manner in which the public will be protected from it and obtaining from the Department a permit to make such excavation. 238 (a) The Department of Licenses and Inspections shall refuse to grant a permit if it determines that the proposed excavation or the plan of protection is contrary to the public welfare or safety. (b) Nothing in subsection 10-803(3) shall apply to an excavation made for the purpose of construction, repairing or maintaining buildings or other structures or facilities on the land excavated. (4) The owner of any land upon which there exists any excavation, quarry, or other depression in which water has accumulated to a depth dangerous to children, and to which children have access with or without permission of the owner, shall immediately submit a plan for the abatement of such condition to the Department of Licenses and Inspections. The Department shall forthwith approve or amend the plan and shall issue a written order to such owner setting forth the manner in which and the time within which such condition shall be abated. The Department shall also issue such a written order in the event that a person fails to file a plan of abatement as required by this subsection. 239 (5) The creation or continuance of any condition described in subsection 10-803(1), (3) or (4) is a public nuisance. (6) The Department of Licenses and Inspections shall order any person violating subsection 10-803(1), (3) or (4) to comply with such subsections by fencing his land, abating the unlawful conditions thereon, or otherwise safeguarding the public as may be required, from such condition within such reasonable time as the Department shall determine. (7) Upon failure of the owner of any real estate to comply with an order of the Department of Licenses and Inspections issued pursuant to subsection 10-803(4), (5) or (6) the Department may itself or by contract abate the condition and charge the cost to the owner of such property, and the Law Department may take such action for the collection of such costs by lien or otherwise as may be authorized by law. (8) Each day any violation of the provisions of this Section occurs or continues shall be considered a separate offense. 240 Notes 237 | Source: 1897 Ordinances, p. 222; 1909 Ordinances, p. 226. 238 | Source: 1952 Ordinances, p. 403. 239 | Source: 1952 Ordinances, p. 403. 240 | Former subsection (8) deleted, Bill No. 171122 (approved March 14, 2018). Enrolled bill failed to renumber subsequent subsection (9); renumbered by Code editor.

Philadelphia Code § 10-804 False Reports or Alarms for Police or Fire Services.

§ 10-804. False Reports or Alarms for Police or Fire Services. (1) No person shall knowingly make or cause to be made any false report or alarm, or misleading call or request for any of the services of the Fire Department or of the Police Department of the City. 242 Notes 241 | Source: 1954 Ordinances. 242 | Amended, 1958 Ordinances, p. 760.

Philadelphia Code § 10-805 Hoisting Heavy Objects.

§ 10-805. Hoisting Heavy Objects. (1) No one shall hoist or lower any heavy object above the sidewalks without first placing substantial safeguards marked with the word "Danger" across the sidewalk so as to prevent the passing of pedestrians over such sidewalks. Notes 243 | Source: 1891 Ordinances, p. 107.

Philadelphia Code § 10-806 Reviewing Stands - Construction.

§ 10-806. Reviewing Stands - Construction. (1) Any stand erected for the purpose of reviewing any parade, procession, or festivity of any kind must be erected in conformity with the conditions and regulations issued by the Department of Licenses and Inspections. (2) The Department of Licenses and Inspections shall order any stand built in violation of the conditions and regulations issued by the Department of Licenses and Inspections to be dismantled or removed immediately or may perform such dismantling and removal itself or by contract, the cost to be charged against the person causing such stands to be erected. The Law Department may take such action for the collection of such costs by lien or otherwise as may be authorized by law. Notes 244 | Source: 1898 Ordinances, p. 209; amended, Bill No. 171118 (approved March 14, 2018).

Philadelphia Code § 10-807 Reserved. [Amended, 1961 Ordinances, p. 517. Note: this Section has been deleted and replaced by Section 10-719.]

Philadelphia Code § 10-809 Water Control.

§ 10-809. Water Control. (1) Fire hydrants shall be used only by: (a) Authorized City employees; or (b) Persons who have obtained a permit from the Department of Licenses and Inspections or other department designated by the Water Department. (2) Fire hydrants shall be operated only by use of fire hydrant wrenches of a type approved by the Water Department. (3) Emergency Water Shortage. The Water Commissioner shall promulgate regulations governing the use of water during a drought or other emergency necessitating the conservation of water. No person, with or without permit, shall use water for purposes or in any manner prohibited by such regulations during such times as the Water Commissioner declares such regulations to be in effect in order to conserve water in a drought or for other emergency purposes. (4) Prohibited Conduct. (a) No person other than those referred to in subsections (1)(a) and (1)(b) shall use or possess in any street or public place a fire hydrant wrench. (b) No person shall sell or offer to sell any fire hydrant wrench unless the purchaser, other than a City agency, produces a permit to use a fire hydrant. (5) Enforcement. 248 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 violation, license number of any vehicle or vehicles involved in the violation, 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 violation 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 ten dollars ($10), 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 amount set forth in subsection 10-809(6), plus court costs. (6) Penalty. 249 (a) The penalty for violation of any provision of this Section shall be a fine of twenty dollars ($20) for the first offense, fifty dollars ($50) for the second offense, and three hundred dollars ($300) for each subsequent offense. If a wrench or other device has been used in violation of this Section and has not previously been surrendered, the violator shall be ordered to surrender the wrench or other device to the Water Department. (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 wrench is not surrendered and any court fine or costs are 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. (d) In addition to the foregoing penalties, any police officer shall be duly authorized to seize and deliver into the custody of the Water Department any wrench used in violation of this Section. (e) The imposition of the penalties authorized by this Section is in addition to any remedy the City may have for loss or damage caused as a result of violation of this Section. Notes 247 | Repealed and new Section added, 1975 Ordinances, p. 992; amended, 1989 Ordinances, p. 1188. 248 | Added, Bill No. 15 (approved February 28, 1955). 249 | Amended and new subsections added, 1985 Ordinances, p. 87.

Philadelphia Code § 10-810 Weapons and Dangerous Devices.

§ 10-810. Weapons and Dangerous Devices. (1) Discharging Firearms. 250 No person shall fire or discharge recklessly and without reasonable cause any rifle, gun, pistol, or other firearm. (2) Water Pistols, Electric Canes, and Miniature Cannon. 251 (a) No one shall sell or offer for sale water pistols, electric canes, miniature cannon, or similar articles. 252 (b) No one shall use water pistols, electric canes, miniature cannon or similar articles in any street or public place. (3) Spring Guns, Air Guns and Bows and Arrows. 253 (a) No person shall sell, offer for sale at retail, or use, or possess with intent to use, any air gun, spring gun, or any implement not a firearm which forcefully impels a pellet of any kind. (b) No person shall sell, or offer for sale, at retail, any bow and arrow, to any person under the age of twenty-one (21) years unless the seller first obtains written evidence of parental consent to the proposed purchase by the minor. 254 (4) Toy or Imitation Firearms. 255 (a) No person shall sell or offer to sell, possess or use or attempt to use or give away, any toy or imitation firearm which substantially duplicates or can reasonably be perceived to be an actual firearm unless: (.1) The entire exterior surface of such toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or (.2) Such toy or imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation or toy firearm's complete contents; and (.a) The barrel of such toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with a blaze orange plug, permanently affixed, of the same material of which the toy or imitation firearm is made, for a distance of not less than one-half inch from the front end of said barrel; and (.b) Such toy or imitation firearm has legibly stamped thereon, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and (.c) Such toy or imitation firearm 256 does not have a laser pointer attached. (b) The provisions of subsection 10-810(8)(a) shall not apply to: (.1) The possession or display of toy or imitation firearms by a manufacturer or dealer solely for purposes of sales that are accompanied by delivery to a point outside of the City; (.2) Any toy or imitation firearm that will be used only for or in the production of television programs or theatrical or motion picture presentations, provided, however, that such use of any toy or imitation firearm complies with all applicable laws, rules or regulations concerning request and receipt of waivers authorizing such use; (.3) Non-firing collector replica antique firearms, which look authentic and may be scale models, but are not intended as toys and are modeled on real firearms, designed, manufactured and produced prior to 1898; (.4) Decorative, ornamental, and miniature objects having the appearance, shape or configuration of a firearm, including those intended to be displayed on a desk or worn as jewelry or on key chains, provided that the object measures no more than thirty-eight (38) millimeters in height or eighty (80) millimeters in length. (5) Switchblade Knives. 257 No person shall sell, offer for sale or carry any knife with a blade which is released by a spring mechanism including knives known as "switchblades". (6) Incendiary Paper. 258 No person shall manufacture, sell, offer for sale, carry or store any incendiary paper that has been chemically treated to vanish at the touch of a flame, including paper known as "flash paper". (7) Penalties. 259 (a) Whoever violates any provision of this Section or Section 10-821 shall, in addition to other penalties provided, forfeit the weapon, contraband, or dangerous device giving rise to the violation of such Section. (b) In addition to any other penalties, any person who sells or offers for sale at retail to a minor, any air gun, spring gun, or any implement, not a firearm, which forcefully impels a pellet of any kind, in violation of subsection 10-810(3)(a), shall have committed a Class III offense and shall be subject to the fines set forth in subsection 1-109(3), and upon referral from the Police Department, the Department of Licenses and Inspections, after providing notice and an opportunity to be heard, may suspend the commercial activity license of such person for no less than six months and no more than one year. (8) Confiscation. 260 Police officers shall seize and deliver into departmental custody any air gun, air pistol, spring gun, switch blade knife, incendiary paper, contraband weapons, toy or imitation firearm in violation of subsection 10-810(4), accessories and/or ammunition or other implement which shall be used, discharged, possessed, offered for sale or carried in violation of Section 10-810 or Section 10-821. Notes 250 | Source: 1864 Ordinances, p. 357, §§ 36 and 37; 1921 Ordinances, p. 167. Bill No. 140904 (approved February 18, 2015) provides that this subsection (1) shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly. 251 | Source: 1949 Ordinances, p. 813. 252 | Amended, 1956 Ordinances, p. 676. 253 | Source: 1950 Ordinances, p. 129. 254 | Amended, 1960 Ordinances, p. 260. 255 | Added, Bill No. 140718-A (approved November 14, 2014). 256 | Enrolled bill read "...toy or imitation or firearm...." 257 | Source: 1953 Ordinances, p. 97; renumbered, Bill No. 140718-A (approved November 14, 2014). 258 | Amended, 1956 Ordinances, p. 668; renumbered, Bill No. 140718-A (approved November 14, 2014). 259 | Amended, 1956 Ordinances, p. 668; amended, 1993 Ordinances, p. 781; amended, Bill No. 140637 (approved November 12, 2014); renumbered, Bill No. 140718-A (approved November 14, 2014). 260 | Amended, 1956 Ordinances, p. 668; amended, 1993 Ordinances, p. 781; renumbered and amended, Bill No. 140718-A (approved November 14, 2014).

Philadelphia Code § 10-811 Penalties.

§ 10-811. Penalties. (1) Unless otherwise provided, the penalty for violation of any Section of this Chapter is a fine of no less than one hundred fifty dollars ($150) nor more than three hundred dollars ($300) or imprisonment not exceeding ninety (90) days or both. Notes 261 | Amended, 1956 Ordinances, p. 676; amended, 1990 Ordinances, p. 715.

Philadelphia Code § 10-812 Removal and Abandonment of Shopping Carts.

§ 10-812. Removal and Abandonment of Shopping Carts. (1) No person shall remove a grocery or shopping cart from any store, shop, market or super market and leave or abandon such cart on any sidewalk, street, public parking lot or other property, public or private, not owned or controlled by the owner of such cart. (2) The provisions of Section 10-811, relating to penalties, shall be applicable to violations of this Section. Notes 262 | Amended, 1960 Ordinances, p. 159.

Philadelphia Code § 10-814 Acquisition or Transfer of Firearms.

§ 10-814. Acquisition or Transfer of Firearms. (1) Definitions. (a) Firearm. Any rifle, pistol, revolver, gun or shotgun. (b) Department. Department of Licenses and Inspections. (2) Prohibited Conduct. No person shall acquire or transfer any firearm in the City, and no person shall acquire a firearm outside of the City, which is brought into the City, unless application has been made to, and license obtained from, the Department. (3) Application. The applicant for a license shall pay a fee of two dollars ($2.00), for each transaction of acquisition or transfer regardless of the number of firearms transferred or acquired at that time, and supply the following information on forms provided by the Department: 265 (a) the name, and any other names by which applicant has been known; (b) the home address, and any other addresses at which applicant resided within five (5) years immediately prior to application; (c) the present business or occupation, and any business or occupation, in which applicant has engaged for five (5) years immediately prior to the application; (d) the date and place of birth of applicant; (e) the caliber, length of barrel, make, model and, if known, manufacturer's number of the firearm; (f) a statement by applicant indicating the date, place, nature and disposition of any criminal proceedings brought against the applicant for any offense other than traffic violations; (g) name, address and occupation, of the person from whom the firearm is to be acquired or transferred; and (h) a copy of applicant's fingerprints and his photograph. (4) License. (a) No license shall be issued unless the Police Department, after due investigation, approves the application. The Police Department shall not approve the application if it finds that applicant is either: (.1) under eighteen (18) years of age; (.2) a person convicted of either a crime of violence, any violation of the Uniform Firearms Act or carrying a concealed deadly weapon; (.3) a person convicted of selling, using or possessing narcotics; or (.4) an habitual drunkard. (b) A license shall be issued or refused within thirty (30) days after the filing of an application. (c) The license shall bear applicant's name, age, place of residence, and a full description of the firearm; and shall also have affixed thereto applicant's photograph, signature, and a copy of his fingerprints. (d) All persons licensed hereunder carrying a firearm on or about their persons shall carry the license for that firearm on their person as provided herein with the exception of: (.1) Employees of common carriers, banks or business firms whose duties require them both to protect moneys, valuables or other property in the discharge of such duties, and to carry firearms owned and supplied by their employers, but such employees shall carry a copy of said license; and (.2) persons less than eighteen (18) years of age accompanied by the parent or guardian licensed to acquire or transfer that firearm. (e) The Department shall revoke the license of any person who, subsequent to obtaining a license, has either: (.1) been convicted of a crime of violence, a violation of the Uniform Firearms Act or carrying a concealed deadly weapon; (.2) been convicted of selling, using or possessing narcotics; or (.3) become an habitual drunkard. (5) Duty of Transferor or Vendor. (a) No transferor or vendor shall give, transfer, sell or deliver possession of any firearm to any person unless the transferee or vendee supplies to the transferor or vendor the required license for the scrutiny of the vendor or transferor. (b) If no manufacturer's number of the firearm appears on the license, the transferor or vendor shall insert said number in the designated space, and shall forthwith notify the Police Department of the sale or transfer of the particular firearm and advise the Police Department of the manufacturer's number of said firearm which was inserted on the license. (6) Exclusions. No license shall be required under this Section: (a) by any governmental agency which owns or acquires firearms; or (b) for transfer of firearms between a manufacturer and a duly licensed dealer, or between one licensed dealer and another dealer, in their usual course of business; or (c) for licensed pawnbrokers, accepting a firearm as security or pledge for a loan, until the pawnbroker makes a sale or transfer of the firearm pledged to a person other than the owner, at which time a license shall be obtained for the sale or transfer, as provided herein. (7) Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300), or imprisonment of not more than ninety (90) days, or both. Notes 264 | Added, 1965 Ordinances, p. 237. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly. 265 | Amended, 1973 Ordinances, p. 902.

Philadelphia Code § 10-814a Acquisition or Transfer of Firearms.

§ 10-814a. Acquisition or Transfer of Firearms. (1) Definitions. (a) Firearm. Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon. (b) Department. The Philadelphia Police Department. (2) Prohibited Conduct. No person shall acquire or transfer any firearm in the City, and no person shall acquire a firearm outside of the City that is brought into the City, unless application has been submitted to, and license obtained from, the Department. (3) Application. The applicant for a license shall pay a fee of two dollars ($2.00), for each transaction of acquisition or transfer regardless of the number of firearms transferred or acquired at that time, and supply the following information on forms provided by the Department: (a) the name, and any other names by which applicant has been known; (b) the home address, and any other addresses at which applicant resided within five (5) years immediately prior to application; (c) the present business or occupation, and any business or occupation, in which applicant has engaged in the five (5) years immediately prior to the application; (d) the date and place of birth of applicant; (e) the caliber, length of barrel, make, model and, if known, manufacturer's number of the firearm; (f) a statement by applicant indicating the date, place, nature and disposition of any criminal proceedings brought against the applicant for any offense other than traffic violations; (g) name, address and occupation, of the person from whom the firearm is to be acquired or transferred; and (h) a copy of applicant's fingerprints and his photograph. (4) License. (a) No license shall be issued unless the Department, after due investigation, approves the application. The Department shall not approve the application if it finds that applicant is either: (.1) under eighteen (18) years of age; (.2) a person convicted of either a crime of violence, any violation of the Uniform Firearms Act or carrying a concealed deadly weapon; (.3) a person convicted of selling, using or possessing narcotics; (.4) An unlawful abuser of any controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. § 802); or (.5) unable to demonstrate knowledge of firearms safety. (b) A license shall be deemed refused if it is not issued within thirty (30) days after the filing of an application. (c) The license shall bear applicant's name, age, place of residence, and a full description of the firearm; and shall also have affixed thereto applicant's photograph, signature, and a copy of his or her fingerprints. (d) All persons licensed hereunder carrying a firearm on or about their persons shall carry the license for that firearm on their person as provided herein with the exception of: (.1) Employees of common carriers, banks or business firms whose duties require them both to protect moneys, valuables or other property in the discharge of such duties, and to carry firearms owned and supplied by their employers, but such employers shall maintain a copy of said license at their principal place of business; and (.2) persons less than eighteen (18) years of age accompanied by the parent or guardian licensed to acquire or transfer that firearm. (e) The Department shall revoke the license of any person who, subsequent to obtaining a license, has either: (.1) been convicted of a crime of violence, a violation of the Uniform Firearms Act or carrying a concealed deadly weapon; (.2) been convicted of selling, using or possessing narcotics; (.3) been an unlawful abuser of any controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. § 902); or (.4) lost ability to demonstrate knowledge of firearms safety. (5) Duty of Transferor or Vendor. (a) No transferor or vendor shall give, transfer, sell or deliver possession of any firearm to any person unless the transferee or vendee supplies to the transferor or vendor the required license for the scrutiny of the vendor or transferor. (b) If no manufacturer's number of the firearm appears on the license, the transferor or vendor shall insert said number in the designated space, and shall forthwith notify the Department of the sale or transfer of the particular firearm and advise the Department of the manufacturer's number of said firearm which was inserted on the license. (6) Exclusions. No license shall be required under this Section: (a) for any governmental agency which owns or acquires firearms; or (b) for transfer of firearms between a manufacturer and a duly licensed dealer, or between one licensed dealer and another dealer, in their usual course of business; or (c) for licensed pawnbrokers accepting a firearm as security or pledge for a loan, until the pawnbroker makes a sale or transfer of the firearm pledged to a person other than the owner, at which time a license shall be obtained for the sale or transfer, as provided herein. (7) Safety Training. (a) The requirement that all applicants shall demonstrate knowledge of firearms safety training shall be fully satisfied if the applicant: (.1) Submits a photocopy of a certificate of firearms safety training course completion, as defined in subsection (b) of this subsection signed by a qualified firearms safety instructor as defined in subsection (e) of this subsection; (.2) Submits a photocopy of a certificate that shows the applicant completed a firearms safety course given by or under the supervision of any state, county, municipal, 267 or federal law enforcement agency; or (.3) Is a licensed, qualified firearm safety instructor. (b) Any qualified firearms safety instructor may issue a certificate of firearm safety training course completion to any applicant. On the certificate of course completion the qualified firearms safety instructor shall 268 affirm that the individual receiving instruction has taken and passed a firearms safety course of at least eight hours in length taught by the instructor that included: (.1) Handgun safety in the classroom, at home, on the firing range and while carrying the firearm; (.2) A physical demonstration performed by the applicant that demonstrated his or her ability to safely load and unload a revolver and a semiautomatic pistol and demonstrated his or her marksmanship with both; (.3) The basic principles of marksmanship 269 ; (.4) Care and cleaning of concealable 270 firearms; (.5) Safe handling and storage of firearms at home; (.6) The laws relating to firearms promulgated by the federal government, the Commonwealth of Pennsylvania and the City of Philadelphia; (.7) The laws relating to the justifiable use of force; (.8) A live firing exercise of sufficient duration for each applicant to fire a handgun, from a standing position or its equivalent, a minimum of fifty rounds at a distance of seven yards from a B-27 silhouette target or an equivalent target; and (.9) A live fire test administered to the applicant while the instructor was present of twenty rounds from a standing position or its equivalent at a distance from a B-27 silhouette target, or an equivalent target, of seven yards. (c) A qualified firearms safety instructor shall not give a grade of "passing" to anyone who: (.1) Does not follow the orders of the qualified firearms instructor or cognizant range officer; (.2) Handles a firearm in a manner that, in the judgment of the qualified 271 firearm safety instructor, poses a danger to the applicant or to others; or (.3) During the live fire testing portion of the course fails to hit the silhouette portion of the targets with at least fifteen rounds. (d) Qualified firearms safety instructors who provide firearms safety instruction to any person who applies for a concealed carry endorsement shall: (.1) Make the applicant's course records available upon request to the sheriff of the county in which the applicant resides; (.2) Maintain 272 all course records on students for a period of no less than four years from course completion date; and (.3) Not have more than forty students in the classroom portion of the course or more than five students per range officer engaged in range firing. (e) A firearms safety instructor shall be considered to be a qualified firearms safety instructor if the instructor: (.1) Is a valid firearms safety instructor certified by the National Rifle Association holding a rating as a personal protection instructor or pistol marksmanship instructor; (.2) Submits a photocopy of a certificate from a firearms safety instructor's course offered by a local, state, or federal governmental agency; (.3) Submits a photocopy of a certificate from a firearms safety instructor course approved by the department of public safety; (.4) Has successfully completed a firearms safety instructor course given by or under the supervision of any state, county, municipal or federal law enforcement agency; or (.5) Is a certified police officer firearms safety instructor. (8) Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300), or imprisonment of not more than ninety (90) days, or both. Notes 266 | Added, Bill No. 040136-A (approved May 9, 2007). Section 2 of Bill No. 040136-A provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly. Upon becoming effective, this Ordinance shall repeal Section 10-814 of The Philadelphia Code entitled ‘Acquisition or Transfer of Firearms.'" 267 | Enrolled Bill No. 040136-A read "muniipal". 268 | Enrolled Bill No. 040136-A read "shjall". 269 | Enrolled Bill No. 040136-A read "markmanship". 270 | Enrolled Bill No. 040136-A read "cancelable". 271 | Enrolled Bill No. 040136-A read "quqalified". 272 | Enrolled Bill No. 040136-A read "maintan".

Philadelphia Code § 10-815 Hunting.

§ 10-815. Hunting. (1) No person shall go upon land owned or controlled by the City or any public authority with a rifle, gun, pistol, or other firearm or with bows and arrows for the purpose of hunting wildlife. (2) No person while hunting wildlife shall discharge any rifle, gun, pistol or other firearm or arrow into land owned or controlled by the City or any public authority. (3) The Departments of Streets and Public Property, and the Fairmount Park Commission are hereby authorized to post signs at appropriate locations stating that hunting is prohibited, and specifying the penalties for violating that prohibition. Such signs shall be prominently placed at sufficient sites where illegal hunting is likely to be conducted so as to provide maximum public awareness of the contents thereof. 274 (4) The penalty for any violation of this Section shall be a fine of three hundred dollars ($300), together with the cost of prosecution and imprisonment not exceeding ninety (90) days if fine and costs are not paid within ten (10) days. 275 Notes 273 | Added, 1967 Ordinances, p. 52. 274 | Added, 1988 Ordinances, p. 295. 275 | Amended and renumbered, 1988 Ordinances, p. 295.

Philadelphia Code § 10-816 Incendiary Devices.

§ 10-816. Incendiary Devices. (1) Definition. (a) Incendiary Device. Any inflammable liquid enclosed in a readily breakable container that can be equipped with an igniter of any type. (2) Prohibited Conduct. No person or groups of persons shall own, manufacture, sell, transfer, use or possess any incendiary device or similar device or parts thereof including, but not limited to, a "Molotov cocktail". (3) Exception. This ordinance shall not apply to authorized personnel of the United States government or of the Commonwealth of Pennsylvania who use incendiary devices as part of their duties. (4) Penalties. The penalty for violation of this Section shall be a fine of not less than one hundred dollars ($100) and not more than three hundred dollars ($300), together with imprisonment of not less than thirty days and not more than ninety (90) days. Notes 276 | Added, 1967 Ordinances, p. 895.

Philadelphia Code § 10-817 Police and Fire Radio Broadcasts.

§ 10-817. Police and Fire Radio Broadcasts. (1) Prohibited Conduct. (a) No person shall own, possess, sell or transfer any radio equipment or conversion equipment of any nature or type which is capable of transmitting on or otherwise interfering with police or fire radio broadcast frequencies. (b) No person shall alter any radio equipment in any manner so that the receiver or converter makes it possible to transmit on or interfere with police or fire radio broadcast frequencies. (c) No unauthorized person who owns or is in possession of any radio equipment or conversion equipment of any type which is capable of receiving signals on frequencies allocated for police or fire radio broadcasts shall transmit on said frequencies or otherwise interfere with any police or fire radio broadcast. (d) No person shall use any radio equipment or conversion equipment for the purpose of violating the law or for the unlawful purpose of hindering or interfering with police officers or firemen in the performance of their official duties. (e) No person shall: (.1) possess on a public street or on public or private property not his or her residence; or 278 (2) Confiscation. (a) Any radio equipment or conversion equipment capable of transmitting or interfering with police and fire radio broadcasts shall be presumed to be used for that purpose and any police officer is authorized to impound the equipment and hold it until the owner arranges for it to be re-equipped so that it will not be capable of transmitting on or interfering with police or fire radio broadcasts. If the owner does not make such arrangements within a period of thirty (30) days, the equipment shall be destroyed. (3) Exemptions. (a) Subsections 10-817(1) and (2) shall not apply to any law enforcement agency or to the Fire Department of the City of Philadelphia. (b) Subsection 10-817(1)(e) shall not apply to any person engaged in the retail or wholesale business of selling or manufacturing radio equipment capable of receiving police or fire broadcasts, as long as the possession and/or carrying of such equipment is for business purposes. (4) Penalty. The penalty for violation of this Section shall be a fine of not less than one hundred dollars ($100) and not more than three hundred dollars ($300), and/or imprisonment of not less than thirty nor more than ninety (90) days. 279 Notes 277 | Added, 1967 Ordinances, p. 898; amended, 1983 Ordinances, p. 394. 278 | Subsection (1)(e)(.2) deleted, Bill No. 171126 (approved March 20, 2018). 279 | Renumbered and former subsection (4) deleted, Bill No. 171126 (approved March 20, 2018).

Philadelphia Code § 10-818 Firearms in Public Places.

§ 10-818. Firearms in Public Places. (1) Definition. Firearms. "Firearms" means any revolver, pistol, rifle, shotgun or other weapon capable of propelling a projectile by means of an explosive material or charge. (2) Prohibited Conduct. No person shall carry a firearm upon the public streets or upon any public property at any time unless that person is: (a) either (.1) a resident of Pennsylvania licensed by a political subdivision of the Commonwealth of Pennsylvania to carry a firearm or licensed to hunt; or (.2) a resident of another state, which state has a reciprocity agreement with Pennsylvania under 18 Pa. C.S. § 6109(k) or has statutory reciprocity under § 6106(b), and is licensed by such state to carry a firearm or to hunt; (b) actively engaged in a defense of his life or property from imminent peril or threat; or (c) a police officer or member of the State or Federal militia on active duty. (3) In the event that a court of competent jurisdiction determines, in a final Order from which no further appeal is available, that persons with licenses from states other than those set forth in subsection (2)(a) have a statutory right to carry a firearm upon the public streets or public property, then, in addition to the persons categorized in subsection (2)(a), the following persons shall not be prohibited from carrying a firearm upon the public streets or public property: (a) a person licensed to carry a firearm or to hunt by a state with firearms laws similar to the firearms laws of Pennsylvania, and which provides a reciprocal privilege for individuals licensed by Pennsylvania. For purposes of this subsection (a), only the following states are deemed to have firearms laws similar to those of Pennsylvania: Colorado, Idaho, Indiana, Louisiana, Montana, North Dakota and Utah. (4) Penalty. The penalty for violation of this Section shall be a fine of not less than three hundred dollars ($300) and imprisonment of not less than ninety days. Notes 280 | Added, 1967 Ordinances, p. 896; amended, Bill No. 100722-A (approved February 25, 2011). Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.

Philadelphia Code § 10-819 State of Emergency.

§ 10-819. State of Emergency. (1) Emergency Measures. The Mayor of the City of Philadelphia is authorized, if he finds that the City or any part thereof is suffering or is in imminent danger of suffering civil disturbance, disorder, riot or other occurrence which will seriously and substantially endanger the health, safety and property of the citizens, to declare a STATE OF EMERGENCY and take the following specified measures throughout the City or any part thereof: (a) Prohibit or limit the number of persons who may gather or congregate upon the public highways or public sidewalks, or in any outdoor place, except persons who are awaiting transportation, engaging in recreational activities at a usual and customary place, or peaceably entering or leaving buildings; (b) Halt access or egress upon public highways to or from the City or any part thereof; (c) Suspend operations at municipal airports; (d) Halt the movement of trains, boats or other vehicles into, within or from the City; (e) Establish a curfew limiting the hours when persons may go upon or travel the public streets; (f) Require the closing of taprooms and bars and prohibit the sale or service of alcoholic beverages in any hotel, restaurant, club or other establishment; (g) Prohibit or restrict the sale of gasoline or other inflammable liquids; (h) Prohibit the sale, carrying or possession on the public street or public sidewalks, or in any public park or square, of weapons including, but not limited to, firearms, bows and arrows, air rifles, slingshots, knives, razors or missiles of any kind. (2) Duration. The STATE OF EMERGENCY declared by the Mayor shall exist for the period set forth in the proclamation but not in excess of two weeks. However, the STATE OF EMERGENCY may be extended for additional periods of two weeks. (3) Penalty. Any person who violates these emergency precautions taken by the Mayor under the authority of this ordinance shall be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300), or imprisonment for a term not to exceed ninety days, or both. Notes 281 | Added, 1967 Ordinances, p. 899.

Philadelphia Code § 10-820 Cutting Weapons in Public Places.

§ 10-820. Cutting Weapons in Public Places. (1) Definition. Cutting Weapon. Any knife or other cutting instrument which can be used as a weapon that has a cutting edge similar to that of a knife. No tool or instrument commonly or ordinarily used in a trade, profession or calling shall be considered a cutting weapon while actually being used in the active exercise of that trade, profession or calling. (2) Prohibited Conduct. No person shall use or possess any cutting weapon upon the public streets or upon any public property at any time. (a) Exception: This restriction shall not apply to the use and possession of cutting tools by emergency personnel of the Philadelphia Fire Department, whether on or off duty. 283 (3) Penalty. The penalty for violation of this Section shall be a fine of not less than three hundred dollars ($300) and imprisonment of not less than ninety days. Notes 282 | Added, 1968 Ordinances, p. 906. 283 | Added, Bill No. 160333 (approved June 28, 2016).

Philadelphia Code § 10-821 Reserved. [Added, 1968 Ordinances, p. 1090; amended, 1993 Ordinances, p. 781; repealed, Bill No. 080033 (approved April 10, 2008). Section 2 of Bill No. 080033 provides: "Upon becoming effective, this Ordinance shall repeal Section 10-821 of The Philadelphia Code, entitled ‘Contraband Weapons, Accessories and Ammunition.'" See Section 10-821b.]

Philadelphia Code § 10-821a Contraband Weapons, Accessories and Ammunition.

§ 10-821a. Contraband Weapons, Accessories and Ammunition. (1) Legislative Findings. (a) The Council finds that the use of offensive weapons as implements of serious crime in Philadelphia represents an increasing danger to the lives and safety of all the residents thereof. In particular, certain paramilitary assault weapons have become the weapons of choice of those engaged in drug trafficking and other enterprises of organized crime. The threat to the lives of Philadelphia police officers has become particularly acute as a result of this on-going trend. (b) The Council finds that it would be useful for law enforcement purposes to enhance prohibitions of certain offensive weapons by making possession, manufacture, transfer, delivery, sale and use of such weapons a violation of The Philadelphia Code, subject to certain exceptions. In so doing the Council finds that it would be useful to specifically include within the ban a variety of weapons and devices that are expressly recognized as offensive weapons. And that they should include, but not be limited to, paramilitary assault weapons, and the ammunition and accessories for such weapons, as well as a variety of other devices that have created special problems for local law enforcement. (c) The statutory limitations of municipalities to regulate the possession, sale and transfer of firearms, as upheld by the Pennsylvania Supreme Court, has been duly considered and incorporated within the body of this legislation. And, we take into account the paramount interests of the public safety of the citizens of our City and Commonwealth. (2) Definitions. (a) Assault weapon. The term includes the following: (.1) Any semiautomatic pistol or semiautomatic or pump-action rifle that is capable of accepting a detachable magazine and that also possesses any of the following: (.a) If the firearm is a rifle, a pistol grip located at the rear of the trigger. (.b) If the firearm is a rifle, a stock in any configuration, including, but not limited to, a thumbhole stock, a folding stock or a telescoping stock, that allows the bearer of the firearm to grasp the firearm with the trigger hand such that the web of the trigger hand, between the thumb and forefinger, can be placed below the top of the external portion of the trigger during firing. (.c) If the firearm is a pistol, a shoulder stock of any type or configuration, including, but not limited to, a folding stock or a telescoping stock. (.d) A barrel shroud. (.e) A muzzle break or muzzle compensator. (.f) Any feature capable of functioning as a protruding grip that can be held by the hand that is not the trigger hand. (.2) Any pistol that is capable of accepting a detachable magazine at any location outside of the pistol grip. (.3) Any semiautomatic, center-fire rifle with a fixed magazine that has the capacity to accept more than ten rounds of ammunition. (.4) Any shotgun capable of accepting a detachable magazine. (.5) Any shotgun with a revolving cylinder. (.6) Any conversion kit or other combination of parts from which a firearm described in subsections (.1) through (.5) can be assembled if the parts are in the possession or under the control of any person. (b) Barrel shroud. A covering, other than a slide, that is attached to or that substantially or completely encircles the barrel of a firearm and that allows the bearer of the firearm to hold the barrel with the nonshooting hand while firing the firearm, without burning that hand. The term does not include an extension of the stock along the bottom of the barrel that does not substantially or completely encircle the barrel. (c) Contraband Weapons, Accessories and/or Ammunition. Any assault weapon, bazooka, recoilless rifle, grenade, rifle grenade launcher, anti-tank gun, flame-thrower, rocket, mortar, bomb, mine, booby trap, large capacity magazine, large capacity ammunition belt, weapon silencer, expanding type conical bullet available in handgun chamberings, or other weapon, device, accessory or ammunition, designed or intended to cause injury or death to persons or damage to property for which no common lawful purpose exists, any item defined as an "offensive weapon" under the Act of December 6, 1972, P.L. 1482, No. 334, § 1, as amended, 18 Pa. C.S. § 908(c) or any other military style weapon from which a projectile, harmful fluid or gas may be propelled. (d) Conversion kit. Any part or combination of parts designed and intended for use in converting a firearm into an assault weapon. (e) Detachable magazine. A magazine the function of which is to deliver one or more ammunition cartridges into the firing chamber of a firearm and which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. (f) Inoperable. The alteration of an assault weapon, or its ammunition, in such a manner that it cannot be fired and that the owner or possessor of the weapon does not possess or have control over the parts necessary to make the weapon operable. (g) Large Capacity Ammunition Belt. A belt or strip which holds more than sixteen (16) rounds of ammunition to be fed continuously into a semi-automatic weapon, or an ammunition belt which can be readily converted into a large-capacity ammunition belt. (h) Large Capacity Magazine. Any box, drum or other container which holds more than sixteen (16) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic weapon, or a magazine which can be readily converted into such a device. (i) Muzzle brake. A device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil. (j) Muzzle compensator. A device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement. (k) Pistol Grip. A well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand. (l) Semi-Automatic. A weapon which fires a single projectile for each single pull of the trigger and its self-reloading or automatically chambers a round, cartridge, or bullet without additional slide, bolt or other manual action. (m) Weapon Silencer. Any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver pistol or other weapon to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other weapon. (3) Prohibited Conduct. No person shall own, use, possess or transfer any contraband weapon, accessory or ammunition; provided however, that any person who, prior to the effective date of this Section, was legally in possession of a weapon or device prohibited by this Section shall have thirty (30) days from the effective date of this Section to do any of the following without being subject to prosecution hereunder: (a) remove said contraband weapon, accessory and/or ammunition from within the City limits of Philadelphia; or (b) modify said contraband weapon, accessory and/or ammunition to either render it permanently inoperable or to permanently make it a device no longer defined as contraband under this Section; or (c) surrender it to the Police Department. (4) Exceptions. (a) This Section shall not apply to employees of the Philadelphia Police Department, and the Philadelphia Sheriff's Department when conduct otherwise prohibited by this Section is authorized by rules promulgated by such Department. (b) The Police Department shall, by regulation, specify procedures whereby persons permitted to own, possess, transfer, deliver, or manufacture contraband weapons, accessories and/or ammunition notwithstanding the provisions of this Section may obtain certification of such exempt status, upon proving the basis of their exemption, and upon payment of a reasonable fee set by the Department to defray the cost of such certification process. (5) Penalties. Any person violating any provision of this Section shall be subject to a fine of not more than three hundred dollars ($300) and to imprisonment for not more than ninety (90) days or both. Prosecution under this Section shall be subject to the defenses and exemptions set forth in 18 Pa. C.S. § 908(b), as amended. Notes 285 | Added, Bill No. 040315 (approved May 9, 2007). Section 2 of Bill No. 040315 provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly. Upon becoming effective, this Ordinance shall repeal Section 10-821 of The Philadelphia Code, entitled ‘Contraband Weapons, Accessories and Ammunition.'"

Philadelphia Code § 10-821b Contraband Weapons, Accessories and Ammunition.

§ 10-821b. Contraband Weapons, Accessories and Ammunition. (1) Legislative Findings. (a) The Council finds that the use of offensive weapons as implements of serious crime in Philadelphia represents an increasing danger to the lives and safety of all the residents thereof. In particular, certain paramilitary assault weapons have become the weapons of choice of those engaged in drug trafficking and other enterprises of organized crime. The threat to the lives of Philadelphia police officers has become particularly acute as a result of this on-going trend. (b) The Council finds that it would be useful for law enforcement purposes to enhance prohibitions of certain offensive weapons by making possession, manufacture, transfer, delivery, sale and use of such weapons a violation of The Philadelphia Code, subject to certain exceptions. In so doing the Council finds that it would be useful to specifically include within the ban a variety of weapons and devices that are expressly recognized as offensive weapons. And that they should include, but not be limited to, paramilitary assault weapons, and the ammunition and accessories for such weapons, as well as a variety of other devices that have created special problems for local law enforcement. (c) The statutory limitations of municipalities to regulate the possession, sale and transfer of firearms, as upheld by the Pennsylvania Supreme Court, has been duly considered and incorporated within the body of this legislation. And, we take into account the paramount interests of the public safety of the citizens of our City and Commonwealth. (2) Definitions. (a) Assault weapon. The term includes the following: (.1) Any semiautomatic pistol or semiautomatic or pump-action rifle that is capable of accepting a detachable magazine and that also possesses any of the following: (.a) If the firearm is a rifle, a pistol grip located at the rear of the trigger. (.b) If the firearm is a rifle, a stock in any configuration, including, but not limited to, a thumbhole stock, a folding stock or a telescoping stock, that allows the bearer of the firearm to grasp the firearm with the trigger hand such that the web of the trigger hand, between the thumb and forefinger, can be placed below the top of the external portion of the trigger during firing. (.c) If the firearm is a pistol, a shoulder stock of any type or configuration, including, but not limited to, a folding stock or a telescoping stock. (.d) A barrel shroud. (.e) A muzzle break or muzzle compensator. (.f) Any feature capable of functioning as a protruding grip that can be held by the hand that is not the trigger hand. (.2) Any pistol that is capable of accepting a detachable magazine at any location outside of the pistol grip. (.3) Any semiautomatic, center-fire rifle with a fixed magazine that has the capacity to accept more than ten rounds of ammunition. (.4) Any shotgun capable of accepting a detachable magazine. (.5) Any shotgun with a revolving cylinder. (.6) Any conversion kit or other combination of parts from which a firearm described in subsections (.1) through (.5) can be assembled if the parts are in the possession or under the control of any person. (b) Barrel shroud. A covering, other than a slide, that is attached to or that substantially or completely encircles the barrel of a firearm and that allows the bearer of the firearm to hold the barrel with the nonshooting hand while firing the firearm, without burning that hand. The term does not include an extension of the stock along the bottom of the barrel that does not substantially or completely encircle the barrel. (c) Contraband Weapons, Accessories and/or Ammunition. Any assault weapon, bazooka, recoilless rifle, grenade, rifle grenade launcher, anti-tank gun, flame-thrower, rocket, mortar, bomb, mine, booby trap, large capacity magazine, large capacity ammunition belt, weapon silencer, expanding type conical bullet available in handgun chamberings, or other weapon, device, accessory or ammunition, designed or intended to cause injury or death to persons or damage to property for which no common lawful purpose exists, any item defined as an "offensive weapon" under the Act of December 6, 1972, P.L. 1482, No. 334, § 1, as amended, 18 Pa. C.S. § 908(c) or any other military style weapon from which a projectile, harmful fluid or gas may be propelled. (d) Conversion kit. Any part or combination of parts designed and intended for use in converting a firearm into an assault weapon. (e) Detachable magazine. A magazine the function of which is to deliver one or more ammunition cartridges into the firing chamber of a firearm and which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. (f) Inoperable. The alteration of an assault weapon, or its ammunition, in such a manner that it cannot be fired and that the owner or possessor of the weapon does not possess or have control over the parts necessary to make the weapon operable. (g) Large Capacity Ammunition Belt. A belt or strip which holds more than sixteen (16) rounds of ammunition to be fed continuously into a semi-automatic weapon, or an ammunition belt which can be readily converted into a large-capacity ammunition belt. (h) Large Capacity Magazine. Any box, drum or other container which holds more than sixteen (16) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic weapon, or a magazine which can be readily converted into such a device. (i) Muzzle brake. A device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil. (j) Muzzle compensator. A device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement. (k) Pistol Grip. A well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand. (l) Semi-Automatic. A weapon which fires a single projectile for each single pull of the trigger and its self-reloading or automatically chambers a round, cartridge, or bullet without additional slide, bolt or other manual action. (m) Weapon Silencer. Any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver pistol or other weapon to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other weapon. (3) Prohibited Conduct. No person shall own, use, possess or transfer any contraband weapon, accessory or ammunition; provided however, that any person who, prior to the effective date of this Section, was legally in possession of a weapon or device prohibited by this Section shall have thirty (30) days from the effective date of this Section to do any of the following without being subject to prosecution hereunder; (a) remove said contraband weapon, accessory and/or ammunition from within the City limits of Philadelphia; or (b) modify said contraband weapon, accessory and/or ammunition to either render it permanently inoperable or to permanently make it a device no longer defined as contraband under this Section; or (c) surrender it to the Police Department. (4) Exceptions. (a) This Section shall not apply to employees of the Philadelphia Police Department, and the Philadelphia Sheriff's Department when conduct otherwise prohibited by this Section is authorized by rules promulgated by such Department. (b) The Police Department shall, by regulation, specify procedures whereby persons permitted to own, possess, transfer, deliver, or manufacture contraband weapons, accessories and/or ammunition notwithstanding the provisions of this Section may obtain certification of such exempt status, upon proving the basis of their exemption, and upon payment of a reasonable fee set by the Department to defray the cost of such certification process. (5) Penalties. Any person violating any provision of this Section shall be subject to a fine of not more than three hundred dollars ($300) and to imprisonment for not more than ninety (90) days or both. Prosecution under this Section shall be subject to the defenses and exemptions set forth in 18 Pa. C.S. § 908(b), as amended. Notes 286 | Added, Bill No. 080033 (approved April 10, 2008). Section 2 of Bill No. 080033 provides: "Upon becoming effective, this Ordinance shall repeal Section 10-821 of The Philadelphia Code, entitled ‘Contraband Weapons, Accessories and Ammunition.'" Enrolled bill numbered this as Section 10-821a; renumbered by Code editor. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.

Philadelphia Code § 10-822 Carrying of Weapons in or on Public and Private Buildings.

§ 10-822. Carrying of Weapons in or on Public and Private Buildings. (1) Definition. Weapon. Any firearm as defined in Bill No. 2690, approved August 17, 1967 (1967 Ordinances, Page 896), and any other weapon as defined in Bill No. 544, approved August 26, 1968 (1968 Ordinances, Page 906). (2) Prohibited Conduct. No person shall possess any weapon in any educational institutions except: (a) private security guards; (b) City, State or Federal law enforcement officers; (c) State or Federal military forces on active duty; (d) members of any reserve officers training corps, color guards and drill or rifle teams, when engaged in lawful organizational activities; (e) any person authorized by law enforcement agencies to possess weapons. (3) Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300) or imprisonment of not more than ninety (90) days, or both. Notes 287 | Added, 1969 Ordinances, p. 1287. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.

Philadelphia Code § 10-823 Driveways.

§ 10-823. Driveways. (1) Legislative Findings. (a) The parking of motor vehicles in or upon private driveways has obstructed the movement of police patrol vehicles, fire and emergency apparatus and sanitation equipment essential to the health, safety and welfare of the public. (b) The parking of motor vehicles in or upon private driveways creates a hazard to the safety of neighborhood children playing thereon. (c) The obstruction of private driveways creates a hazard to persons and vehicles having a common right to use the driveways. (2) Prohibited Conduct. No person shall park a motor vehicle or permit it to stand in or upon any driveway thereby preventing the ingress and egress of other persons or automobiles having a public or private right of ingress and egress in or upon the driveway. (3) Penalties. (a) Any person violating the provisions of this Section shall, upon summary conviction before the appropriate Court, pay a fine of six dollars ($6.00). (b) The provisions of Chapter 12-2400 of The Philadelphia Code, relating to the towing of illegally parked or abandoned vehicles shall apply to any violation of this Section. Notes 288 | Added, 1971 Ordinances, p. 1151.

Philadelphia Code § 10-824 Unauthorized Entry on School Premises.

§ 10-824. Unauthorized Entry on School Premises. (1) Prohibited Conduct. No person who is neither employed by The School District of Philadelphia nor a student enrolled in The School system shall enter any premises of The School District of Philadelphia without the express consent of the person in charge of the premises. Failure to obtain consent within 15 minutes after entry on those premises shall be presumptive evidence of violation of this ordinance. Employees of The School District of Philadelphia and students within the system shall only enter school premises where they are regularly assigned unless expressly authorized to enter other premises of The School District by the person in charge of those premises. (2) Exemptions. This ordinance shall not apply to: (a) Any governmental official going on the premises within the scope of his official duties. (b) Any person desiring to enter premises of the School District of Philadelphia who does not engage in any speech or other communication, demonstration, protest, confrontation or any other activity other than that necessary to seek consent to enter the premises. (3) Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300) and imprisonment for not more than 90 days. Notes 289 | Added, 1971 Ordinances, p. 363.

Philadelphia Code § 10-825 Stun Guns.

§ 10-825. Stun Guns. (1) Definitions. (a) Stun Gun. Any device designed or intended by the manufacturer to be used to temporarily immobilize or incapacitate a person by means of electric pulse or current, including devices operating by means of carbon dioxide propellant; also known as an electric or electronic incapacitation device. (2) Prohibited Conduct. (a) No person under eighteen (18) years of age shall own, use, possess, sell or otherwise transfer any "stun gun". (b) The parent, legal guardian or other legally responsible adult of any child under the age of eighteen (18) years who violates subsection 10-825(2)(a) shall be in violation of this Section and shall be responsible for payment of any fines assessed against the adult's minor child. (c) No person shall sell, transfer or otherwise provide a stun gun to a person under the age of eighteen (18) years. (3) Nothing in this Section is intended to lessen or weaken any additional restrictions imposed by State law relating to stun guns. (4) Penalty. 291 (a) Any person violating subsection 10-825(2)(a) or (b) of this Section shall be subject to a fine of not more than five hundred dollars ($500); (b) Any person violating subsection 10-825(2)(c) hereof shall be subject to a fine of not more than two thousand dollars ($2,000). (c) The procedures set forth in Section 1-112 of this Code shall not apply to violations of subsection 10-825(2)(c) of this Section. Such procedures shall apply to violations of subsections 10-825(2)(a) and (b), but the amount to be remitted under subsection 1-112(3) shall be not less than one hundred fifty dollars ($150). Notes 290 | Added, 1977 Ordinances, p. 349; amended, Bill No. 170674-A (approved November 13, 2017). 291 | Enrolled bill failed to renumber subsection; renumbered by Code editor.

Philadelphia Code § 10-826 Sale to or Possession by Minors of Dangerous Martial Arts Weapons and Instruments.

§ 10-826. Sale to or Possession by Minors of Dangerous Martial Arts Weapons and Instruments. (1) No person shall knowingly sell, offer, deal in, transfer, give, or lend to any minor, nor shall any minor use or possess, any instrument or weapon of the kind commonly known as: (a) nunchaku, manriki, zoobow, dagger, martial art spikes, dirk, stiletto, billy, jutte; or (b) cestus or sap glove or similar leather studded band with metal fillings; or (c) razor blade or razor blades imbedded in wood; or (d) any type of throwing knives, including, but not limited to, gravity, palm, thro, tanto, or butterfly knives; or (e) Shuriken or any instrument without a handle consisting of a metal plate having three or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for throwing; or (f) a cord or wire used for strangling, sometimes called a garrote; or (g) any knife or sword with a double edged blade. (2) Subsection (1) shall not apply to the possession and use of any weapon or instrument by a minor on the premises of a school which holds a regulatory or business license and teaches the art of self-defense, nor to the possession by a martial arts student, as evidenced by their holding an item of identification certifying that they are members of a martial arts club or school. (3) Any weapon or instrument in subsection (1) sold to or possessed by a minor in circumstances not set forth in subsection (2), shall be confiscated and delivered into law enforcement departmental custody. (4) The penalty for each violation of this Section shall be a fine of not more than three hundred dollars ($300) or imprisonment of not more than ninety (90) days or both. (5) A "minor" under this Ordinance includes all persons under the age of eighteen (18) years. (6) If any Section, subsection, clause, sentence, phrase or item is found to be unlawful by reason of other superior laws of the United States or the Commonwealth of Pennsylvania, such a determination shall not affect the validity of the remaining portions of this Section 10-826. Notes 292 | Added, 1986 Ordinances, p. 272.

Philadelphia Code § 10-827 Display of Building Numbers.

§ 10-827. Display of Building Numbers. (1) The owner of any building, house, condominium, condominium unit or other structure to which a number has been assigned by the Board of Revision of Taxes pursuant to subsection 19-1304(2) shall prominently display such number on such building, house, condominium, condominium unit or other structure. (2) The penalty for a violation of this Section shall be a fine not exceeding three hundred dollars ($300). No action to enforce this Section with respect to a particular property shall be taken except in conjunction with action to enforce some other provision of The Philadelphia Code, or regulation promulgated pursuant thereto, with respect to the property in question. Notes 293 | Added, Bill No. 809 (approved March 14, 1995), 1995 Ordinances, p. 149. Ordinance provides that it takes effect 90 days after it becomes law.

Philadelphia Code § 10-828 Strict Liability for Damages Caused by Certain Firearms.

§ 10-828. Strict Liability for Damages Caused by Certain Firearms. (1) Definitions. 295 (a) Smart gun. 296 A firearm which incorporates within its design, and as part of its original manufacture, technology which cannot be readily deactivated and which automatically limits the firearm's operational use so that it may only be fired by the particular individual to whom it is sold, or an immediate family member or Life Partner of that individual who is the legal age to purchase a firearm. Such technology may include, but is not limited to, touch memory, automated fingerprint identification systems, and other automatic user identification systems utilizing biometrics, mechanism, and electronic systems. (b) Direct and consequential damages. Such damages shall include but not be limited to reasonable and necessary medical expenses, diminution of earning capacity, pain and suffering including mental suffering and emotional distress, loss of consortium, and in the case of death those enumerated in 42 Pa. C.S. § 8301 (wrongful death). (c) Firearm. Any pistol or revolver with a barrel less than 12 inches, any shotgun with a barrel less than 24 inches, or any rifle with a barrel less than 15 inches. (2) Strict liability. Beginning four years after the date this Section became law, any person (including, but not limited to, any registered or licensed firearms manufacturer or dealer) who manufactures, transports, sells, exposes for sale, possesses for sale, assigns or transfers any firearm shall be liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from the bodily injury or death if the bodily injury or death results from the discharge, within this City of Philadelphia, of the firearm, unless the firearm is a smart gun. (3) Exceptions. This Section shall not apply to firearms originally distributed to officers of law enforcement agencies, members of the armed forces of the United States, or any other person who is authorized by law to acquire, possess or carry a firearm and is acting within the scope of his or her duties. (4) Effect on other law. This Section does not serve to limit any cause of action, other than that provided by this Section, available to a person injured by a firearm. Any defense that is available in a strict liability action shall be available. Notes 294 | Added, Bill No. 990289 (approved June 28, 1999). Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly. 295 | Enrolled Bill No. 990289 designated this as subsection (a) and numbered the definitions as (.1), (.2) and (.3); subsection and definitions renumbered by Code editor. 296 | Amended, Bill No. 130224 (approved May 8, 2013).

Philadelphia Code § 10-829 Prohibition on Sale of Box Cutters and Similar Utility Knives to Persons Under the Age of Eighteen.

§ 10-829. Prohibition on Sale of Box Cutters and Similar Utility Knives to Persons Under the Age of Eighteen. (1) It shall be unlawful for any person to sell, or offer for sale, any box cutter or utility knife, razor or blade designed to be used in conjunction with a box cutter or utility knife, to any person under eighteen (18) years of age. For the purpose of this Section the terms "box cutter" and "utility knife" shall mean any tool or implement sold for the primary purpose of cutting, which contains a knife, razor or blade which is either fixed in position or retracts upon moving a release mechanism. (2) No person who sells or offers for sale box cutters or utility knives shall place such box cutters or utility knives on open display so that such implements are accessible to the public without the assistance of the person offering such implement for sale, or his or her employee. (3) The penalty for any person who violates the provisions of this Section is a fine of not more than three hundred dollars ($300). Notes 297 | Added, Bill No. 000149 (approved May 31, 2000), effective 30 days following enactment. Enrolled bill numbered this as Section 10-828; renumbered by Code editor.

Philadelphia Code § 10-830 Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm.

§ 10-830. Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm. (1) Definitions. (a) Application. An Application for a license to carry a firearm concealed in a vehicle or one about the person of an individual as described in 18 P.S. § 6109. (b) Firearm. Any rifle, pistol, revolver, gun or shotgun. (c) Police Department. The Philadelphia Police Department. (2) Reporting Requirements. (a) The Police Department, upon reviewing an Application, in a form designed by the Police Department, shall require the applicant to provide the following information upon the processing of an Application: (.1) The name, address, occupation, place of birth of the applicant, date and hour of the application, the caliber, length of barrel, make, model and manufacturer's number of and type of all guns registered with the Commonwealth of Pennsylvania, at the home, business or any other property leased, owned by the applicant or under the control or access of the applicant, at the time of the application. (b) This information shall be provided to the Police Department in a form designed by the Police Department, every year, within sixty (60) days from one year of the original date of application that the applicant has a valid license to carry a firearm concealed in a vehicle or one about the person of an individual. (.1) In the event that the applicant no longer owns the firearm, the applicant shall within one year of the date of the original application for a concealed weapon, update the information provided in the form provided by the Police Department. (3) Exemption. (a) This Ordinance shall not apply to: (.1) employees of the Police Department and the Philadelphia Sheriff's Department; (.2) retired former employees of the Police Department with respect to weapons they purchased with personal funds and which they were authorized to use in the line of duty during their period of employment with the Police Department; (.3) any person who falls into any of the exceptions in 18 Pa. C.S. § 6106(b). (b) The Police Department shall, by regulation, specify procedures whereby persons permitted to own concealed firearms notwithstanding the provisions of this Section, may obtain certification of such exempt status, upon proving the basis of their exemption, and upon payment of a reasonable fee set by the Police Department to defray the cost of such certification process. (4) Penalties. Any person who violates any provision of this Section shall, in addition to other penalties provided, shall pay a fine of not more than three hundred dollars ($300). Notes 298 | Added, Bill No. 000659-A (approved January 23, 2001). Enrolled bill numbered this as Section 10-828; renumbered by Code editor. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.

Philadelphia Code § 10-830a Reporting Requirements Upon the Application for or Renewal of a License to Carry a Firearm.

§ 10-830a. Reporting Requirements Upon the Application for or Renewal of a License to Carry a Firearm. (1) Definitions. (a) Application. An application for a license to carry a firearm concealed in a vehicle or on or about the person of an individual as described in 18 Pa. C.S. § 6109. (b) Firearm. Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon. (2) Reporting Requirements. (a) The Police Department shall require an applicant to provide the following information in a form designed by the Police Department: (.1) The name, address, occupation, place of birth of the applicant, date and hour of the application, the caliber, length of barrel, make, model and manufacturer's number of and type of all guns at the home, business or any other property leased, owned by the applicant or under the control or access of the applicant, at the time of the application. (b) The information set forth in subsection (2)(a)(.1) shall be provided to the Police Department in a form designed by the Police Department, every year, within sixty (60) days from the anniversary of the original date of application for a license to carry a firearm concealed in a vehicle or on or about the person. (.1) If the applicant no longer owns the firearm, the applicant shall update the information provided in the form provided by the Police Department within thirty (30) days of the transfer, loss or destruction of the firearm. (3) Exemption. (a) This Section shall not apply to: (.1) employees of the Police Department and the Philadelphia Sheriff's Department; (.2) retired former employees of the Police Department with respect to weapons they purchased with personal funds and which they were authorized to use in the line of duty during their period of employment with the Police Department; (.3) any person who meets any of the exceptions in 18 Pa. C.S. § 6106(b). (b) The Police Department shall, by regulation, specify procedures whereby persons desiring to carry concealed firearms notwithstanding the provisions of this Section, may obtain certification of such exempt status, upon proving the basis of their exemption, and upon payment of a reasonable fee set by the Police Department to defray the cost of such certification process. (4) Penalties. Any person who violates any provision of this Section shall, in addition to other penalties provided, pay a fine of not more than three hundred dollars ($300). Notes 299 | Added, Bill No. 040137 (approved May 9, 2007). Section 2 of Bill No. 040137 provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly. Upon becoming effective, this Ordinance shall repeal Section 10-830 of The Philadelphia Code, entitled ‘Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm.'"

Philadelphia Code § 10-831 Straw and Multiple Handgun Purchase Reduction.

§ 10-831. Straw and Multiple Handgun Purchase Reduction. (1) Definitions. (a) Collector. Any person who acquires, holds, or disposes of firearms as curios or relics, as the United States Attorney General shall by regulation define, and the term "licensed collector" 301 means any such person licensed under the provisions of Chapter 44 of Title 18 of the United States Code. (b) Handgun. Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle, or shotgun with a overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to 302 the face of the closed action bolt or cylinder – whichever is applicable. (c) Straw Purchaser. Any person who conducts or attempts to conduct a gun purchase on behalf of another person. (2) Limitation on Purchases. (a) Prohibited Conduct by Prospective Buyers. (.1) No prospective firearm purchaser or other transferee shall be allowed to purchase or receive more than one handgun in any 30-day period. (.2) No one shall act as a straw purchaser in any handgun transaction in order to evade the provisions of this Section. (b) Prohibited Conduct by Prospective Sellers. No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, unless he has: (.1) obtained a 30 day eligibility report from the City of Philadelphia Police Department; and (.2) forwarded a copy of the completed application/record of sale from the potential buyer or transferee to the City of Philadelphia Police Department, postmarked via first class mail, within 14 days of the sale. (c) Exceptions. This Section shall not apply to sales or transfers to: (.1) Law enforcement agencies or agencies authorized to perform law enforcement duties. (.2) State and local correctional facilities. (.3) Licensed firearms dealers, importers, manufacturers and collectors. (.4) Private security companies licensed to do business within this Commonwealth. (.5) A person whose handgun is stolen or irretrievably lost, provided that person has, within 72 hours of learning of such theft or loss, filed a report with the City of Philadelphia Police Department or the Pennsylvania State Police, in a form and specifying such information as the City of Philadelphia Police Department or the Pennsylvania State Police shall require. (.6) A person exchanging a handgun at its original place of purchase. (.7) A person who presents to the seller or transferor a written statement issued by the City of Philadelphia Police Department dated within the past thirty days stating that the transferee or purchaser requires access to a handgun because of a threat to the life of the transferee or purchaser or any member of the household of that transferee or purchaser. (.8) A person who presents to the seller or transferor a written statement issued by the Adjutant General of Pennsylvania, or his designee, dated within the past thirty days, stating that the transferee or purchaser requires access to a handgun because of a threat to the citizens of this Commonwealth which the purchaser or transferee seeks to defend against as directed by law. (3) 30 Day Report of Eligibility. (a) Nature of Report. A 30 day eligibility report prepared by the City of Philadelphia Police Department shall indicate only whether the prospective purchaser or transferee is eligible or ineligible. Anyone who received another handgun within the immediately preceding 30 days shall be deemed ineligible and shall be deemed eligible again 30 days from the date of the prior transaction. (b) Method of Compiling Report. Prior to the expiration of the 48 hour period from the time of the application for the purchase or transfer of the handgun, the seller or transferor shall request that the City of Philadelphia Police Department conduct a 30 Day eligibility inquiry. Such request shall be made by means of a telephone call, or by means of an electronic query via e-mail or via a website, so long as e-mail or web-based communications are available and fully operational. The purchaser and the licensed dealer shall provide such information as is necessary to accurately identify the purchaser. The requester shall be charged a fee equivalent to the cost of providing the service but not to exceed two dollars ($2.00) per buyer or transferee. Upon receipt of such a request, the City of Philadelphia Police Department shall immediately issue a request to the Pennsylvania State Police to conduct a review of all firearms transactions processed via the Instantaneous Criminal History Records Check System within the past 30 days to determine whether the prospective purchaser or transferee has received another handgun within the immediately preceding 30 days. Upon receipt of the results of the Pennsylvania State Police inquiry, if the prospective purchaser or transferee is eligible to obtain a handgun under this Section, the City of Philadelphia Police Department shall issue a unique approval number and transmit a receipt containing the date and approval number to the prospective seller. If the prospective purchaser or transferee is ineligible to obtain a handgun under this Section, the City of Philadelphia Police Department shall issue a letter of denial, recorded with the date on which the prospective purchaser will become eligible to obtain an additional handgun under this Section and transmit this letter of denial to the prospective seller. (4) Investigations of Multiple Handgun Purchasers. The receipt of applications/records of sale which indicate that a purchaser or transferee has obtained more than one handgun in any 30 day period shall constitute prima facie evidence that the multiple handgun purchaser is involved in the trafficking of handguns. The City of Philadelphia Police Department shall thereafter commence a criminal investigation to determine the extent, if any, of criminal activities committed by the multiple handgun purchaser. (5) Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300), or imprisonment of not more than ninety (90) days, or both. The fine may be imposed through the confiscation of the illegally obtained handgun by the City of Philadelphia Police Department, said handgun to be melted down or rendered inoperable thereafter. Notes 300 | Added, Bill No. 040117-A (approved May 9, 2007). Section 3 of Bill No. 040117-A provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly." 301 | Enrolled Bill No. 040117-A read "locensed collector". 302 | Enrolled Bill No. 040117-A read "ot".

Philadelphia Code § 10-831a Straw and Multiple Handgun Purchase Reduction.

§ 10-831a. Straw and Multiple Handgun Purchase Reduction. (1) Definitions. (a) Collector: Any person who acquires, holds, or disposes of firearms as curios or relics, as the United States Attorney General shall by regulation define, and the term "licensed collector" means any such person licensed under the provisions of Chapter 44 of Title 18 of the United States Code. (b) Handgun: Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle, or shotgun with a overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action bolt or cylinder – whichever is applicable. (c) Straw Purchaser: Any person who conducts or attempts to conduct a gun purchase on behalf of another person. (2) Limitation on Purchases. (a) Prohibited Conduct by Prospective Buyers. (.1) No prospective firearm purchaser or other transferee shall be allowed to purchase or receive more than one handgun in any 30 day period. (.2) No one shall act as a straw purchaser in any handgun transaction in order to evade the provisions of this Section. (b) Prohibited Conduct by Prospective Sellers. No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, unless he has: (.1) obtained a 30 day eligibility report from the City of Philadelphia Police Department; and (.2) forwarded a copy of the completed application/record of sale from the potential buyer or transferee to the City of Philadelphia Police Department, postmarked via first class mail, within 14 days of the sale. (c) Exceptions. This Section shall not apply to sales or transfers to: (.1) Law enforcement agencies or agencies authorized to perform law enforcement duties. (.2) State and local correctional facilities. (.3) Licensed firearms dealers, importers, manufacturers and collectors. (.4) Private security companies licensed to do business within this Commonwealth. (.5) A person whose handgun is stolen or irretrievably lost, provided that person has, within 72 hours of learning of such theft or loss, filed a report with the City of Philadelphia Police Department or the Pennsylvania State Police, in a form and specifying such information as the City of Philadelphia Police Department or the Pennsylvania State Police shall require. (.6) A person exchanging a handgun at its original place of purchase. (.7) A person who presents to the seller or transferor a written statement issued by the City of Philadelphia Police Department dated within the past thirty days stating that the transferee or purchaser requires access to a handgun because of a threat to the life of the transferee or purchaser or any member of the household of that transferee or purchaser. (.8) A person who presents to the seller or transferor a written statement issued by the Adjutant General of Pennsylvania, or his designee, dated within the past thirty days, stating that the transferee or purchaser requires access to a handgun because of a threat to the citizens of this Commonwealth which the purchaser or transferee seeks to defend against as directed by law. (.9) A person who presents to the seller or transferor a written statement issued by the City of Philadelphia Police Department dated within the past thirty days stating that the transferee or purchaser, if all other eligibility requirements are met, may purchase or otherwise obtain a handgun regardless of the results of the 30 day eligibility report, because the Police Department is satisfied that the person is not a straw purchaser. (3) 30 Day Report of Eligibility. (a) Nature of Report. A 30 day eligibility report prepared by the City of Philadelphia Police Department shall indicate only whether the prospective purchaser or transferee is eligible or ineligible. Anyone who received another handgun within the immediately preceding 30 days shall be deemed ineligible and shall be deemed eligible again 30 days from the date of the prior transaction. (b) Method of Compiling Report. Prior to the expiration of the 48 hour period from the time of the application for the purchase or transfer of the handgun, the seller or transferor shall request that the City of Philadelphia Police Department conduct a 30 Day eligibility inquiry. Such request shall be made by means of a telephone call, or by means of an electronic query via e-mail or via a website, so long as e-mail or web-based communications are available and fully operational. The purchaser and the licensed dealer shall provide such information as is necessary to accurately identify the purchaser. The requester shall be charged a fee equivalent to the cost of providing the service but not to exceed two dollars ($2.00) per buyer or transferee. Upon receipt of such a request, the City of Philadelphia Police Department shall immediately issue a request to the Pennsylvania State Police to conduct a review of all firearms transactions processed via the Instantaneous Criminal History Records Check System within the past 30 days to determine whether the prospective purchaser or transferee has received another handgun within the immediately preceding 30 days. Upon receipt of the results of the Pennsylvania State Police inquiry, if the prospective purchaser or transferee is eligible to obtain a handgun under this Section, the City of Philadelphia Police Department shall issue a unique approval number and transmit a receipt containing the date and approval number to the prospective seller. If the prospective purchaser or transferee is ineligible to obtain a handgun under this Section, the City of Philadelphia Police Department shall issue a letter of denial, recorded with the date on which the prospective purchaser will become eligible to obtain an additional handgun under this Section and transmit this letter of denial to the prospective seller. (4) Investigations of Multiple Handgun Purchasers. The receipt of applications/records of sale which indicate that a purchaser or transferee has obtained more than one handgun in any 30 day period shall constitute prima facie evidence that the multiple handgun purchaser is involved in the trafficking of handguns. The City of Philadelphia Police Department shall thereafter commence a criminal investigation to determine the extent, if any, of criminal activities committed by the multiple handgun purchaser. (5) Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300), or imprisonment of not more than ninety (90) days, or both. The fine may be imposed through the confiscation of the illegally obtained handgun by the City of Philadelphia Police Department, said handgun to be melted down or rendered inoperable thereafter. Notes 303 | Added, Bill No. 080035-A (approved April 10, 2008), effective October 10, 2008. Enrolled bill numbered this as Section 10-831; renumbered by Code editor. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.

Philadelphia Code § 10-832 Firearms Tracing.

§ 10-832. Firearms Tracing. (1) Illegal Possession. Upon recovering a firearm from the possession of anyone who is not permitted by Federal or State law to possess a firearm, the City of Philadelphia Police Department shall use the best available information, including a firearms trace where necessary, to determine how and from where the person gained possession of the firearm. (2) Tracing. The City of Philadelphia Police Department shall use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco and Firearms in complying with subsection (1). (3) Notification. The City of Philadelphia Police Department shall advise the Pennsylvania State Police and the Federal Bureau of Alcohol, Tobacco and Firearms of all firearms that are recovered in accordance with this Section. (4) Registry. The City of Philadelphia Police Department shall maintain a registry of all information reported in accordance with this Section. Notes 304 | Added, Bill No. 040113-AA (became law January 25, 2005). The Law Department issued an opinion dated December 23, 2004, advising that this addition to the Code exceeds Council's powers and is therefore ineffective. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.

Philadelphia Code § 10-833 Possession of Weapons on School Property.

§ 10-833. Possession of Weapons on School Property. (1) Definitions. Weapon. For purposes of this Section the term shall include, but not be limited to, any firearm, shotgun, rifle, knife, cutting instrument, cutting tool, nunchuck stick, and any other tool, instrument or implement capable of inflicting serious bodily injury. (2) Prohibited Conduct. No person shall knowingly possess a weapon or knowingly cause a weapon to be present, whether openly or concealed, in the buildings of, within one hundred (100) feet of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Pennsylvania Department of Education or any elementary or secondary parochial school. (3) Exceptions. The prohibitions set forth in subsection (2) shall not apply to: (a) The lawful performance of official duties by any full-time officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law. (b) The lawful performance of official duties by a school official. (4) Penalties. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300), or imprisonment of not more than ninety (90) days, or both. The fine may be imposed through the confiscation of the illegally possessed weapon by the City of Philadelphia Police Department, said weapon to be melted down or rendered inoperable thereafter. Notes 305 | Added, Bill No. 040114 (approved May 12, 2004). Section 2 of Bill No. 040114 provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania Assembly."

Philadelphia Code § 10-834 Responsibility to Avoid Possession and Discharge of Firearms by Children.

§ 10-834. Responsibility to Avoid Possession and Discharge of Firearms by Children. (1) Legislative Findings. The Council of the City of Philadelphia finds that: (a) The unintentional firearm-related death rate for children 0-14 years old is nine times higher in the U.S. than in the 25 other industrialized countries combined; (b) In 2003, there were 130 firearm deaths of children and teens in Pennsylvania, including 41 suicides and 4 accidents; (c) During the past year the following Philadelphia children have killed themselves and others in accidental shootings after finding loaded and unlocked firearms in their homes: (.1) 3-year-old Talib Bailey-Hankerson, who shot himself in the face with a firearm he found at the home of his mother's boyfriend; (.2) 13-year-old Jevon Chestnut, who shot himself while playing with a gun inside his house in North Philadelphia; (.3) 12-year-old Marquette Cooper, who was killed with his father's loaded handgun that he found in his home; (.4) An unidentified 15-year-old boy killed and a 16-year-old girl shot after playing with a loaded handgun in his home in Northeast Philadelphia; (d) The American Academy of Pediatrics has adopted a policy on firearms that states that loaded firearms and unlocked firearms and ammunition represent a serious danger to children and adolescents and encourages legislation mandating trigger locks, lock boxes, and other safe storage of firearms until guns are fully removed from the environment of children; (e) A comprehensive review of state-by-state surveys of firearms ownership patterns by the Rand Corporation found that only thirty-nine percent (39%) of homes with children and firearms regularly keep their firearm locked, unloaded, and separate from ammunition and forty-three percent (43%) had at least one unlocked firearm in the home where children were present; (f) Recently published controlled studies in prominent medical journals conclude that storing household guns as locked, unloaded, or separate from the ammunition is associated with significant reductions in the risk of unintentional and self-inflicted firearm injuries and deaths among adolescents and children. (g) In 47 states, a parent can leave a loaded, unlocked gun on a dining room table or a nightstand and face no legal consequence for leaving that gun within a child's reach. (h) According to a January 13, 2014, report by Diane Sawyer entitled Kids and Guns: By the Numbers, thirty-one percent (31%) of U.S. households in 2012 had at least one child and one gun in the home. (i) The American Academy of Pediatrics adds that guns cause twice as many deaths in young people as cancer, five times as many deaths as heart disease, and fifteen times as many deaths as infections. (j) Several states have taken steps to protect children from tragic gun accidents by requiring guns to be stored in a locked container or disabled with a trigger lock anytime they are not in use. (k) Massachusetts, California, Minnesota, and the District of Columbia have passed laws criminalizing the act of leaving a gun where a child may access it. (l) Statistics and research prove that these laws are effective. States that have enacted these laws substantially decreased the number of unintentional child firearm deaths. (2) Definitions. As used in this Section the following words shall have the meanings ascribed herein: (a) Adult means any person who is 18 years of age or older. (b) Child means any person who is younger than 18 years of age. (c) Firearm means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosive or burning substance or any device readily convertible to that use. (d) Range means any public or private facility at which firearms training or practice, or both, is conducted under controlled circumstances intended to encourage the safe handling of firearms and at which procedures or facilities are in place that are intended to prevent the projectiles discharged from the firearms from causing any damage to persons or property. (3) (a) All firearms kept in a home in which one or more individuals younger than 18 years of age reside or regularly visit shall be kept unloaded and stored in a locked container, except when an authorized user is carrying it on his or her person or has the firearm under his or her immediate control. (b) All ammunition kept in a home in which one or more individuals younger than 18 years of age reside or regularly visit shall be stored in a separate place from the firearm, except when an authorized user is carrying it on his or her person or has the firearm under his or her immediate control. (4) It is unlawful for a child intentionally, knowingly, recklessly or with criminal negligence to discharge a firearm within the city. (5) It is unlawful for any adult intentionally, knowingly, recklessly or with criminal negligence to facilitate, suffer or permit the discharge of a firearm by a child. If an adult intentionally, knowingly, recklessly or with criminal negligence allows a child to obtain unsupervised access to the firearm, such facilitation, sufferance or permission shall be inferred. (6) It is unlawful for any adult intentionally, knowingly, recklessly or with criminal negligence to facilitate, suffer or permit the handling or physical possession of a firearm by a child by allowing the child to obtain unsupervised access to the firearm. (7) It is a defense to prosecution under subsection (4), (5) or (6) that: (a) the firearm was handled, possessed or discharged upon a range and under the supervision of an adult; or (b) the child's access to firearms was obtained as a result of an unlawful entry; or (c) the discharge, handling or possession of the firearm was justified as provided under Pennsylvania law. (8) It is additionally a defense to prosecution under subsection (5) or (6) that the actor had taken reasonable precautions under the attendant circumstances to ensure that a child would not have the ability to obtain access to the firearm without supervision. Such precautions could include, but need not be limited to: (a) storage of the firearm in a place where, at the time the access was obtained, an unsupervised child would not reasonably have been expected to have been able to gain access; or (b) storage of the firearm in a locked safe, locked rack, locked hard case, locked soft case, locked drawer, locked cabinet or other locked container; or (c) installation of a lock on the firearm to prevent its normal function and discharge. (9) Violation of this Section is a Class III offense punishable by incarceration of not more than 30 days and a fine in an amount provided for in Section 1-109 of The Philadelphia Code. To the extent that any conduct in violation of this Section also constitutes a violation of state law, then the conduct shall be punishable under the applicable state law. Violation of this Section by a child shall constitute a delinquent act as defined by the Juvenile Act, 42 Pa. C.S. § 6302 and shall be punishable according to the provisions of Subchapter D of the Juvenile Act, 42 Pa. C.S. §§ 6351-58. Notes 306 | Added, Bill No. 060804 (approved January 23, 2007); amended, Bill No. 160331 (approved June 28, 2016).

Philadelphia Code § 10-835 Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders.

§ 10-835. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders. (1) Prohibitions Relating to Acquiring or Purchasing Firearms. No person who is the subject of an active protection from abuse order, issued pursuant to 23 Pa. C.S. § 6108 (relating to relief), shall acquire or purchase any firearm during the period of time in which the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order. (2) Prohibitions Relating to Possessing Firearms. No person who is the subject of an active protection from abuse order, issued pursuant to 23 Pa. C.S. § 6108 (relating to relief), shall possess, use, control, manufacture or obtain a license to possess, use, control or manufacture any firearm during the period of time in which the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order. (3) Permissible Transfers to Eligible Persons. A person who is prohibited from possessing, using, controlling or manufacturing a firearm under subsection (2) shall have a reasonable period of time, not to exceed 72 hours from the date such protection from abuse order takes effect, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household. All sales and transfers by prohibited persons under this subsection shall be reported to the Police Department within 24 hours of each sale or transfer. (4) Hearings. Within seventy-two (72) hours after service of a temporary protection from abuse order arising out of an ex parte proceeding conducted pursuant to 23 Pa. C.S. § 6107(b), a person subject to such temporary order shall have the right to petition the Philadelphia Court of Common Pleas for an emergency hearing to challenge the application of this Section to such person. The filing of a petition for an emergency hearing shall act to toll the time limitations imposed under subsection (3). (5) Penalties. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300), or imprisonment of not more than ninety (90) days, or both. The fine may be imposed through the confiscation of the illegally obtained or possessed firearm by the City of Philadelphia Police Department, said weapon to be melted down or rendered inoperable thereafter. Notes 307 | Added, Bill No. 040132-A (approved May 9, 2007). Section 2 of Bill No. 040132-A provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly."

Philadelphia Code § 10-835a Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders.

§ 10-835a. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders. (1) Prohibitions Relating to Acquiring or Purchasing Firearms. No person who is the subject of an active protection from abuse order, issued pursuant to 23 Pa. C.S. § 6108 (relating to relief), which order provides for the confiscation of firearms during its effective period, shall acquire or purchase any firearm during the period of time in which the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order, or portion thereof relating to the confiscation of firearms. (2) Prohibitions Relating to Possessing Firearms. No person who is the subject of an active protection from abuse order, issued pursuant to 23 Pa. C.S. § 6108 (relating to relief), shall possess, use, control, manufacture or obtain a license to possess, use, control or manufacture any firearm during the period of time in which the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order. (3) Permissible Transfers to Eligible Persons. A person who is prohibited from possessing, using, controlling or manufacturing a firearm under subsection (2) shall have a reasonable period of time, not to exceed 72 hours from the date such protection from abuse order takes effect, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household. All sales and transfers by prohibited persons under this subsection shall be reported to the Police Department within 24 hours of each sale or transfer. (4) Hearings. Within seventy-two (72) hours after service of a temporary protection from abuse order arising out of an ex parte proceeding conducted pursuant to 23 Pa. C.S. § 6107(b), a person subject to such temporary order shall have the right to petition the Philadelphia Court of Common Pleas for an emergency hearing to challenge the application of this Section to such person. The filing of a petition for an emergency hearing shall act to toll the time limitations imposed under subsection (3). (5) Penalties. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300), or imprisonment of not more than ninety (90) days, or both. The fine may be imposed through the confiscation of the illegally obtained or possessed firearm by the City of Philadelphia Police Department, said weapon to be melted down or rendered inoperable thereafter. Notes 308 | Added, Bill No. 080018-A (approved April 10, 2008). Enrolled bill numbered this as Section 10-835; renumbered by Code editor. Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.

Philadelphia Code § 10-836 Reserved. [Added, Bill No. 040312 (approved May 9, 2007). Section 2 of Bill No. 040312 provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly." Amended, Bill No. 100360 (approved October 12, 2010), effective July 1, 2010; repealed, Bill No. 180553 (approved December 4, 2019).]

Philadelphia Code § 10-836a Reserved. [Added, Bill No. 080017 (approved April 10, 2008). Enrolled bill numbered this as Section 10-836; renumbered by Code editor. Amended, Bill No. 100360 (approved October 12, 2010), effective July 1, 2010; repealed, Bill No. 180553 (approved December 4, 2019).]

Philadelphia Code § 10-837 Sale or Transfer of Ammunition.

§ 10-837. Sale or Transfer of Ammunition. (1) Any person that sells ammunition for a firearm, pistol, revolver, rifle or shotgun shall make a report to the City of Philadelphia Police Department of all of the following within seven (7) days of each such sale: (a) Description of the purchase, including type and quantity. (b) Name and address of purchaser. (c) Date of purchase. (2) The City of Philadelphia Police Department shall establish and maintain a registry of reports received under this Section. Notes 311 | Added, Bill No. 040118-A (approved May 9, 2007). Section 2 of Bill No. 040118-A provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly." Enrolled bill numbered this as Section 10-834; renumbered by Code editor.

Philadelphia Code § 10-838 Failure to Report Lost or Stolen Firearm.

§ 10-838. Failure to Report Lost or Stolen Firearm. (1) Prohibited Conduct. No person who is the owner of a firearm that is lost or stolen shall fail to report the loss or theft to an appropriate local law enforcement official within 24 hours after the loss or theft is discovered. (2) Penalties. Any person who violates the provisions of this Section shall be subjected to a fine of not less than three hundred dollars ($300) and not more than seven hundred dollars ($700) for each violation committed during calendar year 2005; one thousand one hundred dollars ($1,100) for each violation committed during calendar year 2006; one thousand five hundred dollars ($1,500) for each violation committed during calendar year 2007; one thousand nine hundred dollars ($1,900) for each violation committed during calendar year 2008; and two thousand dollars ($2,000) for each violation committed thereafter. Notes 312 | Added, Bill No. 060700 (approved May 9, 2007). Section 2 of Bill No. 060700 provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly." Enrolled bill numbered this as Section 10-834; renumbered by Code editor.

Philadelphia Code § 10-838a Failure to Report Lost or Stolen Firearm.

§ 10-838a. Failure to Report Lost or Stolen Firearm. (1) Prohibited Conduct. No person who is the owner of a firearm that is lost or stolen shall fail to report the loss or theft to an appropriate local law enforcement official within 24 hours after the loss or theft is discovered. (2) Penalties. A violation of this Section shall be deemed a Class III Offense, subject to the penalties set forth in Section 1-109. (3) Repeat Offenders. Any person who commits, on more than one occasion, a violation of this Section, 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 one thousand nine hundred dollars ($1,900) for any violation committed in 2008, and not more than two thousand dollars ($2,000) for any violation committed in 2009 or thereafter, 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. Notes 313 | Added, Bill No. 080032-A (approved April 10, 2008). Enrolled bill numbered this as Section 10-834; renumbered by Code editor.

Philadelphia Code § 10-839 Reporting Requirements for Lost or Stolen Vehicles.

§ 10-839. Reporting Requirements for Lost or Stolen Vehicles. (1) The owner of any vehicle that has been stolen shall report the theft to the Police Department within 24 hours after the theft is discovered. (2) The Police Department shall maintain a database of all reported stolen vehicles. The database shall record the following information in a form designed by the Police Department: The make and model of stolen vehicle; the vehicle's license plate number and, if known, the vehicle identification number; the name, address, and contact telephone number of the stolen vehicle's owner; and any additional contact information the person providing the report chooses to provide. Notes 314 | Added, Bill No. 090691-AAA (approved February 17, 2010), effective March 19, 2010.

Philadelphia Code § 10-840 Criminal and Defiant Trespassers.

§ 10-840. Criminal and Defiant Trespassers. (1) Legislative Findings. (a) Criminal and defiant trespassers create a condition that could erupt in violence endangering lives and promoting the prospect of injuries to persons and damage to properties, all of which poses a serious risk to the public health, safety and welfare. (b) Criminal and defiant trespassers have no rights to occupy residential property as against the rights of the current owner or authorized agent of said residential property. Owners of residential property in Philadelphia have full rights over and to their residential property as provided under Pennsylvania law. (c) There is also confusion about whether criminal and defiant trespassers are tenants. They are not, and have none of the rights of tenants. (2) Definitions. The following definitions apply to this Section 10-840. (a) Alleged Criminal and Defiant Trespasser. A person who the owner of a property or authorized agent of said owner alleges is criminally and defiantly trespassing on the owner's residential property under this Section 10-840. (b) City of Philadelphia Appropriate Eviction, Ejectment Proceedings, and Emergency Housing Fact Sheet. A fact sheet created by the Law Department in consultation with appropriate City offices and departments, which shall, at a minimum: (.1) Explain the procedures for eviction or ejectment available before the Court of Common Pleas and Municipal Court, and emergency preliminary injunction proceedings in the courts. (.2) Explain the procedure set forth in this Section 10-840 as well as the limitations on self-help evictions set forth in Chapter 9-1600. (.3) Provide contact information for legal resources available to homeowners such as local legal services agencies and the county bar association's lawyer referral service. (.4) Provide contact information for agencies that may be able to assist in obtaining housing services. (.5) Provide contact information for legal resources available to persons seeking shelter such as local legal services agencies and the county bar association's lawyer referral service. (c) Criminal and Defiant Trespasser. A person who is not an owner of the subject residential property; and is not a victim of domestic violence, sexual harassment, or stalking under subsection 9-3201(8) of the Code that has been perpetrated by an owner of such property or by another person who is or had recently lived with such victim in such residential property; and who occupies residential property without any of the following: (.1) title, including by adverse possession of the residential property under Pennsylvania Law; (.2) permission of an owner of said residential property, a prior owner of said residential property with legal authority to grant such permission at the time it was granted, a tenant of such residential property with legal authority to grant such permission at the time it was granted, or an authorized agent of any of the foregoing; (.3) any other interaction with an owner of said residential property, a prior owner of said residential property, or an agent of either of the foregoing, that would indicate a relationship recognized as a landlord-tenant relationship pursuant to the Pennsylvania Landlord-Tenant Act of 1951, April 6, 1951 (P.L. 69, No. 20), as amended, 68 P.S. §§ 250.101 et seq. (the "Landlord-Tenant Act"), with respect to said residential property; (.4) the payment of a deposit, rent, or rent substitute to an individual whom such person believes in reasonable good faith is either an owner of the residential property or has the authority to rent such property; or (.5) any other legal claim to reside in the residential property, including a claim to legal or equitable title of such residential property, including but not limited to such a claim asserted by: (.a) a former owner of a residential property sold at tax sale claiming a right to redeem before the end of the redemption period under Pennsylvania law; (.b) an individual who is a buyer of the residential property under an installment sales contract; (.c) an individual to whom the property has been conveyed pursuant to an unrecorded deed; (.d) an individual with a right to reside in the residential property under the federal Protecting Tenants at Foreclosure Act. (d) Owner. The holder or holders of legal, equitable, or record title to a residential property. The term shall include an heir, assignee, trustee, or beneficiary. (e) Owner or Authorized Agent Affidavit Alleging Criminal and Defiant Trespassing. A signed affidavit by the owner or authorized agent of such owner that states the following to the best of the affiant's knowledge, information and belief after such affiant has made a reasonable good faith attempt to determine the truthfulness of the facts being asserted and includes such other information as prescribed by the Police Department: (.1) The affiant is the owner of the residential property located at a given address or the authorized agent of such owner. As the term is used throughout this affidavit an owner is a person who holds legal, equitable, or record title to a residential property, and shall include an heir, assignee, trustee, or beneficiary. (.2) A person who does not have a claim to reside in the residential property, such as those referenced in subsections 10-840(c)(.1) through (.5) of The Philadelphia Code, including a claim that such person is an owner of such property, has entered and remained on said residential property without the permission of an owner of such property. (.3) The affiant has never had a landlord-tenant relationship regarding the property with the person currently occupying the property, or provided oral or written authorization or permission to the person or persons currently occupying the property to occupy the property, nor has any agent or personal representative established such a relationship on the affiant's behalf. (.4) No owner of the property, including a prior owner, established a landlord-tenant relationship, or provided oral or written authorization or permission to authorize the person or persons to occupy the property, nor has any agent or personal representative done so on such other owner's behalf. (.5) The affiant is requesting assistance from the Philadelphia Police because the affiant believes a crime is being committed. (f) Residential Property. All property legally used or held out for individuals to live in, regardless of whether such property is occupied by the owners of said property, rented, or vacant. The term shall also include the residential portion of a mixed-use building or development. For purposes of Section 10-840, "residential property" shall not include a plot of ground exclusively used to cultivate herbs, fruits, flowers, or vegetables. (3) Prohibited Conduct. (a) No person shall knowingly engage in activity that qualifies such person as a criminal and defiant trespasser. (b) No person shall make a material statement such person knows, or should know, to be false in an attempt to either (.1) force an alleged criminal and defiant trespasser to vacate a property, or (.2) otherwise cause an alleged criminal and defiant trespasser's removal from a property. Nor shall any person fail to correct a material statement such person subsequently learns to be false. A statement is material if it could or has affected a determination of whether an alleged criminal and defiant trespasser is a criminal and defiant trespasser under this Section 10-840. (4) Police Procedures. (a) General Rule. A law enforcement officer having probable cause to believe that a person on residential property is criminally trespassing within the meaning of 18 Pa. C.S. § 3503 (relating to criminal trespass) shall have the authority to make an arrest or take such other steps to investigate the situation as is appropriate under the circumstances, all in a manner consistent with the Police Department's internal protocol for investigating criminal and defiant trespassers, and shall obtain a warrant authorizing entry into the premises where appropriate. Nothing in this Section 10-840 shall limit the authority of the Police to conduct an investigation, or make an arrest, or in any other way diminish or interfere with the Police's authority to enforce the criminal laws in the City or Commonwealth concerning trespass, or otherwise. (b) Owner or Authorized Agent Initiated Investigations. Once the owner of a property or an authorized agent of such owner complains to the Police that a criminal and defiant trespasser is occupying such owner's residential property, the Police shall promptly investigate the matter in accordance with its internal directive for investigating theft of residential real property. The owner or authorized agent of a residential property may initiate such an investigation by providing to the Police an owner or authorized agent affidavit alleging criminal and defiant trespassing. Such affidavit shall not itself authorize the Police to remove an alleged criminal and defiant trespasser from a residential property. Blank copies of such affidavits shall be publicly available on the Police Department and City website. (c) Mandated Report. A police officer conducting an investigation pursuant to this subsection 10-840(4) shall make an incident report, and such other reports as prescribed by Police Department directive which shall at a minimum document: (.1) the parties involved and any verifiable identification provided, or lack thereof; (.2) the facts as alleged by the respective parties; (.3) any visual or other observations made by the officer that support statements made by any party; and (.4) any documentation concerning the alleged existence of a lease or other agreement concerning the current living arrangements or ownership of the property. (d) Provision of Information. A police officer conducting an investigation shall make owners or authorized agents and alleged criminal and defiant trespassers aware of the availability of the City of Philadelphia Appropriate Eviction, Ejectment Proceedings, and Emergency Housing Fact Sheet. This fact sheet shall be publicly available on the Police Department and City website. (5) Court Procedures. (a) Upon the filing with the Court of Common Pleas of Philadelphia of a complaint for ejectment supported by an owner or authorized agent affidavit alleging criminal and defiant trespassing and a motion for emergency preliminary injunction pursuant to Pennsylvania Rules of Civil Procedure 1051 – 1058 and Philadelphia Court of Common Pleas Local Rule *208.3(a), the Court shall schedule an emergency hearing within five (5) business days, or such other time period as is necessitated by the circumstances presented or applicable court procedure. (b) A judge shall grant an emergency preliminary injunction, order the criminal and defiant trespasser to vacate the premises, and authorize the issuance of a writ of possession if the owner or authorized agent proves by a preponderance of the evidence that the owner or authorized agent is likely to prevail on the merits of the action for ejectment and a preliminary injunction is otherwise appropriate under applicable law. (c) Court to Adopt Means of Service. The Court shall adopt a means of prompt and effective service in those instances where the plaintiff avers that service cannot be safely effected by an adult individual other than a law enforcement officer or where the court so orders. (d) Simplified Forms and Assistance. The Courts may: (.1) Provide simplified forms and clerical assistance in English and Spanish to help with the writing and filing of the complaint in ejectment, motion for emergency preliminary injunction, and responses thereto for individuals not represented by counsel. (.2) Provide the plaintiff and defendant with written and oral referrals in English and Spanish, to local legal services agencies and to the county bar association's lawyer referral service. (e) Residential Lease Fraud Victims. Upon receiving information that an alleged criminal and defiant trespasser is a residential lease fraud victim under any applicable Police Department directive, the Police Department shall take such steps as provided for in such directive, including notifying the victim in writing that such victim cannot legally remain in the residence and must make arrangements to move out within fifteen (15) days, or such other time period as is necessitated by the circumstances presented or applicable police directive. (6) Penalty. In addition to such other fines, penalties, and imprisonment as applicable under Pennsylvania law, the penalty for a violation of subsection 10-840(3)(a) or (b) shall be a fine of not more than one thousand dollars ($1,000), or imprisonment of not more than ninety (90) days, or both, provided that, a person who violates subsection 10-840(3)(a) at two or more separate residential properties, or at a single residential property after having been legally removed from such property, including by arrest, shall be subject to a fine of not more than two thousand dollars ($2,000), or imprisonment of not more than ninety (90) days, or both. A person will be guilty of a second violation regardless of whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. (7) Private Right of Action. An individual who has been wrongfully accused of being an alleged criminal and defiant trespasser shall have a private right of action against any person who knowingly violates subsection 10-840(3)(b) and may recover, for each such violation, actual damages, reasonable attorneys' fees and court costs to the extent allowed by law, and such other relief, including injunctive relief, as the court may deem appropriate. This subsection in no way limits the rights of private parties to pursue any legal rights and claims they may possess under a written agreement or any other applicable law. Notes 315 | Added, Bill No. 180430 (became law September 13, 2018); amended, Bill No. 180741-A (approved December 11, 2018).

Philadelphia Code § 10-841 Fraudulent Leasing of Residential Property.

§ 10-841. Fraudulent Leasing of Residential Property. (1) Prohibited Conduct. No person shall rent a residential property to a third party if such person does not (a) own the residential property, (b) have the legal authority from an owner of such property to rent the residential property to such third party, or (c) have the legal authority to occupy such property. (2) Penalty. In addition to such other fines, penalties, and imprisonment as applicable under Pennsylvania law, any person who violates subsection 10-841(1) shall be subject to a fine of not more than two thousand dollars ($2,000), or imprisonment of not more than ninety (90) days, or both. (3) Private Right of Action. The following persons shall have a private right of action against any person who violates subsection 10-841(1) and may recover, for each such violation, actual damages, punitive damages not to exceed two thousand dollars ($2,000) per violation, reasonable attorneys' fees and court costs to the extent allowed by law, and such other relief, including injunctive relief, as the court may deem appropriate: (a) An owner whose residential property has been wrongfully rented out by a person in violation of subsection 10-841(1). (b) An individual who has rented a residential property from a person without knowledge that such person did not possess the right to rent out such property. This subsection (3) in no way limits the rights of private parties to pursue any legal rights and claims they may possess under a written agreement or any other applicable law. Notes 316 | Added, Bill No. 180978-A (approved December 11, 2018).

Philadelphia Code § 10-842 Possession of Weapons at City Recreation Facilities.

§ 10-842. Possession of Weapons at City Recreation Facilities. (1) Definitions. (a) Weapon. For purposes of this Section, the term shall include any firearm, knife or other instrument designed to inflict bodily injury. (b) City Recreation Facility. For purposes of this Section, the term shall include all recreational facilities and the surrounding area within twenty-five (25) feet of such facilities under the management of the City Department of Parks and Recreation. (c) Firearm. For purposes of this Section, the term "firearm" shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon. (2) Prohibited Conduct. No person shall knowingly possess a weapon or knowingly cause a weapon to be present, whether openly or concealed, in the buildings of or on the grounds of any City Recreation Facility. (3) Exceptions. The prohibitions set forth in subsection (2) shall not apply to any City, State or Federal law enforcement officer, agent or employee engaged in his or her official duties. (4) Penalties. The penalty for violation of this Section shall be a fine of not more than two thousand dollars ($2,000), or imprisonment of not more than ninety (90) days, or both. (5) Posting of Notice. Notice of the provisions of subsection (2) shall be posted conspicuously at the public entrance to each City Recreation Facility. Notes 317 | Added, Bill No. 190749-A (approved December 4, 2019). Section 2 of Bill No. 190749-A provides: "Section 1 of this Ordinance shall be effective upon authorization by the Pennsylvania General Assembly."

Philadelphia Code § 10-843 Criminal Concealment by a Law Enforcement Officer.

§ 10-843. Criminal Concealment by a Law Enforcement Officer. (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 guilty of criminal concealment if the law enforcement officer, while performing official duties and interacting with the public: (a) Wears a mask, facial covering, disguise or any other garment that obscures the identity of the law enforcement officer; (b) Intentionally obscures, covers, removes or otherwise conceals a badge, tag, label or other identifying information required to be visibly displayed; (c) Uses a vehicle in the course of official duties that does not contain clear identifying information for the entity that employs the law enforcement officer that is visible to individuals other than such law enforcement officer; or (d) Fails to identify themselves to a subject of arrest, holding or detention or to provide identifying information upon request to the subject of an arrest after an arrest has been made. (3) Exceptions. (a) A law enforcement officer shall not be in violation of subsection (2)(a) if the officer: (.1) Wears a medical-grade mask or respirator necessary to prevent the transmission of airborne illnesses; (.2) Wears a mask for a religious purpose; (.3) Wears protective equipment designed to safeguard the face or head issued as part of duties associated with a Special Weapons and Tactics team; or (.4) Wears an item as a mask designed to protect against smoke or hazardous conditions during fire response or similar emergencies. (b) A law enforcement officer shall not be in violation of subsection (2) if the law enforcement officer is employed by a law enforcement agency that maintains and publicly posts a written policy pursuant to Section 10-848. (4) Grading. A violation of this section shall be a summary offense and upon conviction thereof, a violator shall be sentenced to pay a fine pursuant to Philadelphia Code § 1-109 per incident or undergo imprisonment for a period not exceeding ninety (90) days, or both, in addition to any other penalties imposed. (5) Enforcement. The District Attorney shall have the right to bring an action in a court of competent jurisdiction in this Commonwealth against any law enforcement officer under this section. (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 317.1 | Added, Bill No. 260060 (became law May 8, 2026), effective July 7, 2026.

Philadelphia Code § 10-844 Visible Badge Requirement.

§ 10-844. Visible Badge Requirement. (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 guilty of criminal concealment 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) Identify themselves to a subject of arrest, holding or detention; (c) Produce a badge, tag or label upon request; or (d) 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) Grading. A violation of this section shall be a summary offense and upon conviction thereof, a violator shall be sentenced to pay a fine pursuant to Philadelphia Code § 1-109 per incident or undergo imprisonment for a period not exceeding ninety (90) days, or both, in addition to any other penalties imposed. (5) Enforcement. The District Attorney shall have the right to bring an action in a court of competent jurisdiction in this Commonwealth against any law enforcement officer under this section. (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 317.2 | Added, Bill No. 260060 (became law May 8, 2026), effective July 7, 2026.

Philadelphia Code § 10-845 Tortious Concealment by a Law Enforcement Officer.

§ 10-845. Tortious Concealment by a Law Enforcement Officer. (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) Any person arrested in the City of Philadelphia has the right to know the identity of the arresting officer unless the officer qualifies for an exception under subsection (3). Except as provided in subsection (3), a law enforcement officer is liable for tortious concealment if the law enforcement officer, while performing official duties and interacting with the public, (a) Wears a mask, facial covering, disguise or any other garment that obscures the identity of the law enforcement officer, or fails to identify themselves to a subject of arrest, holding or detention; (b) Intentionally obscures, covers, removes or otherwise conceals a badge, tag, label or other identifying information required to be visibly displayed; or (c) Uses a vehicle in the course of official duties that does not contain clear identifying information for the entity that employs the law enforcement officer which is visible to individuals other than such law enforcement officer. (3) Exceptions. (a) A law enforcement officer shall not be in violation of subsection (2)(a) if the officer: (.1) Wears a medical-grade mask or respirator necessary to prevent the transmission of airborne illnesses; (.2) Wears a mask for a religious purpose; (.3) Wears protective equipment designed to safeguard the face or head issued as part of duties associated with a Special Weapons and Tactics team; or (.4) Wears an item as a mask designed to protect against smoke or hazardous conditions during fire response or similar emergencies. (b) A law enforcement officer shall not be in violation of subsection (2) if the law enforcement officer is 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 317.3 | Added, Bill No. 260060 (became law May 8, 2026), effective July 7, 2026.

Philadelphia Code § 10-846 Tortious Failure to Make an Identifying Badge Visible.

§ 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.

Philadelphia Code § 10-847 Tortious Impersonation of Law Enforcement Officers.

§ 10-847. Tortious Impersonation of Law Enforcement Officers. (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) No person shall falsely personate by uniform, insignia or otherwise any law enforcement officer. (3) 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 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. (4) 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. (5) 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 317.5 | Added, Bill No. 260060 (became law May 8, 2026), effective July 7, 2026.

Philadelphia Code § 10-848 Law Enforcement Agency Policies.

§ 10-848. Law Enforcement Agency Policies. (1) A law enforcement agency operating in Philadelphia shall maintain and publicly post a written policy prohibiting officers from concealing their identity, and requiring officers to visibly display their badge and other official identifying information, when performing enforcement duties. (2) The policy shall include, but not be limited to, each of the following: (a) A purpose statement affirming the agency’s commitment to all of the following: (.1) Transparency, accountability, and public trust. (.2) Restricting the use of facial coverings to specific, clearly defined, and limited circumstances. (.3) Restricting situations in which officers do not visibly display identification to specific, clearly defined, and limited circumstances. (b) A requirement that all law enforcement officers not use a facial covering when performing their duties, subject to a list of narrowly tailored exemptions for the following: (.1) Active undercover operations or assignments authorized by supervising personnel or court order. (.2) Operations where personal protective gear is required for physical safety. (.3) Protection of identity during prosecution. (.4) Exigent circumstances, involving an imminent danger to persons or property, or the escape of a perpetrator, or the destruction of evidence, including if the officer is responding to those circumstances while off-duty. (.5) When there is a specific, articulable, and particularized reason to believe identification would pose a danger to the physical safety of the officer. (.6) Applicable law governing occupational health and safety or reasonable accommodations. (c) A requirement that supervisors shall not knowingly allow a law enforcement officer under their supervision to violate agency policy limiting the use of a facial covering or requiring the visible display of identification. Notes 317.6 | Added, Bill No. 260060 (became law May 8, 2026), effective July 7, 2026.

Philadelphia Code § 10-849 Prohibiting Immigration Enforcement in City-Owned or Operated Spaces.

§ 10-849. Prohibiting Immigration Enforcement in City-Owned or Operated Spaces. (1) Definitions. The following definitions shall apply to this Section: (a) City-Owned or Controlled Property. Any property identified as owned or controlled by the City of Philadelphia including, but not limited to: (.1) Non-public areas of buildings; (.2) Parking lots; (.3) Garages; (.4) Parks; (.5) Vacant lots; (.6) Playgrounds; (.7) Property within the jurisdiction of the City operated by the City Controller, Sheriff, City Commissioners, or Register of Wills. (b) Staging Area. An area that is used to assemble, mobilize, and deploy vehicles, equipment, or materials, and related personnel, for the purpose of carrying out civil immigration enforcement operations. (c) Processing Location. Except for City airport facilities subject to contrary federal law or municipal regulations, an area that is used for activities such as the identification, intake, processing of documentation, detention, arrest, or temporary holding of individuals in connection with civil immigration enforcement operations. (d) Operation Base. An area that is used to plan, coordinate and execute civil immigration enforcement activities. (e) City Designee. The highest-ranking manager or official designated by a City Agency to serve as the authorized representative for purposes of communicating with immigration enforcement agents regarding requests under this Section, and at least one (1) alternate manager or official to serve in their absence. (f) City Agency. Any City department, agency, division, commission, council, authority, committee, board, or officer of the City of Philadelphia, or other body established by authority of ordinance, executive order, or Charter. (g) Contractor or Subcontractor. Any person or entity that receives City funds or is party to, or a subcontractor for, an agreement to provide services or goods to, or on behalf of, the City. (h) Judicial Warrant. A warrant based on probable cause and issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to Section 631 of Title 28 of the United States Code. (2) No City-owned or controlled property shall be used as a staging area, processing location, or operations base for civil immigration enforcement. (3) City agencies shall collaborate to identify City-owned or controlled property that either have been used, or are likely to be used in the future, as a staging area, processing location, or operations base for the purpose of civil immigration enforcement. Departments and Agencies shall ensure that all such properties have clear signage stating: This property is owned or controlled by the City of Philadelphia. It may not be used for civil immigration enforcement as a Staging Area, Processing Location, or Operations Base (4) Departments and Agencies shall ensure that, wherever appropriate, physical barriers, such as locked gates, are used to limit access to Philadelphia-owned or controlled property consistent with this Section. (5) Within 30 days of passage of this Act, City agencies shall develop the procedures necessary to implement this Act. These implementing procedures shall provide that any Philadelphia employee who becomes aware of the attempted or actual use of a Philadelphia-owned or controlled property as a staging area, processing location, or operations base for civil immigration enforcement shall immediately report to their supervisor, who will communicate with the City Solicitor. (6) This section does not apply to property that is subject to an existing lease or concession agreement to which the City of Philadelphia is a party. This Section is not intended to, and shall not be interpreted to, interfere with any such lease or agreement. (7) Certification. Any City agency, contractor, or subcontractor shall promptly notify the Office of the Mayor and City Council if any City-owned or controlled property is used as a staging area, processing location, or operations base for the purpose of civil immigration enforcement. (8) Nothing in this Section shall be construed as restricting or interfering with the execution of lawful judicial warrants or the enforcement of criminal law, nor as limiting the rights of any person or entity under state or federal law. This Section does not prohibit the lawful use of Philadelphia-owned or controlled property for purposes other than a staging area, processing location, or operations base for civil immigration enforcement, nor does it restrict any person or entity from carrying out functions unrelated to those purposes on such property. (9) 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 and no individual City employee or agent acting within the scope of their employment, and without authority as a City Designee, shall be subject to civil liability under this subsection. 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. (10) 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; (f) Revocation of a contract with a City contractor or subcontractor, or the barment of future contracts for a period of time not to exceed five (5) years; and (g) Other equitable relief, including, but not limited to, the dismissal or removal from office of the law enforcement officer. (11) 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 317.7 | Added, Bill No. 260061 (approved May 7, 2026), effective July 6, 2026.

Philadelphia Code § 10-850 Protecting Community Spaces.

§ 10-850. Protecting Community Spaces. (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). (b) Hospital. Any institution accredited by the appropriate state authority to provide medical care, pursuant to 31 Pa. Code § 88.131. (c) Information. Any personal identifying information, including custody status, release date, photos, Social Security number, Individual Tax Identification Number, contact information, place of birth, country of origin, place of employment, school or educational institution records, income, status as a recipient of public benefits, public utilities accounts, medical information or disability information. (d) Judicial Warrant. A warrant based on probable cause and issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to Section 631 of Title 28 of the United States Code. 317.9 (e) A document issued by an immigration enforcement official, including those from the United States Department of Homeland Security (DHS), United States Immigration and Customs Enforcement (ICE), or an administrative immigration judge (IJ), relating to suspected violations of immigration law, including an I-200 “Warrant for Arrest of Alien”, I-205 “Warrant of Removal / Deportation”, and any successor or similar forms. The term shall include civil administrative warrants, administrative subpoenas, detainer requests, removal orders, entries in databases maintained by National Crime Information Center or other entities, and any similar civil order for the arrest or detention of an individual or for information but shall not include a judicial warrant or court order. (f) City Designee. The highest-ranking manager or official designated by the City department or agency or Municipal Authority responsible for a Safe Community Place to serve as the authorized representative for purposes of interacting with law enforcement officers seeking entry to nonpublic areas of such facility, and at least one alternate manager or official to serve in their absence. (2) Safe Community Place means any property or facility owned, controlled, or operated by the City, other than City airport facilities subject to contrary federal law or municipal regulations, including but not limited to such property that is a: (a) Facility providing healthcare services; (b) School operated by the School District of Philadelphia, charter school, or City-funded or licensed pre-school; (c) Public library; (d) Designated disaster and emergency response site; (e) Courthouse; (f) Homeless shelter, rape crisis center, domestic violence shelter, family justice center, or human trafficking service provider; (g) Legal service provider; (h) Park or recreation center; (i) Community resource center; (j) Property within the jurisdiction of the City operated by the City Controller, Sheriff, City Commissioners, or Register of Wills to the extent permitted by state or federal law; or (k) Any other location properly designated by the City Solicitor or District Attorney of Philadelphia. (3) No employee or agent engaged in official duties at a Safe Community Place shall have the authority to consent to permitting a law enforcement officer to enter a nonpublic area of the facility. The designated City Designee for a Safe Community Place shall be the sole authorized individual responsible for communicating with a law enforcement officer regarding any request for entry into a nonpublic area of the facility and for informing such officer of the policies of this Section. (4) Agencies and Departments, as designated by the Mayor, are authorized to identify property that has been, and is likely to be used by, immigration enforcement. Each identified City-owned or controlled property shall have clear signage to this effect stating the following: “In nonpublic areas of this property, a judicial warrant is required for law enforcement activities and no voluntary consent may be solicited from any employee.” (5) This Section does not prevent compliance with a valid judicial warrant authorizing entry or entry under exigent circumstances. In the event a law enforcement officer seeks entry into a nonpublic area of a Safe Community Place for any purpose described in subsection (3), such law enforcement officer shall be directed to the City Designee who shall be required to be present for any such interaction and shall determine whether a valid judicial warrant or exigent circumstances authorize entry. (6) Agencies and Departments shall identify the public and nonpublic areas of Safe Community Places and inform the employees of those spaces. (7) All City employees are required to participate in annual trainings about the contents of this Section, including: the roles of City Designees; public and nonpublic spaces; administrative and judicial warrants; and protocols in interacting with law enforcement officers. (8) 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 and no individual City employee or agent acting within the scope of their employment, and without authority as a City Designee shall be subject to liability under this subsection. 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. (9) 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 a fine not to exceed two thousand dollars ($2,000) for each violation; (c) Payment of compensatory or punitive damages, provided that an aggrieved person shall make a reasonable effort to mitigate any damages; (d) Payment of reasonable attorneys’ fees; (e) Payment of court costs; (f) Revocation of a contract with a City contractor or subcontractor, or the barment of future contracts for a period of time not to exceed five years; and (g) Other equitable relief. (10) 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 317.8 | Added, Bill No. 260062 (approved May 7, 2026), effective July 6, 2026. Enrolled bill numbered this as Section 10-848; renumbered by Code editor. 317.9 | Enrolled bill repeated this definition at subsection (1)(g); redundant definition deleted by Code editor.
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/0-0-0-282770Fetched: 10/27/2026

Starting a business in Pennsylvania? Pennsylvania LLC guide: costs and requirements