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Amending Title 10 of The Philadelphia Code, entitled “Regulation of Individual Conduct and Activity,” by adding a new chapter concerning vehicular mobile service providers, and providing for penalties, all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 10 of The Philadelphia Code is hereby amended as follows:
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
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CHAPTER 10-2800. VEHICULAR MOBILE SERVICE PROVIDERS.
§ 10-2801. Legislative Findings.
The Council of the City of Philadelphia hereby finds:
(1) There are increasing occurrences in which vehicular mobile service providers operating in the Seventh Councilmanic District have congregated in large numbers to distribute goods and provide services in residential areas, contributing to litter, nuisance behavior, and safety concerns that have adversely affected nearby residents;
(2) Among other things, residents living near where vehicular mobile service providers operate in the Seventh Councilmanic District have experienced increases in:
(a) The accumulation of plastic waste, human waste, discarded drug paraphernalia, discarded pills, medical supplies and various other items on residential streets, which pose a danger to children, the environment, public health, and the dignity of our communities;
(b) Increased social conflict and confrontation, caused by some recipients of mobile services who engage in nuisance and criminal activity, including conduct carried out on nearby residents’ porches, front steps, or in their backyards; and
(c) Exposure of their children to traumatic and frequently unsafe conditions arising from the fentanyl crisis.
(3) The purpose of this legislation is to protect community safety and wellbeing and to ensure that children, families and residential communities in the Seventh Councilmanic District are treated with dignity and can enjoy clean, safe communities.
§ 10-2802. Definitions.
(1) Community mobile crisis response team. Teams operated by the Department of Behavioral Health and Intellectual disability Services (DBHIDS) for the purpose of providing community-based emergency behavioral health services.
(2) Street Vendor. As defined in § 9-203. Street Vendors.
(3) Emergency Overdose Response: Mobile medical services dispatched upon a declaration of the Commissioner of the Department of Public Health for the purpose of responding to a geographically-specific cluster of overdose events to provide services to impacted individuals and prevent additional morbidity and mortality.
(4) Infectious Disease Response: Mobile medical services dispatched upon a declaration of the Commissioner of the Department of Public Health responding to a cluster of infectious diseases case reports for the purpose of providing services to impacted individuals and prevent additional morbidity and mortality.
(5) Mobile Medical Services. Services provided from a vehicle which entail the diagnosis or treatment of disease or any ailment of the human body. For purposes of this Chapter, mobile medical services do not include: emergency medical services provided by emergency medical responders as defined in 35 Pa. C.S. § 8103; services from community mobile crisis teams, emergency overdose response; infectious disease response; public health vaccination; pediatric services; veterinary services; dental services; vision services; or mammogram services.
(6) Non-medical Mobile Services. The distribution of tangible goods or the provision of services that do not qualify as mobile medical services to three (3) or more people, when carried out from a vehicle in the public right of way. For purposes of this Chapter, non-medical mobile services do not include Street Vendors.
§ 10-2803. Permitting Requirements for Mobile Medical Services.
(1) The Department of Public Health, or such other agency as designated by the mayor, shall create a permitting system to regulate mobile medical services in the Seventh Councilmanic District to protect public health and welfare.
(a) A separate permit shall be required for each vehicle that will provide mobile medical services within the District.
(b) The permit must be displayed at all times, as specified in regulations.
(c) Each permitted vehicle must be clearly marked to identify the organizational entity with which it is affiliated.
(2) No permit shall be issued pursuant to this Section unless the agency responsible for
permitting has confirmed that:
(a) All materials will be available which are necessary for the provision of services consistent with accepted standards of care and safety standards, including, where appropriate, sharps containers;
(b) If medical services will be provided, as defined in 63 Pa. Stat. Ann. § 422.2, such services will be administered or supervised by a health care practitioner, as defined in 35 P.S. § 448.103.
(3) Permits issued pursuant to this Section shall be renewed every 12 months, provided
however that a permit shall not be renewed if the permitted vehicle has been the subject of three (3) or more violations under this Chapter during the preceding 12 months.
§ 10-2804. Permitting Requirements for Non-Medical Mobile Service Providers.
(1) An agency designated by the mayor shall create a permitting system to regulate
non-medical mobile services specifying authorized locations and times the services may operate in the Seventh Councilmanic District to protect public health and welfare.
(a) Permit applicants shall be required to provide the license plate number of the vehicle from which they will operate and a phone number for a natural person who will be responsible for supervision of the provision of non-medical mobile services within the District.
(2) Permits issued pursuant to this Section shall be renewed every 12 months, provided however that a permit shall not be renewed if the permitted vehicle has been the subject of three (3) or more violations under this Chapter during the preceding 12 months.
§ 10-2805. Penalties.
The following violations shall be punishable by a fine of up to $1,000:
(1) Operation by a mobile medical service provider without a permit as required by Section 10-2803, after the date that implementing regulations have been adopted.
(2) Provision of mobile medical services in the Seventh Councilmanic District, except at the following times and locations:
(a) At 265 E Lehigh Avenue or such other location as is designated by the City for the provision of mobile medical services during hours specified by the City; and
(b) Between 11:00pm and 6:00am, on E. Allegheny Avenue between Kensington Avenue and F Street.
(3) Operation by a non-medical mobile service provider without a permit as required by Section 10-2804, after the date that implementing regulations have been adopted.
(4) Operation by a non-medical mobile service provider on any single day from the same location within the Seventh Councilmanic District for a period in excess of forty-five (45) minutes. A provider shall be deemed to be operating in the same location if it is located within one thousand (1,000) feet of a prior location during the relevant period.
§ 10-2806. Severability.
Each of the provisions of this Chapter are severable, and if any provision or portion thereof is held invalid, the remaining provisions shall not be affected, but shall remain in full force and effect.
SECTION 2. This Ordinance shall take effect 60 days after being adopted into law.
Explanation:
Italics indicate new matter added.
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