Title
Amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning,” by providing for the issuance of licenses permitting temporary advertising to cover scaffolding erected in connection with the repair, reconstruction or maintenance of a building; all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:
TITLE 14. ZONING AND PLANNING
* * *
CHAPTER 14-1600. MISCELLANEOUS
* * *
§14-1619. Temporary Advertising on Scaffolding.
(1) Whenever scaffolding is erected in connection with the repair, reconstruction or maintenance of a building, the owner of the building may apply for a permit to erect temporary advertising to cover the scaffolding. Such permits shall be issued on the condition that the advertising completely cover all scaffolding abutting the building. The permit shall allow no more than a single advertisement on each side of the building on which scaffolding is erected.
(2) Application for a temporary advertising license shall be made on a form to be supplied by the Department of Licenses and Inspections (“Department”), and shall be accompanied by a non-refundable application fee of five hundred dollars ($500). No license shall be issued unless:
(a) the Department finds that the scaffolding and the temporary advertising meet the safety standards to be promulgated by regulation under subsection (5), as well as with all other applicable laws and regulations;
(b) any other applicable approvals and permits have been obtained; and
(c) the applicant agrees to comply with the terms of the license and to indemnify the City against any liability by reason of granting the license, and files a continuing bond for the temporary advertising satisfactory to the Law Department.
(3) The fee for issuance or renewal of a temporary advertising license, which fee is intended both to reimburse the City for all costs of administration and regulation and to make payment to the City in the nature of rent for occupation of the public right of way, shall be equal to ten percent (10%) of the payments a building owner receives during the license or renewal period in connection with the advertising or three thousand dollars ($3,000), whichever is greater.
(4) Temporary advertising licenses shall be issued for periods of three months, and may be renewed for additional periods of three months upon application to the Department. No license shall be issued or renewed for any period during which maintenance of the scaffolding is no longer necessary for the repair, reconstruction or maintenance of a building.
(5) The Department shall by regulation provide:
(a) standards of structural integrity for scaffolding to ensure that it may safely support advertising;
(b) safety standards for the materials of which temporary advertising may be constructed and how temporary advertising is to be secured to scaffolding;
(c) the information that must be submitted with a license or renewal application to ensure that the applicant’s scaffolding and advertising meets all standards and receives all approvals required by law or regulation.
(6) Temporary advertising may be placed and maintained on scaffolding under the terms and conditions of this Section notwithstanding any other provision of this Title to the contrary, including, but not limited to, Section 14-1604 (“Outdoor Advertising and Non-Accessory Advertising Controls”) and Chapter 14-1900 (“Signs”), and the provisions of Section 9-602 (“Outdoor Advertising”) shall not apply to temporary advertising signs licensed under this Section. Temporary advertising licensed under this Section must meet all other provisions of law and regulation.
* * *
SECTION 2. Non-severability. Should the provisions of subsection 14-1619(3) of The Philadelphia Code, as added by Section 1, relating to the fee for issuance or renewal of a temporary advertising license, be finally found illegal, invalid, or otherwise unenforceable, then the remaining provisions of Section 14-1619 shall no longer be of any effect, it being Council’s express intent that it would not have enacted any portion of Section 14-1619 of The Philadelphia Code unless the fee provisions of subsection 14-1619(3) were included.
___________________________________
Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.
End