Title
Amending Chapter 10-1200 of The Philadelphia Code entitled "Posting of Temporary Signs" by allowing signs to be posted on utility poles and streetlights, all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 10-1200 of The Philadelphia Code is amended as follows:
CHAPTER 10-1200. POSTING OF SIGNS
§10-1201. Definitions
"Commercial sign" shall mean any sign that:
(a) advertises for sale any merchandise, product, commodity or thing; or
(b) directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of directly promoting the interest thereof by sales; or
(c) directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit.
"Department" shall mean the Department of Licenses & Inspections.
"Signs" include, but are not limited to, banners, pennants, placards, and posters [,stickers, advertising flags, and plaques].
§10-1202. Prohibited Conduct.
(a) Except as provided in subsections (b) and (c), no person shall post any sign on any:
(1) utility pole;
(2) streetlight;
(3) traffic or parking sign or device, including any post to which such sign or device is attached;
(4) historical marker; or
(5) City-owned tree or tree in the public right-of-way.
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(c) A person may post a sign on a streetlight or a utility pole provided:
(1) The sign is affixed flush to the streetlight or utility pole;
(2) No sign shall exceed a size of eleven inches wide by eighteen inches high;
(3) The sign bears an official Department stamp, obtained pursuant to section 10-1206;
(4) The person removes the sign within ninety days after obtaining the official Department stamp;
(5) The sign is not a commercial sign;
(6) The person does not affix the sign by means of nails, tacks, screws, bolts, rivets, or staples; and
(7) The person does not affix the sign by means of glue, paste, plastic, vinyl adhesive, or any other permanent-type adhesive, but the person may affix a sign using non-permanent tape or string.
(d) Permission to affix a sign to a street light or utility pole, other than a sign in compliance with the Banner Program, shall not be valid for placement of the sign in any of the following geographic areas:
(1) The First Councilmanic District;
(2) The Second Councilmanic District;
(3) The Fourth Councilmanic District;
(4) The Fifth Councilmanic District;
(5) The Sixth Councilmanic District;
(6) The Seventh Councilmanic Distict;
(7) The Eight Councilmanic District;
(8) The Ninth Councilmanic District;
(9) The Tenth Councilmanic District;
(10) The area bounded by the north side of Vine Street; the Delaware River; the south side of South Street and the Schuylkill River.
§10-1203. Posting of Prohibited Signs
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(b) Any person responsible for the posting of a sign not in compliance with the provisions of § 10-1202 shall be liable:
(1) for the cost incurred in the removal thereof; and
(2) for a penalty [of $75] as set forth herein. The Department is authorized to issue notices of violation in the amount of $75 for any violation of this Chapter pursuant to the procedures set forth in Section 1-112 of this Code. The potential penalty for a violation of this Chapter is a fine of up to $300 per violation.
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§10-1206. Official Department Stamp
(a) An application for an official Department stamp to post signs under section 10-1202(c) shall:
(1) state the name and address of the applicant;
(2) certify that the sign(s) shall comply with the requirements in section 10-1202(c); and
(3) identify the number of signs to be posted.
(b) An applicant shall pay the Department a non-refundable fee of thirty-five cents per sign.
(c) An applicant shall also deposit with the Department one dollar per sign, or sign a personal bond in lieu of such cash deposit, as a guarantee that each sign will comply with the requirements in section 10-1202(c).
(d) The Department shall issue an official Department stamp for each requested sign to all applicants satisfying subsections (a),(b), and (c), and the stamp shall be affixed by the applicant to each sign before posting.
(e) The City shall refund the deposit for compliant signs bearing an official Department stamp that are returned to the Department within ten days of the deadline for the removal of the sign set forth in section 10-1202(c)(4).
(f) For all compliant signs returned within the timeframe specified in section 10-1206(e), the deposited money shall be refunded.
SECTION 2. On or before March 31, 2008, the Mayor shall submit to the Council President a report evaluating the effectiveness of this ordinance and its impact on the quality of life in the neighborhoods of the City.
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Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.
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