Title
Amending Chapter 10-700 of The Philadelphia Code, entitled “Refuse and Littering,” to exempt individuals from payment of certain fines and penalties relating to residential refuse and refuse collection when the City fails to complete collection on the designated collection day; to provide for cancellation of covered fines and associated charges, refunds, and administrative review; and to make related changes; all under certain terms and conditions
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 10-700 of The Philadelphia Code is hereby amended to read as follows:
CHAPTER 10-700. REFUSE AND LITTERING
* * *
§10-718. Enforcement.
* * *
(5) Residential Fine Exemption for Missed Municipal Collection.
(a) Definitions. For purposes of this subsection:
(.1) Designated collection day. The date established by the City for collection of
residential Municipal Waste or Recyclable Materials at particular premises, including a holiday-adjusted schedule or other schedule change publicly announced before the beginning of that date. An announcement made on or after that date shall not retroactively change the designated collection day for purposes of this subsection.
(.2) Residential municipal collection. Collection of Municipal Waste or
Recyclable Materials generated by residential occupancy at premises eligible for and receiving City collection service, whether performed by City employees or a contractor acting on behalf of the City. The term does not include collection of waste generated by commercial activities or collection privately arranged by a property owner, occupant, or other person.
(.3) Missed collection. Failure to complete residential municipal collection of
Municipal Waste or Recyclable Materials placed out for the designated collection day by 11:59 p.m. on that day. Collection of only a portion of such materials shall constitute a missed collection as to the materials remaining uncollected.
(.4) Exemption period. The period beginning at 12:00 a.m. on the designated
collection day on which a missed collection occurs and ending when collection of the materials that were not collected is completed.
(.5) Covered fine. Any fine, civil penalty, or stipulated payment imposed or
demanded by or on behalf of the City under this Code or a regulation adopted pursuant thereto for an alleged violation relating to residential Municipal Waste, Recyclable Materials, or their storage, preparation, placement, accumulation, removal, or collection at the affected premises or the adjoining sidewalk, curb, or collection location, where the alleged violation occurs during the exemption period. The term includes a separate daily fine or penalty for a continuing violation occurring during that period.
(b) Exemption.
(.1) An individual against whom a covered fine is imposed or demanded
shall be exempt from payment of that fine when a missed collection occurs at the affected premises.
(.2) The exemption shall apply to violations concerning set-out times,
collection locations, containers, bags, wrapping, separation of materials, quantity or weight limits, and the accumulation or presence of residential refuse or Recyclable Materials.
(.3) Compliance with the requirement underlying a covered fine shall not
be a condition of eligibility for the exemption. The City’s refusal to collect materials because of the condition alleged in the covered fine shall not, by itself, defeat the exemption.
(.4) The exemption shall apply regardless of whether the notice of
violation, assessment, or demand for payment is issued during or after the exemption period.
(c) Earlier fines and excluded collection.
(.1) This subsection shall not cancel, reduce, or otherwise affect any fine
or penalty for which a notice of violation was issued, or an assessment was first made, before the designated collection day on which the missed collection occurs. Nor shall it exempt a fine for an alleged violation occurring before that day. A separate daily fine for a continuing violation occurring during the exemption period shall remain eligible for exemption.
(.2) This subsection shall not apply to commercial collection or privately
arranged collection.
(d) Cancellation and associated charges.
(.1) A covered fine shall be canceled. No interest, late charge,
administrative fee, or debt-collection cost attributable to that fine shall be imposed or collected, and any such amount previously assessed shall also be canceled.
(.2) Upon determining that a fine is covered, the responsible City agency
shall correct its records and notify any other City agency or collection contractor to which the matter was referred.
(.3) Where judicial proceedings have commenced, the City shall take the
steps available to it to withdraw the claim for the covered fine and associated City-imposed charges. Where judgment has been entered, the City shall seek appropriate relief from the court. This subsection does not purport to waive charges independently required by state law.
(.4) Any payment received by or on behalf of the City toward a covered
fine or associated charge shall be refunded within sixty (60) days after the City determines that the payment is subject to this subsection.
(e) Determination and review.
(.1) The City agency responsible for residential municipal collection shall
maintain records of designated collection days, missed collections, and completion of missed collections, and shall make those records available to City agencies responsible for issuing and reviewing covered fines.
(.2) Where City records establish eligibility, the responsible agency shall cancel
a covered fine without requiring an application from the affected individual.
(f) Notice and implementation.
(.1) Notices demanding payment of fines potentially subject to this subsection
shall explain the exemption and how to request cancellation.
(.2) The City agencies responsible for residential municipal collection,
enforcement, and administrative review shall adopt regulations necessary to implement this subsection. Such regulations shall not condition relief on proper set-out or proof that the missed collection caused the alleged violation.
(.3) The exemption shall be enforceable on the effective date of this subsection
regardless of whether implementing regulations have been adopted.
§10-719. Penalties.
* * *
(13) Notwithstanding any other provision of this Section, no individual shall be liable for a covered fine under subsection 10-718(5). Cancellation of covered fines and associated charges, and refunds of payments, shall be governed by that subsection.
* * *
§10-726. Set Out Times For City Municipal Waste and Recyclable Materials Collection.
* * *
(2) Enforcement. Enforcement of this Section shall be pursuant to Section 10-718, except as follows:
* * *
(c) Any stipulated payment, fine, or civil penalty arising from enforcement of this
Section shall be subject to the exemption provided in subsection 10-718(5). An alleged violation of this Section shall not disqualify an individual from that exemption.
SECTION 2. This Ordinance shall take effect sixty (60) days after it becomes law and shall apply to missed collections occurring on or after that effective date.
End