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File #: 170715    Version: 0 Name:
Type: Bill Status: ENACTED
File created: 9/14/2017 In control: Committee on Streets and Services
On agenda: Final action: 10/12/2017
Title: Amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by further amending Section 10-719, entitled "Penalties," to conform with legislation recently enacted by the General Assembly, all under certain terms and conditions.
Sponsors: Councilmember Henon
Indexes: REFUSE AND LITTERING, SHORT DUMPING
Code sections: 10-700 - Refuse and Littering, 10-719 - Penalties
Attachments: 1. CertifiedCopy17071500.pdf
Date Ver.Action ByActionResultTallyAction DetailsVideo
10/25/20170 MAYOR SIGNED   Action details Not available
10/12/20170 CITY COUNCIL READ AND PASSEDPass16:0 Action details Not available
10/5/20170 CITY COUNCIL ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR   Action details Not available
10/5/20170 CITY COUNCIL SUSPEND THE RULES OF THE COUNCILPass  Action details Not available
10/5/20170 CITY COUNCIL READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR   Action details Not available
10/3/20170 Committee on Streets and Services HEARING NOTICES SENT   Action details Not available
10/3/20170 Committee on Streets and Services HEARING HELD   Action details Not available
10/3/20170 Committee on Streets and Services REPORTED FAVORABLY, RULE SUSPENSION REQUESTED   Action details Not available
9/14/20170 CITY COUNCIL Introduced and ReferredPass  Action details Not available
Title
Amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by further amending Section 10-719, entitled "Penalties," to conform with legislation recently enacted by the General Assembly, all under certain terms and conditions.

Body
WHEREAS, Philadelphia City Council has long been committed to resolving the harmful effects on neighborhoods caused by unlawful "Short Dumping"; and

WHEREAS, Council continues to believe that the potential threat of forfeiture of any vehicle involved in Short Dumping constitutes a credible deterrence to committing such Short Dumping; and

WHEREAS, by the enactment of Act 13 of 2017, the Pennsylvania General Assembly revised provisions related to asset forfeiture. Among other things, the legislation repealed 42 Pa.C.S. § 6802, which establishes procedures to follow to obtain the forfeiture of property, and replaced that provision with 42 Pa.C.S. § 5805; and

WHEREAS, The Philadelphia Code currently refers to the now-repealed provision in the "Penalties" section of the "Refuse and Littering" chapter. Council desires to update The Philadelphia Code to refer to the appropriate newly-enacted provision, thereby re-emphasizing the importance and availability of vehicle forfeiture as a penalty for Short Dumping; now, therefore



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.

* * *

§ 10-710. Dumping of Debris and Short Dumping.

(1) No person shall deposit, dump or cause to be placed any debris on any location without the prior written consent of the owner of such location. A violation of this subsection that is also a violation of subsection (2) may be prosecuted as a violation of subsection (2).

(2) No owner or operator, or an agent of either, of a trash, garbage or debris collection vehicle, including private automobiles and small ...

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