City of Philadelphia - File #: 170715

• File #: 170715
• Version: 0
• Type: Bill
• Status: ENACTED
• File created: 9/14/2017
• In control: Committee on Streets and Services
• 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

Date	Ver.	Action By	Action	Result	Tally
10/25/2017	0	MAYOR	SIGNED
10/12/2017	0	CITY COUNCIL	READ AND PASSED	Pass	16:0
10/5/2017	0	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
10/5/2017	0	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL	Pass
10/5/2017	0	CITY COUNCIL	READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR
10/3/2017	0	Committee on Streets and Services	HEARING NOTICES SENT
10/3/2017	0	Committee on Streets and Services	HEARING HELD
10/3/2017	0	Committee on Streets and Services	REPORTED FAVORABLY, RULE SUSPENSION REQUESTED
9/14/2017	0	CITY COUNCIL	Introduced and Referred	Pass

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 Among other things, the legislation repealed 42 Pa.C.S. § 6802, which establishes procedures to follow to obtain the forfeiture of property, and replaced that provision with 42 Pa.C.S. § 5805; and

WHEREAS, The Philadelphia Code currently refers to the now-repealed provision in the "Penalties" section of the "Refuse and Littering" chapter.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 ...