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Amending Section 10-800 of the Philadelphia Code, entitled "Safety" by adding a new Section 10-833 entitled "Possession of Weapons on School Property" to prohibit the possession of weapons in and around educational institutions; all under certain terms and conditions.

AI summary

The enacted ordinance adds a prohibition on knowingly possessing or placing weapons in school buildings, within 100 feet of covered elementary and secondary schools, or on transportation to and from those schools. It includes exceptions for authorized government officers and school officials, and provides penalties of up to a $300 fine, up to 90 days in jail, or both; the ordinance says it becomes effective only after the Pennsylvania Assembly enacts authorizing legislation.

File details

Status
ENACTED
Introduced
February 12, 2004
Sponsors
DRDonna Reed MillerDarrell L. Clarke
View official record ↗

Full text

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Chapter 10-800 of the Philadelphia Code, entitled “Safety” is amended to add a new Section 10-833 to read as follows:

Section 10-833. Possession of Weapons on School Property.

(a) Definitions.

“Weapon." For purposes of this section the term shall include, but not be limited to, any firearm, shotgun, rifle, knife, cutting instrument, cutting tool, nun-chuck stick, and any other tool, instrument or implement capable of inflicting serious bodily injury.

(b) Prohibited Conduct.

No person shall knowingly possess a weapon or knowingly cause a weapon to be present, whether openly or concealed, in the buildings of, within one hundred (100) feet of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Pennsylvania Department of Education or any elementary or secondary parochial school.

(c) Exceptions. The prohibitions set forth in subsection (b) shall not apply to:

(1) The lawful performance of official duties by any full-time officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.

(2) The lawful performance of official duties by a school official.

(d) Penalties.

The penalty for violation of this section shall be a fine of not more than three hundred ($300.00) dollars, or imprisonment of not more than ninety (90) days, or both. The fine may be imposed through the confiscation of the illegally possessed weapon by the City of Philadelphia Police Department, said weapon to be melted down or rendered inoperable thereafter.

SECTION 2. This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania Assembly.

______________________

Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

End

File history

Sometimes city council's record keeping is not complete. This timeline reflects the information on the council's legistar website.
  1. Council actionMAYOR

    Signed

  2. Council actionCITY COUNCIL

    Read

  3. Council actionCITY COUNCIL

    Ordered placed on next week`s second reading calendar

    Council actionCITY COUNCIL

    Read

    Council actionCITY COUNCIL

    Suspend the rules of the council

    Pass
    Council actionCITY COUNCIL

    Ordered placed on this day`s first reading calendar

  4. Council actionJoint Committees on Public Safety & Education

    Hearing notices sent

    Council actionJoint Committees on Public Safety & Education

    Reported favorably, rule suspension requested

    Council actionJoint Committees on Public Safety & Education

    Hearing held

  5. Council actionJoint Committees on Public Safety & Education

    Cancellation of Scheduled Public Hearing

    Council actionJoint Committees on Public Safety & Education

    Hearing notices sent

  6. Council actionCITY COUNCIL

    Introduced

    Pass
    Council actionCITY COUNCIL

    Referred