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Back to search resultsBill 090221

Amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," to require certain businesses and property owners either to pay a fee for City waste hauling or demonstrate that the business or property owner has a private provider of waste and recycling disposal services; all under certain terms and conditions.

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File details

Status
Enacted
Type
Bill
Introduced
March 19, 2009
Sponsors
CTCouncilmember Tasco

Full Bill

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.

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§ 10-718. Enforcement.

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(3)

Any person who receives a notice of violation, except a notice of violation of § 10-702, § 10-703(2), § 10-710, § 10-711, § 10-723, § 10-723.1, [or] § 10-723.2

or § 10-726

may, within ten (10) days, pay the amount of twenty-five (25) dollars, admit the violation and waive appearance before a Municipal Court Judge. Any person who receives a notice of violation of § 10-702 or

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§ 10-703(2) may, within ten (10) days pay the amount of one hundred fifty (150) dollars, admit the violation and waive appearance before a Municipal Court Judge. *

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§ 10-719. Penalties.

(1)

The penalty for violation of any provision of this Chapter, except § 10-702, § 10-703(2), § 10-710, § 10-711, § 10-723, § 10-723.1, [or] § 10-723.2

or § 10-726

shall be a minimum fine of one hundred (100) dollars and no more than three hundred (300) dollars for each violation.

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(3)

The penalty for violation of § 10-702, § 10-703(2), § 10-711, § 10-723, § 10-723.1

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or § 10-723.2 of this Chapter shall be a fine of three hundred (300) dollars.

The penalty for a violation of the regulations adopted under § 10-726 of this Chapter shall be a fine of five hundred (500) dollars.

§ 10-726. Commercial Establishment Waste Management.

(1)

Definitions.

(a)

Commercial establishment. A retail business or an office-based business located in a building in which a total of six or fewer residential, business or office units is located.

(2)

There is hereby imposed on all commercial establishments and all owners of the properties in which commercial establishments are located a fee for the collection of refuse, waste and recyclable materials in such amount as shall be established by the Department by regulation, which fee may be imposed on a monthly or annual basis, on a per bag or per weight basis, or such other basis as the Department may establish, in its discretion.

Exemption: Any commercial establishment or property owner that demonstrates, to the satisfaction of the Department, that it has in place one or more private waste hauling contracts that provide for collection of the establishment’s refuse, waste and recyclable materials is exempt from the fee.

(3)

The Department may establish regulations to implement this Section, including regulations establishing requirements to qualify for an exemption. Such regulations may also make conduct related to the application or qualification for an exemption pursuant to this Section a violation that is subject to penalties as set forth in this Chapter.

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SECTION 2.

This Ordinance shall be effective upon adoption of implementing regulations.

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Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

End

Timeline

File history

A file can move through several public steps, including introduction, hearings, amendments, votes and final action. This timeline puts those events in date order, groups routine entries from the same day, and attaches published member votes to the action they record.

  1. Council ActionMAYOR

    SIGNED

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    Source: LegislationDetail.aspx · gridLegislation

  2. Council ActionCITY COUNCIL

    READ

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    Member voteCITY COUNCIL

    PASSED

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    Pass17 Yes · 0 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be PASSED. The motion carried by the following vote:

    Member votes

    MemberVote
    Anna Cibotti VernaYes
    Bill GreenYes
    Blondell Reynolds BrownYes
    Brian J. O'NeillYes
    Curtis Jones, Jr.Yes
    Darrell L. ClarkeYes
    Donna Reed MillerYes
    Frank J. DiCiccoYes
    Frank RizzoYes
    Jack KellyYes
    James F. KenneyYes
    Jannie L. BlackwellYes
    Joan L. KrajewskiYes
    Maria D. Quiñones-SánchezYes
    Marian B. TascoYes
    W. Wilson Goode, Jr.Yes
    William K. GreenleeYes

    Source: LegislationDetail.aspx · gridLegislation

  3. 3 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR

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    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
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    A motion was made by Councilmember Tasco that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation

    ProceduralCITY COUNCIL

    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

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    Source: LegislationDetail.aspx · gridLegislation

  4. 2 procedural actionsCommittee of the Whole
    ProceduralCommittee of the Whole

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

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  24. UnanimousCITY COUNCIL

    Introduced

    Marked unanimous; no member-by-member tally published.

    Pass
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    A motion was made by Councilmember Tasco that this matter be Introduced. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation