Amending Section 12-1109 of The Philadelphia Code, entitled "Permits Required for Parades, Processions and Assemblages," by conditioning the issuance of such permits on the applicant's agreement to reimburse the City for additional costs the City incurs as a result of the activity for which the permit is issued, subject to a maximum reimbursement amount; by making such maximum reimbursement amount retroactive; and by requiring refunds to persons who reimbursed the City for costs in excess of such maximum amount, all under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Section 12-1109 of The Philadelphia Code is hereby amended to read as follows:

§12-1109. Permits Required for Parades, Processions and Assemblages.

(1) No parade, procession, or assemblages, except of the armed forces of the United States, the military forces of the Commonwealth of Pennsylvania, the forces of the Police Department or the Fire Department, or a funeral procession, shall occupy, march, or proceed along any street except in accordance with a written permit issued by the Department of Licenses and Inspections.

(2) No permit shall be issued under this Section until the applicant has entered into a written agreement with the City, in form approved by the Law Department, under which the applicant agrees to: (i) pay rental fees for any and all equipment which is to be provided by the City at the applicant's request for use in connection with the activity for which the permit is to be issued, and to pay the City for the repair and/or replacement cost of any such equipment that is not returned or that is returned in a damaged condition; and (ii) reimburse the City an amount equal to all personnel costs for services that the applicant specifically requests from the City in connection with the activity for which the permit is to be issued, including, but not limited to, costs for public safety, public health, sanitation, and Department of Public Property personnel, except that this provision shall not be construed to apply to City police costs associated with traffic and crowd control. This subsection (2) shall not apply to demonstrations covered by the “Office of Managing Director: Regulation Governing Permits for Demonstrations on City Property.”

(3) Other than the rental fees and reimbursements set forth in subsection (2), the City shall not charge any person who receives a permit under this Section for any public safety services provided by the City in connection with, or as a result of, the activity for which the permit was issued.

This provision shall be retroactive to January 1, 2009, and the City shall refund any amounts received from any person before this subsection became law that are in excess of the maximum amounts permitted.

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Explanation:

Italics

indicate new matter added.

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