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Amending Title 10 of The Philadelphia Code to create a new Chapter 10-2500, entitled "Less Lethal Devices," to regulate the use of less lethal devices in specific situations; all under certain terms and conditions.

AI summary

This enacted ordinance creates a Philadelphia Code chapter on “less lethal devices.” It requires the Philadelphia Police Department to establish or update a written policy prohibiting officers from using chemical weapons, such as tear gas, and kinetic energy munitions, such as rubber bullets, against people participating in demonstrations, marches, vigils, religious services, or other First Amendment activities; it took effect immediately.

File details

Status
ENACTED
Introduced
October 8, 2020
View official record ↗

Full text

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 10 of The Philadelphia Code is hereby amended to read as follows:

TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY

CHAPTER 10-2500. LESS LETHAL DEVICES

§ 10-2501. Definitions.

(1) Less Lethal. Any device designed to reduce the risk of causing fatal injury to the individual upon whom it is used, when compared to the use of firearms or other deadly force.

(2) Chemical Weapons. Any type of device designed as Less Lethal, to be launched or thrown as a projectile, in order to cause injury or trauma to the intended target through the action of chemicals as an eye, throat, respiratory, and/or skin irritant, as a means of crowd control. The term specifically includes, but is not limited to, any item commonly referred to as or having similar effects to “tear gas.”

(3) Kinetic Energy Munitions. Any type of device designed as Less Lethal, to be launched from any device as a projectile, in order to cause injury or trauma to the intended target as a means of crowd control or dispersal. The term specifically includes, but is not limited to, any item commonly referred to as rubber bullets.

(4) First Amendment Activities. Any demonstrations, picketing, speechmaking, marching, holding vigils or religious services, and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons.

(5) Department. The Philadelphia Police Department.

§ 10-2502. Less Lethal Device Policy.

(1) The Department shall establish a written policy, or update any relevant existing policy, to prohibit the use of Chemical Weapons and Kinetic Energy Munitions by any member of the Department on any individual engaging in First Amendment Activities.

SECTION 2. This Ordinance shall be effective immediately.

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 and ordered placed on next week's second reading calendar

    Council actionCITY COUNCIL

    Ordered placed on this day`s first reading calendar

    Council actionCITY COUNCIL

    Suspend the rules of the council

  3. Committee on Public Safety

    Details not published

    No details have been published for this item. Legistar notes that this meeting's minutes have not been finalized.
  4. Council actionCITY COUNCIL

    Introduced and Referred