- - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON LICENSES & INSPECTIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, December 8, 2004, 2:20 p.m. - - - BILL 040993 - An Ordinance amending Section 17-109 of The Philadelphia Code to create a bid preference for local towing companies when the City contracts for towing services, all under certain terms and conditions. BILL 040595 - An Ordinance amending Title 9 of The Philadelphia Code ("Regulation of Businesses, Trades and Professions") by amending Section 9-605 ("Towing") to prohibit certain towing upon the establishment of a rotational towing system, to define the parameters of the rotational system, and to make certain technical changes, all under certain terms and conditions. BILL 040996 - An Ordinance repealing Chapter 15 10-1200 of The Philadelphia Code entitled "Posting of Temporary Signs" and adopting a new Chapter 16 10-1200, entitled "Posting of Signs." BILL 040998 - An Ordinance amending Title 4, Subcode "A," Section A-506, entitled "Code Violation Notices (CVN)," by providing for a new amount to be remitted in response to a code violation notice with respect to violations of The Philadelphia Building Construction and Occupancy Code; and amending Title 4, Subcode "PM," Section PM-312, entitled "Overhanging or Encroaching Trees," to make conforming changes; all under certain terms and conditions. - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 PRESENT: COUNCILWOMAN JOAN L. KRAJEWSKI, Chair COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DI CICCO COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO 3 040996, 040998 - L & I - 12/8/04 - - - P R O C E E D I N G S - - -
Meeting of Licenses & Inspections is now in session. This is not Finance Committee. This is Licenses and Inspections Committee. Just want you all to understand that, because I know that's what you're waiting for. Before we get started, I would like to record that we're holding Bill 040595 and Bill 040993. Will the clerk please read the Bills.
Bill 040996, an Ordinance repealing Chapter 10-1200 of The Philadelphia Code entitled "Posting of Temporary Signs" and adopting a new Chapter 20 10-1200, entitled "Posting of Signs."
Good afternoon. Good day, Councilwoman Krajewski and members of the Committee. 4 040996, 040998 - L & I - 12/8/04 I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill Number 040996 which, if enacted, will adopt new requirements governing the posting of signs as found in Section 10-1200 of the Philadelphia Code. The posting or plastering of signs on utility poles, streetlights, trees, and other structures, has far too long been a source of blight within the neighborhoods throughout our City. Signs advertising everything from weight control to T.V. repair have sprung up in almost every neighborhood, and as fast as one is removed, another takes its place. This source of blight discourages persons from purchasing property within neighborhoods and also projects an unfavorable image to the many visitors who visit our City to take advantage of the variety of cultural, social and sporting events or activities we have to offer. 5 040996, 040998 - L & I - 12/8/04 Aside from being visually unattractive, this source of blight also presents problems related to public safety, by causing distractions for motorists operating vehicles on our streets, which leads to traffic accidents, resulting in property damage and personal injury. It is for this reason or for the reason outlined above that the Managing Director's Office is taking a proactive approach to address concerns related to the posting of signs on devices or structures along the City streetscape, by providing direction and coordination of operating departments charged with the enforcement of the provisions of Bill 040996, governing the posting of signs. A synopsis of Bill 040996 calls for an outright ban on any sign, regardless of content, as defined in the Bill, that is to be located on structures or devices mentioned in the Bill. Any person or organization found to be in violation of the provisions of this 6 040996, 040998 - L & I - 12/8/04 Ordinance will be issued a $75 code violation notice or ticket for each sign placed on the structures or devices mentioned in the ordinance. Bill 040996 further authorizes the Department of Licenses and Inspections or its designee to remove any sign found to be in violation, and to invoice the cost of removal to the responsible party for reimbursement. We believe enactment of this Ordinance or this Bill also addresses concern raised in the pending legislation that has been brought begins the City involving the language contained in the current Ordinance, related to the posting of temporary signs. As a result of this litigation, it is imperative that Bill 040996 be approved this year. Should the City not move quickly to enact legislation that governs the posting of signs, we may find ourself with no viable sign legislation to enforce and become embroiled in further litigation. Richie Fader and Craig Gottlieb of 7 040996, 040998 - L & I - 12/8/04 the Law Department, who are here with me today, can specifically answer questions the Committee may have with regard to this matter. Thank you for the opportunity to provide the Department's testimony on Bill 8 040996. I respectfully request that the rules of Council be suspended so as to permit first reading at the next session of Council. Thank you. I'll be happy to answer any questions.
Thank you very much. Any questions from members of the Committee? Councilman Clarke.
Real quick. When this particular Bill in a different version was passed earlier, was there some 8 040996, 040998 - L & I - 12/8/04 action by the state reflecting the posting of political posters?
There was some litigation. And I have Mr. Fader or Mr. Gottlieb here with me today, if they would come forward, and they could probably address that. I don't know about any action of the state.
It's my understanding that the state legislature addressed this particular Bill in some manner or fashion. I'm not sure of the specifics of it. I think --
I have one of the attorneys coming forward now, and they may have some knowledge of that.
I would just like to note for the record that Councilman DiCicco has been appointed by 9 040996, 040998 - L & I - 12/8/04 President Verna as a member of this Committee at this time.
It's my understanding this particular Bill in a different version was passed by Council in the last session, post our election. Subsequently, it's my belief that members of the legislature, who were going to have their election the following year, expressed some concerns. And I thought a Bill was actually introduced to supersede what we would do locally, as it related to the ability to place political posters on signs and poles throughout the City of Philadelphia.
It's possible. I'll check into it, but I don't have any personal knowledge of that. 10 040996, 040998 - L & I - 12/8/04
Thank you, Councilman. Richard Feder for the Law Department. Law Department's unaware of any such Bill.
You're not familiar with that? All right. With respects to political posters, would you agree -- and this is to any of you gentleman, probably Mr. Haigler -- that the likelihood for a challenger would be extremely diminished, to mount a credible campaign against one of us incumbents who find a way to be on T.V. and the newspaper simply by virtue of our level of incumbency. We'll probably be on T.V. tonight for something or another. And an individual who is an upcoming newcomer decides to challenge us. If they're prohibited from placing posters on poles, don't you think that puts them at a disadvantage?
-- those who are on the outside don't get coverage on the --
It's not really my place to speak to politics. I'm a City civil servant, and it's my job just to enforce whatever laws that we have to enforce. I can only speak to the concerns that are raised related to public safety with signs being posted, concerns being raised to the blight issue, and concerns raised regarding just the unattractive nature of the signs. As one who drives throughout our City, it's very disconcerting to see a lot of what I call urban graffiti all over the place, and seems like there really is no way to address that. So I'm just -- I'm not speaking to the politics of this.
And I'm assuming you guys are Civil Service, too, so you can't talk about the politics.
Councilman, I won't talk to the politics either. 12 040996, 040998 - L & I - 12/8/04 Just as a legal matter, there are other adequate channels of getting the message out as well: Hand billing, go door to door, posting signs on private property. So there are other methods as well of getting the message out.
So what's our ability to prohibit the placement of signs on poles that the City of Philadelphia does not own? Do we own P.E.C.O. poles?
We're allowed to regulate the placement of signs on poles within the City.
Things that we -- Even something -- You just said that a person that puts something on privately owned property, in a store or in some other privately owned --
P.E.C.O. poles are located in a public right-of-way. And I believe the City has a vested interest in protecting and preserving whatever is placed in the public right-of-way. So that's where we would get our authority to regulate that 13 040996, 040998 - L & I - 12/8/04 area.
So, similarly, the placement of a bus shelter or some other... some other piece of furniture or cafe, we have the right to regulate what could be on the cafe or what can be on the bus shelter.
That's correct. We do have the right to regulate those items. And in this case, we've chosen -- the Ordinance has chosen to regulate some and not others.
Okay. All right. Okay. Thank you. Thank you, Madam Chair.
Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam Chair. Good afternoon, gentlemen. Could someone explain to me briefly what the 14 040996, 040998 - L & I - 12/8/04 difference is in this Bill, as compared to the other Bill that Councilman Mariano introduced, and we passed, and was eventually struck down in the courts?
In terms of practical substance, the difference is none. In terms of legal substance, there was a clause in the last Bill that said that signs would be prohibited on the various items, except with the permission of the City. And a judge found that when you allow for the City to exercise discretion, in terms of deciding which signs can and can not be posted, that that discretion makes the law unconstitutional. This Bill eliminates any discretion. There is no discretion. Signs simply are not permitted to be posted. So that takes care of it. COUNCILMAN DiCICCO: I know, because I think that was challenged, I think, by Councilman Cohen and my would-be opponent in the last election. It was a community 15 040996, 040998 - L & I - 12/8/04 leader. They challenged that in the courts and were successful. And I was wondering: In your opinion, how do you think this will hold up in the courts? Do you think we've addressed those issues? Will this Bill address those issues that caused that Bill to be tossed in the courts?
In our opinion this Bill addresses any Constitutional problems the judge found with the last Bill. COUNCILMAN DiCICCO: Thank you. No 14 further questions.
Before we continue, I would like to recognize Council people that are here. We have Councilman Rizzo, Councilwoman Brown, Councilman Clarke, Councilman DiCicco and Councilman Ramos. If there are no other questions, then we'll proceed on the second Bill. Will the clerk please read the Bill. 16 040996, 040998 - L & I - 12/8/04
Bill 040998, an Ordinance amending Title 4, Subcode "A," Section A-506, entitled "Code Violation Notices (CVN)," by providing for a new amount to be remitted in response to a code violation notice with respect to violations of The Philadelphia Building Construction and Occupancy Code; and amending Title 4, Subcode "PM," Section PM-312, entitled "Overhanging or Encroaching Trees," to make conforming changes; all under certain terms and conditions.
Good day, Councilwoman Krajewski, and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses & Inspections. Today I'm here to provide testimony on Bill 040998 which will amend the Philadelphia property maintenance and administrative codes, to allow for the imposition of tickets in the amount of $75 17 040996, 040998 - L & I - 12/8/04 for certain violations of Title 4. This Ordinance is needed to address an oversight discovered subsequent to the enactment of Bill 040091 on June 21, 2004. Bill 040091 one was signed into law by the Mayor. And its purpose was to amend Section 1-112 of The Philadelphia Code, to increase the standard ticket amount to $75 for violations of The Philadelphia Code. Subsequent to the enactment of this Bill, it became apparent that other sections of The Philadelphia Code would also need to be amended, in order to make the new ticket amount applicable to those sections. Primarily, Title 4, The Philadelphia Building Construction and Occupancy Code needs to be amended in order to apply the increased $75 standard amount to violations of Title 4. The intent of Bill 040998 is to replicate the requirements of Section 1-112, as enacted under Bill 040091, by requiring the same standard amount for the issuance of tickets by the Department of Licenses and 18 040996, 040998 - L & I - 12/8/04 Inspections, to enforce Title 4, where the current amount is lower than the standard amount. Thank you for the opportunity to provide the department's testimony on Bill 7 040998, and we respectfully request suspension of the rules to permit first reading at the next session of Council.
Thank you very much. Are there any questions from members of the Committee? (No response.)
Is there anybody here to testify for or against the Bill? (No response.)
That ends our public hearing. (Public hearing concluded at 2:35 p.m.) 19 040996, 040998 - L & I - 12/8/04 - - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON LICENSES & INSPECTIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, December 8, 2004, 2:35 p.m. - - - BILL 040993 - An Ordinance amending Section 17-109 of The Philadelphia Code to create a bid preference for local towing companies when the City contracts for towing services, all under certain terms and conditions. BILL 040595 - An Ordinance amending Title 9 of The Philadelphia Code ("Regulation of Businesses, Trades and Professions") by amending Section 9-605 ("Towing") to prohibit certain towing upon the establishment of a rotational towing system, to define the parameters of the rotational system, and to make certain technical changes, all under certain terms and conditions. BILL 040996 - An Ordinance repealing Chapter 15 10-1200 of The Philadelphia Code entitled "Posting of Temporary Signs" and adopting a new Chapter 16 10-1200, entitled "Posting of Signs." BILL 040998 - An Ordinance amending Title 4, Subcode "A," Section A-506, entitled "Code Violation Notices (CVN)," by providing for a new amount to be remitted in response to a code violation notice with respect to violations of The Philadelphia Building Construction and Occupancy Code; and amending Title 4, Subcode "PM," Section PM-312, entitled "Overhanging or Encroaching Trees," to make conforming changes; all under certain terms and conditions. - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 20 040996, 040998 - L & I - 12/8/04 PRESENT: COUNCILWOMAN JOAN L. KRAJEWSKI, Chair COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DI CICCO COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO 21 040996, 040998 - L & I - 12/8/04 - - - P R O C E E D I N G S - - -
Now we will go into our public meeting on Licenses and Inspections. The Chair recognizes Councilman Clarke for the purpose of Bill Number 040996.
Thank you, Madam Chair. Madam Chair, make a motion that Bill 13 Number 040996 be reported out of Committee with a favorable recommendation and request for rule suspension as to allow reading at the next session of Council. COUNCILMAN DiCICCO: Second.
Okay. It has been moved and seconded that the Bill 22 040996, 040998 - L & I - 12/8/04 040996 be reported out of this Committee with a favorable recommendation; and further, that the recommendations that the rules of Council be suspended, so as to permit first reading at our next session of Council. Councilman Clarke, for the purpose of Bill 040998.
Thank you, Madam Chair. Madam Chair, make a motion that Bill 12 Number 040998 be reported out of Committee with a favorable recommendation; request for rules suspension, as to allow reading at the next session of Council.
Okay. It has been moved and seconded that the rules of Council be suspended so as to permit first 23 040996, 040998 - L & I - 12/8/04 reading of Bill 040998, to be reported out of this Committee with a favorable recommendation. That ends our public hearing, and thank you very much. (Public meeting concluded at 2:42 p.m.) 24 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing and public meeting of The Philadelphia City Council, taken on December 8, 2004, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)