COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING BEFORE THE COUNCIL COMMITTEE ON PUBLIC TRANSPORTATION AND PUBLIC UTILITIES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, 9/25/01 10:14 a.m. - - - BILL 010340 - amending Section 10-602 of the Philadelphia Code with respect to smoking on any vehicle of public transportation and in any public transit station or fare-paid area and increasing the amount to be paid in response to a violation notice to waive court appearance; amending Section 10-605 of the code to increase the penalty for consuming food or beverages on a vehicle of public transportation; amending Section 10-606 of the code to clarify the penalties for violations under Chapter 10-600; and amending Section 10-609 of the Code with respect to urination or defecation on a vehicle of public transportation; all under certain terms and conditions. RES.010433 Authorizing the Committee on Transportation and Public Utilities to hold hearings into access to transportation services for Philadelphia residents to expand their regional employment opportunities. PRESENT: COUNCILMAN W. WILSON GOODE, JR., Chairman - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 INDEX Dominic Cermele................................ Deputy Director of Finance Office of Administrative Review David Scott.................................... Deputy Chief, SEPTA Police Administrative Sergeant Michael J. Crowther.... Administrative Sergeant at PATCO 3 9/25/01 TRANS. COMM. BILL 010340, RES. 010433
Good morning. This is a public hearing and public meeting of the Committee on Transportation and Public Utilities on Bill 5 010340 and Resolution 010433. I would acknowledge the other committee members if they were present, but they are not yet, but we anticipate them coming, but we'll start with testimony anyway after the clerk reads Bill 010340 and the resolution also.
Bill 010340, an ordinance 12 amending Section 10-602 of the Philadelphia Code with respect to smoking on any vehicle of public transportation and in any public transit station or fare-paid area and increasing the amount to be paid in response to a violation notice to waive court appearance; amending Section 10-605 of the code to increase the penalty for consuming food or beverages on a vehicle of public transportation; amending Section 10-606 of the code to clarify the penalties for violations under Chapter 10-600; and amending Section 10-609 of the Code with respect to urination or defecation on a vehicle of public transportation; all under certain terms and conditions. And Resolution No. 010433, a resolution 4 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 authorizing the Committee on Transportation and Public Utilities to hold hearings into access to transportation services for Philadelphia residents to expand their regional employment opportunities.
Good morning ask Mr. Cermele and to testify as one panel. (Witnesses come forward.)
Good morning and thank you for coming in to testify. I will ask Mr. Cermele, Deputy Chief Scott, and the Administrative Sergeant Crowther to testify as one panel in any order you'd like. Please state your name for the record.
Good morning. I'm Dominic Cermele, Deputy of Finance Director. I serve as the executive director of the Office of Administrative Review. Good morning, Mr. Chairman. Thank you for the opportunity to appear before you today. Before I offer specific testimony on Bill 22 No. 010340, I want to share with you some information about the code violation notice process. CVNs are noncriminal civil infractions issued for various violations of the Philadelphia Code. This 5 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 program was first conceived as mechanism to cite those in violation of the City's trash, storage, and setout requirements, but has been expanded over the years to include a number of other property-based conditions as well as personal contact and behavior infractions. In the recently concluded fiscal year, 43,319 CVNs were issued resulting in revenue of just over $700,000; this is up from fiscal year 00, when 30,000 CVNs were issued, bringing in $450,000. The average payment per ticket issued has increased recently from $14.93 to $16.16. Our code unit at the Bureau of Administrative Adjudication, which is part of the Office of Administrative Review, processes the CVNs written by eight departments or agencies in the City, including the Police, Streets Department, Health Department, Fairmount Park, Licenses and Inspections, the Airport, and the University Pennsylvania Police. The Unit also collects associated revenue, schedules administrative hearings, and files code enforcement complaints in Municipal Court for failure to pay. Our hearing University adjudicates disputed CVNs via 6 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 administrative hearings. The primary purpose of this bill is to extend the definition of "vehicle of public transportation" to include those operated by public authorities and agencies other than the Southeastern Pennsylvania Authority. The Delaware River Port Authority, through the PATCO police, sought authorization to issue code violations notices in lieu of summary violations occurring in PATCO stations and on PATCO trains. In researching whether this authorization could be granted, the Office of the City Solicitor advises that the current code could be interpreted to refer to only SEPTA facilities and trains. The legislation before you would address that ambiguity by making all transportation facilities owned or operated by a public agency subject to smoke prohibitions. In addition, the amount required to be remitted in response to a code violation notice for smoking is now to be clarified to be $100. Other provisions of this bill standardize the maximum fine for eating or drinking on a vehicle of public transportation at $300 maximum. This will allow the 7 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 code violation notice to be issued for the initial infraction in the amount of $25. The final change adds vehicles of public transportation to the list of locations where public urination or defecation is prohibited. Representatives of SEPTA and PATCO here to today to testify and answer questions you may have about the need for these code changes and their plans for enforcement. Thank you, Mr. Chairman.
Thank you, Mr. Cermele. Deputy Chief Scott. DEPUTY CHIEF SCOTT: Good morning, Mr. Chairman. Thank you for affording me the opportunity to provide you testimony regarding Bill 17 No. 010340. The Southeastern Transportation Authority police officers have been issuing code violations notices since January 23, 1997. This is a part of our ongoing effort to address quality-of-life offenses. These noncriminal civil instruments have been issued to passengers who violated City ordinances while using public transportation. Issuing code violation notices for 8 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 quality-of-life offenses are an essential ingredient of SEPTA's ability to reduce felony offenses on the transit system in Philadelphia. Concentrating on minor infractions clearly sends a message that serious offenses will not be tolerated. Over the past years, the felony crimes 8 have been reduced 93 percent. We attribute much of 9 this success to our ability to issue code violation 10 notices. Issuing code violation notices does not 11 require our officers to leave the system, nor to handcuff and process offenders at police districts. Taking an offender to a police district can take two to three hours. Currently, the offender is issued a code violation notice on the spot, and the officer never leaves the transit system. This procedure takes approximately 10 to 15 minutes. Issuing a code violation notice is similar to receiving a traffic ticket. The process is less offensive and a good public relations tool. At the same time, the message is sent to passengers that SEPTA views all offenses committed on public transportation seriously. Additionally, many offenders cited for minor infractions have been taken into custody for 9 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 possession of firearms, narcotics, or they may have had felony warrants issued against them. SEPTA and PATCO are requesting that this committee amend the Philadelphia Code with respect to redefining a public authority or agency that owns or operates mass transportation so that all such agencies can issue code violation notices. The current language in this ordinance can be interpreted as being only applicable to SEPTA. Consistent enforcement of City ordinances by all law enforcement personnel, regardless of the agency affiliation, will assist the City of Philadelphia in reducing its overall crime rate. In addition, the bill clarifies that the amount of $100 is assessed to all violators who are issued code violation notices for smoking, 10-602. Language in this bill also clarifies that passengers are issued code violation notices for violating City Code 10-605. Food or beverages on vehicles of public transportation shall receive a maximum fine of $300. The ticket amount of $25 shall be assessed to all violators of any provisions except where otherwise specifically provided. The final change incorporates language 10 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 that includes vehicle of public transportation. This will clearly enable law enforcement officers to issue code violation notices to those who violate City Code 10-609, public urination or defecation, if the infraction is committed on public transportation conveyances. SEPTA believes that these changes will improve the quality of life for all citizens that use public transportation in the City of Philadelphia.
I thank you, Deputy Chief Scott. Administrative Sergeant Crowther. SGT. CROWTHER: Good morning. My name is Michael Crowther. I'm the administrative sergeant at PATCO. Good morning, Mr. Chairman. Thank you for affording me the opportunity to present this testimony regarding Bill No. 010340. The Port Authority Transit Corporation, PATCO, provides quality transportation services across the Delaware River and invests in the economic growth of Southeastern Pennsylvania and southern New Jersey. PATCO's emphasis is on safety and customer service. 11 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 The Port Authority Transit Police Department is that division of the department within PATCO's organization that is charged with implementing protection and service, using fully marked police cruisers and a uniformed police presence supplemented with a plain-clothes unit and unmarked cars. The department uses a proactive approach to patrol procedures to ensure freedom from intentional danger and discomfort for PATCO patrons, employees, and revenue property. The department attempts to maintain a level of compliance and to deter incidents of not only criminal nature but those quality-of-life issues for which the code violation notice was created. By accomplishing its mission, the department promotes an environment of positive public perception, which relates to safety and security, thus inviting and encouraging ridership growth. If legislation is approved to extend enforcement of the prohibitions in Section 10-600 of the Philadelphia Code to PATCO stations and train cars operating in Center City, it would allow the Port Authority Transit police officers to use code 12 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 violation notices instead of effecting arrests for minor offenses. This would enable a more efficient use of available police manpower and better management of current resources. Historically, it takes one of our PATCO officers approximately one hour to fully process and release someone on a summary violation for offenses which would just as easily be issued on a code violation notice, which takes approximately 11 minutes to complete. Both scenarios have the same 12 end result in mind, which is to enforce 13 quality-of-life issues and create an environment of 14 compliance. 15 It is more prudent and better for public perceptions of law enforcement officers to issue a code violation notice instead of effecting an arrest and processing a minor offender as if a criminal. When subjects are arrested for a quality-of-life type of offense and placed on a summary citation, they must appear in court. This causes an already overburdened legal system to address issues that can be avoided with the issuance of code violation notice. The offender then has the choice of directly paying the fine and eliminating any further 13 9/25/01 TRANS. COMM. BILL 010340, RES. 010433 action. This option in and itself would assist in removing a backlog of cases from the court docket and allowing officers to be back on the streets, where they are much more needed, than sitting in courtrooms, waiting to testify. As you can see, the use of a code violation is not just beneficial for the police but also the public we serve and the courts that must ultimately resolve the matter. Any consideration you could give this request is greatly appreciated. (Interruption.)
Please continue. SGT. CROWTHER: Actually, I was just done. That worked out just great.
Thank you for your testimony. Your testimony will be submitted to members of the committee. Is there anyone else to testify on this bill? (No response.)
This committee will stand in recess until 11:30. (Committee stands in recess until 11:30 then reconvenes.) 14 9/25/01 TRANS. COMM. BILL 010340, RES. 010433
This hearing of the Committee on Transportation and Public Utilities on Bill 010340 and Resolution 010433 is now recessed until Thursday, October 4, at 8:45 a.m. - - - 15 CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia's meeting of the Committee Transportation and Public Utilities of Tuesday, September 25, 2001, are contained fully and accurately in the stenographic notes taken by me upon, and that this is a true and correct transcript of same. RE: Ordinance 010340, Resolution 010433 _______________________________, Josephine Cardillo Registered Professional Reporter and Notary Public (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.)