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PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.6

SUBJECT: CODE VIOLATION NOTICES

INDEX SECTION TITLE PAGE NUMBER 1 Policy 1 2 Requisition and Control of Code 1 Violation Notices 3 Issuance of Code Violation Notices 2 4 Errors in Code Violation Notices 4 5 Processing of Code Violation Notices 4 6 Enforcement Procedure for Non-Designated 5 Personnel 7 Short Dumping Arrest Criteria for PCC 6501 6 8 Noise Complaints 7 9 Enforcement of Philadelphia Ordinance 12 Section10-611, “Sidewalk Behavior” Appendix “A” City Ordinance Violations Appendix “B” Code Violation Notice (CVN) Preparation Instructions Appendix “C” Mayor’s Executive Order for Non-Traffic Summary Citations/ CVN Issuance

Issued Date: 08-25-98 Effective Date: 08-25-98 Updated Date: 06-27-16


SUBJECT: CODE VIOLATION NOTICES ________________________________________________________________________________ 1. POLICY A. Only designated sworn personnel are permitted to issue Code Violation Notices (CVN) to enforce particular city ordinances. They include: 1. District Sanitation Officers 2. Operations Room Supervisors (ORS)

*1 3. Neighborhood Services Unit (NSU) personnel 4. Traffic District personnel 5. Personnel authorized by the district/unit Commanding Officer

*1 a. Personnel selected for Code Violation enforcement will receive training session from the Neighborhood Services Unit. B. Only particular offenses from the following sections of the Philadelphia Code of City Ordinances may be enforced through the issuance of Code Violation Notices. These sections include: 1. Property Maintenance Code 2. Title 9 - Regulation of Businesses, Trades, and Professions 3. Title 10 - Regulation of Individual Conduct and Activity 4. Title 15 - Parks and Recreation NOTE: Individual ordinance sections are notated in Appendix “A” of this directive. C. Code Violation Notices may be issued by personnel from the Health, Streets, Licenses and Inspections Departments, and Fairmount Park employees. ________________________________________________________________________________ 2. REQUISITION AND CONTROL OF CODE VIOLATION NOTICES A. The Code Unit, Bureau of Administrative Adjudication, located at 913 Filbert Street, is responsible for the control of all CVNs issued.

*1 B. The Neighborhood Services Unit (NSU), located at 4000 North American Street, will be responsible for ordering and maintaining CVN books from the Code Unit.

Issued Date: 08-25-98 Effective Date: 08-25-98 Updated Date: 12-08-11

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1. CVN books contain 25 pre-numbered Code Violation Notices. C. Police personnel designated to issue CVNs will:

*1 1. Requisition books from the Neighborhood Services Unit. 2. Ensure all books upon receipt are examined and not defective. 3. Ensure any defective books are returned to the Neighborhood Services Unit along with a memorandum describing the nature of the defect.

*1 D. The Commanding Officer, Neighborhood Services Unit will: 1. Ensure all CVN books are distributed in strict numerical order, beginning with the lowest number. 2. Record on the Control Log (75-189) the distribution of CVN books to personnel of utilizing districts. Ensure officers to whom books re issued sign the Control Log .

*1 E. Sworn personnel receiving CVN books will examine the book to ensure that it contains 25 Code Violation Notices in sequential order. Immediately return defective books to the Neighborhood Services Unit.

*1 1. When sworn personnel are transferred, detailed out, have retired, or separate from the Philadelphia Police Department they will return the unused/partially used CVN book to their Commanding Officer who will forward them to the Commanding Officer, Neighborhood Services Unit. ________________________________________________________________________________ 3. ISSUANCE OF CODE VIOLATION NOTICES A. Sworn personnel issuing CVNs to adult violators will: 1. Prepare the CVN with all necessary information as per Appendix “B.” 2. Detach violator’s copy and present it to the violator, except for violations of Section 10-710 (see Section “C” below). Refusal to accept will be notated in the “Comments” section of the CVN. Personnel may use the back of the CVN for comments. 3. Violators who are not present to receive the CVNs (i.e., sanitation violations) will have the violator’s copy left at their residence or place of business. a. If the property owner or responsible party resides at a different location from the location of occurrence, forward the entire CVN to 913 Filbert Street for processing.

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4 Submit to the ORS for review.

*1 5. A copy of the 75-48 will be forwarded to the Neighborhood Services Unit for enforcement action. B. Sworn personnel issuing CVNs to juvenile violators will: 1. Prepare the CVN with all necessary information as per Appendix “B.” Follow all procedures in Section 3-A-2 above. 2. Ensure to include the name, address, and telephone number of the juvenile’s parent/guardian. Use a 75-48 if the information cannot be placed on the CVN and attach. 3. Submit to the ORS for review.

*2 C. The parent, legal guardian or other legally responsible adult of any child under the age of (18) years who violates any provision of City Code Chapter 10-300, relating to “minors”, Chapter 10-500 relating to “Property Damage, Defacing and Interfering” with Chapter 10-700 relating to “Refuse and Littering” is in violation of City Code Section 10-307. This is a strict liability placed upon the parents/guardian for the conduct of minors under their care, which is in addition to the charges against the minor. D. If any minor is arrested/issued a Non-Traffic Summary Citation (03-8) for violating city codes 10-303(1), 10-303(2) (Curfew Violation) or any state offense which is also a violation of City Code Chapter 10-500 relating to “Property Damaging, Defacing and Interfering with” Chapter 10-600 relating to “Public Places Prohibited Conduct” or Chapter 10-700 relating to “Refuse and Littering” the parent/guardian shall be issued a Code Violation Notice for violating City Code 10-307. This is in addition to any charges filed against the minor. 1. The ORS will complete the CVN and present it to the parent/guardian when they arrive at the district to obtain custody of the juvenile. a. Should the parent/guardian not come to pick up the juvenile, obtain their name, address, and telephone number from the juvenile and send the CVN to the Code Unit for processing. E. CVNs written for violations of Section 10-710 (Illegal Dumping) will be marked “FILED” and both copies of the CVN will be forwarded to the Code Unit describing the circumstances. These cases are filed with Municipal Court. Do not present a copy of the CVN to the violator. The Code Unit, 913 Filbert St, will be responsible for notifications.

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F. If the violation and corresponding fine is not shown on the CVN, the issuing officer will use block 17 and note the pertinent city ordinance, cross out the fine marked $100.00 just above the block and write in the correct fine. The issuing officer will include on the top line of the comment section the violation observed. ________________________________________________________________________________ 4. ERRORS IN CODE VIOLATIONS NOTICES A. The issuing officer will: 1. If in possession of both copies, print the word “void” across the face of each copy. 2. Issue a new CVN to the violator. 3. Record the number of the new CVN in the space at the top of the CVN written in error. Staple the voided CVN to the new CVN. 4. If not in possession of both copies: a. Circle the violation and on the reverse side of the original copy of the CVN record the correct information. b. Write a new CVN noting that it voids and replaces the previously issued CVN. ________________________________________________________________________________ 5. PROCESSING OF CODE VIOLATION NOTICES A. District Operations Room Supervisors (ORS) will: 1. Examine all CVNs for accuracy, legibility, and completeness. 2. Ensure any missing information is included prior to transmittal. 3. Prepare three (3) copies of Transmittal List (75-385) as follows: a. Record all CVNs, including voided ones in numerical sequence. Note voided CVNs with an asterisk (*). b. Sign all copies of the transmittal list. c. Distribute copies of 75-385 as follows: 1) Original copy - Code Unit, 913 Filbert Street. 2) Second Copy - Neighborhood Services Unit. 3) Third copy - retained in district/unit file.

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________________________________________________________________________________ 6. ENFORCEMENT PROCEDURE FOR NON-DESIGNATED PERSONNEL A. Non-designated sworn personnel will: 1. Prepare a 75-48 when a violation is observed. Note circumstances, violation, ordinance (if known), and other information as listed in Appendix “B”. 2. If the violator is a juvenile include the name, address, and telephone number of their parent/guardian. 3. Submit the 75-48 to the ORS. B. Operations Room Supervisor (ORS) will: 1. Code the 75-48 in accordance with the Philadelphia Police Department Incident Classification Manual. 2. Prepare a CVN based on information from 75-48 (except as noted in paragraph “C” below). 3. Distribute the CVN as noted in Section 5. 4. Distribute 75-48 as follows: White Copy - Reports Control Unit Yellow Copy- Code Unit, 913 Filbert Street Pink Copy- District/Unit file C. If the violation is for sanitation ordinances make a copy of the original 75-48 for the district Sanitation Officer for inspection and necessary action. They will forward a copy of the 75-48 to the Neighborhood Services Unit. 1. If the condition cannot be observed (e. g., public urination) the Sanitation Officer will prepare a CVN based on information from the 75-48 and mail CVN to the violator. D. Police officers observing criminal acts of illegal short dumping or receiving information that would lead to a warrantless arrest, (e.g. a witness or circumstances that justify arrest) will process these arrests in accordance with the procedures set forth in Section 7 of this directive.

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1. Companies who engage in the generation, storage, and transfer of waste material are regulated under 35 Pa. CSA, Section 6018.101 of the Solid Waste Management Act. Police officers receiving information or observing criminal acts involving a business or company will contact the Environmental Response Unit immediately for assistance. ________________________________________________________________________________ 7. SHORT DUMPING ARREST CRITERIA FOR PCC 6501 A. Legislation provides for warrantless arrests based on probable cause that a person has violated 6501-A(3). Probable cause can include recent evidence of a 6501-A(3) violation or any other corroborative evidence (statement of a witness, etc.). This legislation also provides for the seizure of any vehicle used by violators on a second or subsequent misdemeanor level offense of short dumping. Charge First Offense 2ND or Subsequent Offense 6501-A (1) or (2) Summary Misdemeanor 3rd degree 6501 –A (3) Misdemeanor 2nd Degree Misdemeanor 1st degree and Seizure of Vehicle Used B. Legislation 1. PCC 6501-A(1) states: A person is guilty of an offense if they cause any waste paper, sweepings, ashes, household waste, glass, metal, refuse or rubbish, or any dangerous or detrimental substance to be deposited into or upon any road, street, highway, alley or railroad right-of-way, or upon the land of another or into the waters of the Commonwealth. 2. PCC 6501-A(2) states: A person is guilty of an offense if they interfere with, scatters, or disturbs the contents of any receptacle containing ashes, garbage, household waste, or rubbish. 3. PCC 6501-A(3) states: A person is guilty of an offense if as the operator, owner, or agent of either a trash, garbage or debris-collection vehicle, knowingly causes to be deposited or deposits the vehicle’s load or any part thereof upon any road, street, highway, alley or railroad right-of-way, or upon the land of another or into the waters of the Commonwealth. 4. PCC 6501-A(3) applies to vehicles such as any trash or dump truck, ordinary pick-up truck, private automobile, or any other type of vehicle used to collect or transport trash, garbage or debris. C. Procedure

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1. Vehicles seized will be transported to the Auto Pound and a property receipt (75-3) will be issued and marked “Vehicle Seized for 2nd Offense PCC 6501-A (3).” 2. Police personnel observing such vehicles illegally depositing trash, garbage, debris or observing recent evidence of a 6501-A (3) violation or other corroborative evidence of illegal dumping will immediately place the operator under arrest, charging them under the appropriate level of PCC 6501-A (3). Police personnel will arrest any passenger(s) when there is probable cause to believe a passenger has committed an offense. When passenger(s) are arrested along with the operator, the charge of Conspiracy PCC 903 will be added. 3. In order to comply with 18 Pa. C.S. 9112, “Mandatory Fingerprinting,” which mandates fingerprinting for all summary offenses that become misdemeanors on the second arrest after conviction of summary offense, all arrests made under PCC 6501, summary or misdemeanor, will be processed by the detective division of occurrence. Operations Room Supervisors will ensure that persons arrested will be processed in the same manner as retail theft offenders. When it is determined that the offender is will be charged with a misdemeanor offense, follow normal arrest procedures as outlined in Directive 5.14, “Investigation and Charging Procedure.” 4. The Neighborhood Services Unit will be notified by computer message of all short dumping arrests. The Neighborhood Services Unit will contact the appropriate agency regarding the cleanup of the illegal dump site. ________________________________________________________________________________ 8. NOISE COMPLAINTS A. Noise is harmful and detrimental to the health, welfare, and safety of the citizens of Philadelphia. Noise interferes with the comfortable enjoyment of life, property and recreation and with the conduct and operation of business and industry. B. Definitions 1. The following definitions shall apply to this Memorandum: a. Noise: The presence of a sound or sounds of such intensity, duration, frequency or character which annoy, disturb, or cause or tend to cause adverse psychological and physiological effects on persons; in excess of standards promulgated by the Board of Health. b. Person: Any individual, natural person, syndicate, association, partnership, firm, corporation, institution, agency, authority, department bureau or instrumentality of federal, state or local government or other entity recognized by law as a subject of rights and duties.

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c. Center City Commercial District: The area of the city from Vine Street to South Street between the Schuylkill and Delaware Rivers. d. Residential Districts: All residential areas within the City of Philadelphia. e. Neighborhood Commercial District: The area of the City other than those encompassed within the Center City Commercial District where commercial activity is permitted. f. Sound Level: The weighted sound pressure level obtained by a sound level meter and frequency weighting network such as A, B, or C as specified in American National Standards Institute specifications. g. Background Sound Level: the measured sound level in the area without the sound contribution of the specific source in question. h. Decibel (dB): A unit for measuring the volume of sound equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure which is 20 micropascals. i. Sound Meter Trained Officer (SMTO): The officer formally trained in the district/unit to operate the noise meters and issue Code Violation Notices (CVN) relating thereto. j. Chronic Noise Complaint Location: A location where the Philadelphia Police Department or the Health Department have responded more than once to a Loud Noise or Music complaint. C. Prohibited Conduct 1. Philadelphia City Ordinance Code §10-404: a. No person shall discharge or allow the escape of sounds of a nature: b. which are prohibited by or are in excess of that permitted by City Ordinance or Regulation, or c. which result in or cause noise; d. which tend to cause discomfort, disruption or annoyance to observers and participants during parades or other public events within the City.

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2. No person, excluding the operator of a motor vehicle while such vehicle is being driven, shall operate a radio, tape player, or similar device, unless used in connection with an earplug or earphone which will prevent the emanation of noise, or unless such radio, tape player, or similar device is used in connection with the holding of a public assembly for which a permit or license has been issued by the City in any public area of the City during the times prescribed below: a. Center City Commercial District and Neighborhood Commercial Districts between the hours of 7:00 A.M. and 7:00 P.M. b. Residential Districts between the hours of 9:00 P.M. and 8:00 A.M. 3. No person shall operate a radio, tape player or similar device, in any public place within the City of Philadelphia which produces sound audible at a distance greater than one hundred (100) feet from the location of such radio, tape player or similar device unless such radio, tape player or similar device is used in connection with the holding of a public assembly for which a permit or license has been issued by the City. 4. No person shall operate a radio, tape player, or similar device, unless used in connection with an earplug or earphones which will prevent the emanation of noise, or unless such radio, tape player, or similar device is used in connection with the holding of a public assembly for which a permit or license has been issued by the City, in any public area of the Center City Commercial District, Neighborhood Commercial Districts, or Residential District at a sound level which exceeds the decibel limits enumerated below: a. Center City Commercial District and Neighborhood Commercial Districts, five (5) decibels above background level at the location of such radio, tape player or device; b. Residential Districts, three (3) decibels above background level at the location of such radio, tape player, or similar device; D. Philadelphia City Ordinance Code §12-1126 1. No person, while driving, parked or in control of any vehicle, shall operate a radio, tape player or any other type of sound reproduction device, in any area of the City at a sound level which produces a sound audible at a distance of greater than twenty-five (25) feet from the location from the location of such radio, tape player, or other sound reproduction device, unless such device is being used in connection with the holding of a public assembly for which a permit or license has been issued. E. Chronic Noise Complaints 1. Initial Responding Patrol Officers:

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a. When responding to a chronic noise complaint location, the officer will first attempt to abate the nuisance through mediation and, if possible, will obtain the name of the owners and or occupants for future action if necessary. A Complaint or Incident Report (75-48) shall be completed with all the pertinent information. b. If the owners and/or occupants refuse to abate the nuisance or ignore the officer, will prepare a Complaint or Incident Report (75-48) containing all the facts and circumstances, including any witnesses. The officer will attempt to identify the owners and or occupants through mailboxes, neighbors, witnesses, etc. This information, if available, will also be included on the 75-48. NOTE: The initial responding officer should not take any further enforcement action at this time. Aggressively knocking, pounding on the door or threatening an arrest most often leads to property damage, injuries, complaints against police, and lawsuits. The purpose of this policy is to alleviate these types of problems. c. A patrol supervisor will be advised of the situation by the officer either through Police Radio or the Mobile Data Computer (MDC). 2. Patrol Supervisors: a. Will review all chronic complaints, which could not be mediated by the initial responding officer, and determine whether to immediately assign a Sound Meter Trained Officer to the location, taking into consideration the number of assignments pending and officer safety. b. Shall have the discretion to proactively assign Sound Meter Trained Officers to Chronic Noise Complaint Locations where violations can be anticipated based on the history of the location or the number of complaints received. 3. Sound Meter Trained Officer: a. If approved by the patrol supervisor they will retrieve the sound meter and report to the location of the chronic noise complaint along with a backup unit or supervisor. b. Will take the necessary readings and issue or file a Code Violation Notice (CVN), if warranted, to the owners or occupants of the location in accordance with this directive. c. Will complete a Complaint or Incident Report (75-48) with the facts and circumstances and any actions taken. The original DC# will be used for this

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75-48 and will be considered page 2 of the original report. d. Will make two (2) copies of all reports and citations issued. One copy will be submitted to the Commanding Officer and the second will be retained for the officer’s personal records. 4. Commanding Officer: a. Will retain a copy of the noise reports and citations for a period of one (1) year. b. Shall have the discretion to proactively assign Sound Meter Trained Officers to Chronic Noise Complaint Locations where violations can be anticipated based on the history of the location or the number of complaints received. F. Loud Music from Vehicles: 1. If probable cause exists that a person, while driving, parked or in control of any vehicle is in violation of Philadelphia City Ordinance Code §12-1126, officers may issue a Traffic Citation in accordance with Directive 3.2, “Vehicle Laws of Pennsylvania Violations”. _______________________________________________________________________________ 9. ENFORCEMENT OF PHILADELPHIA ORDINANCE, SECTION 10-611, “SIDEWALK BEHAVIOR" A. Sworn personnel are authorized to enforce all provisions set forth in Title 10 of the Philadelphia Code of City Ordinances, Section 10-611, entitled "Sidewalk Behavior,” a civil violation. This ordinance prohibits various forms of inappropriate public behavior (i. e., certain types of panhandling, obstruction of public sidewalks and highways, aggressive solicitation). This ordinance enables police officers to identify violators, administer proper warnings prior to citation, and provide violators access to appropriate social services prior to citation. Upon the exhaustion of these measures, the officer is permitted to initiate a civil proceeding against the violator in the form of a Code Violation Notice (CVN). B. The prescribed procedures will be strictly adhered to when encountering a violator and performed with full cooperation and consideration given to social service providers. Under no circumstances will the provisions of this ordinance supersede any other Philadelphia City Ordinance or any statute of the Pennsylvania Crimes Code. However, this ordinance may be used to supplement existing laws. C. Police officers are reminded that under no circumstances does this ordinance relieve law enforcement from their fundamental duty of providing emergency assistance to those found in immediate or imminent physical danger(i. e. children, homeless

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families, elderly, handicapped, etc). This includes, but not limited to, the policies and procedures found in the following Philadelphia Police Department Directives: Directive 5.14 Investigation and Charging Procedure Directive 12.10 Issuance of Non-Traffic Summary Offenses Directive 3.14 Hospital Cases Directive 5.5 Juveniles in Police Custody Directive 5.19 Homeless and Unidentified Persons Directive 5.6 Intoxicated Persons in Police Custody Directive 10.9 Severely Mentally Disabled Persons D. Violators can be arrested under the guidelines of this ordinance only when an officer observes the violation being committed and: 1. The identity of the violator must be ascertained so a CVN can be issued, or 2. Circumstances present a danger to the safety of police officers, the violator, or the public, (i.e., hostile crowd is present) or 3. Based upon the totality of the circumstances, the officer determines that an arrest is necessary for effective enforcement of this ordinance to abate a continuing violation. NOTE: Under the guidelines of sub-sections (2)(g) relating to lying on the sidewalk, (2)(h) relating to sitting on the sidewalk, (2)(1) relating to unreasonable obstructions on the sidewalk, (2)(m) relating to unattended belongings on the sidewalk, and all sub-sections contained in (4) relating to solicitation (panhandling), a violator can be arrested only after an Outreach Team responds to the scene and residential facility placement is readily available. If for any reason an Outreach Team does not respond and/or facility placement is unavailable, all enforcement procedures will stop. E. When a violator is arrested, they will be taken to the divisional headquarters. If verification of the violator's identity is required, utilize the Live Scan fingerprinting system and check for warrants. If the violator is wanted, process as any other defendant. If no warrant exists, issue a CVN and then release the violator. F. No police officer shall compel any person in violation of this ordinance to reveal any confidential information concerning treatment or mental health status. G. The Police Department will utilize CVNs to cite individuals for violations of this ordinance. CVNs will be issued by police personnel who perform patrol duties. H. Each instance in which this ordinance is violated by the same person constitutes a separate violation. If the violation is repeatedly committed on the same day after an arrest has been made or a CVN has been issued, the officer must re-initiate any required

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warnings and the response of an Outreach Team. I. City Ordinance Sub-Section Specifications 1. Section 10-611 is divided into two (2) subsections. This division is due to specific enforcement boundaries. The following subsections will be enforced citywide: Sub-section Fine Title (2)(a) $20.00 relating to parking a motorized vehicle on the sidewalk (2)(b) $300.00 relating to gambling on the sidewalk (2)(f) $300.00 relating to the unlicensed sale of goods/services on the sidewalk (2)(j) $300.00 relating to displaying for sale objectionable material (2)(1) $20.00 relating to unreasonable obstructions on the sidewalk (5)(a) $300.00 relating to honor boxes on the sidewalk without a permit (5)(b) $300.00 relating to littering on the sidewalk (5)(c) $300.00 relating to excessive noise on the sidewalk (6)(a) $300.00 relating to owner and the occupier of any private property keeping the abutting sidewalk free of any litter, snow, or other obstructions (6)(b) $300.00 relating to owner of any private property keeping the abutting public sidewalk in good repair, at the owner's expense (6)(c) $100.00 relating to the owner of any business, a substantial portion of which business's revenues derive from take- out food or beverage, shall place, maintain and keep clean private trash receptacles on the public sidewalk at all public entrances to such business 2. The following subsections will be enforced only in designated zones (see B-2 below): Sub-section Fine Title (2)(c) $20.00 relating to riding a bicycle on the sidewalk (2)(d) $20.00 relating to riding a scooter, roller skates or skateboard on the sidewalk (2)(e) $300.00 relating to loading/unloading a commercial vehicle on the sidewalk (2)(g) $20.00 relating to lying on the sidewalk (2)(h) $20.00 relating to sitting on the sidewalk (2)(k) $300.00 relating to unlicensed placement of any bench, planter, fixture, or street furniture on the sidewalk

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(2)(m) $20.00 relating to unattended belongings on the sidewalk (2)(n) $300.00 relating to unrestrained animals on the sidewalk (4)(a) $100.00 relating to aggressive solicitation (panhandling) (4)(b) $100.00 relating to solicitation (panhandling) within 8 feet of any building or vendor (4)(c) $100.00 relating to solicitation (panhandling) within 20 feet of any bank or ATM (automatic teller machine) 3. Exceptions: a) Subsections (2)(c) and (2)(d) shall not apply to any person under the age of 12; nor shall it apply to any person on in-line skates who is conducting patrol under a Town Watch program coordinated with the Police Department; participating in an International Inline Skating Association sanctioned event; or skating in a controlled manner on the public sidewalk so as to fit in with the flow of pedestrians. b) Subsections (2)(g) and (2)(h) shall not apply to any person lying or sitting due to a medical emergency. Sub-section (2)(h) shall also not apply to anyone requiring the use of a wheelchair or similar device; anyone patronizing or operating a properly licensed business on the sidewalk; anyone participating or attending a properly licensed parade, procession, or other assemblage under City Ordinance Section 12-1109; anyone sitting on a chair or bench supplied by a public agency for a period not to exceed six (6) hours in a 24-hour period; anyone sitting on a chair supplied by the abutting property owner; anyone sitting within a transit stop, waiting for public or private transportation. c) Other city ordinances currently exist that are enforceable throughout the city (including the designated enforcement zones) which closely relate to certain subsections listed above. Officers may use those other ordinance codes contained within the Philadelphia Code of City Ordinances when enforcing similar violations. 4. The following are the designated enforcement zones for the subsections listed in Section 3-B: a) The area bounded by the Schuylkill River to the west side of Broad Street, north side of Vine Street to the south side of Lombard Street. b) Broad Street on the south side of City Hall to the Philadelphia Naval Business Center. c) South Street, between Broad Street and the Schuylkill River. d) Washington Avenue, between Broad Street and Grays Ferry Avenue. e) Grays Ferry Avenue, between Washington Avenue and 49th Street.

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f) The area bounded by the Schuylkill River on the East running West on Spring Garden Street to 40th Street, then South to Market Street, then West to 52nd Street, then South to Woodland Avenue, then East to University Avenue, then South to the Schuylkill River. g) Woodland Avenue, between 58th Street and 74th Street. h) Passyunk Avenue, between Broad Street and 63rd Street. i) Essington Avenue, between 63rd Street and the Bartram Avenue Airport District. j) The area bounded by Councilmanic District 1 (see Addendum 1) k) The area bounded by Councilmanic District 6 (see Addendum 1) J. Ordinance Enforcement Guidelines 1. ENFORCEMENT OF SUBSECTIONS: (2)(g) relating to lying on the sidewalk (2)(h) relating to sitting on the sidewalk (2)(l) relating to unreasonable obstructions on the sidewalk (2)(m) relating to unattended belongings on the sidewalk (4)(b) relating to solicitation (panhandling) within 8 feet of any building or vendor (4)(c) relating to solicitation (panhandling) within 20 feet of any bank or ATM (automatic teller machine) 2. The responding officer will: a) Ascertain if medical attention is needed. If so, follow the guidelines in Directive 3.14, “Hospital Cases”. If not, give the violator a verbal warning to cease in their violation of this ordinance and to relocate. b) If the violator does not relocate, issue a Code Enforcement Warning Card (75-95). c) If the violator does not comply with the written warning, request via Police Radio the assistance of an Outreach Team. Police Radio will contact the Outreach Coordination Center and ascertain an estimated time of arrival. When an Outreach Team is unavailable, enforcement procedures will cease. d) Await the arrival of the Outreach Team for a reasonable period of time, taking into consideration other factors such as severity of the violation, other demand for police services, etc. The officer will notify Police Radio if they leave the

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violator's location prior to the arrival of the Outreach Team. Every effort should be made to return to the violator's location to meet the Outreach Team. e) Upon their arrival, permit the Outreach Team to evaluate the violator and make reasonable efforts to provide social services. When social services are accepted by the violator, the Outreach Team may transport the violator to a residential facility and/or provide counseling services at the scene when a facility is not available. When appropriate residential facility services are unavailable, enforcement procedures will cease. f) When the violator is deemed a candidate for a Mental Health Section 302 commitment by the officer, follow procedures outlined in Directive 10.9, Section 4-A. When the violator is considered a candidate for a 302 commitment by a Mental Health Delegate (either by phone or at the scene), follow procedures outlined in Directive 10.9, Section 4-A and document the name, title, and telephone number of the Mental Health Delegate on the Complaint or Incident Report (75-48). g) Determine whether or not to issue a CVN to the violator. NOTE: A CVN will only be issued when an Outreach Team responds. In addition, the decision to issue a CVN, make an arrest or otherwise elect to take no immediate action is strictly a police matter and should be based on the totality of the circumstances. h) Upon final outcome, prepare a 75-48. The 75-48 will be coded 2605, Violation of City Ordinances. 3. Enforcement of Subsection (4)(a) relating to Aggressive Solicitation (Panhandling) a. The responding officer will: 1) Ascertain if medical attention is needed. If so, follow the guidelines in Directive 3.14, “Hospital Cases.” If not, immediately request via Police Radio the assistance of an Outreach Team. Police Radio will contact the Outreach Coordination Center and ascertain an estimated time of arrival. When an Outreach Team is unavailable, enforcement procedures will cease. 2) Await the arrival of the Outreach Team for a reasonable period of time, taking into consideration other factors such as severity of the violation, other demand for police services, etc. The officer will notify Police Radio if they leave the violator's location prior to the arrival of the Outreach Team. Every effort should be made to return to the violator's location to meet the Outreach Team. 3) Upon their arrival, permit the Outreach Team to evaluate the violator and make reasonable efforts to provide social services. When social services are

DIRECTIVE 3.6 - 16

accepted by the violator, the Outreach Team may transport the violator to a residential facility and/or provide counseling services at the scene when a facility is not available. When appropriate residential facility services are unavailable, enforcement procedures will cease. 4) When the violator is deemed a candidate for a Mental Health Section 302 commitment by the officer, follow procedures outlined in Directive 10.9, Section 4-A. When the violator is considered a candidate for a 302 commitment by a Mental Health Delegate (either by phone or at the scene), follow procedures outlined in Directive 10.9, Section 4-A and document the name, title, and telephone number of the Mental Health Delegate on the 75-48. 5) Determine whether or not to issue a CVN to the violator. NOTE: A CVN will only be issued when an Outreach Team responds. In addition, the decision to issue a CVN, make an arrest or otherwise elect to take no immediate action is strictly a police matter and should be based on the totality of the circumstances. 6) Upon final outcome, prepare a 75-48. The 75-48 will be coded 2605, Violation of Ordinances. 4. Enforcement of subsections: (2)(a) relating to parking a motorized vehicle on the sidewalk (2)(b) relating to gambling on the sidewalk (2)(c) relating to riding a bicycle on the sidewalk (2)(d) relating to riding a scooter, roller skates or skateboard on the sidewalk (2)(e) relating to loading/unloading a commercial vehicle on the sidewalk (2)(f) relating to the unlicensed sale of goods/services on the sidewalk (2)(i) relating to solicitation of funds on the highway (non-aggressive panhandling) (2)(j) relating to displaying for sale objectionable material (2)(k) relating to unlicensed placement of any bench, planter, fixture, or street furniture on the sidewalk (2)(n) relating to unrestrained animals on the sidewalk (5)(a) relating to honor boxes on the sidewalk without a permit relating to (5)(b) littering on the sidewalk (5)(c) relating to excessive noise on the sidewalk (6)(a) relating to owner and the occupier of any private property keeping the abutting sidewalk free of any litter, snow, or other obstructions (6)(b) relating to owner of any private property keeping the abutting public sidewalk in good repair, at the owner's expense (6)(c) relating to the owner of any business, a substantial portion of which

DIRECTIVE 3.6 - 17

business's revenues derive from take-out food or beverage, shall place, maintain and keep clean private trash receptacles on the public sidewalk at all public entrances to such business 5. The responding officer will: a. issue a CVN to the violator. 6. The Operations Room Supervisor (ORS) will: a. Ensure that all 75-48s submitted for enforcement of this ordinance are accurately and properly completed b. Ensure that CVN processing procedures are followed as outlined in Section 5. K. Disorderly Conduct (18 PA.C.S. §5503) 1. The Ordinance Enforcement Guidelines set forth in Section 4 (A, B, and C) of this Directive shall not prohibit the issuance of a Non-Traffic Summary Citation for Disorderly Conduct (18 PA.C.S. §5503). 2. Any citations issued for Disorderly Conduct (18 PA.C.S. §5503) shall conform to the procedures set forth in Directive 12.10, “Issuance of Non-Traffic Summary Citations.” 3. The intent of the Sidewalk Behavior Ordinance is to prohibit various forms of inappropriate public behavior while providing violators, who are most often, homeless and/or experiencing behavioral or emotional distress access to appropriate social services prior to issuance of a CVN notice. a. Although these individuals may be cited for Disorderly Conduct by law, this action may not be in the best interest of law enforcement, the courts or the individual. Thus, prior to the issuance of any citation for Disorderly Conduct to any individual that appears to be homeless and/or experiencing behavioral or emotional distress, officers shall utilize all resources to de- escalate and otherwise resolve the incident. This includes, but not limited to, summoning the assistance of specially trained Crisis Response Team (CIT) Officers. Available CIT officers may be dispatched from any PSA within the District or any adjacent district. L. Preparation of Complaint or Incident Report (75-48) 1. The responding officer will: a. Prepare a 75-48 and will include the following information, regardless of what

DIRECTIVE 3.6 - 18

level of police action was taken: 1) Complainant information (observing officer or individual notifying police of the violation) 2) Location of offense 3) Type of offense that constituted a violation of this ordinance 4) Detail what action was taken by police. (e.g., verbal warning, written warning, Outreach Team contacted, CVN issued) 5) Outreach Team information for personnel that responded to the scene. 6) CVN Number 7) Offender information a) If identification is not available, provide a detailed description of the offender. RELATED PROCEDURES: Directive 3.6, Code Violation Notices Directive 3.14, Hospital Cases Directive 5.6, Intoxicated Persons in Police Custody Directive 5.19, Homeless and Unidentified Persons Directive 10.9, Severely Mentally Disabled Persons Directive 12.8, Vehicle or Pedestrian Investigations Directive 12.10, Issuance of Non-Traffic Summary Offenses ________________________________________________________________________________

BY COMMAND OF THE POLICE COMMISSIONER ________________________________________________________________________________ FOOTNOTE GENERAL# DATE SENT REMARKS *1 8242 01-23-01 Change 06-10-04 Add Appdx “D” 10-14-11 Add Appdx “E” *2 9267 12-08-11 Change

DIRECTIVE 3.6 - 19


APPENDIX “A”

SUBJECT: CITY ORDINANCE VIOLATIONS ________________________________________________________________________________ City Ordinance Section Description of Ordinance PM 302.3 High Weeds PM 303.3 Disposal of Waste Matter 09-402(2)(a) Failure to Obtain Required License 09-402(3)(A) Failure to Maintain Liability and Workers’ Compensation Insurance 09-402(3)(b) Failure to Comply with Health Department Regulations 09-402(3)(c) Failure to Obtain or Carry Carriage Driver Certification 09-402(3)(d)(.1) Failure to Number Carriages 09-402(3)(d)(.2) Failure to Display License Plate 09-402(3)(f) Failure to Operate on Approved Routes or During Approved Times 09-402(3)(f)(.1) Failure to Obtain Permit to Leave Established Routes for Special Events 09-402(3)(g) Parking at Non-Designated Location 09-402(3)(h) Leaving Carriage Unattended 09-402(3)(j) Failure to Control Carriage 09-402(3)(k) Soliciting Business on Walnut Street Picking up or Discharging Passengers on Walnut Street Soliciting Business in a Manner so that it can be Heard Beyond 15 Feet from Carriage

Issued Date: 08-25-98 Effective Date: 08-25-98 Updated Date:

DIRECTIVE 3.6 - 1 APPENDIX “A”

09-0402(3)(l) Failure to Maintain Carriage Stand Area in a Clean Manner City Ordinance Section Description of Ordinance 09-604(4)(5) & (6) Hauler not Licensed 09-604(7)(a)(1) Lid Not Metal Lid Not Secure Dumpster Leaking 09-604(7)(a)(2) Dumpster Not Marked with Hauler’s Information 09-604(7)(a)(3) Dumpster Not Painted, in Need of Repair; in Need of Cleaning; Cleaning at Unauthorized Location 09-604(7)(a)(4) Ledger Not Maintained or Incomplete 09-604(8)(d) Dumpster Not at Licensed Location 09-620(1)(a) Tobacco Sale to Minors 09-620(1)(b)(1) Tobacco Sale Without Requiring ID 09-620(1)(d) No Tobacco Warning Sign 09-620(1)(d)(3) Improper Warning Sign 09-620(2) Out of Package Sales 09-620(3)(a) Tobacco Products Stored Improperly 09-620(3)(a)(1) Improper Products Display 10-103(1) No City Dog License 10-103(4) No Rabies Vaccination 10-103(5) Rabies Tag Not Available 10-103(8) Exceptional Number of Dogs/Cats 10-104 Dog Not on Leash 10-105 Violator Lets Dog Defecate on Others’ Property 10-106(1) Prohibited Species of Animal Kept


City Ordinance Section Description of Ordinance 10-106(2) Prohibited Species of Animal for Sale 10-108(2) Horse Worked in Unsafe Conditions 10-108(2)(b) Horse Worked at Temperature Over 94 Degrees F. 10-108(4) Horse Illegally Worked 10-109 Dog/Cat Not Neutered 10-110 Feeding Pigeons on City Sidewalks and Public Places 10-112 Keeping Pigs within City 10-110 Feeding Pigeons on City Sidewalks and Public Places 10-111 Killing Birds 10-400(B) Collection Creating Noise in Residential Areas Prohibited between 9:00 p.m. and 7:00 a.m. Without Prior Written Approval 10-602(A) Smoking Prohibited on Public Transport 10-602(B) Smoking Prohibited in Indoor Place of Public Assemblage Having Capacity in Excess of 100 Persons 10-602(C) Retail Store (Smoking Prohibited) 10-602(D) Smoking Prohibited Where “No Smoking” Signs are Posted by Order of the Fire Department 10-604(2)(a) Drinking on City Property 10-604(2)(b) Drinking on Private Property 10-605 Food/Beverage on Vehicles of Public Transportation 10-609(2) Public Urination or Defecation 10-610 Skateboarding on the Municipal Services Building Plaza and Sidewalks


City Ordinance Section Description of Ordinance 10-702 Littering In Public Places 10-703 Placement of Litter in Receptacles 10-704(1) Sidewalk Not Litter Free 10-704(2) Business Trash Receptacle Not Supplied 10-705 Litter Swept into Gutter 10-706 Litter Thrown from Vehicles 10-707 Trucks Losing Dirt or Dragging Dirt into Street 10-708 Litter in Parks 10-709 Litter Dumped into Rivers or Streams 10-710 Illegal Dumping (See also Appendix “C”) 10-712 Dropping Litter from Aircraft 10-713 Dumping Trash or Debris on Private Property (See also Appendix “C”) 10-714(1) Private Premises Not Litter Free 10-714(2) Private Receptacles Not Litter Free 10-715 Dumping on Vacant Lots (See also Appendix “C’) 10-717(1)(a) Trash Set Out Early 10-717(1)(b) Excessive Weight or Volume 10-717(1)(c) Improper Container 10-717(1)(d) Failure to Arrange Private Collection (Apartment Complexes with More Than Six Units) 10-717(4) Trash Not Securely Bundled


City Ordinance Section Description of Ordinance 10-720 Failure to Clear Snow 10-722(1)(a) Dumpster Serviced by Non-licensed Hauler 10-722(1)(b) Dumpster Not Licensed 10-722(1)(b)(i) License/Sticker Not Displayed for Public Right of Way Dumpster 10-722(1)(c) Dumpster on Private Property Not Enclosed or Visible from Footway 10-722(1)(e) Non-Grindable Garbage Not Properly Bagged 10-722(1)(f) Dumpster Not Emptied Frequently Enough 10-722(1)(g) Dumpster Lid Not Closed 10-722(1)(h) Dumpster Not Marked with User Information 10-723(2) Failure to Obtain License 10-723(2)(b) Failure to Update License Info. Within 5 Days 10-723.1(1) Failure to Clean Distribution Site 10-723.1(2) Failure to Supply Distributor Information to Enforcement Officer 10-723.2 Commercial Handbill Distribution (Prohibited Conduct) 10-723.2(1)(a) Supplying False Information on License Application 10-723.2(2)(a) Scattering Handbills 10-723.2(2)(b) Improper Distribution of Handbills 10-723.2(2)(c) Handbills on Vehicles 10-801 Abandoned Refrigerator (Must have Doors Detached) 10-1402 Tailgating at Sports Complexes 10-1603(1) Disorderly Conduct


City Ordinance Section Description of Ordinance 10-1603(2) Failure to Disperse 10-1603(3) Public Drunkenness 15-202102 Curfew Violation 15-202103 Permit Violation 15-202104 Alcoholic Beverage Violation 15-202105 Vending Violation 15-202106 Metal Detector Violation 15-202107 Fire Violation 15-202108 Hunting Violation 15-202201 Vet Memorial Violation 15-202302 Game Conduct Violation 15-202304 Recreation Use Violation 15-202306 Hockey Violation 15-202307 Ice Skating Violation 15-202308 Jogging Violation 15-202309 Model Airplane Violation 15-202310 Ski, Skate, Sled Violation 15-202311 Swimming Violation 15-202312 Tennis Violation 15-202313 Bicycle Violation 15-202314 Golf Course Violation


15-202315 Horse Violation City Ordinance Section Description of Ordinance 15-202316 Park Trail Violation 15-202401 Street Tree Violation 15-202402 Sign Violation 15-202501 Park Trolley Violation ________________________________________________________________________________

BY COMMAND OF THE POLICE COMMISSIONER ________________________________________________________________________________



APPENDIX “B”

SUBJECT: CODE VIOLATION NOTICE (CVN) PREPARATION INSTRUCTIONS ______________________________________________________________________________ 1. PROCEDURE A. The following is a block-by-block description for the proper preparation of the Code Violation Notice (CVN). When preparing a CVN, the officer will print all required information in the spaces provided using a ballpoint pen, using sufficient pressure to ensure legibility on all copies. After completing the CVN, check all copies for legibility and completeness. BLOCK 1 DATE Enter the month, day and year the violation occurred. Must be six digits. (Example: 01/08/91) BLOCK 2 TIME Enter the time the violation occurred. Circle AM or PM for the appropriate AM/PM designation. (Example: 9:30 AM/9:00 PM) BLOCK 3 NAME OF VIOLATOR Enter the full name of the violator (Last name, first name, middle initial.) BLOCK 4 ADDRESS OF VIOLATOR Enter the current address of the violator. BLOCK 5 CITY-STATE-ZIP CODE Enter the city, state, and correct ZIP code. BLOCK 6 VIOLATION STREET CODE Leave blank.


DIRECTIVE 3.6 - 1 APPENDIX “B”

BLOCK 7 LOCATION OF VIOLATION Enter the exact location of the violation. House number, direction indicated, and street name. (Example: 158 W. Chelten, or if at intersection, s. e. corner Greene and Chelten) NOTE: Use N, S, E, W for direction. BLOCK 8 DESIGNATION Enter the appropriate designation abbreviation from the designation abbreviations listed on the reverse side of the cover book. EXAMPLES: AVE for Avenue BLV for Boulevard PLZ for Plaza ST for Street BLOCK 9 PROPERTY OWNER STREET CODE Leave blank. * BLOCK 10 PROPERTY OWNER BLOCK 11 ALWAYS LEAVE BLANK * BLOCK 12 PROPERTY OWNER ADDRESS * BLOCK 13 CITY-STATE-ZIP CODE NOTE: BLOCKS 10, 12, AND 13 SHALL BE LEFT BLANK UNLESS THE PARENTS/GUARDIAN ARE BEING HELD RESPONSIBLE FOR THE ACTIONS OF A JUVENILE UNDER TITLE 10 (REGULATION OF INDIVIDUAL CONDUCT AND BEHAVIOR), SECTIONS 500, 600, OR 700. IN THAT CASE, PLACE THE PARENTS/GUARDIAN INFORMATION IN THESE BLOCKS BLOCK 14 PHILADELPHIA ORDINANCE CODE VIOLATION Place an “X” in the block designating the appropriate violation. When an “X” is placed in the “Other” block, write the appropriate City Ordinance Code in the space provided. A short description of the violation is to be written in Block 16 under “Comments”.


BLOCK 15 10-710 - ILLEGAL DUMPING Philadelphia Ordinance Code Violation 10-710 is to be issued when short dumping does not meet the short dumping arrest criteria for Pennsylvania Crimes Code 6501 (Appendix C). Both copies of CVN will be forwarded to the Code Unit per Section 3-C. BLOCK 16 COMMENTS Enter a brief description of the violation as complete as possible. If more space is needed, continue on the reverse side of the CVN in the space provided. EXAMPLES: (1) Trash out on Sunday, collection day is Wednesday. (2) Dumped five (5) bags of trash on street, found name and address in trash. (3) Violator allowed dog to defecate on sidewalk and did not clean up afterwards. Observed by officer. NOTE: If a violation is a sight violation, this should be noted. If this violation is not (trash found in street, for example), the officer should note why he reasonably believes that the trash is the violator’s (i.e., U. S. Mail, bank statements, utility bills, etc, found in the trash). Also, add whether a previous warning and/or number of previous CVNs have been issued to a violator/location. Cite identification number used, such as driver’s license, school identification, Social Security, etc. BLOCK 17 ISSUING OFFICER The officer completing the CVN will enter their rank and signature. BLOCK 18 BADGE NUMBER The officer completing the CVN will enter their badge number. BLOCK 19 DEPT Enter the Philadelphia Police Department code, which is number “11.” Enter “11” in this block. BLOCK 20 DISTRICT OF VIOLATION Enter the number of the police district where the violation occurred.


BLOCK 21 ISSUED/FILED Place an “X” next to Issued when the CVN is presented to the violator or left at the residence or business of the violator. When the violator’s copy of the CVN is forwarded along with the original copy to the Code Unit, place an “X” next to Filed. DO NOT COMPLETE THE DATE AND OTHER SECTION ON THE SAME LINE. ______________________________________________________________________________

BY COMMAND OF THE POLICE COMMISSIONER ______________________________________________________________________________



APPENDIX “C”

SUBJECT: MAYOR’S EXECUTIVE ORDER FOR NON-TRAFFIC SUMMARY CITATIONS/ CVN ISSUANCE ______________________________________________________________________________ 1. POLICY A. Mayor’s Executive Order No. 8-16 mandates that Philadelphia Police Officers shall utilize the City Code, as opposed to the Pennsylvania Crimes Code, when citing individuals for summary level Disorderly Conduct, Failure to Disperse, Public Drunkenness or Obstructing a Highway or other Public Passage. B. Therefore, any individual observed engaged in summary level Disorderly Conduct, Failure to Disperse, Public Drunkenness or Obstructing a Highway or other Public Passage will be issued a Code Violation Notice and cited with the appropriate section of City Code §10-615(2). C. Under no circumstances will a Non-Traffic Summary Citation Form (03-8) be issued for Pennsylvania Crimes Code §§5502 (Failure to Disperse); 5503 (Disorderly Conduct); 5505 (Public Drunkenness); and 5507 (Obstructing Highways and other Public Passages). D. This policy is limited to summary level violations only and does not prohibit officers from arresting any individual where probable cause exists of a misdemeanor level offense. Any individual arrested for a misdemeanor level offense will be processed through the appropriate detective division. ______________________________________________________________________________ 2. DEFINITIONS A. “Disorderly Conduct” – Conduct which causes public inconvenience, annoyance or alarm or which recklessly creates a risk thereof, where the person engages in such conduct: 1. engages in fighting or threatening, or in violent or tumultuous behavior; 2. makes unreasonable noise; 3. uses obscene language or obscene gesture(s); or 4. creates a hazardous or physically offensive condition by an act which serves no legitimate purpose for that person.


DIRECTIVE 3.6 - 1 APPENDIX “C”

B. “Highway” – The entire width of any street or roadway publicly maintained when any part thereof is open to the public for the purposes of vehicular travel. C. “Obstruct”– To render impassible without unreasonable inconvenience or hazard. D. “Public Place” – Any city sidewalk, park, plaza, recreation center, or any premises open to the general public, such as a theater, stadium, concert hall, or place of business. ______________________________________________________________________________ 3. GENERAL PROCEDURES A. Adults engaged in Disorderly Conduct, Failure to Disperse, Public Drunkenness or Obstructing a Highway or other Public Passage will be issued a Code Violation Notice (CVN) and released. The CVN will be issued on the street, similar to the procedure followed when issuing TVRs. Therefore, officers shall not take the offender into custody and transport to the police district of occurrence for the issuance of the CVN, unless exceptional circumstances exists, such as: 1. The individual/offender is a juvenile; 2. The individual/offender fails to produce identification or the officer reasonably; believes the identification information provided by the offender is false; 3. When there is violence or imminent threat of violence; or 4. When there is likelihood the offender will flee. NOTE: It is the intent of this policy to ensure that individual/offender(s) receive a CVN and are released on the street. Only under exceptional circumstances should the individual/offender be transported to the police district of occurrence. However, if an individual/offender is transported to the police district of occurrence, those exceptional circumstances will be documented on the 75-48 and the CVN. B. If the individual/offender is issued a CVN on the street and continues to engage in the prohibited behavior or after a short period of time returns and continues the behavior, probable cause exists to arrest the individual for the misdemeanor level violations for Pennsylvania Crimes Code §§5502 (Failure to Disperse); 5503 (Disorderly Conduct); or 5507 (Obstructing Highways and other Public Passages). Arrest the offender and process the arrest through the appropriate detective division. DO NOT ISSUE A SECOND CVN. C. If an individual/offender is engaged in prohibited behavior and is warned to cease the behavior but not issued a CVN and the behavior continues, probable cause exists to arrest the individual for the misdemeanor level violations for Pennsylvania Crimes Code §§5502 (Failure to Disperse); 5503 (Disorderly Conduct); or 5507 (Obstructing Highways and other Public Passages). DO NOT ISSUE A CVN, arrest the offender and process the arrest through the appropriate detective division.


D. If probable cause exists that any individual/offender is clearly engaged in any misdemeanor or felony offense, DO NOT ISSUE ANY CVN, arrest the individual and process the arrest through the appropriate detective division. ______________________________________________________________________________ 4. PROCEDURE FOR ISSUANCE OF A CVN TO AN ADULT A. The officer issuing the CVN will ensure: 1. The individual/offender is identified through photo identification or the officer’s personal knowledge of the offender and record the offender’s information on the Complaint or Incident Report (75-48). 2. A check on the individual/offender through NCIC/PCIC is conducted. 3. The CVN and a 75-48 are completed in its entirety with sufficient information (who, what, why, where, when and how) to articulate probable cause for citing the offense. Personnel may utilize the back of the CVN for additional space, if needed. a. One of the following pertinent UCR Codes is entered on the CVN: 1) 2303-Public Drunkenness-Released at Scene 2) 2304-Public Drunkenness- Transported to District 3) 2413- Disorderly Conduct- Released at Scene. 4) 2414- Disorderly Conduct- Transported to District. 5) 2415- Failure to Disperse- Released at Scene. 6) 2416- Failure to Disperse- Transported to District. 7) 2417- Obstructing Public Passage Ways- Released at Scene. 8) 2418- Obstructing Public Passage Ways- Transported to District. b. The DC# for the incident is entered in the “Comments” section of the CVN. c. The CVN is signed by the issuing officer. d. The individual/offender is provided with the “Violator’s” copy of the CVN. NOTE: If the individual/offender refuses to accept the CVN, the refusal will be noted in the “Comments” section of the CVN. Personnel may utilize the back of the CVN for comments. 4. The CVN along with the 75-48 is submitted to the ORS for review.


______________________________________________________________________________ 5. PROCEDURE FOR ISSUANCE OF A CVN TO A JUVENILE A. The officer issuing the CVN will ensure: 1. The juvenile is transported to the district of occurrence and issued a CVN. Officers will follow all existing procedures for handling a juvenile in accordance to Directive 12.10, Appendix “A,” “Juvenile Summary Offenders.” 2. The CVN and the 75-48 is completed in its entirety with sufficient information (who, what, where, why, when and how) to articulate probable cause for citing the offense. Personnel may utilize the back of the CVN for additional space, if needed. 3. That one of the following UCR Codes are entered on the CVN: a. 2304-Public Drunkenness b. 2414- Disorderly Conduct c. 2416- Failure to Disperse d. 2418- Obstructing Public Passage Ways 4. That the DC# for the incident is entered in the “Comments” section of the CVN. 5. The CVN is signed by the issuing officer. ______________________________________________________________________________ 6. OPERATIONS ROOM SUPERVISOR (ORS) RESPONSIBILITIES A. The ORS will: 1. Examine the CVN for accuracy, legibility, and completeness. a. Ensure the DC# of the incident is listed in the “Comments” section of the CVN. 2. Ensure for tracking purposes that the CVN violations issued for the Public Disorder Violations are entered on the Marijuana/Public Disorder Code Violation Notice Transmittal List (75-653). 3. Ensure all information from the 75-48 is entered into the On-Line Incident Transmittal (INCT) using the correct UCR codes according to the violation. NOTE: CVNs issued for City Code Public Disorder violations WILL NOT be entered into the PARS/PIIN system.


4. Prepare three (3) copies of a separate Marijuana/Public Disorder Code Violation Notice Transmittal List (75-653) as follows: a. Record all CVNs, including voided ones in numerical sequence. Note voided CVNs with an asterisk (*). b. Ensure all copies of CVNs are signed. c. Ensure the DC# for the Public Disorder CVNs are inserted on the 75-653. d. Package all CVNs issued for Public Disorder and Marijuana violations separately from all other CVNs. 5. On a daily basis, forward the original copy of the 75-653 transmittal list along with all the CVNs issued for Public Disorder and Marijuana violations to: a. DEPARTMENT OF FINANCE CODE UNIT 714 MARKET STREET SUITE 430 PHILADELPHIA, PA 19106 ATT: CVN COORDINATOR B. Enforcement Procedure for Non-Designated Personnel 1. The procedures outlined in Directive 3.6, “Code Violation Notices” (Section 6) shall be followed by officers who are NOT trained or designated to issue CVNs or who may not have a CVN form available. ______________________________________________________________________________ 7. PROCEDURE FOR VIOLATORS TRANSPORTED TO THE POLICE DISTRICT OF OCCURRENCE A. When the individual/offender is transported, under exceptional circumstances, as listed in Section 3-A of this appendix, to the district of occurrence, the citing officer will prepare and issue the CVN as outlined in this appendix. B. The CVN and the 75-48 are completed in its entirety with sufficient information (who, what, where, when why and how) to articulate probable cause for citing the offense. Personnel may utilize the back of the CVN for additional space, if needed. 1. In the “Nature of Offense” section, officers will ensure they articulate why transportation of the individual/offender to the district was warranted.


C. When the individual/offender is transported to the district of occurrence, the officer shall promptly release the individual/offender from custody when the following conditions have been met: 1. The individual/offender is checked for outstanding warrants through NCIC/PCIC and satisfactorily identified. 2. The individual/offender poses no threat of immediate physical harm to themselves and/or others. NOTE: When Juveniles are transported to the district of occurrence, officers will follow the procedures outlined in Directive 5.5, “Juveniles in Police Custody.” ______________________________________________________________________________ RELATED PROCEDURES: Directive 5.5, Juveniles in Police Custody Directive 12.10, Appendix “A” Juvenile Summary Offenders ______________________________________________________________________________

BY COMMAND OF THE POLICE COMMISSIONER ______________________________________________________________________________


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