Amended Version of Bill #120534 Passed by City Council

On Thursday, December 13th, City Council voted to pass the amended version of bill #120534 sponsored by Councilman Oh in a vote of 12-4 with one member, Councilmember Keeney, abstaining from the vote.  Councilmembers voting against the bill include Blackwell, Bass, Goode and Johnson.  

Franklin's Paine along with other leaders of the Philadelphia skate community were able to negotiate more clarity and less severe fines than were originally presented.  The version of the bill that was passed is significantly better than the original bill, however Philadelphia will now have the highest fine for skateboarding of any city in the nation.  It is important to note that these new fines apply only to marked  "publicly-accessible outdoor artwork or memorial, whether or not publicly-owned,including, but not limited to, public sculpture, and any military, police, firefighter or other national defense or public safety memorial."

What else do you need to know about the legislation?  See below for details:

  • Placards embedded into the sidewalk are excluded from this regulation.
  • Piece of art, monument or memorial must be specifically marked by the city by way of signage in order for the law to be enforced: "No penalty shall be imposed pursuant to subsection (5)(b), or ticket issued pursuant to subsection (6)(e),  for a violation of this subsection, unless notice has been posted at the location of the violation indicating that such activity is prohibited pursuant to The Philadelphia Code."
  • The penalty for getting caught on a marked restricted area is up to $1,000 fine - this is still quite high but lower than the originally proposed fine of $2,000 and up to 90 days in jail. 
  • Intent has been established in the newest version so, for example if your board shoots out and knocks into the base of a sculpture, you should not be held liable.  If needed, we may also make the case that "intent to damage" cannot be established. 
  • Jail time remains in section 10-200 "Ethnic Intimidation and Institutional Vandalism" at up to 30 days in jail on a 3rd offence.  

If you have questions about any specifics of this law, please contact Claire Laver at 215-222-4300 or claire@franklinspaine.com.  Please also let us know if you feel you have been unfairly ticketed under these new regulations and need help in navigating the legislative process.

 

 

 

 

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