PHILADELPHIA HOME RULE CHARTER
CHAPTER 2 COUNCILMANIC PROCEDURE
§2-201. Manner of Introduction, Consideration and Passage of Ordinances.
(1) Every proposed ordinance shall be introduced by bill.
Every ordinance, except annual budget ordinances and general codifications and
revisions of City ordinances, shall contain not more than one subject which
shall be clearly and adequately expressed in its title.
(2) Before a
bill shall be considered by the Council it shall be referred to a committee,
considered at a public hearing, reported by the committee, printed as reported,
and distributed to the members of the Council and made available to the
public.
(3) No bill shall be so altered or amended during its passage as
to change its original purpose. Bills amended shall be printed as amended for
the use of the members of the Council and for the information of the
public.
(4) After its printing, either as reported or as amended, and
its distribution, every bill shall lie over for at least five days before the
final vote is taken.
(5) Notice of public hearings on bills and notice
of bills reported from committee shall be given by advertising in the three
daily newspapers of the City having the largest paid circulation, the title of
the bill, and in the case of a public hearing, the time and place of the
hearing, not less than five days before the public hearing or before the bill
comes up for final consideration, as the case may be. In addition, such other
notice may be given as will bring public hearings or reported bills to the
attention of interested citizens. There need be no advertisement of ordinances
after their passage.
(6) When any bill is on final passage, votes shall
be taken by ayes and nays and the names of the councilmen voting for and against
the bill shall be entered on the journal of proceedings.
(7) No bill
shall become an ordinance unless a majority of all the members of the Council be
recorded as voting in its favor.
ANNOTATION
Sources: Act of June 25, 1919, P.L. 581, Article XVI, Section
6; Constitution of the Commonwealth of Pennsylvania, Article III, Section
3.
Purposes: 1. One of the main purposes sought to be
accomplished is to prevent the hasty consideration and enactment of ordinances
before citizens and the members of Council themselves have had an opportunity to
be heard on the subject matter and to consider the wisdom of the proposed
legislation.
Thus, upon its introduction, a bill must be referred to a
committee, considered at a public hearing, at which citizens may testify,
reported out by the committee, printed as reported, distributed to the members
of the Council and made available to the public. At least five days must elapse
following the reporting out or amending of a bill before a final vote is taken.
Notice by newspaper advertising must be given of public hearings on bills and of
bills reported from committee. Ordinances need not be advertised after their
passage.
2. The one-subject limitation follows the comparable
provision in the Pennsylvania Constitution. Article III, Section 3.
3. No bill can be finally passed without recording the names
of each Councilman who voted for and against it.
4. Advertising is required only of the titles of bills on
which hearings are to be held and which are reported out from committee. This
will give adequate notice of pending legislation since the subject matter of
every proposed ordinance must be clearly and adequately specified in its title.
The Act of 1874 (May 23, P.L. 230, Section 5), requiring the advertising of the
full text of all ordinances enacted, is superseded. This does not prevent the
Council from continuing the practice should the Council deem it still to be
necessary.