[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore 12-3-1990 by Ord. No. 13-90 (Ch.
10, Part 2, of the 1996 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A medical condition wherein a person is physically or psychologically
dependent on a substance controlled under Pennsylvania law.
The Code Enforcement Officer or other person designated by
the Borough of Jersey Shore.
Any person who has been medically diagnosed or self-diagnosed
as suffering from an alcohol or chemical dependency.
A residence in which two or more unrelated persons who are
recovering from alcohol or chemical dependency dwell; and which is
operated so as to promote that recovery.
It shall be unlawful for any person or entity
to operate a sobriety house without first obtaining a license pursuant
to the terms of this chapter.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Application for a license to operate a sobriety
house shall be obtained from the Borough of Jersey Shore Secretary
at the Borough of Jersey Shore building. Each application for a license,
and each application to renew a license, shall be accompanied by a
fee in an amount as established, from time to time, by resolution
of Borough Council, plus an additional fee per bedroom, also in an
amount as established, from time to time, by resolution of the Borough
Council.
The Code Enforcement Officer or other person
designated by the Borough of Jersey Shore shall issue a license or
a renewal license to an applicant for a license to operate a sobriety
house only upon first determining that the proposed sobriety house
is in full compliance with all provisions of this chapter and of the
other ordinances of the Borough of Jersey Shore, laws of the Commonwealth
of Pennsylvania, and of the United States of America. The person or
entity operating the sobriety house shall display the license in a
prominent location on the premises. Upon changing ownership or name
of the sobriety house, the person or entity operating the sobriety
house shall immediately notify the Code Enforcement Officer or other
person designated by the Borough of Jersey Shore. Licenses issued
under this chapter shall not be transferable and shall apply only
to the specific location listed on the license.
Each license shall be issued for a term of one
year, to commence January 1 and to terminate on December 31.
Any person or entity operating an existing sobriety
house shall make application for a license within 30 days after the
effective date of this chapter.
The Code Enforcement Officer or other person
designated by the Borough of Jersey Shore, and his agent, servant,
or designee, shall have the right to the inspect any sobriety house
prior to the issuance of a license, prior to issuance of renewal license,
and at such other times as the said officer shall deem to be appropriate
in order to determine and to verify that such sobriety house fully
complies with all requirements imposed by the ordinances of the Borough
of Jersey Shore, the laws of the Commonwealth of Pennsylvania, and
of the United States of America.
A sobriety house may only be located in a C-2
Zoning District. The structure in which a sobriety house is operated
must at all times meet all requirements of the ordinances of the Borough
of Jersey Shore, the laws of the Commonwealth of Pennsylvania and
of the United States of America, and all standards established by
the Pennsylvania Department of Labor and Industry.
Each applicant must submit to the Code Enforcement
Officer or other person designated by the Borough of Jersey Shore,
at the time of application for a license, written "house rules" for
the residents, which at a minimum must include:
A.
Prohibition of the use of alcohol or controlled substances
by the resident.
B.
Prohibition of the resident being on the premises
in an intoxicated condition or under the influence of controlled substances.
C.
Rules governing behavior, noise and activities that
are designed to promote an environment of tranquility, including but
not limited to restriction of television and music to certain hours
and listing certain types of behavior and activities which are not
permitted.
D.
Requirement that residents comply with the laws of
the Commonwealth of Pennsylvania of Pennsylvania, the laws of the
United States, and the ordinances of the Borough of Jersey Shore both
on or off the premises.
Each applicant must submit to the Code Enforcement
Officer or other person designated by the Borough of Jersey Shore,
at the time of application for a license or renewal of a license,
a written handbook setting forth, at a minimum, the following responsibilities
of the sobriety house:
A.
Procedure for making available to residents the schedules
of meetings of various self-help groups.
B.
Procedure for disseminating to the residents information
of available aid from human service agencies and counseling services.
C.
Designation of a house manager who shall reside on
the premises and shall be physically present on the premises no fewer
than 12 hours per day.
D.
Procedure for facilitating the transfer of medical
history information to the appropriate community medical facility.
E.
Procedure for determining whether residents are on
probation or parole and method by which the proper law enforcement
agencies are advised of the resident's new address.
F.
List of resident's rights, including but not limited
to the resident's right of privacy and designation of locked area
for resident's valuable belongings.
G.
A blank copy of the lease agreement provided to each
resident setting forth the term of the lease along with a list of
actions by the residents which would cause termination of the lease.
H.
Written provisions governing the housecleaning of
the sobriety house ensuring a clean and sanitary environment for the
residents, which shall provide for cleaning on a not less than weekly
basis. Residents may be responsible for cleaning the sobriety house
in consideration of a reduced rental amount.
I.
Written provisions for the transportation of residents
to self-help groups, human services agencies, counseling services,
and medical services.
The Code Enforcement Officer or other person
designated by the Borough of Jersey Shore shall have full authority
to revoke the license of any sobriety house which he finds to have
violated any of the provisions of this chapter, of any other ordinance
of Borough of Jersey Shore, or any laws of the Commonwealth of Pennsylvania
or the United States of America. The operator of any sobriety house
shall have the right, upon receipt of notice of revocation of license,
to appeal the findings of the Code Enforcement Officer or other person
designated by the Borough of Jersey Shore. The appeal shall be heard
by a quorum of the Borough Council of the Borough of Jersey Shore
who shall afford all parties the opportunity to present evidence at
a public hearing and shall affirm or reverse the decision to revoke
the license.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Every day that a violation of this chapter continues shall
constitute a separate offense.
To the extent that any prior ordinances of the Borough of Jersey Shore are inconsistent herewith, the terms of this chapter shall supersede such prior ordinances. It is the express intention of the Borough of Jersey Shore that the terms of this chapter pertaining to the location of sobriety houses shall supersede any terms or provisions of Chapter 300, Zoning, of the Borough of Jersey Shore which could be construed to regulate the location of sobriety houses, and that the terms of this chapter shall control the location of sobriety houses.
