[Ord. 806, 6/11/1986,
§ 301; as amended by Ord. 995, 12/10/2003]
As used in this Part 1A, the following terms shall have the
meanings indicated:
Any person elected or appointed to, or employed or retained
by, any public office or public body of the Borough, whether paid
or unpaid and whether part-time or full-time.
[Ord. 806, 6/11/1986,
§ 302]
The responsibilities of the Borough departments, agencies and
offices shall be as set out and provided for by this Code, other applicable
law and the ordinances of the Borough of Aspinwall creating and controlling
them.
[Ord. 806, 6/11/1986,
§ 303]
The compensation for the Mayor and members of Council shall
be fixed by ordinance in accordance with the provisions of the Pennsylvania
Borough Code. All appointed offices and employees of the Borough shall
receive compensation for their services as prescribed by Council.
[Ord. 806, 6/11/1986,
§ 305]
The Borough of Aspinwall shall indemnify the Mayor, any member
of Council, the Manager, building inspection employees, members of
boards, commissions appointed by Council, the Solicitor and the Engineer
in the event that such individuals are a party to or are threatened
to be made a party to any threatening, pending, or pleaded action,
suit or proceeding, whether civil, criminal, administrative or investigative
(other than an action by or in the right of the Borough), by reason
of the fact that such person is or was an elected or appointed official
of the Borough, an employee of the Borough or an appointed member
of the Board or Commission of the Borough, against expenses, including
attorneys' fees, judgments, fines and amounts paid in settlement,
actually and reasonably incurred in connection with such action, suit
or proceeding if the individual acted in good faith and in a manner
he reasonably believed to be in or not opposed to the best interest
of the Borough of Aspinwall and, with respect to any criminal action
or proceeding, had no reasonable cause to believe his conduct was
unlawful. The Borough may provide insurance for the benefit of such
individual insuring such individual from any liability asserted against
that individual or incurred by that individual in any capacity, in
such amounts and with such limitations as Council shall deem appropriate.
[Ord. 806, 6/11/1986,
§ 306]
Ordinances, except as set out below, shall be read in full at
the meeting at which their passage is considered. Those ordinances
which require prior public notice and those ordinances which have
otherwise been placed on file in the Borough offices for review prior
to passage need not be read. In those cases where the full text of
an ordinance need not be read, a summary setting forth the substance
of the ordinance shall be read at the meeting at which passage is
considered.
[Ord. 806, 6/11/1986,
§ 307]
The purpose, organization and authority of boards and commissions
created by the Council of the Borough of Aspinwall shall be set out
in the ordinances creating them and the applicable Acts of the Pennsylvania
General Assembly and the Congress of the United States under which
they are created. Each board or commission shall have a chairperson,
whose duties and responsibilities shall be to regulate the operation
and performance of the board or commission. The chairperson and the
members shall be responsible to Council for the faithful and timely
performance of the duties assigned them.
[Ord. 806, 6/11/1986,
§ 308]
No official or employee shall grant or make available to any
person any consideration, treatment, advantage or favor beyond that
which it is the general practice to grant or make available to the
public at large.
[Ord. 806, 6/11/1986,
§ 312; as amended by Ord. 995, 12/10/2003]
1.
Subject to due process of law, any official or employee who violates
any provision of this Part 1A may be disqualified from being an appointed
official or employee in the Borough for two years after the date of
the transaction in which the violation occurs. If the violation occurs
while serving as an appointed official or employee, he may be removed
from his position as an appointed official or employee by a majority
vote of the Borough Council.
2.
Any person, firm or corporation who violates a provision of this
Part, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $100 nor more than $1,000 for each violation, plus
costs, and in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
3.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
4.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
[Ord. 995, 12/10/2003]
Unless otherwise prescribed by a general law of the Commonwealth
of Pennsylvania, any violation or failure to comply with any provision
of this Code or any other ordinance of the Borough of Aspinwall shall
constitute a summary offense and prosecution of every such offense
shall be in the manner provided for the enforcement of summary offenses
under the laws of the Commonwealth and the Pennsylvania Rules of Criminal
Procedure and the Rules of the Minor Judiciary, both as adopted by
the Pennsylvania Supreme Court.
[Ord. 995, 12/10/2003]
Except where specific penalties are otherwise provided in this
Code, in a law of the Commonwealth or in another ordinance of the
Borough for a particular violation, any person who violates any provision
of this Code, or fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $100 nor more than $600, plus all court costs and
costs of prosecution incurred by the Borough, and in default of payment
of said fines and costs, to imprisonment to the extent permitted by
law for the punishment of summary offenses.
[Ord. 995, 12/10/2003]
A separate offense shall arise for each day or portion thereof
in which a violation of this Code or other Borough ordinance is found
to exist or for each section of this Code or other Borough ordinance
found to have been violated.
[Ord. 995, 12/10/2003]
In addition to any other remedy available under law, the Borough
may enforce this Code or other Borough ordinance by any appropriate
action in equity or at law to prevent, restrain, correct, enjoin or
abate violations of this Code or other Borough ordinance.
[Ord. 995, 12/10/2003]
Unless otherwise provided in this Code or in the laws of the
Commonwealth, all fines and penalties collected for violations of
this Code or of other ordinances of the Borough shall be paid to the
Borough Treasurer.
[Ord. 995, 12/10/2003]
The initial determination of a violation of this Code or other
Borough ordinance and the service of a notice of violation, where
required, are hereby delegated to the Borough Manager, the Police
Chief, the Code Official/Building Inspector, the Zoning Officer, the
Code Enforcement Officer and their designees and to any other officer
or agent that the Borough Manager or the Borough Council deems appropriate.
[Ord. 995, 12/10/2003]
The Aspinwall Borough Police are authorized to issue tickets for the violation of any provision of this Code, except for violations of Chapter 5[Code Enforcement], Chapter 6 [Conduct], Chapter 13 [Licenses, Permits and General Business Regulations], Chapter 9 [Grading and Excavating], Chapter 10 [Health and Safety], Chapter 18 [Sewers and Sewage Disposal], Chapter 22 [Subdivision and Land Development], Chapter 24 [Taxation, Special], Chapter 26 [Water], Chapter 27 [Zoning], any provision of this Code requiring notice of violation and unless otherwise provided in this Code. This ticket shall be in the form approved from time to time by resolution of the Borough Council and shall, unless otherwise provided in this Code, provide the violator with the option of pleading guilty to the violation prior to the issuance of a citation by paying a minimum fine of $25 in discharge of the particular violation in question for the particular date in question. In the violator fails to plead guilty and pay the minimum fine of $25 within 48 hours of the date and time of the ticket, then the appropriate Borough officials may proceed as otherwise authorized by this Part 1B. When, in the discretion of the police officer, the issuance of a ticket pursuant to this section is not appropriate, the police officer may proceed to issue a citation as otherwise authorized by this Part 1B.
