[HISTORY: Adopted by the Board of Supervisors of the Township of
Dickinson as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-21-2004 by Ord. No. 2004-3]
Pursuant to Section 1601(d) [53 P.S. § 66601(d)] of the Second Class Township Code, the codification of a complete body of legislation for the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 205, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Dickinson, which shall be known and is hereby designated as the "Code of the Township of Dickinson," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of Dickinson, and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Dickinson and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any ordinance adopted subsequent to 7-21-2003.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the Township prior to the effective date
of this ordinance or any action or proceeding brought for the enforcement
of such right or liability or any cause of action acquired or existing.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of the Township
or any penalty, punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision of the Township.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Township or any lawful contract, obligation
or agreement.
F.
Any ordinance appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond of the Township or other instruments or evidence
of the Township's indebtedness.
G.
Any ordinance adopting an annual budget or establishing
an annual tax rate.
H.
Any ordinance providing for the levy, imposition or collection
of special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease or
transfer of property or acquiring property by acceptance of deed, condemnation
or exercise of eminent domain.
J.
Any ordinance annexing land to the Township.
K.
Any ordinance providing for or requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L.
Any ordinance or part of an ordinance providing for laying
out, opening, altering, widening, relocating, straightening, establishing
grade, changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place or property
or designating various streets as public highways.
M.
Any ordinance establishing water, sewer or other special
purpose districts and designating the boundaries thereof; providing for a
system of sewers or water supply lines; or providing for the construction,
extension, dedication, acceptance or abandonment of any part of a system of
sewers or water supply lines.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation
of officers and employees of the Township or setting the bond of any officer
or employee.
P.
Any ordinance concerning changes and amendments to the
Zoning Map.
Q.
Any ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
R.
Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained from the
Township.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances and resolutions of the Township for adoption and
revision as part of the Code, certain nonsubstantive grammatical and style
changes were made in one or more of said ordinances and resolutions. It is
the intention of the Board of Supervisors that all such changes be adopted
as part of the Code as if the ordinances and resolutions so changed had been
previously formally amended to read as such.
B.
Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the legislation so changed had previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15.[1]
[1]
Editor's Note: In accordance with § 1-6B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: " Amended (added, deleted) 6-21-2004 by Ord. No. 2004-3." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Nomenclature. Throughout the Code, any references to
the following are updated to read as indicated:
D.
Penalties.
(1)
Civil enforcement. Section 141-14 is amended, in whole or in part, to provide that the penalty provision shall be at the civil enforcement level, as follows: "Any person who violates or permits a violation of this [chapter/article] shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $50 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this [chapter/article]. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith."
(2)
Criminal enforcement. Sections 58-5, 65-5, 71-11, 75-7, 130-6, 137-5A, 159-14, 170-8, 174-15 and 196-6 are added or amended, in whole or in part, to provide that the penalty provision shall be at the criminal enforcement level, as follows: "Any person who violates or permits a violation of this [chapter/article] shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this [chapter/article] that is violated shall also constitute a separate offense."
In interpreting and applying the provisions of the Code, they shall
be held to be the minimum requirements for the promotion of the public health,
safety, comfort, convenience and general welfare. Where the provisions of
the Code impose greater restrictions or requirements than those of any statute,
other ordinance, resolution or regulation, the provisions of the Code shall
control. Where the provisions of any statute, other ordinance, resolution
or regulation impose greater restrictions or requirements, the provisions
of such statute, other ordinance, resolution or regulation shall control.
A.
Chapter and article titles, headings and titles of sections
and other divisions in the Code or in supplements made to the Code are inserted
in the Code and may be inserted in supplements to the Code for the convenience
of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving
other information or referring to the statutes or to other parts of the Code
are inserted in the Code and may be inserted in supplements to the Code for
the convenience of persons using the Code and are not part of the legislation.
At least one copy of the Code in a post-bound volume shall be filed
with the Ordinance Book in the office of the Township Secretary and shall
remain there for use and examination by the public. Upon adoption, such copy
shall be certified to by the Township Secretary, as provided by law, and such
certified copy shall remain on file in the office of the Township Secretary,
available to persons desiring to examine the same during all times while said
Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intention of the Board
of Supervisors to be a part thereof, shall be deemed to be incorporated into
such Code so that reference to the Code shall be understood and intended to
include such changes. Whenever such additions, deletions, amendments or supplements
to the Code shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the post-bound book containing said Code as amendments
and supplements thereto.
It shall be the duty of the Township Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copy of the book
containing the Code required to be filed in the office of the Township Secretary
for the use of the public. All changes in said Code and all legislation adopted
by the Board of Supervisors subsequent to the effective date of this codification
which the Board of Supervisors shall adopt specifically as part of the Code
shall, when finally adopted, be included therein by reference until such changes
or new legislation are printed as supplements to said Code books, at which
time such supplements shall be inserted therein.
The Township Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction of the Code in a newspaper
of general circulation in the Township. The enactment and application of this
ordinance, coupled with the publication of the notice of introduction, the
availability of at least one copy of the Code for inspection by the public
and the filing of an attested copy of this ordinance with the county, as required
by law, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
It shall be unlawful for anyone to improperly change or amend, by additions
or deletions, or to alter or tamper with the Code or any part or portion thereof,
in any manner whatsoever, which will cause the law of the Township to be misrepresented
thereby. Any person who violates or permits a violation of this section of
this ordinance, upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the District Justice and/or Court. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate officers
or agents of the Township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.
The provisions of this ordinance and of the Code adopted hereby are
severable, and if any clause, sentence, subsection, section, article, chapter
or part thereof shall be adjudged by any court of competent jurisdiction to
be illegal, invalid or unconstitutional, such judgment or decision shall not
affect, impair or invalidate the remainder thereof but shall be confined in
its operation and application to the clause, sentence, subsection, section,
article, chapter or part thereof rendered illegal, invalid or unconstitutional.
It is hereby declared to be the intent of the Board of Supervisors that this
ordinance and the Code would have been adopted if such illegal, invalid or
unconstitutional clause, sentence, subsection, section, article, chapter or
part thereof had not been included therein.
All provisions of this ordinance and of the Code shall be in force and
effect five days after enactment hereof.
[Adopted 4-7-1997 by Ord. No. 1-1997]
The background of this article and the legislative intention of the
Board of Supervisors (“Board”) in enacting it are as follows:
A.
The Township of Dickinson is a municipal township of
the second class.
B.
The General Assembly of the Commonwealth of Pennsylvania
reenacted and amended the Second Class Township Code by P.L. 350, No. 60,
on November 9, 1995, effective May 7, 1996 (hereinafter called “code”).
C.
Section 1601(c) of said Act provided as follows:
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“The board of supervisors may prescribe fines not exceeding $1,000
for a violation of a building, housing, property maintenance, health, fire
or public safety code or ordinance and for water, air and noise pollution
violations and not exceeding $600 for a violation of any other ordinance.
Any person who violates or permits the violation of a township ordinance shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by a municipality, pay the fine set by the board of supervisors plus all court
costs, including reasonable attorney fees incurred by a municipality. No judgment
shall be imposed until the date of the determination of a violation by the
district justice. If the defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to the applicable rules
of civil procedure.”
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D.
On November 18, 1996, the Board of Supervisors adopted
Dickinson Township Ordinance No. 4 of 1996, to bring the penalty provisions
of its ordinances into compliance with said Act No. 60.
E.
On December 18, 1996, the General Assembly of the Commonwealth
of Pennsylvania enacted Act No. 172 of 1996, which Act amends said Section
1601(c), effective February 16, 1997.
F.
Subsection (c) of Section 1601 as amended by said Act No. 172 of 1996 is redesignated section (c. 1) and states as follows:
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“(c.1.)
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An ordinance enacted by the board of supervisors pursuant to this act
shall prescribe the fines and penalties which may be imposed for its violation
and shall, unless otherwise specified in another statute, designate the method
of its enforcement in accordance with the following:
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“(1)
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Civil enforcement. Except as provided in paragraph (2), when the penalty
imposed for the violation of an ordinance enacted pursuant to the provisions
of this act is not voluntarily paid to the township, the township shall initiate
a civil enforcement proceeding before a district justice. The civil enforcement
proceeding shall be initiated by complaint or by such other means as may be
provided by the Pennsylvania Rules of Civil Procedure. An ordinance which
is to be enforced through a civil enforcement proceeding may prescribe civil
penalties not to exceed $600 per violation. In addition to or in lieu of civil
actions before a district justice, townships may enforce ordinances in equity.
In any case where a penalty for a violation of a township ordinance has not
been timely paid and the person upon whom the penalty was imposed is found
to have been liable therefor in civil proceedings, the violator shall be liable
for the penalty imposed including additional daily penalties for continuing
violations, plus court costs and reasonable attorney fees incurred by the
township in the enforcement proceedings. A township shall be exempt from the
payment of costs in any civil case brought to enforce an ordinance in accordance
with this paragraph.
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“(2)
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Enforcement as summary offenses. For an ordinance regulating building,
housing, property maintenance, health, fire, public safety, parking, solicitation,
curfew, water, air or noise pollution, the board of supervisors shall provide
that its enforcement shall be by action brought before a district justice
in the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. The municipal solicitor may
assume charge of the prosecution without the consent of the District Attorney
as required under Pa.R.Crim.P. No. 83(c) (relating to trial in summary cases).
The board of supervisors may prescribe criminal fines not to exceed $1,000
per violation and may prescribe imprisonment to the extent allowed by law
for the punishment of summary offenses.
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“(3)
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Existing ordinances. With regard to ordinances enacted prior to May
7, 1996, those regulating building, housing, property maintenance, health,
fire, public safety, parking, solicitation, curfew, water, air or noise pollution
shall be deemed automatically amended so that they shall be enforced by an
action brought before a district justice in the same manner provided for the
enforcement of summary offenses in accordance with paragraph (2). All other
ordinances enacted prior to May 7, 1996, shall be deemed automatically amended
so that they shall be enforced through a civil enforcement proceeding in accordance
with paragraph (1).
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“(4)
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Enforcement in equity. Ordinances may be enforced by a township through
an action in equity brought in the court of common pleas of the county where
the township is situate.
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“(5)
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Separate offenses. Ordinances may provide that a separate offense shall
arise for each day or portion thereof in which a violation is found to exist
or for each section of the ordinance which is found to have been violated.
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“(6)
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Payment to treasurer. All fines and penalties collected for the violation
of any township ordinance shall be paid to the township treasurer.
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“(7)
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Enforcement officers or agents. The board of supervisors may delegate
the initial determination of ordinance violation and the service of notice
of violation to such officers or agents as the township shall deem qualified
for that purpose.”
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G.
The Board recognizes that there are existing ordinances
of this Township which are civil in nature and provide for criminal or quasi-criminal
penalties for violation, and the Board intends to cause said ordinances to
be modified and amended in order to comply with Section 1601(c.1) of the code.
H.
The Board does not intend to modify or amend any ordinance of a criminal nature, including those relating to those matters set forth in Subsection F above, for which enabling legislation allows for criminal fines and penalties.
I.
The Board does intend to comply with Act No. 172 of 1996.
A.
All ordinances of this Township which relate to the regulation
of building, housing, property maintenance, health, fire, public safety, parking,
solicitation, curfew, water, air or noise pollution, and all other ordinances
authorized to be of a criminal nature, are hereby amended and shall be enforced
as summary offenses under the Pennsylvania Rules of Criminal Procedure, pursuant
to the mandates of Act No. 172 of 1996 and any other applicable enabling legislation.
B.
Any person, including a corporation or other entity,
who or which shall violate any such ordinance or shall fail to comply with
any requirements thereof, shall be guilty of a summary offense and shall,
upon conviction thereof, be sentenced to pay a fine of not more than $1,000,
nor less than $50, plus costs of prosecution. In default of payment of said
fine and costs not caused by indigency, said person shall be subject to imprisonment
of up to 90 days. Each day that a violation is continued shall constitute
a separate offense.[1]
All ordinances of a civil nature heretofore enacted shall be and are
hereby modified and amended to provide for civil fines or penalties in accordance
with the provisions of Section 1601(c.1) of the code as quoted above.
A.
In each existing ordinance of a civil nature where a
specific criminal fine is established, the amount so stated shall become a
civil fine or penalty in the same amount.
B.
Except as provided in Subsection C below, and whenever no monetary penalty or fine is already established, any person, including a corporation or other entity, who or which shall violate any provisions of such ordinance or shall fail to comply with any requirements thereof shall be subject to a civil fine or penalty of not more than $600, nor less than $50, plus costs. Each day that a violation is continued shall be subject to a separate and cumulative civil fine.
All ordinances of the Township may be enforced through an action in
equity brought in the Court of Common Pleas of Cumberland County.
The “initiating official” shall be the person authorized
by the Board to initiate proceedings for the violation of ordinances. The
following officials and their duly appointed assistants are hereby authorized
to initiate proceedings:
All civil and criminal proceedings for enforcement of ordinances shall
be commenced in the name of the Township of Dickinson at the office of the
District Justice having jurisdiction over the area of Dickinson Township.
Where a specific fine or penalty is not prescribed or ordained (as when the
ordinance provides for a maximum fine or penalty), the initiating official
shall establish the amount to be recovered in the initial complaint, citation
or other first pleading, and shall include in the demand the court costs and,
where appropriate, the Township’s reasonable attorney fees. All fines
and penalties collected for the violation of any Township ordinance shall
be paid to the Township Treasurer.
All civil proceedings hereunder shall be conducted pursuant to Section
1601(c.1) of the code as quoted above. The initiating official shall have
the authority to enforce judgments recovered in such proceedings.
Any person who violates or permits the violation of any ordinance of
this Township for which a civil fine or penalty is allowed shall, upon being
found liable therefor in a civil enforcement proceeding, pay the fine, plus
all court costs, including this Township’s reasonable attorney fees.
Those parts of existing ordinances which provide for criminal fines
and other criminal penalties in contravention of Section 1601(c.1) of the
code, as amended by Act No. 172 of 1996, as quoted above, are hereby repealed
and the applicable provisions of this article are substituted therein in order
to provide lawful civil penalties.
Those ordinances which contain criminal fines and other criminal penalties
authorized by Act No. 172 of 1996, and by other enabling legislation permitting
such criminal penalties, shall be unaffected by this article and shall remain
in full force and effect.
