The use of electronic systems to transfer funds and make payments has proliferated in recent years, with the growing use of computer systems and the Internet. The use of electronic systems to transfer funds and make payments provides the potential for substantial benefits to both the Borough of Kutztown ("borough") and to the citizens and services consumers of the borough. However, the unique characteristics of electronic systems utilized for the making of payments, either by the transfer of funds or the granting of credit, require modifications to the Code of the Borough of Kutztown in order to clarify the use and application of such electronic systems in the context of the making of payments to the borough for various purposes. By enacting the electronic payment provisions set forth in this article, the Borough Council of the Borough of Kutztown ("Council") intends to facilitate the use of electronic systems in the remittance of sums to the borough and to specify the procedure for the authorization of the use of electronic systems for such purposes, as well as for the payment of costs and the allowance of fees, discounts and charges associated with the use of such electronic systems by the borough.
For the purposes of this article, the following terms shall have the following meanings:
ELECTRONIC PAYMENT
The payment or crediting of funds to the borough by means of electronic transfer of funds, wire transfer of funds, credit card payment or other payment involving electronic means, including, but not limited to, the use of computers, computer networks, electronic terminals, telephone transfers, credit card transactions, debit card transactions, point-of-sale transfers, automated teller machine transfers and electronic deposit of funds. The term "electronic payment" shall not include a transaction originated by or involving currency, check, draft or similar paper instrument, whether or not the transaction involves the use of an electronic device or telephone.
OBLIGATION
Any sums owed by any person or entity to the borough for any reason, including, without limitation, any fee, charge, interest charge, penalty, fine, permit fee, license fee, application fee, appeal fee, user charges, utility charges and/or account, except the following:
A. 
Any of the foregoing as to which payment by means of electronic payment is prohibited by virtue of the laws of the Commonwealth of Pennsylvania and/or the United States of America;
B. 
Any tax, including any interest, penalty and late charges assessed or charged thereon, and other sums owed in connection therewith, whether levied by the borough under Chapter 200 of the Code of the Borough of Kutztown, as in effect from time to time, or levied by the borough from time to time by virtue of any other ordinance, resolution or enactment, notwithstanding whether such tax is collected directly by the borough or by a tax collector, agent or other party;
C. 
Any judgment, fine, penalty or other sum imposed and payable as a result of proceedings before the courts of the Commonwealth of Pennsylvania, including, without limitation, proceedings before any District Justice and/or before the Court of Common Pleas of Berks County, Pennsylvania, unless such sum is payable directly to the borough; and
D. 
Any tapping fee, connection fee and/or customer facilities fee relating to sewer and/or water utility services, as defined in Section 4(B)(t) of the Municipality Authorities Act of 1945, May 2, 1945, P.L. 382, No. 164, as amended from time to time, and as described in Section 507-A of the Pennsylvania Municipalities Planning Code, Act of 1968 (P.L. 805, No. 247), as reenacted and amended from time to time.
Any means of electronic payment and any agreement involving a means of electronic payment, whereby the borough will or may become obligated to pay a fee or service charge for the transactions or will or may suffer the deduction of a discount from the amount of the obligation for each transaction, shall be subject to approval by the Council, from time to time, by means of a resolution.
Subject to the approval of the means of electronic payment and any agreement therefor by the Council by a resolution, as and when required by § 13-8 of this Code, the borough and its officials, officers, employees and agents are hereby permitted to accept payment of any obligation by means of electronic payment, including in those instances whereby the borough shall become obligated to pay a fee in connection with such transaction and in those instances where the amount of the obligation paid to the borough will be reduced by a fee, charge or discount on account of such transaction.
Except to the extent specifically set forth herein, the Code of the Borough of Kutztown, as previously amended, shall remain unchanged and in full force and effect. All provisions of the Code of the Borough of Kutztown, ordinances, resolutions and parts thereof inconsistent with the provisions of this article are hereby repealed. This article shall become effective upon enactment.