Pursuant to Section 1014.1 (53 P.S. § 36014.1) of the Third Class City Code, the codification of a complete body of legislation for the City of Pottsville, County of Schuylkill, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 220, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the City of Pottsville, which shall be known and is hereby designated as the "Code of the City of Pottsville," hereinafter referred to as the "Code."
[HISTORY: Adopted by the City Council of the City of Pottsville as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-1994 by Ord. No. 527]
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 City Council of the City of Pottsville, and it is the intention of said City Council 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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the City of Pottsville and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.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from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: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 August 8, 1994.
B.
Any right or liability established, accrued or incurred under any legislative provision of the City 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 City 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 City.
E.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the City 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 City or other instruments or evidence of the City'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 City.
K.
Any ordinance providing for 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 City or setting the bond of any officer or employee.
P.
Any ordinance concerning changes and amendments to the Zoning Map.
Q.
All legislation regarding social security, retirement and pensions of employees of the City of Pottsville.
R.
Any ordinance concerning changes and amendments to the Traffic Control Map.
All ordinances and resolutions 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 and resolutions shall be temporarily placed in the Code until printed supplements are included.
In compiling and preparing the ordinances and resolutions of the City 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 City Council 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.[1]
[1]
Editor's Note: Ordinance No. 526, adopted and effective 12-12-1994, in conjunction with this Article, revised and amended various sections of City ordinances as part of the codification process. Such revisions are noted in the Code in each case with the words "amended (or added) at time of adoption of Code, see Ch. 1, General Provisions, Art. I." During the course of routine supplementation, such notes will be replaced with the the words "amended (or added) 12-12-1994 by Ord. No. 526." A complete description of each change is included in Ord. No. 526, which is on file in the office of the City Clerk.
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.
Three copies of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the City Clerk and shall remain there for use and examination by the public. Upon adoption, such copies shall be certified to by the City Clerk, as provided by law, and such certified copies shall remain on file in the office of the City Clerk, 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 City Council 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 City Clerk or someone authorized and directed by him or her to keep up-to-date the certified copies of the book containing the Code required to be filed in the office of the City Clerk for the use of the public. All changes in said Code and all legislation adopted by the City Council subsequent to the effective date of this codification which the City Council 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 City Clerk, pursuant to law, shall cause to be published in the manner required a notice of the introduction and of the adoption of the Code in a newspaper of general circulation in the City. The enactment and application of this ordinance, coupled with the publication of the notices of introduction and adoption, as required by law, and the availability of copies of the Code for inspection by the public, 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 City to be misrepresented thereby. Anyone violating this section of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding $600, plus costs of prosecution, and, in default of payment thereof, by imprisonment for a term not exceeding 90 days.
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. It is hereby declared to be the intent of the City Council 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 on and after December 12, 1994.
[Adopted 5-21-1966 as part of Ord. No. 72-66 (part of Art. 101 of the 1966 Code)]
A. ADOPTING ORDINANCE CITY and MUNICIPALITY COUNCIL COUNTY FIRE DEPARTMENT or FIRE BUREAU KEEPER or PROPRIETOR LAND or REAL ESTATE OWNER PERSON POLICE DEPARTMENT OR BUREAU PREMISES PROPERTY REASONABLE TIME SIDEWALK STATE or COMMONWEALTH STREET TENANT or OCCUPANT THIRD CLASS CITY CODE WRITTEN or IN WRITING
Terms defined. In the construction of this Code, the following rules shall control, excepting those inconsistent with the manifest intent of the Council as disclosed in a particular provision, section or article:
The City of Pottsville, Pennsylvania.
The Council of the City of Pottsville, Pennsylvania.
The County of Schuylkill, Pennsylvania.
The Bureau of Fire of the City of Pottsville, Pennsylvania.
Includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
Includes rights and easements of incorporeal nature.
When applied to property, includes a part owner, joint owner or tenant in common, of the whole or any part of such property.
Extends to and applies to associations, clubs, corporations, firms, partnerships and bodies politic, as well as to individuals.
The Bureau of Police of the City of Pottsville, Pennsylvania.
When used as applicable to property, extends to and includes land and buildings.
Includes real and personal, and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property. "Real property" includes lands, tenements and hereditaments.
In all cases where provision is made for an act to be done or notice to be given within a "reasonable time," it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or giving of such notice.
Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
The Commonwealth of Pennsylvania.
Includes alleys, avenues, boulevards, lanes, roads, streets and other public ways in the City.
As applied to building or land, extends to and applies to any person holding a written or oral lease of or who occupies the whole or any part of a building or land, alone or with others.
The Pennsylvania Act of June 28, 1951, P.L. 662, as amended. The sections of the Third Class City Code may be cited herein as "3rd Class, §______".
[2]Includes any representation of words, letters or figures, whether by printing or otherwise.
B.
Word usage.
(1)
Authority. Whenever in the Code authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.
(2)
Joint authority. Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof unless otherwise specifically provided.
(3)
Calendar; computation of time. "Month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, except that if the last is Sunday, it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.
(4)
Conjunctions. "And" includes "or" and "or" includes "and" if the sense so requires.
(5)
Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.
(6)
General rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of language; provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
(7)
Number. Words in the plural include the singular and in the singular include the plural number.
(8)
Oath. "Oath" includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples to taking an oath. An affirmation shall have the same force and effect as an oath.
(9)
Tenses. The use of any verb in the present tense includes the future.
[Amended 12-12-1994 by Ord. No. 526]
Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense or whenever in this Code or in any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violator of any such provision or any ordinance shall be fined not more than $1,000 and, in default of payment of fine and costs, imprisoned not more than 90 days. Each day's continued violation shall constitute a separate offense.
[Added 1-15-1996 by Ord. No. 547; amended 1-13-1997 by Ord. No. 565; 1-12-1998 by Ord. No. 589; 3-9-1998 by Ord. No. 598; 9-14-1998 by Ord. No. 600; 10-12-1998 by Ord. No. 603; 5-17-1999 by Ord. No. 610; 12-29-1999 by Ord. No. 623; 6-12-2000 by Ord. No. 632; 12-21-2000 by Ord. No. 639; 4-9-2001; 12-27-2001 by Ord. No. 656; 6-10-2002 by Ord. No. 670; 4-14-2003 by Ord. No. 689; 12-17-2003 by Ord. No. 698; 7-12-2004 by Ord. No. 708; 3-13-2006 by Ord. No. 729; 10-9-2006 by Ord. No. 745; 3-12-2007 by Ord. No. 749; 12-29-2008 by Ord. No. 772; 5-11-2009 by Ord. No. 778; 4-12-2010 by Ord. No. 787; 12-29-2011 by Ord. No. 811; 12-30-2013 by Ord. No. 831; 4-14-2014 by Ord. No. 837; 5-11-2015 by Ord. No. 844; 3-11-2019 by Ord. No. 873; 12-20-2019 by Ord. No. 877; 4-13-2020 by Ord. No. 883; 4-13-2020 by Ord. No. 883; 12-14-2020 by Ord. No. 886; 1-11-2021 by Ord. No. 890; 12-13-2021 by Ord. No. 896; 1-9-2023 by Ord. No. 904; 3-13-2023 by Ord. No. 908; 6-10-2024 by Ord. No. 923; 1-13-2025 by Ord. No. 929; 6-9-2025 by Ord. No. 935; 2-9-2026 by Ord. No. 946]
The following fee schedule is hereby adopted by City Council commencing on June 12, 2000:
A.
Miscellaneous fee schedule.
Amount of fee | ||||
|---|---|---|---|---|
Real estate | 26.93 mills | |||
Real estate - library | 0.29 mills | |||
Residence tax | $5 | |||
Per capita tax | $5 | |||
Occupation tax | $57.05 | |||
Earned income tax | 0.5% | |||
Municipal services tax | $52 | |||
Realty transfer tax | 0.5% | |||
Business privilege taxes (per $1,000 of gross revenues) | ||||
Wholesale | 05 | |||
Retail | 075 | |||
Rental/service | 35 | |||
Business license tax | $35 | |||
Mechanical devices, except skill games (per machine) | $150 | |||
Mechanical devices, skill games (per machine) | $1,000 | |||
Failure to present county-generated duplicate | $15 | |||
Failure to present city-generated Act 511 duplicate | $15 | |||
Tax certifications | $30 | |||
Beverage license | $150 | |||
Clean fill permit | $25 | |||
Dumpster permit | $50 | |||
Liquor license hearing fee | $100 | |||
Handicapped parking signs (initial fee) | $125 | |||
Annual renewal | $35 | |||
Street opening permit | ||||
Any opening, drilling or excavation | $35 | |||
Drilling of an exploratory nature up to 6 inches | $10 | |||
Street resurfacing fees | ||||
Earth or blacktop street (per square foot) (minimum of $75) | $4 | |||
Concrete paving or concrete base/amasite surface (minimum of $150) | $8 | |||
Drill hole | $2 | |||
Unimproved surface (per 100 linear feet) | $5 | |||
Street equipment rental (per hour) | $35 | |||
Peddlers permit (per person) | ||||
1 day | $10 | |||
1 week | $20 | |||
1 month | $50 | |||
3 months | $100 | |||
6 months | $200 | |||
1 year | $300 | |||
Shade tree (per tree) | $3 | |||
Solid waste removal services (per month) | $25 | |||
Disconnect fee | $5 | |||
Failure to present city-generated bill | $3 | |||
Toter (per month) | $3.50 | |||
2023 Season Ticket Rates (Discount period ends May 31) | |||
|---|---|---|---|
Resident Regular Amount/ Discounted Amount | Nonresidents Regular Amount/ Discounted Amount | ||
Student | $70/$65 | $95/$90 | |
Adult, single | $80/$75 | $115/$110 | |
Couple | $100/$95 | $140/$135 | |
Senior citizen (55 and over) | $55/$50 | $80/$75 | |
Family | |||
Up to 5 members | $150/$140 | $225/$215 | |
Each additional member | $30 | $35 | |
*NOTE: A family consists of parents or a couple with children under the age of 18, all permanent residents of the same household and same immediate family. A separate pass is required for any adult 18 or older residing in the household (adult children, grandparents, aunts, uncles and cousins). The City reserves the right to seek proof of familial relationship and residency. | |||
Daily Admission | Resident | Nonresident | |
|---|---|---|---|
Under 18 | $4.00 | $8.00 | |
Adults | $6.00 | $12.00 | |
There is a 3% fee for all credit card transactions | |||
Evening admission, 5:00 p.m. to 7:00 p.m., $1 off daily rate for both resident and nonresident rates | |||
NOTE: Children under 10 years old must be accompanied by a responsible adult, 18 years of age or older. There is no nonswimmer discount; all patrons entering the pool are required to pay the appropriate fee. | |||
Type of Fee | Amount of fee | ||||
|---|---|---|---|---|---|
Recreation events | Fees vary | ||||
Parking fees and fines: | |||||
Meter fee (per hour) | $1 | ||||
Bagged meter fee (per day) | $10 | ||||
Meter violation | $15 | ||||
Handicapped parking violation | $75 | ||||
All other parking violations | $35 | ||||
Police documents | $20 | ||||
Police accident reports copy fee | $15 | ||||
Electronic copy | $15 | ||||
Video-audio recordings/drone footage | $100 | ||||
Miscellaneous fees: | |||||
Subpoenaed police documents (per page, except accident reports) | $2 | ||||
Codified ordinance book | $200 | ||||
Zoning Code book | $10 | ||||
Photocopy fee, based on City's public information dissemination policy (per sheet) | $0.25 | ||||
Certified photocopies (per sheet) | $5 | ||||
Returned checks | $35 | ||||
Fire reports | $75 | ||||
Attorney fees in connection with a delinquent account: | |||||
Initial review and sending first demand letter | $50 | ||||
File lien and second demand letter | $100 | ||||
Prepare writ of scire facias | $200 | ||||
Obtain reissued writ | $100 | ||||
Prepare and mail letter under Pa.R.C.P § 237.1 | $50 | ||||
Prepare motion for summary judgment and related judgment | $350 | ||||
Prepare writ of execution | $250 | ||||
Attendance at sale; review schedule of distribution and resolve distribution issues | $350 | ||||
Services not covered above (hourly amount equal to Solicitor's regular charges to the City) | $125 | ||||
Vehicle towing and storage: | |||||
Towing fee | $150 | ||||
Storage fee (per day) | $45 | ||||
B.
Building/zoning fee schedule.
Building permit | |||
First $1,000 | $30 | ||
Each additional $1,000 or any part thereof; no limit | $10 | ||
Plan review | $100 plus $0.15 per square foot | ||
Demolition | |||
Per $10,000 | $150 | ||
For each additional $1,000 or any part thereof; no limit | $10 | ||
Certificate of occupancy permit | $75 | ||
Regular zoning permit | $50 | ||
Zoning variance | |||
Commercial | $750 | ||
Single-family residential | $450 | ||
Subdivision | |||
Residential and conservation | |||
Sketch plan | $150 | ||
Preliminary plan | $250, plus $20 per lot or dwelling unit | ||
Final plan | $300, plus $20 per lot or dwelling unit | ||
Commercial, industrial or mixed use | |||
Sketch plan | $150 | ||
Preliminary plan | $250, plus $20 per acre | ||
Final plan | $300, plus $20 per acre | ||
Third-party inspection fees | Fees adopted by resolution[1] | ||
Plan revisions (For further explanation, see City of Pottsville Codifiied Ordinances, Ch. 197, Subdivision of Land) | 50% of required initial fee | ||
Inspection fee (each inspection performed): | |||
New construction/additions/alterations/renovations | $50 | ||
All other work which requires permit | $30 | ||
Residential rental units | |||
Certificate of compliance | |||
Up to 3 units | $100 | ||
Each unit exceeding 3 | $50 | ||
UCC appeals | |||
Meeting | $300 | ||
Hearing | $600 | ||
[1]
Editor's Note: Any said resolutions are on file in the City offices.
C.
Individual sewage disposal systems.[2]
(1)
Single-family residences (excluding pressure-dosed systems).
Site investigation and soil pit analysis | $180 |
Percolation testing | $440 |
Design review, permit issuance and final inspection | $180 |
$800 | |
Resubmission of design | $77 |
Call back for final inspection (1st inspection not approved) | $160 |
(2)
Single-family residences requiring pressure dosing (excluding elevated sand trenches and alternate sand mound beds).
Site investigation and soil pit analysis | $180 |
Percolation testing | $440 |
Design review, permit issuance and final inspection | $310 |
$930 | |
Resubmission of design | $77 |
Call back for final inspection (1st inspection not approved) | $160 |
(3)
Single-family residences (elevated sand trenches and alternate beds).
Site investigation and soil probe analysis | $180 |
Percolation testing | $440 |
Design review, permit issuance and final inspection | $346 |
$966 | |
Resubmission of design | $160 |
Call back for final inspection (1st inspection not approved) | $160 |
(4)
Single-family residences, holding tank: $346.
(5)
Planning module review:
Component 1 | $160 |
All others | $77/hour |
(6)
Permit transfer: $77.
(7)
Complaints and malfunctioning systems: $77/hour.
(8)
Repair permits: $160.
(9)
All commercial, business, multifamily units and subdivisions shall be billed a fee of $77/hour.
(10)
All work not covered in the above will be billed at a fee of $77/hour.
D.
Fire and rescue services.
Apparatus | |
|---|---|
Engine | $400 per hour |
Aerial/Ladder | $450 per hour |
Rescue | $350 per hour |
Squad/Utility/Support | $200 per hour |
Tanker/Tender | $350 per hour |
Equipment/Service | |
|---|---|
SCBA | $75 each |
Hose (per 50 feet) | $35 |
Gas/CO Detector/Heat Gun | $75 per use |
Deodorizer | $25 per use |
Extinguisher (any class) | $50 per use |
Fire Police Services | $100 per hour |
Hand Tools | $15 each |
Hydraulic Rescue Tools | $250 each |
Scene Lighting | $100 per hour |
Oil Booms | $20 each |
Oil Absorbent Sheets | $2.50 each |
Oil Dry | $35 per bucket |
Portable Pumps | $30 hour |
Power Tools | $50 each |
Road Closing/Traffic Control | $150 per hour |
Salvage Covers | $35 each |
Debris Cleanup/Removal | $250 |
Flares | $8 each |
Ventilation Fans | $50 each |
IR Camera | $150 each |
Foam | $65 per gallon |
Cribbing: | |
Passenger | $100 each |
Class B | $200 each |
Trucks - Class A | $500 each |
Stabilization Struts | $50 per use |
Latex Gloves | $2 per fair |
Ladders | $35 per use |
Medical Extrication (w/Hydraulics) | $1,750 per patient |
Generator | $75 per hour |
Portable Pond | $150 per use |
Wetting Agent | $25 per unit |
Fire Line Tape | $0.25 per foot |
False Alarms | |
|---|---|
1 to 2 | No charge |
3 to 5 | $200 |
6 to 8 | $400 |
9 to 11 | $600 |
12 and over | $800 |
Annual Fire Safety Inspection Fees | |
|---|---|
Buildings less than 6,000 square feet | $150 |
Buildings 6,001 to 25,000 square feet | $300 |
Buildings 25,001 to 75,000 square feet | $400 |
Buildings greater than 75,000 square feet | $500 |
Nursing homes | $250 |
Child care/development facilities | $100 |
Room boarding house | $100 |