[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-7-2014 by Ord.
No. 564]
This article shall be known as the "Civil/Criminal Enforcement
Ordinance of the Borough of Kenhorst" and shall govern the imposition
of fines and penalties and the enforcement of ordinances within the
Borough.
A. Several ordinances
in the Borough regulate behavior, property maintenance, public safety,
parking, solicitation, curfew, water, air, noise pollution, zoning
and other ordinances which entail enforcement, while the Borough may
not actually be in a position for an observable offense. To ensure
proper ordinance enforcement, the Borough shall be permitted to file
violations and prosecute the same based upon observable conditions
at a property or based upon information provided by residents regarding
violations. Said violation notice shall be valid based upon observable
conditions such as failure to remove snow, the appearance of snow
after plowing, the appearance of grass clippings in the street, improper
disposal of materials, accrual of improper substances on a property,
noise complaints, obtaining evidence of solicitation and similar evidence.
B. The Borough
shall be permitted to prosecute all manner of civil and/or criminal
violations based upon observed facts, learned facts or facts which
logic would dictate that a violation has occurred. The mere existence
of certain facts shall constitute appropriate probable cause to bring
a notice of violation that does not constitute a prison sentence.
C. In the context
of the party who shall receive a violation, the violation may be provided
upon a person who is actually observed committing the violation, companies
or corporations who participated in the violation or authorized the
violation, property owners on which property a violation occurred
or any other person permitted by individual ordinances who may be
responsible for such violations.
D. In the event
an ordinance provides for specific evidentiary determinations that
are not found in this article, those factors may also be considered
in conjunction with the information and circumstances set forth in
this article.
In all cases, all ordinances are amended to permit the highest
fine amount permitted by law in accordance with the Borough Code, as amended June 17, 2014, which provides:
A. A civil penalty
may not exceed $600 per violation; and
B. A criminal
penalty may not exceed $1,000, and a term of imprisonment not to exceed
30 days may be prescribed.
[Amended 12-1-2016 by Ord. No. 582]
The Police Department serving the Borough shall be empowered
to enforce any and all Borough ordinances as it deems proper. Moreover,
from time to time by resolution, the Borough Council may appoint code
officers and assistant code officers to enforce Borough ordinances
as appropriate to achieve compliance with the ordinances of the Borough.
After a Borough enforcement officer has made an initial determination
of an ordinance violation, he shall promptly serve notice of such
violation to the person(s) and/or entity responsible for the violation
and further establish the fine for such violation. A warning prior
to an official enforcement notice shall not constitute a waiver of
any violation, nor shall it require warnings to other similarly situated
offenders. Where a penalty for such violation is not paid within 30
days of such violation, the Borough enforcement official shall initiate
the appropriate enforcement proceedings. Similarly, if abatement of
the violation does not occur within the time set forth in the notice
of violation, the Code Official may initiate the appropriate enforcement
proceedings regardless of the passage of 30 days.
In addition to any penalties/fines, the enforcement proceedings
shall include a demand for all court costs and reasonable attorneys'
fees incurred by the Borough.
All notices of violations shall state the manner of appeal.
In the event that a violator fails to appeal as set forth in the enforcement
notice, it shall be determined that the person did waive all defenses
and the Magisterial District Judge shall be limited to a determination
of the amount of fines, penalties and costs.
For any person(s) and/or entity who is not in compliance with
any Borough ordinance, each continuing day of violation or noncompliance
shall be a separate offense for which the enforcement official may
seek separate fines and costs in the same or separate proceeding.
All ordinances which were adopted prior to the effective date
of this article shall be amended to be consistent with the provisions
of this article.
[Adopted 12-1-2016 by Ord. No. 582]
Pursuant to Section 3301.5 of the Borough Code (8 Pa.C.S.A. § 3301.5), the codification of a complete body of legislation for the Borough of Kenhorst, County of Berks, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters
1 through
475, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Kenhorst, which shall be known and is hereby designated as the "Code of the Borough of Kenhorst," 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 Borough Council of the Borough of Kenhorst, and it is the intention of said Borough 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 §
1-12 below, and only new or changed provisions, as described in §
1-15 below, shall be deemed to be enacted from the effective date of this Code, as provided in§
1-24 below.
A. Repeal of inconsistent ordinances. Except as provided in §
1-13, Legislation saved from repeal; matters not affected by repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in §
1-24; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of Kenhorst which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. Repeal of specific ordinances. The Borough Council of the Borough
of Kenhorst has determined that the following elements of the 1973
Code of Ordinances are no longer in effect and hereby specifically
repeals the following:
(1) Chapter
3, Part
1, §§ 12 and 13, Keeping of Pigs.
(2) Chapter
4, Part
1, Bicycles.
(3) Chapter
6, Part
1, §§ 4 through 9, Public Property.
(4) Chapter
10, Part
1, Garbage and Rubbish Collection.
(5) Chapter
11, Part
2, § 16, Graffiti.
(6) Chapter
12, Part 2, Occupancy Permits.
(7) Chapter
13, Part
1, Circuses, Rodeos and Public Exhibitions.
(8) Chapter
13, Part
2, Transient Retail Businesses.
(9) Chapter
24, Part
1, Shade Tree Commission.
The adoption of this Code and the repeal of ordinances provided for in §
1-12 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 §
1-12 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 September 1, 2016.
B. Any right or liability established, accrued or incurred under any
legislative provision of the Borough 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 Borough
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 Borough.
E. Any franchise, license, right, easement or privilege heretofore granted
or conferred by the Borough 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 Borough or other instruments or evidence
of the Borough'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 Borough.
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 Borough 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 Borough.
S. Any currently effective ordinance providing for intergovernmental
cooperation or establishing an intermunicipal agreement.
All ordinances of a general and permanent nature adopted subsequent
to the date given in § l- 13A 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 changes. In compiling and preparing the ordinances
and resolutions of the Borough 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 Borough 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.
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 Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the legislation so changed had been 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 §
1-24.
C. Nomenclature and statutory changes. Unless otherwise indicated, throughout
the Code, references to the following agencies, officials or statutes
are updated as indicated:
(1) "Building Inspector," "Code Officer" and "Code Official" to "Code
Enforcement Officer."
(2) "Department of Environmental Resources" or "DER" to "Department of
Environmental Protection" or "DEP."
(3) "Department of Community Affairs" or "DCA" to "Department of Community
and Economic Development" or "DCED."
(4) "Justice of the Peace," "District Magistrate" and "District Justice"
to "Magisterial District Judge."
(5) "Soil Conservation Service" or "SCS" to "Natural Resources Conservation
Service" or "NRCS."
(6) In Chapter
44, Article
I, "Kenhorst Volunteer Fire Co." to "Kenhorst Volunteer Fire Company No. 1."
(7) In Chapter
138, "Township" to "Borough."
(8) In Chapter
327, "Director of Parks" and "Director of Parks and Public Property" to "Parks Committee or designee."
(9) In Chapter
419, references to the Local Tax Enabling Act are updated to refer to 53 P.S. § 6924.101 et seq.
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 Borough Secretary
and shall remain there for use and examination by the public. Upon
adoption, such copy or copies shall be certified to by the Borough
Secretary, as provided by law, and such certified copy or copies shall
remain on file in the office of the Borough 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 Borough 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 Borough Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copy or
copies of the book containing the Code required to be filed in the
office of the Borough Secretary for the use of the public. All changes
in said Code and all legislation adopted by the Borough Council subsequent
to the effective date of this codification which the Borough 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 Borough Secretary, 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 Borough.
The enactment and application of this ordinance, coupled with the
publication of the notice of introduction, the availability of a copy
or copies 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 Borough to be misrepresented thereby. Any person who
violates or permits a violation of this section of this ordinance
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Borough in the enforcement
of this chapter. If the defendant neither pays nor timely appeals
the judgment, the Borough 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 Borough 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 Borough 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 1, 2016.