[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Police Department — See Ch. 37.
[Adopted 4-9-2001 by Ord. No. 595, approved 4-9-2001]
A.
The Borough Council of the Borough of Eddystone finds and determines:
(1)
That certain private properties require a disproportionate amount
of police service with many calls requiring response to maintain order
and public peace and to stop public disturbances so that there is
less police personnel and resources available for other locations,
emergencies and duties in the Borough, and extraordinary police service
at such properties puts a disproportionate and unfair burden upon
the citizens and taxpayers of the Borough;
(2)
That the owners and/or rental agents in charge of such private properties
derive a benefit from such police service;
(3)
That the owners and/or rental agents in charge of such private properties
have a responsibility to manage their properties to minimize required
police service to maintain order and public peace and to stop public
disturbances and to minimize the burden upon citizens and taxpayers
of the Borough and to promote the health, safety and welfare of the
public in general;
(4)
That the owners and/or rental agents in charge of such properties
can minimize required police service to maintain order and public
peace and to stop public disturbances by diligent and strict management
and regulation of their properties; and
(5)
That assessment of costs as provided in this article is reasonable
and will have a deterrent effect and encourage more responsible management
of such properties.
B.
It is not the intent of this article to discourage or suppress requests
for police service, but rather encourage and stimulate diligent and
strict management and regulation of private property by owner and/or
rental agents in charge.
As used in this article, the following terms shall have the
meanings indicated:
Person or persons or corporations or other entity comprising
record owner or owners of any land or building.
An amount fixed by the Borough Council to cover estimated
compensation to officers for the amount of time normally spent in
responding to a call or otherwise maintaining order and public peace
and stopping disturbances, appropriate administrative costs allocable
thereto, and medical treatment to injured officers and the cost of
repairing any damaged Borough equipment or property. This amount shall
be fixed from time to time and shall be based upon an average cost
for a typical police response.
Any land or building, including single and multifamily dwellings
and commercial and industrial buildings not owned by public entity.
Any party, gathering, event or disturbances involving disorderly
conduct, as described by the Pennsylvania statutes.
Any federal, state or local government or school district
or agency or authority created or organized thereby.
Every owner of and/or rental agent with responsibility to manage
private property within the Borough is required to pay police service
costs to maintain order and public peace and to stop public disturbances
at such private property for each response by the Police in excess
of one response per thirty-day period in an amount fixed by resolution
of the Borough Council; provided, however, that the police service
in connection with crimes against residents and/or property by persons
not residing or invited guests or otherwise lawful occupants of private
property shall not be considered responses for purposes of this article;
and provided, further, that police services in connection with spousal
abuse or abuse of children by parents or in connection with crimes
classified as misdemeanors or felonies under the Pennsylvania Crime
Code shall not be considered responses for the purpose of this article.
The Chief of Police or other duly authorized agent of the Borough shall notify the owner of and/or rental agent with responsibility to manage private property that a response has been made to such property to maintain order or public peace or to stop a public disturbance. Such notice shall be given by certified mail to the last known address of such owner and/or rental agent; provided, however, that an owner and/or rental agent with responsibility to manage private property shall be required to pay police service costs in accordance with § 237-3 of this article whether or not such notice has been given.
Police service costs due in accordance with § 237-3 hereof shall be billed to the owner and/or rental agent with responsibility to manage private property by the Borough Secretary/Treasurer or their duly authorized agent and shall be due and payable within 30 days of such billing.
Police service costs may be collected by civil action by the
Borough against the owner and/or rental agent responsible to manage
private property and/or may be imposed or assessed against such private
property as a municipal claim under the Act of May 16, 1923, P.L.
207, as amended, (53 P.S. § 7101). In either event, a penalty
of 10% and interest at the rate of 10% per annum shall be added and
collected as provided by law.
