Article XIII Penalties; Interpretation

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New Laws

Title	Adopted	Subject	Affects
Ord. No. 2025-6 pdf	2025-06-16	Codes: Fire Prevention Code Amendment; Curfew Amendment; Insurance: Fire Insurance Claims Amendment; Loitering Amendment; Mobile Home Parks Amendment; Motor Vehicle Service Stations Amendment; Noise: Sound-Amplification Devices Amendment; Disorderly Conduct Amendment; Parks and Recreation Areas: Closing Hours Amendment; Smoking Prohibited Amendment; Peace and Good Order: Prohibited Activities Amendment; Peddling and Soliciting: Licensing of Transient Retail Business Amendment; Property, Public: Tampering With, Damaging or Destroying Amendment; Use of Malls, Benches and Monument Square Improvements Amendment; Sewers and Sewage Disposal: Sanitary Sewer Connections and Uses Amendment; Streets and Sidewalks: Sidewalk, Curb, Curb Cut, Gutter or Surface Water Drain Construction, Excavation or Repair Amendment; Street and Sidewalk Encroachments and Obstructions; Restrictions on Display of Goods Amendment; Taxation: Per Capita Tax Amendment; Local Services Tax Amendment; Water: Mandatory Connection Amendment; Zoning Amendment	Ch 110 Art II, Ch 115, Ch 137 Art I, Ch 142, Ch 148, Ch 152, Ch 160 Art I, Ch 160 Art III, Ch 166 Art I, Ch 166 Art II, Ch 170 Art I, Ch 175 Art I, Ch 180 Art I, Ch 180 Art II, Ch 192 Art I, Ch 212 Art II, Ch 212 Art III, Ch 225 Art I, Ch 225 Art IV, Ch 236 Art I, Ch 240

§ 240-70 Violations and penalties.

[Amended 3-24-1986 by Ord. No. 86-2]

Any person who violates any provision of this chapter, or who fails to carry out or comply with an order of the Building Codes, Property Codes and Zoning Code Department or a Department officer, shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 30 days. For the purposes of the imposition of the fine and costs prescribed by this Subsection A, the word "person," when applied to partnerships, firms or associations, shall mean the partners or members thereof; when applied to organizations or corporations, the officers thereof; and when applied to other entities, the officers, officials or other individuals responsible for managing the business or affairs of the entity.

Each day that an order of the Department or a Department officer is not complied with shall be deemed to constitute a new or separate offense under Subsection A and subject in all respects to the same penalty as is provided in Subsection A, and a separate prosecution may be instituted and a separate fine imposed for each offense committed after the first offense.

The imposition of a penalty under Subsection A of this section shall not preclude the Borough from instituting an appropriate action or proceeding to prevent, restrain, correct or abate a violation or any act, conduct, use, occupancy, change, condition or work which is not permitted by this chapter.

§ 240-71 Interpretation.

[Amended 3-24-1986 by Ord. No. 86-2]

In the interpretation of the provisions of this chapter, the provisions of this chapter shall be held to be the minimum requirements and standards adopted for the protection and promotion of the public health, safety, morals and welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way affect the provisions of other ordinances; the provisions of the laws, rules or regulations prescribed by the state or federal government or any of their respective regulatory agencies; or private restrictions placed upon property (or restrictive covenants running with the land) and imposed by deed or other private agreement.

In cases where other ordinances of the Borough (or any codes adopted thereby) or where the laws of the state or federal government or the rules or regulations prescribed by their respective regulatory agencies impose a greater restriction or a stricter requirement upon any act, conduct, use, occupancy, change, condition or work than is imposed by this chapter, or in cases where private restrictions or private covenants running with the land impose a greater restriction or a stricter requirement upon any act, conduct, use, occupancy, change, condition or work than is imposed by this chapter, such ordinances, codes, laws, rules, regulations, private restrictions or private covenants shall control. However, where this chapter imposes a greater restriction or a stricter requirement, this chapter shall control.