[HISTORY: Adopted by the Borough Council of the Borough of Burgettstown 5-7-2012 by Ord. No. 2012-2. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- The person violating any ordinance of the Borough of Burgettstown and/or any laws of the Commonwealth of Pennsylvania and/or those laws, rules, and regulations designated as the Pennsylvania Crimes Code, Pa.C.S.A. Title 18 and Title 35, Chapter 6, in their entirety.
- REQUEST FOR RESPONSE
- Any communication to the Borough of Burgettstown or County 9-1-1 Dispatch Center or to the police or other entity, indicating the possibility or existence of the occurrence of a crime or other emergency situation warranting immediate action by the police.
- Any person, tenant, resident, business organization, nonprofit organization, charitable institution, agent, servant or employee who makes a request for response.
- Any request for response which causes the McDonald Borough Police Department to utilize its communications systems, motor vehicles and/or personnel to arrive at any place designated by the requestor.
Editor's Note: See 18 Pa.C.S.A. § 101 et seq. and 35 P.S. § 780-101 et seq., respectively.
Any requester who makes a request for response which causes a response and subsequently results in the withdrawing of charges initiated as a result of the response or any requestor who unreasonably makes multiple requests for response shall be charged the cost of the response as set forth in § 241-3 of this chapter.
Any actor or perpetrator against whom it has been determined has violated the ordinances of the Borough of Burgettstown or the laws of the Commonwealth of Pennsylvania set forth in this chapter, said determination being made by the Court of Common Pleas of Washington County, including the minor judiciary of said county known as "Magisterial District Judges," by judge or jury, after trial or hearing, the agreement by the actor to a guilty plea, ARD agreement, plea, probation or determination with verdict of a plea of nolo contendere or no contest in said courts and/or the determination or agreement of an actor to a plea or agreement with said courts without verdict and/or any adjudication, determination, or agreement regarding a juvenile under the Pennsylvania juvenile laws, shall be charged the cost of the response as set forth in § 241-3 of this chapter.
Any response or determinations as set forth in § 241-2 of this chapter shall require the requestor or actor to pay to Burgettstown Borough the fee set forth on Appendix A of the McDonald Borough Ordinance No. 680, the same being incorporated herewith as though more fully set forth herein at length, and any incidental costs, fees or expenses relating to a response. The fees set forth on Appendix A may be adjusted from time to time by resolution of Burgettstown Borough Council.
The McDonald Borough Police Department shall provide and invoice to those individuals creating the requirement of a police response and/or any actor or perpetrator as set forth in § 241-2 of this chapter pursuant to the schedule of charges set forth in Appendix A of the McDonald Borough Ordinance No. 680, said amount being the hourly rate indicated thereon, plus any incidental cost, fees or expense.
The invoicing as designated shall be provided by the McDonald Borough Police Department within 30 days of the date of the police response or determination as set forth in this chapter. Thereafter, payment shall be made to McDonald Borough for the aforesaid invoicing within 30 days of the date of the invoicing.
Failure to pay the aforesaid invoicing shall cause the McDonald Borough Police Department to file a civil action, judgment and/or municipal lien against the invoiced party. The foregoing notwithstanding, Burgettstown Borough, through its Police Department, may request any court having competent jurisdiction over a requestor, actor or perpetrator to make restitution to McDonald Borough consistent with this chapter.
Interest on the unpaid balance of any invoices of any fees shall carry an interest rate of 9% per annum on the unpaid balance. In addition, the Borough of McDonald may access attorneys' fees, costs and expenses associated with collection of any fees authorized by this chapter.