Borough of Akron, PA PRELIMINARY PROVISIONS

The Borough of Akron Code of Ordinances may be cited by section number. The approved short form is "Code." Thus, "Code, § 27-101" refers to § 101 of Chapter 27 of this Code of Ordinances.

§ 1-103 Arrangement of Code.

[Ord. 00037, 10/8/2007]

This Code is divided into chapters, which are subdivided as follows:

Subchapters, identified by capital letters, beginning with a chapter title and number.

Parts, identified by Arabic numerals, beginning with a Part title and number.

Subparts, identified by Arabic numerals, beginning with a title.

The sections of the Code are subdivided as follows:

Subsections, identified by Arabic numerals.

Paragraphs, identified by capital letters.

Subparagraphs, identified by Arabic numerals enclosed within parentheses.

Clauses, identified by lower case letters enclosed within parentheses.

Subclauses, identified by Arabic numerals followed by a parenthesis.

Items, identified by identified by lower case letters followed by a parenthesis.

Subitems, identified by small Roman numerals.

§ 1-104 Headings.

[Ord. 00037, 10/8/2007]

Chapter, subchapter, part, subpart, section, subsection, paragraph, subparagraph, clause, and subclause headings contained in the Code may not be deemed to govern, limit, modify or affect the scope, meaning or intent of the Code. The headings of sections, subsections or other divisions of this Code are intended as mere captions to indicate the contents of the section, subsection or other division and shall not be deemed to be taken as titles of such section, subsection or other division, nor as any part of said section, subsection or other division unless expressly so provided.

§ 1-105 Tenses, Gender and Number.

[Ord. 00037, 10/8/2007]

Except as may be otherwise stated in any provision of this Code, the present tense includes the past and future tenses, and the future the present; the masculine gender includes the feminine and neuter, the feminine includes the masculine and neuter, and the neuter includes the masculine and feminine; and the singular includes the plural, and the plural the singular.

§ 1-106 Construction.

[Ord. 00037, 10/8/2007]

All previous definitions and constructions specifically set forth elsewhere in the Code are preserved. Where any word or words lack a definition or a specific methodology of interpretation is not otherwise given, the provisions of the Statutory Construction, 1 Pa.C.S.A. § 1501 et seq., shall be applied in construing this Code.

Effect of Repeal or Expiration of Code Section.

The repeal of a Code section or ordinance, or its expiration by virtue of any provision contained therein, shall not affect any right accrued or any offense committed, any penalty or punishment incurred, or any proceeding commenced before the repeal took effect or the ordinance expired.

When any ordinance repealing a former Code section, ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former Code section, ordinance, clause or provision, unless it shall be expressly so provided.

Saving Clause. The provisions of this Code, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of this Code, are intended as a continuation of such ordinances, resolutions and regulations and not as a new enactment. The provisions of this Code shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations. Except as specifically stated in this Code or in the ordinance adopting this consolidation, codification and revision of ordinances and regulations of the Borough of Akron, it is the intention of the Borough Council that no ordinance or regulation of the Borough be amended, revised or repealed by implication.

Resolutions. The provisions of this Code of Ordinances may contain resolutions, that is, actions of the Borough Council of the Borough of Akron (in written form and designated "resolution") which did not require prior public notice in accordance with the provisions of the Borough Code, 53 P.S. § 45101 et seq., at the time of their passage by the Borough Council. Such "resolutions" are included herein for ease of reference and the Borough Council does not intend by their inclusion herein to require prior public notice before amending, revising or repealing such resolution or resolutions as may have been included herein in the future. It is the intention of the Borough Council that such actions of the Borough Council that may be included in this Code and specifically cited and designated as a resolution shall not become an ordinance (requiring prior public notice before amendment, revision or repeal) by the simple fact of inclusion in this Code.

§ 1-107 Normal Numbering.

[Ord. 00037, 10/8/2007]

Chapters. Chapters are numbered sequentially in Arabic throughout this Code.

Parts. Parts are numbered sequentially in Arabic throughout this Code.

Whenever other divisions are necessary, chapters shall be divided into subchapters, parts into subparts and designated with the chapter or part number followed by a capital letter. For instance, Chapter 1 may be divided into Subchapters 1A and 1B.

Sections. Sections are numbered sequentially throughout a chapter and a Part such that the first number or numbers is the chapter number, followed by a hyphen, followed by the Part number, followed by the section number within the Part. For example, "§ 1-101" designates Chapter 1, Part 1, Section 1. Similarly, "§ 27-305" designates Chapter 27, Part 3, Section 5.

Internal Divisions of Sections. Whenever internal divisions are necessary, sections shall be divided into subsections, subsections into paragraphs, paragraphs into subparagraphs, subparagraphs into clauses, and clauses into subclauses, and subclauses into items, designated as follows:

1. Subsection.
	A. Paragraph.
		(1) Subparagraph.
			(a) Clause.
				1) Subclause.
					a) Item.
						i. Subitem.

§ 1-108 Special Numbering Problems.

[Ord. 00037, 10/8/2007]

Addition of New Units Between Existing Units. If it becomes necessary to introduce a new chapter, part or section between existing chapters, parts or sections, the new chapter, part or section shall be designated by the addition of a capital letter suffix to the preceding chapter, part or section number. Thus, a chapter introduced between Chapters 5 and 6 would be Chapter 5A, and sections in that chapter would be numbered, for instance, "§ 5A-101." If it becomes necessary to introduce a Part between existing Parts 5 and 6, the new Part would be Part 5A, and sections in that Part would be numbered, for instance, "§ 5-5A01." A new section introduced between existing §§ 5-105 and 5-106 would be "§ 5-105.1." When a number of new parts or sections have been introduced, the chapter or part shall be renumbered.

If it becomes necessary to introduce a subsection between subsections, for instance, Subsections 5 and 6, the new subsection would be numbered Subsection 5.1.

If it becomes necessary to introduce a unit smaller than a subsection between existing unites, the entire subsection shall be revised and renumbered.

Vacated Numbers. Whenever a number is vacated by a revocation or repeal, the remaining elements in the overall unit shall retain their old numbers until the overall unit is completely revised. Prior to revision, the vacated number may be marked:

"(Reserved)"

§ 1-109 Amending Code.

[Ord. 00037, 10/8/2007]

All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code shall be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, parts, sections, paragraphs, clauses or other part or provision hereof, by subsequent ordinance, such repealed portions may be excluded from this Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code and subsequent ordinances omitted are readopted as a new Code by the Borough Council.

Amendment to any provision of this Code shall be made by specific reference to the chapter, part, section and/or subsection number of this Code in the following language:

Amendment or Revision. "Chapter _____, Part _____, Section _____, Subsection _____, is hereby amended (revised) to read as follows . . . ." The amended or revised provisions may then be set out in full as desired.

Addition. "Chapter _____, Part _____, Section _____, Subsection _____, is hereby amended by the addition of the following . . . ." The new provision shall then be set out in full as desired.

Repeal. "Chapter _____, Part _____, Section _____, Subsection _____, is hereby repealed in its entirety."

It is the intention of the Borough Council that the numbering scheme of this Code be adhered to in enacting future ordinances. In the event that any ordinance or other enactment be adopted which does not conform to the numbering system of this Code, it is the intention of the Borough Council that such enactment be renumbered in the process of supplementing, revising or updating this Code to conform to the numbering scheme of this Code. The Borough Council hereby acknowledges and confirms that the numbering scheme herein is for ease of reference and that the renumbering of any enactment when added to this Code shall not in any manner affect the validity of said enactment.

§ 1-110 Altering Code.

[Ord. 00037, 10/8/2007]

It shall be unlawful for any person to change or amend by addition or deletion any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever, except by ordinance or resolution or other official act of the Borough Council.

§ 1-111 Penalties.

[Ord. 00037, 10/8/2007]

Penalty Where No Penalty Provided. Whenever in this Code or in any ordinance of the Borough any act is prohibited or is declared to be unlawful, or whenever in this Code or other ordinance the doing of any act is declared to be unlawful, and no specific penalty is provided therefor:

Violations of Health, Safety and Welfare Provisions. For violations of ordinances adopting building, housing, property maintenance, health, fire or public safety codes; and for ordinances regulating water services, water pollution, air pollution and noise, the following penalty shall be provided:

(1)

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.

Other Violations. All other penalties, except for penalties in Chapter 15, "Motor Vehicles and Traffic" (based on the Vehicle Code, 75 Pa.C.S.A. § 101 et seq.), penalties and ordinances adopted under the authority of the Municipalities Planning Code, 53 P.S. § 10101 et seq., earned income tax ordinances adopted under the Local Tax Enabling Act, 53 P.S. § 6913, ordinances adopted under authority of the Sewage Facilities Act, 35 P.S. § 750.1 et seq., and ordinances adopted under authority of the Stormwater Management Act, 32 P.S. § 680.1 et seq., should provide, generally:

(1)

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.

The imposition of a penalty under the provisions of this Code shall not prevent the revocation of any permit or license or the taking of other punitive or remedial action where called for or permitted under the laws of the Commonwealth of Pennsylvania and the United States of America. In addition, the Borough may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this Code. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.

§ 1-112 Civil Enforcement (Citations/Tickets).

[Ord. No. 00094, 6/11/2018]

Tickets. In addition to initiating proceedings, civil or criminal, pursuant to Chapter 1, § 1-111, of the Borough of Akron Code of Ordinances (hereinafter "Code") or pursuant to any other particular penalty set forth in the Code (other than Chapter 5, Part 1; Chapter 17; Chapter 22; and Chapter 27), the Borough of Akron Council may elect to (as an additional action, and not in lieu of any other action) initiate proceedings by using a citation/ticket. Herein the word "ticket" shall refer to both a civil citation and a ticket. The ticket shall be established in a form acceptable to and adopted by reference in a resolution of the Borough Council.

Rules and Regulations. The Borough Council is hereby authorized, by resolution, to promulgate rules and regulations to implement and supplement the provisions of this section. The Borough Council shall make the rules and regulations available for public inspection during regular business hours.

Violations Subject to Provisions. The following violations of the following sections of the Code shall be subject to the provisions of this section.

Offense	Code Section
Chapter 2, Part 1, Animal Regulations
Animal Noise	2-102
Animal Defecation	2-103
Running at Large	2-104
Owner to Secure	2-105
Animals to Be Leashed	2-106
Animals to Be Kept Sanitary	2-107
Chapter 7, Part 1, Open Burning
Prohibition Against Open Burning	7-103
Chapter 10, Part 1, Grass, Weeds and Other Nuisance Vegetation
Grass, Weeds and Other Nuisance Vegetation Prohibited	10-101
Owner to Cut or Trim Vegetation	10-103
Chapter 13, Part 2, Garage and Yard Sales
Sale of Personal Property	13-202
Permits	13-203
Days of Garage Sales	13-204
Hours of Garage Sales	13-205
No Encroachment on Streets or Sidewalks	13-206
Signs	13-207
Multi-Resident Garage Sales	13-208
Parking	13-210
Chapter 15, Part 9, Roller Vehicles
Roller Vehicles Prohibited	15-901
Roller Vehicle Use	15-902
Chapter 16, Part 1, Regulations Governing Activities in Borough Parks
Rules and Regulations	16-102
Permits	16-103
Regulations Applicable Solely to Akron Borough Lineal Park	16-104
Regulations Applicable Solely to Broad Street Playground	16-105
Regulations Applicable Solely to Colonial Park	16-106
Regulations Applicable Solely to Loyd Roland Memorial Park	16-107
Chapter 21, Part 2, Snow and Ice Removal
Snow and Ice to Be Removed	21-202
Sidewalk to Be Made Passable	21-203

Remedies Not Exclusive. A violation of any of the above Code sections may be cause for a ticket, in addition to any other remedy, fine or other procedure that the Borough may be entitled to under its ordinances or other applicable laws.

Enforcement; Service of Tickets; Payment.

Upon finding a violation of any of the above Code provisions, any Borough Code Enforcement Officer, police officer, Borough Manager, Fire Official, individual appointed by the Council, or any other public officer authorized to enforce the ordinances of the Borough of Akron may issue tickets to the owner and/or occupant of the property (real or personal) at issue or to the individual known to have violated the Code.

Tickets may be served by mail or hand-delivering. The Borough may, however, alternatively serve the ticket by handing it to an adult member of the household or the person in charge of the residence at the residence of the person to be served, or by leaving or affixing the ticket at the real property or upon any vehicle where the violation exists or by handing it, at any office or usual place of business of the violator, to his/her agent or to the person for the time being in charge thereof.

Any person who receives a ticket for a violation of this section may, within 10 days, admit the violation and pay the penalty to the Borough in full satisfaction of the penalty as indicated on the ticket.

Penalty for Late Payment; Notice of Violation; Abatement Costs.

If the person in receipt of a ticket does not pay the penalty within 10 days, such failure shall make the person subject to a citation for the fines indicated in enforcement of the other relevant sections of the Code and for collection in judicial proceedings.

The Borough may, with its ticket, direct a person to abate the violation noticed on such ticket or, if the Borough determines that the immediate abatement of the same by the Borough is necessary, the Borough may take the necessary action to abate the violation at the violator's expense.

Abatement.

(1)

In all instances where the Borough abates the violation, in addition to the penalty set forth in the ticket, the Borough is authorized to recover from the offending party, the owner of the property or the tenant the abatement charges and expenses established by resolution of the Borough Council.

Offenses to Be Abated

Chapter 2, Part 1, Animal Regulations

Running at Large

Owner to Secure

Animals to Be Sanitary

Chapter 10, Part 1, Grass, Weeds and Other Nuisance Vegetation

Grass, Weeds and Other Nuisance Vegetation Prohibited

Owner to Cut or Trim Vegetation

Chapter 21, Part 2, Snow and Ice Removal

Snow and Ice to Be Removed

Sidewalk to Be Made Passable

(2)

In the instance where the Borough has abated the violation and the charged party fails to pay the abatement costs set forth in a written notice thereof from the Borough to such individual, the Borough may include such costs in any citation or other enforcement it undertakes and/or sue for collection thereof.

Separate Offense. A separate offense under this section shall occur for each day such violation continues and shall be subject to the penalty imposed by this section. The penalty for the first offense for each person shall be $25, the penalty for the second offense for each person shall be $50, and the penalty for the third offense for each person shall be $75.