[HISTORY: Adopted by the Borough Council of the Borough of Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1999 by Ord. No. 1999-531 (Ch. 21 of the 2005 Code of Ordinances)]
This article shall be known as the "Bath Borough Municipal Document Retention Ordinance."
As used in this article, the following terms shall have the meanings indicated:
- Any written, printed, typed or other graphic matter of any kind or nature, however produced, whether sent or received or neither, which bears an original signature, professional seal, or other designation of originality, and includes the following:
- A. All contracts, agreements, invoices, warranties, certificates, and opinions;
- B. All minutes or transcripts of all meetings;
- C. If specifically requested by a Borough officer, manager, or public official, any and all letters or other forms of correspondence or communication, including envelopes, notes, telegrams, cables, telex messages, and messages (including reports, notes, notations and memoranda of or relating to telephone conversations or conferences);
- D. If specifically requested by a Borough officer, manager, or public official, any and all memoranda, reports, financial statements or reports, notes, transcripts, tabulations, drawings, specifications, studies, analyses, evaluations, projections, work papers, corporate records, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical records and compilations; and
- E. If specifically requested by a Borough officer, manager, or public official, any and all photographs, microfilms, phonograph, tapes or other records, punch cards, magnetic tapes, discs, data cells, drums, printouts and other data compilations from which information can be obtained.
From and after the effective date of this article, each original document in the possession of any municipal official, solicitor, engineer, or other person or legal entity shall be delivered to the Borough Manager for maintenance in the official record of the Borough of Bath. Such documents shall be maintained in Borough Hall in accordance with state law, and the provisions of this article.
Nothing herein stated shall restrict any person from maintaining copies of any portion or portions of the official records of the Borough of Bath for any purpose whatsoever.
Should any original document come into the possession of any person or entity subsequent to the adoption of this article, such person or entity shall deliver such original document to the Borough Manager or his or her designee within 10 days of receipt thereof, with or without a formal request by the Borough.
Should any person or entity retain any official document of the Borough of Bath in his, her or its possession for a period of 10 days after receipt of any notice from the Borough Manager or other authorized representative of the Borough to return such original document or documents to the Borough, such person or persons shall be in violation of the provisions of this article. Each day that such original document or documents are retained by any person or entity outside of the Borough Hall shall constitute a separate violation of this article.
[Amended 11-5-2018 by Ord. No. 2018-678]
Any person or persons violating this article, after due notice from the Borough Manager or his or her authorized designee, shall be guilty of a summary offense, and shall, following conviction before a Magisterial District Judge or other court of competent jurisdiction, pay a fine of not less than $25 a day for each and every day that such violation shall occur. In default of payment therefor, any violator shall be subject to imprisonment for a period not exceeding 90 days. In addition, court costs and reasonable attorney fees incurred by the Borough in enforcement proceedings shall be assessed against violator and awarded to the Borough.