[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:
All contracts, agreements, invoices, warranties, certificates,
and opinions;
All minutes or transcripts of all meetings;
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);
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
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.
