[Ord. No. 358, 11/13/2017]
1.
This Part shall be known and may be cited as the "Alternative Dispute
Resolution Ordinance of Elizabethville Borough, Dauphin County, Pennsylvania,
of 2017."
2.
The purpose of the Part is:
A.
To provide for a mechanism by means of issuance of tickets rather
than citation to permit a citizen who believes he may have been in
violation to pay the ticket rather than cause the issuance of a citation
and a costly and protracted legal hearing before a Judge and unnecessary
appeals. The resolution in this manner is beneficial from a twofold
perspective in that it permits the Borough to maintain and enforce
its laws and permits a citizen so accused to resolve the dispute in
a manner that does not unduly burden the resident by requiring the
issuance of a citation and a court hearing. It also does not deprive
the citizen of the right to dispute the ticket and receive the full
benefit of procedural and substantive due process of law.
[Ord. No. 358, 11/13/2017]
1.
The provisions of any chapter so enumerated shall be enforced by
police officers, code enforcement officers, or any public officer
sworn to uphold and enforce the law of the municipality.
2.
The Council may from time to time change, increase or decrease those
chapters to be covered under this Alternative Dispute Resolution Ordinance
by resolution passed at the January regular monthly meeting; however,
at the time of the adoption of this Part, the following chapters are
hereby deemed and ordained to be under the jurisdiction of this process:
3.
Any violation of the provisions of any chapter as enumerated in this
Part may be cause for a citation, a violation ticket and/or a notice
of violation to be issued to the violator.
4.
A notice of violation or violation ticket shall be served upon a
violator in the following manner:
A.
By handing the ticket or notice of violation to the violator; or
B.
By handing it at the residence of the person to be served to an adult
member of the household or other person in charge of the residence;
or
C.
By leaving or affixing the notice or violation ticket to the property
where the violation exists; or
D.
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;
or
E.
By mailing the notice to the violator's address of record by
first-class mail with a certificate of mailing.
5.
Each day a violation continues or is permitted to continue constitutes
a separate offense for which a separate fine may be imposed.
6.
A public officer is hereby authorized and empowered to correct or
abate any violation and should, in the discretion of the officer,
such violation constitute a clear and present danger to the health
and safety of the community, he shall take all steps necessary to
correct or abate the violation within 24 hours.
7.
If the Borough has effected a correction of the violation, the cost
thereof shall be charged to the owner of the property, tenant, or
offending party, in that order of responsibility, and such restitution
can be effected by whatever means is available to the municipality.
[Ord. No. 358, 11/13/2017]
A person in receipt of a violation ticket shall have 10 days
within which time to pay the amount of the ticket. In the event the
ticket is not paid within 10 days, such failure to pay shall result
in the issuance of a criminal citation for the offense as enumerated
on the ticket.
[Ord. No. 358, 11/13/2017]
1.
For the first offense of the violation of this Part within a twelve-month
period, the tickets shall be issued in the amount of $100.
2.
For the second offense of the violation of this Part within a twelve-month
period, the tickets shall be issued in the amount of $200.
3.
For the third offense of the violation of this Part within a twelve-month
period, the tickets shall be issued in the amount of $300.
4.
For the fourth offense and all subsequent offenses of the violation
of this Part within a twelve-month period, the ticket shall be issued
in the amount of $500.
[Ord. No. 358, 11/13/2017]
In addition to imposing a fine and costs and/or imprisonment
as enumerated under the section allegedly violated, the Magisterial
District Court Judge may order the violator, upon conviction, to make
restitution to any aggrieved person.
[Ord. No. 358, 11/13/2017]
The provisions of this Part are severable; and if any section,
clause, sentence, part or provision thereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect, impair or invalidate
any of the remaining sections, clauses, sentences, parts or provisions
of this Part. It is hereby declared to be the intent of the Council
that this Part would have been adopted if such illegal, invalid or
unconstitutional section, clause, sentence, part or provision had
not been included herein.
