This chapter shall be known and may be cited as "The Alternative
Dispute Resolution Ordinance of the City of DuBois, Clearfield County,
Pennsylvania, of 2014."
The purpose of the chapter is 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 Magisterial District Judge and unnecessary
appeals. The resolution in this manner is beneficial from a two-fold
perspective in that it permits the City of DuBois to maintain and
enforce its laws and permits a citizen and/or taxpayer 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 and/or taxpayer of the right
to dispute the ticket and receive the full benefit of procedural and
substantive due process of law.
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.
In addition to imposing a fine and costs and/or imprisonment
as enumerated under the section allegedly violated, the Magisterial
District Judge having jurisdiction to hear such claims may order the
violator, upon conviction, to make restitution to any aggrieved person.
The provisions of this chapter 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 chapter. It is hereby declared to be the intent of the City
of DuBois that this chapter would have been adopted if such illegal,
invalid or unconstitutional section, clause, sentence, part or provision
had not been included herein.
The provisions of any prior ordinance which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency. This chapter shall be effective immediately
upon adoption.