[HISTORY: Adopted by the Borough Council of the Borough of
Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-2018 by Ord. No. 2018-678]
Pursuant to Section 3301.5 of the Borough Code (8 Pa.C.S.A. § 3301.5), the codification, consolidation and revision of prior ordinances of the Borough of Bath, County of Northampton, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections, and consisting of Chapters
1 through
675, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Bath, which shall be known and is hereby designated as the "Code of the Borough of Bath," hereinafter referred to as the "Code." A listing of the chapter headings of the Code is attached hereto as Exhibit A and made a part hereof.
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Bath, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below, and only new or changed provisions, as described in §
1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in §
1-15 below.
A. Repeal of inconsistent ordinances. Except as provided in §
1-4, Legislation saved from repeal; matters not affected by repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in §
1-15; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of Bath which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. Repeal
of specific ordinances. The Borough Council of the Borough of Bath
has determined that the following ordinances are no longer in effect
and hereby specifically repeals the following legislation:
(1) Former Chapter 36, Pensions, Article
I, Social Security, of the 2005 Code of Ordinances.
The adoption of this Code and the repeal of ordinances provided for in §
1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to §
1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A. Any
ordinance adopted subsequent to April 30, 2018.
B. Any
right or liability established, accrued or incurred under any legislative
provision of the Borough prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability or any cause of action acquired or existing.
C. Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Borough
or any penalty, punishment or forfeiture which may result therefrom.
D. Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision of the Borough.
E. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Borough or any lawful contract, obligation or
agreement.
F. Any
ordinance appropriating money or transferring funds, promising or
guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of the Borough or other instruments or evidence
of the Borough's indebtedness.
G. Any
ordinance adopting an annual budget or establishing an annual tax
rate.
H. Any
ordinance providing for the levy, imposition or collection of special
taxes, assessments or charges.
I. Any
ordinance authorizing the purchase, sale, lease or transfer of property
or acquiring property by acceptance of deed, condemnation or exercise
of eminent domain.
J. Any
ordinance annexing land to the Borough.
K. Any
ordinance providing for or requiring the construction or reconstruction
or opening of sidewalks, curbs and gutters.
L. Any
ordinance or part of an ordinance providing for laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place
or property or designating various streets as public highways; any
ordinance or resolution dedicating, naming, establishing, locating,
relocating, opening, closing, paving, widening, vacating, etc., any
street or public way in the Borough.
M. Any
ordinance establishing water, sewer or other special purpose districts
and designating the boundaries thereof; providing for a system of
sewers or water supply lines; or providing for the construction, extension,
dedication, acceptance or abandonment of any part of a system of sewers
or water supply lines.
N. Any
ordinance or resolution providing for the making of public improvements,
or providing for local improvements or assessing taxes therefor, or
affecting the duties of the tax collector.
O. Any
ordinance or resolution providing for the salaries and compensation
of officers and employees of the Borough or setting the bond of any
officer or employee.
P. Any
zoning, land development or planning ordinance or resolution and any
ordinance or resolution dedicating or accepting any plat or subdivision
in the Borough, or providing regulations for same.
Q. Any
ordinance relating to or establishing a pension plan or pension fund
for municipal employees.
R. Any
ordinance or resolution or portion of same establishing a specific
fee amount for any license, permit or service obtained from the Borough.
S. Any
currently effective ordinance providing for intergovernmental cooperation
or establishing an intermunicipal agreement.
T. Any
appropriation ordinance or resolution.
U. Any
ordinance or resolution fixing utility rates and charges.
V. Any
ordinance or resolution establishing and prescribing the street grades
of any street in the Borough.
W. Any
ordinance or resolution regulating the erection, alteration, repair,
demolition, moving or removal of buildings or other structures.
X. Any
ordinance or resolution prescribing traffic regulations for specific
locations, prescribing through streets, parking limitations, parking
prohibitions, one-way traffic, limitations of loads of vehicles or
loading zone not inconsistent with the Code.
Y. Any
ordinances or resolutions of the Borough or parts of same not in conflict
or inconsistent with the provisions of the Code.
All ordinances of a general and permanent nature adopted subsequent to the date given in §
1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.
A. Nonsubstantive
changes. In compiling and preparing the ordinances and resolutions
of the Borough for adoption and revision as part of the Code, certain
nonsubstantive grammatical and style changes were made in one or more
of said ordinances and resolutions. It is the intention of the Borough
Council that all such changes be adopted as part of the Code as if
the ordinances and resolutions so changed had been previously formally
amended to read as such.
B. Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth below, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in §
1-15.
(1) Chapter
248, Business Registration. Section
248-3 is amended to read: "There shall be a fee for the first or initial registration, and a fee for each annual reregistration, provided that any person commencing to conduct any business in the Borough at any time after the first day of June, in any year, shall register such business after 30 days after the commencement and/or establishment of such business and shall pay the full registration fee. Fees shall be set by resolution of Council from time to time."
(2) Chapter
568, Streets and Sidewalks, Article
IV, Obstructions.
(a) Section
568-38B is amended to read: "A permit for such obstruction shall first be obtained from the Secretary, the fee for which shall be set by resolution of Council from time to time."
(b)
§ 568-39. Violations and penalties.
|
A. Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and/or to imprisonment for a term not
to exceed 90 days.
|
B. Every day that a violation of this article continues shall
constitute a separate offense.
|
(3) Chapter
625, Vehicles and Traffic, Article
V, Parking Regulations. Section 625-33B is amended to read: "Request for the application shall be made through the Bath Borough Council and the completed applications shall be returned to said department along with a check for the fee to install the handicapped sign made payable to the Borough of Bath. Fees are set by resolution of Council from time to time."
(4) The following sentence is added to any civil penalty or criminal
fine provision of any chapter of the Code: "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."
C. Nomenclature.
Throughout the Code, references to the following agencies or officials
are updated as indicated:
(1) "Department of Environmental Resources" or "DER" to "Department of
Environmental Protection" or "DEP."
(2) "Department of Community Affairs" or "DCA" to "Department of Community
and Economic Development" or "DCED."
(3) "Justice of the Peace," "District Magistrate" and "District Justice"
to "Magisterial District Judge."
(4) "Soil Conservation Service" or "SCS" to "Natural Resources Conservation
Service" or "NRCS."
D. Statutory
references. Pursuant to recodification of the Borough Code in 2012
and 2014 (see now 8 Pa.C.S.A. § 101 et seq.), statutory
citations referring to specific sections of the Borough Code have
been updated accordingly throughout the Code.
In interpreting and applying the provisions of the Code, they
shall be held to be the minimum requirements for the promotion of
the public health, safety, comfort, convenience and general welfare.
Where the provisions of the Code impose greater restrictions or requirements
than those of any statute, other ordinance, resolution or regulation,
the provisions of the Code shall control. Where the provisions of
any statute, other ordinance, resolution or regulation impose greater
restrictions or requirements, the provisions of such statute, other
ordinance, resolution or regulation shall control.
A. Chapter
and article titles, headings and titles of sections and other divisions
in the Code or in supplements made to the Code are inserted in the
Code and may be inserted in supplements to the Code for the convenience
of persons using the Code and are not part of the legislation.
B. Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
At least one copy of the Code in a post-bound volume shall be
filed with the Ordinance Book in the office of the Borough Secretary
and shall remain there for use and examination by the public. Upon
adoption, such copy or copies shall be certified to by the Borough
Secretary, as provided by law, and such certified copy or copies shall
remain on file in the office of the Borough Secretary, available to
persons desiring to examine the same during all times while said Code
is in effect.
Any and all additions, deletions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intention of the Borough Council to be a part thereof, shall be deemed
to be incorporated into such Code so that reference to the Code shall
be understood and intended to include such changes. Whenever such
additions, deletions, amendments or supplements to the Code shall
be adopted, they shall thereafter be printed and, as provided hereunder,
inserted in the post-bound book containing said Code as amendments
and supplements thereto.
It shall be the duty of the Borough Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copy or
copies of the book containing the Code required to be filed in the
office of the Borough Secretary for the use of the public. All changes
in said Code and all legislation adopted by the Borough Council subsequent
to the effective date of this codification which the Borough Council
shall adopt specifically as part of the Code shall, when finally adopted,
be included therein by reference until such changes or new legislation
are printed as supplements to said Code books, at which time such
supplements shall be inserted therein.
The Borough Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction and of the adoption
of the Code in a newspaper of general circulation in the Borough.
The enactment and application of this ordinance, coupled with the
publication of a notice of the introduction, the availability of a
copy or copies of the Code for inspection by the public and the filing
of an attested copy of this ordinance with the county, as required
by law, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, or to alter or tamper with the Code or
any part or portion thereof in any manner whatsoever which will cause
the law of the Borough to be misrepresented thereby. Any person who
violates or permits a violation of this section of this ordinance
shall, upon being found liable therefor in a civil enforcement proceeding,
pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Borough in the enforcement
of this chapter. If the defendant neither pays nor timely appeals
the judgment, the Borough may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day a violation exists shall
constitute a separate offense. Further, the appropriate officers or
agents of the Borough are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.
The provisions of this ordinance and of the Code adopted hereby
are severable, and if any clause, sentence, subsection, section, article,
chapter or part thereof shall be adjudged by any court of competent
jurisdiction to be illegal, invalid or unconstitutional, such judgment
or decision shall not affect, impair or invalidate the remainder thereof
but shall be confined in its operation and application to the clause,
sentence, subsection, section, article, chapter or part thereof rendered
illegal, invalid or unconstitutional. It is hereby declared to be
the intent of the Borough Council that this ordinance and the Code
would have been adopted if such illegal, invalid or unconstitutional
clause, sentence, subsection, section, article, chapter or part thereof
had not been included therein.
All provisions of this ordinance and of the Code shall be in
force and effect on and after the fifth day of November, 2018.
[Adopted 10-3-2005 by Ord. No. 2005-583 (Ch. 1, Art. II, of the 2005
Code of Ordinances)]
Any violation or failure to comply with any provision of any
chapter or article of this Code, or of any Borough ordinance for which
no penalty is specifically set forth therein, shall constitute a summary
offense and prosecution for every such offense shall be according
to the practice in the case of summary convictions before any Magisterial
District Judge. All fines, penalties, and costs imposed when collected
shall forthwith be payable to the Treasurer of the Borough.
All proceedings for the violations of the provisions of this
code, or for Borough ordinances, and for the collection of fines and
penalties imposed thereby, may be commenced by citation, complaint
or arrest, in accordance with the rules of criminal procedure which
relate to summary proceedings.
When any person is arrested on view, a complaint, or citation,
on oath or affirmation, shall be made immediately, whereupon like
proceedings shall be had as provided in the preceding section.
Any person arrested for the violation of any provision of this
Code, or for any Borough ordinance, may be committed to a lockup specified
by the Borough Council pending a hearing or trial, but in case there
is no suitable lockup in which to detain prisoners, the person arrested
may be committed to the county jail. No person shall be committed
pending a hearing for a longer period than 24 hours, except where
Sunday intervenes.
Upon judgment against any person by summary conviction, or by
proceedings by summons, on default of the payment of the fine or penalty
imposed and the costs, the defendant may be sentenced and committed
to a suitable lockup for a period not exceeding five days, or to the
county jail for a period not exceeding 30 days.
If the fine or penalty for violation of any provision of this
Code, or Borough ordinance, is not specified in the Code or the ordinance,
or by the laws of the commonwealth, the fine shall be up to $600 for
each single violation.
In case the defendant has goods or property of any kind whatsoever,
out of which the judgment and costs may be collected by execution
or other process, the Borough may elect to collect the judgment and
costs by such proceedings.
When a prisoner shall be committed to any county jail either
for the nonpayment of a fine or penalty imposed for the violation
of any provision of this Code or for any Borough ordinance, the costs
of the proceedings and the expense of maintaining such prisoner during
his or her confinement shall be paid by the Borough and the county
shall not be liable for any such maintenance or to any person for
any costs in such proceedings.