[HISTORY: Adopted by the Board of Supervisors of the Township of North Franklin as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-20-1996 by Ord. No. 2-1996 (Ch. 1, Part 8, of the 1988 Code of Ordinances)]
This article shall be known and may be cited as the "Umbrella Civil Penalty Ordinance."
This article is enacted to conform with the Township Code, Act 60 of 1995,[1] which replaces the 1947 Township Code and requires that all penalties created by municipal ordinance be civil in nature.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
The following chapters contain penalties which are criminal in nature; those sections outlining the criminal penalty being specifically referenced:
Chapter 100, Alcoholic Beverages:
Article I, Public Consumption, § 100-5
Chapter 106, Amusement Devices, § 106-8
Chapter 112, Animals, §§ 112-7, 112-14 and 112-18
Chapter 120, Buildings, Dangerous, § 120-9
Chapter 129, Open Burning, § 129-8
Chapter 148, Curfew, §§ 148-104, 148-107
Chapter 190, Fire Prevention, § 190-2
Chapter 269, Nuisances:
Article I, Storage of Machinery and Equipment, § 269-7
Chapter 290, Peddling and Soliciting:
Article I, Transient Retail Merchants, § 290-9
Chapter 220, Grass and Weeds, § 220-3
Chapter 307, Property Maintenance:
Article I, General Regulations, § 307-14
Chapter 316, Public Property, § 316-10
Chapter 345, Sewers and Sewage Disposal:
Article I, Sewer Use and Rates, § 345-7
Article II, Sewer Connections, § 345-17
Article V, Holding Tanks, § 345-54
Chapter 364, Solid Waste:
Article I, Refuse Collection, § 364-4
Article II, Disposal,§ 364-11
Article III, Dumpsters Required at Apartment House, § 364-17
Article IV, Waste Haulers, § 364-24
Chapter 385, Streets and Sidewalks:
Article I, Street Excavations and Obstructions, § 385-6
Article II, Access Roads to Small Subdivisions, § 385-12
Article III, Deposit of Materials or Debris, § 385-16
Chapter 425, Vehicles and Traffic:
Article I, General Regulations, §§ 425-4, 425-5, 425-6, 425-7
Article II, Traffic Regulations, §§ 425-10, 425-11, 425-12, 425-13, 425-14, 425-15, 425-16, 425-17, 425-18, 425-19, 425-20, 425-21, 425-22, 425-23 425-24 and 425-25
Article III, Restrictions on Size, Weight, Type of Vehicle and Load, §§ 425-28, 425-29, 425-30 and 425-31
Article IV, General Parking Regulations, § 425-40
Article V, Removal and Impoundment of Illegally Parked Vehicles, § 425-49
Chapter 390, Subdivision and Land Development, § 390-901
Chapter 400, Taxation:
Article I, Mercantile Tax, § 400-8
Article II, Earned Income and Net Profits Tax, § 111[1]
Article IV, Per Capita Tax, § 400-40
Chapter 441, Vehicles, Recreational, § 441-8
Additional References to 1988 Code of Ordinances
Chapter 6, Conduct:
Part 2, Noise, § 202[2]
Part 3, High Powered Rifles, § 305[3]
Chapter 7, Fire Prevention and Fire Protection:
Part 2, Fireworks, § 203[4]
Chapter 8, Floodplains, § 211[5]
Chapter 10, Health and Safety:
Part 3, Storage of Motor Vehicles, § 307[6]
Chapter 13, Licenses, Permits and General Business Regulations:
Part 3, Alarm System Permits, § 302[7]
Chapter 24, Taxation, Special:
Part 3, Occupational Privilege Tax, § 309[8]
Chapter 27, Zoning, § 702[9]
[1]
Editor's Note: So in original.
[2]
Editor's Note: Chapter 6, Part 2, of the 1988 Code of Ordinances was superseded 8-12-2010 by Ord. No. 4-2010. See now Ch. 262, Art. I.
[3]
Editor's Note: Chapter 6, Part 3, of the 1988 Code of Ordinances was repealed 7-9-2019 by Ord. No. 10-2019.
[4]
Editor's Note: Chapter 7, Part 2, of the 1988 Code of Ordinances was repealed 11-13-2018 by Ord. No. 3-2018. See now Ch. 197.
[5]
Editor's Note: Chapter 8 of the 1988 Code of Ordinances was superseded 9-23-2015 by Ord. No. 3-2015. See now Ch. 205.
[6]
Editor's Note: Chapter 10, Part 3, of the 1988 Code of Ordinances was superseded 12-8-2010 by Ord. No. 3-2010. See now Ch. 269, Art. II.
[7]
Editor's Note: Chapter 13, Part 3, of the 1988 Code of Ordinances was repealed at time of adoption of Code.
[8]
Editor's Note: Chapter 24, Part 3, of the 1988 Code of Ordinances was superseded 2-16-2005 by Ord. No. 1-2005. See now Ch. 400, Art. IX.
[9]
Editor's Note: Chapter 27 of the 1988 Code of Ordinances was superseded 9-11-2018 by Ord. No. 1-2018. See now Ch. 460.
The language in the ordinances identified in § 1-3 shall be and is hereby repealed only insofar as it refers to the criminal nature of any violation of the ordinance and any penal action, specifically imprisonment.
All fines set forth in the ordinances identified in § 1-3 shall remain, but shall hereinafter be deemed a civil penalty as a result of a civil violation rather than a criminal penalty as a result of a criminal violation.
To the extent that any of the ordinances mentioned in § 1-3 do not set a fine, any person violating the provisions of that ordinance shall, upon determination that a violation has incurred, either by a police officer or Code Enforcement Officer, be subject to a civil penalty of a fine of $500.
Notice of the civil fine shall be served upon the violator by registered mail and/or first class mail with a certificate of mailing and/or personal delivery by a police officer, Code Enforcement Officer or animal control officer, which assessment shall notify the violator of:
A. 
The ordinance involved, with the specific violation.
B. 
The amount of the fine.
C. 
The time within which the civil penalty is to be paid.
D. 
The consequence of failure to pay the fine by the date due. Should the civil fine not be paid by the date due as set forth in the notice, then the police officer, Code Enforcement Officer and/or animal control officer may initiate a civil complaint before the Magisterial District Judge in and for the Township of North Franklin.
[Adopted 12-8-2020 by Ord. No. 9-2020]
Pursuant to Section 1601(d) of the Second Class Township Code [53 P.S. § 66601(d)], the codification of a complete body of legislation for the Township of North Franklin, County of Washington, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 460, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of North Franklin, which shall be known and is hereby designated as the "Code of the Township of North Franklin," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of the 1988 Code of Ordinances or ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of North Franklin, and it is the intention of said Board of Supervisors 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 § 1-10 below, and only new or changed provisions, as described in § 1-13 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-22 below.
A. 
Repeal of inconsistent ordinances. Except as provided in § 1-11, 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 § 1-22; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of North Franklin 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 Board of Supervisors of the Township of North Franklin has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:
(1) 
Former Chapter 1, Part 7, Director of Operations, of the 1988 Code of Ordinances.
(2) 
Former Chapter 1, Part 3C, Police Pension Committee, of the 1988 Code of Ordinances.
(3) 
Former Chapter 1, Part 2A, Police Department, of the 1988 Code of Ordinances.
(4) 
Former Chapter 13, Part 3, Alarm Systems Permits, of the 1988 Code of Ordinances.
The adoption of this Code and the repeal of ordinances provided for in § 1-10 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 § 1-10 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 14, 2020.
B. 
Any right or liability established, accrued or incurred under any legislative provision of the Township 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 Township 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 Township.
E. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township 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 Township or other instruments or evidence of the Township'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 Township.
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.
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 providing for the making of public improvements.
O. 
Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee.
P. 
Any ordinance concerning changes and amendments to the Zoning Map.
Q. 
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
R. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township.
S. 
Any currently effective ordinance providing for intergovernmental cooperation or establishing an intermunicipal agreement.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-11A 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.
In compiling and preparing the ordinances of the Township for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
A. 
Nomenclature changes and revisions.
(1) 
The terms "Justice of the Peace," "District Justice," "District Magistrate" or "Magistrate" are changed to "Magisterial District Judge."
(2) 
"Department of Community Affairs" is changed to "Department of Community and Economic Development."
(3) 
"Department of Environmental Resources" is changed to "Department of Environmental Protection" or "Department of Conservation and Natural Resources."
(4) 
"Department of Highways" is changed to "Department of Transportation."
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 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 Township Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Township Secretary, as provided by law, and such certified copy or copies shall remain on file in the office of the Township 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 Board of Supervisors 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 Township 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 Township Secretary for the use of the public. All changes in said Code and all legislation adopted by the Board of Supervisors subsequent to the effective date of this codification which the Board of Supervisors 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 Township Secretary, pursuant to law, shall cause to be published in the manner required a notice of the introduction of the Code in a newspaper of general circulation in the Township. The enactment and application of this ordinance, coupled with the publication of the notice of 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 Township 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 Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township 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 Township 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 Board of Supervisors 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 five days after adoption of this ordinance.