Pursuant to Section 3301.5 of the Borough Code (8 Pa.C.S.A. § 3301.5), the body of ordinances of a general and permanent nature and certain resolutions of the Borough of McKees Rocks as revised, codified and consolidated 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 McKees Rocks, which shall be known and is hereby designated as the "Code of the Borough of McKees Rocks," hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments.
[HISTORY: Adopted by the Borough Council of the Borough of McKees Rocks as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-2025 by Ord. No. 1788]
A.
A copy of the Code has been filed in the office of the Borough Secretary and shall remain there for use and examination by the public until final action is taken on this ordinance. Following adoption of this ordinance such copy shall be certified to by the Borough Secretary, as provided by law, and such certified copy shall remain on file in the office of the Borough Secretary, to be made available to persons desiring to examine the same during all times while said Code is in effect.
B.
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Borough of McKees Rocks" shall be understood and intended to include such additions and amendments.
The Borough Secretary shall cause to be published in the manner required by law a notice of the introduction and of the adoption of the Code in a newspaper of general circulation in the Borough. The enactment of this ordinance, coupled with the publication of the notice of introduction, the availability of a copy 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.
Each section of this ordinance and of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
A.
Ordinances of a general and permanent nature, or parts thereof, that are inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of McKees Rocks 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 McKees Rocks has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:
(1)
Ordinance No. 966, Dumping and Littering in Streets, adopted March 9, 1937, as amended by Ord. No. 1447.
(2)
Ordinance No. 1222, Brush, Grass and Weeds, adopted April 14, 1964, as amended by Ord. No. 1445.
(3)
Ordinance No. 1310, Entertainment, adopted September 11, 1973.
(4)
Ordinance No. 1322, Recreation Board, adopted April 22, 1974.
(5)
Ordinance No. 1343, Health Clubs; Massage Technicians, September 14, 1976.
(6)
Ordinance No. 1365, Retirement Age for Officers and Employees, adopted September 12, 1978.
(7)
Ordinance No. 1376, Obscenity and Pornography, adopted September 11, 1979, as amended by Ord. No. 1378.
(8)
Ordinance No. 1408, Residency Requirements, adopted March 9, 1982, as amended by Ord. No. 1565.
(9)
Ordinance No. 1433, Ordinance Enforcement Officer, adopted February 14, 1984.
(10)
Ordinance No. 1452, Transportation and Storage of Hazardous Materials, adopted March 12, 1985, as amended by Ord. Nos. 1482 and 1560.
(11)
Ordinance No. 1456, Tax Exemption for Improvements to Deteriorated Properties, adopted May 14, 1985, as amended by Ord. No. 1466.
(12)
Ordinance No. 1465, Speed-Timing Devices, adopted June 11, 1986.
(13)
Ordinance No. 1574, Signs Posted to Identify Violations, adopted April 14, 1998.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 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 § 1-5 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 November 12, 2024.
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.
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 Borough 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 Borough.
S.
Any currently effective ordinance providing for intergovernmental cooperation or establishing an intermunicipal agreement.
T.
Ordinance No. 1371, regarding Equal Opportunity in Housing.
A.
In compiling and preparing the ordinances and certain 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.
Nomenclature. Throughout the Code the following terms have been updated:
(1)
"Justice of the Peace," "District Justice," "District Magistrate" or "Magistrate" is changed to "Magisterial District Judge."
(2)
"Department of Community Affairs" is changed to "Department of Community and Economic Development."
(3)
U.S. Department of Agriculture's "Soil Conservation Service (SCS)" is changed to "Natural Resources Conservation Service (NRCS)."
(4)
"Department of Environmental Resources" is changed to "Department of Environmental Protection" or "Department of Conservation and Natural Resources."
(5)
"Department of Public Welfare" is changed to "Department of Human Services."
(6)
"Department of Highways" is changed to "Department of Transportation."
(7)
"Federal Insurance Administration" is changed to "Federal Insurance and Mitigation Administration."
(8)
"Building Inspector," "Building Official," and "Code Enforcement Officer" will be changed to "Building Code Official/Code Enforcement Officer."
(9)
"Burgess" is changed to "Mayor."
C.
Statutory reference updates. Pursuant to Act 37 of 2014, the Borough Code (53 P.S. § 45101 et seq., as recodified in 2012 by Act 43) was repealed, and its provisions moved to Part I of Title 8, "Boroughs and Incorporated Towns," of the PA Consolidated Statutes (8 Pa.C.S.A. § 101 et seq.). Borough Code references in the Code have been renumbered as needed.
D.
In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-7D, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 7-8-2025 by Ord. No. 1788." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
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.
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, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this ordinance in equity in the Court of Common Pleas of Allegheny County.
All provisions of this ordinance and of the Code shall be in force and effect upon adoption of this ordinance.
[Adopted 7-8-2025 by Ord. No. 1788]
As used in this article, the following terms shall have the meanings indicated:
May include Borough police officers, the Zoning Code Official, the Building Code Official/Code Enforcement Officer, or other persons so deputized or directed by Borough Council to enforce its laws and ordinances.
The person or persons, natural or legal, personally observed by the Borough officer violating the applicable ordinance provision or code; or
The record owner of real estate or his/her/its duly registered agent of property; or
The tenant of real estate where the record owner can prove that the tenant is legally responsible through a valid lease or other enforceable writing; or
Where the record owner of real estate is not known or available, the equitable owner of the property shall be deemed to be the responsible party; or
Other person, natural or legal, otherwise assigned or responsible agent of the responsible party.
A Borough instrument created pursuant to this article notifying the responsible party of a relevant violation of the Borough of McKees Rocks Borough Code with associated fines as adopted by Borough Council. A violation ticket is an offer by the Borough of McKees Rocks extended to settle a violation by paying the fine in lieu of a citation being issued against the violator. No remediation period is offered with this type of notice.
The Borough may communicate a violation of the Code of the Borough of McKees Rocks, or other legal authority, in the form of a notice of violation, a violation ticket or a nontraffic citation (collectively referred to as "notice") where such violation could, upon admission or conviction, constitute a summary offense. Such notice shall be provided by an appropriate Borough officer as provided herein.
A.
Upon the determination that a relevant code or law has been violated, a Borough officer may notify the responsible party of the violation in the form of a notice of violation, a violation ticket or a nontraffic citation ("notice").
B.
A notice shall:
(1)
Be in writing; and
(2)
Include a brief description of the time/date/location of the violation inspected; and
(3)
Specify the violation which exists with reference to the applicable ordinance provision or code; and
(4)
State the amount of the fine; and
(5)
Where applicable, describe the time period for remediation; and
(6)
Include a statement regarding the right of appeal or other judicial process.
A.
Notice shall be served upon the responsible party in the following manner:
(1)
By personally serving to the responsible party; or
(2)
By personally serving at the residence of the responsible party to an adult member of the family with which he/she resides, but if no adult member of the family is found, then to an adult person in charge of such residence; or
(3)
By personally serving at any office or usual place of business of the responsible party, his/her/its agent or to the adult person for the time being in charge thereof; or
(4)
By mailing the notice to the last known address of the responsible party by certified mail, return receipt requested, and if returned as unclaimed, to be sent by first-class mail; or
(5)
Other method permitted by relevant Pennsylvania law or Borough ordinance.
B.
If any person to whom the notice of violation is directed cannot be served in the above manner, the Borough officer shall briefly note the appropriate facts in the file and shall make service upon such person by posting the notice of violation in a conspicuous place on the premises described in the notice.
C.
For the purposes of this section, a person "cannot be served" when the person to be served has no residence or office or usual place of business within the Borough and the mailed notice is returned undeliverable; or when the notice cannot be served under Subsection A(1), (2) or (3) hereof after two trips on two separate days to the residence or office or usual place of business of the responsible party and if the mailed notice of violation is returned undeliverable.
D.
Notwithstanding the above service requirements, any notice relating to a motor vehicle may be made by affixing the notice to the vehicle under the front windshield wiper or other location on the vehicle reasonably believed to be conspicuous to a driver.
E.
Notwithstanding the above service requirements, any notice relating to a property maintenance code or related property-oriented violation may be made by:
F.
Nothing herein shall otherwise limit the scope and manner of service of notice of criminal matters by the Police Department.
G.
Nothing herein shall limit the reasonable discretion of Borough officials to issue warnings in lieu of notices. Failure of a Borough official or exercise of discretion shall not relieve a responsible party from compliance or future compliance.
A.
The maximum daily fines for specific ordinances herein shall be set forth in the relevant Borough ordinance, as may be amended from time to time, by resolution where so authorized, or in the Borough Fee Schedule, as adopted by the Borough Council and as amended from time to time by resolution.
B.
Where a violation ticket is issued by the Borough officer, the violation ticket may provide for a fine per violation of ordinance in an amount less than the maximum daily fine, provided that the responsible party pays the violation ticket as herein provided.
(1)
Tickets that remain unpaid seven days after notice may be converted into a nontraffic citation, which, upon conviction, shall carry the full maximum daily fine provided by specific ordinance.
(2)
Violation ticket fines may be incorporated into the Borough Fee Schedule by resolution as adopted by the Borough Council, as amended from time to time.