[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 12-10-1984 by Ord. No.
882, approved 12-10-1984; amended in its entirety 1-5-1987 by Ord. No. 931, approved 1-5-1987. Subsequent amendments noted where applicable.]
[Amended 7-7-1997 by Ord.
No. 1102, approved 7-7-1997; 3-8-2011 by Ord. No.
1277, approved 3-8-2011]
A.
Chief of Police. Any Police Chief of the Borough originally appointed
and employed after the effective date of this section must be a bona
fide resident of the Borough of Middletown, except at the time of
such appointment or employment, when they need not be a resident of
the Borough of Middletown, provided that within 15 months after appointment
or employment, they shall establish a residence and remain during
their tenure a resident of the Borough of Middletown. A Police Chief
of the Borough originally appointed and employed prior to the effective
date of this section shall be exempt from the requirement of residency
in the Borough so long as they remain during their tenure as Police
Chief a resident of the Middletown Area School District.
B.
Borough Manager. The Borough Manager must be a bona fide resident
of the Borough of Middletown, except at the time of appointment or
employment, when they need not be a resident of the Borough of Middletown,
provided that within 15 months after appointment or employment, they
shall establish a residence and remain during their tenure as Borough
Manager a resident of the Borough of Middletown.
In determining the residence of a person, the following rules
shall be followed so far as they may be applicable:
A.
That
place shall be considered the residence of a person in which his or
her habitation is fixed and to which, whenever he or she is absent,
he or she has the intention of returning.
B.
A
person shall not be considered to have changed his residence who leaves
his or her home for another place of abode for temporary purposes
only, with the intention of returning.
C.
A
person shall not be considered to have gained a residence in any place
into which he or she comes for temporary purposes only, without the
intention of making such place his permanent place of abode.
D.
The
place where the family of a married man or woman resides shall be
considered to be his or her place of residence, except where the husband
and wife have actually separated and live apart, in which case the
place where he or she has resided for two or more months shall be
considered and held to be his or her place of residence.
A.
An
individual may make a request for a waiver. Such request shall be
submitted, in writing, to the Borough Council. The Borough Council
shall review the request and, upon reaching a decision, shall notify
the individual, in writing, of its decision.
B.
A
waiver, once granted, shall continue in effect for a period of six
months. The waiver may be renewed by the Borough Council for an additional
six-month period.
