Chapter 1 – Administration and Government

Part 1: Elected Officials and Meetings

A. Council Meetings.

§1-101.     Meetings.

1. Regular Meetings. The regular and stated meeting of Borough Council shall be held on the first Wednesday of each month at 7:30 p.m., prevailing time, in the municipal building located at Eighth and Main Streets, in the Port Royal Borough.

2. Special Meetings. Special meetings and/or rescheduled meetings of said Council shall be held whenever necessary. Due notice will be given accordingly.

3. conduct of Meetings. All meetings of the Council of the Borough of Port Royal, County of Juniata, Commonwealth of Pennsylvania will be conducted in accordance with Act No. 175, approved the nineteenth day of July, A.D. 1974, as amended.

(Ord. 1975-1, 1/2/1975, § 1-3; as amended by Ord. 2003-02, 12/3/2003, § 1)

B. Compensation of Councilmen and Mayor.

§1-111.     Short Title.

This part shall be known and cited as the “Borough Councilmen/Mayor Compensation Ordinance.”

(Ord. 1987-1, 12/3/1987, §1)

§1-112.     Purpose.

This Part is enacted for the purpose of providing and fixing compensation for Councilmen and the Mayor of the Borough of Port Royal, Juniata County, Pennsylvania.

(Ord. 1987-1, 12/3/1987, §2)

§1-113.     Compensation

1. Council Member.

A. Each Council Member of Port Royal Borough who takes office or is appointed on or after January 6, 1997, shall receive compensation at the rate of $525 per calendar year to e paid in quarterly installments; provided, said Council Member attends 11 duly advertised regular or special public Council meetings.

B. Each Council Member of Port Royal Borough who takes office or is appointed on or after January 6, 1997, who attends less than 11 Council meetings each calendar year shall receive compensation at the rate of $43.75 for each meeting attended to be paid in quarterly installments.

2. Mayor. The Mayor of Port Royal who takes office or is appointed on or after January 6, 1997, shall receive compensation at the rate of $750 per calendar year to be paid in quarterly installments.

(Ord. 1987-1, 12/3/1987, §3; as amended by Ord. 1997-1, 1/8/1997, §1)

Part 2: Planning Commission

§1-201.     Commission Established.

A planning Commission is hereby established for the Borough of Port Royal as provided for in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended. Said Commission hereby established shall hereafter be known as the “Port Royal Planning Commission”.

(Ord. 1975-4, 12/4/1975, §1)

§1-202.     Composition of Commission.

The Port Royal Planning Commission shall consist of seven persons who shall be residents of this Borough. Said members shall serve without compensation, but may be reimbursed for necessary and reasonable expenses incurred in the performance of their duties.

(Ord. 1975-4, 12/4/1975, §2; as amended by Ord.1976-12, 12/16/1976, §1)

§1-203.     Term of Membership.

All members shall be appointed by resolution of the Borough Council, the term of each member shall be for 4 years or until his successor is appointed and qualified, except that the terms of the members first appointed, no more than two shall be reappointed or replaced during any future calendar year.

(Ord. 1975-4, 12/4/1975, §2; as amended by Ord.1976-12, 12/16/1976, §2)

§1-204.     Powers and Duties.

The powers and duties of the Planning Commission shall include, but may not necessarily be limited to, those powers and duties as set forth in Act 247 of 1968, as amended and referred to in 53 P.S. §10101 et seq.

(Ord. 1975-4, 12/4/1975, §4)

Part 3: Police Department

§1-301.     Accident Reports.

1. Accident reports completed by the Port Royal Borough Police Department shall be available only to persons authorized by §3761(b) of the Pennsylvania Vehicle Code ad shall include only persons involved in the accident, their attorney or insurer, the Federal Government, branches of the military service, Commonwealth agencies, officials of political subdivisions and agencies of other States and nations and their political subdivisions.

2. Accident reports shall be produced to the aforesaid individuals and entities only under the following conditions:

     A. Written application therefor shall be made on a form, a copy of which is attached hereto. ^1

     B. Said form shall be accompanied by a check made payable to Port Royal Borough in an amount to be established, from time to time, by resolution of Borough Council. [Ord. 2003-02, 12/3/2003, §4]

(Res. 2001-3, 7/11/2001; as amended by Ord. 2003-02, 12/3/2003, §1)

^1 – Editor’s Note: Application form is available at the Municipal building. 

Chapter 2 – Animals

Part 1: Keeping of Certain Animals

§2-101.     Definitions.

1. As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

ANIMAL – any domestic animal or fowl, any wild animal or any household pet.

DOMESTIC ANIMAL – any animal normally or ordinarily domesticated or raised in this area and climate as livestock or for work or breeding purposes or normally or ordinarily kept as a household pet.

HOUSEHOLD PET – any dog, cat, or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.

PERSON – every natural person, firm, partnership, association, other form of unincorporated enterprise owned by two or more persons or corporations. Whenever used in any subsection prescribing and imposing a penalty, or both, the terms “person” when applied to firms, partnerships, or associations shall mean the partners r members therof and when applied to corporations, the officers thereof.

WILD ANIMAL – any animal, including mountain lions, bears, tigers, deer, snakes, birds or any other bird, fowl, reptile not normally or ordinarily domesticated, not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes or not capable of being kept as a household pet.

2. In this Part, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine.

(Ord. 1999-3, 6/2/1999, §1)

§2-102.     Certain Animals Prohibited.

It shall be unlawful for any person to keep any cows, horses, sheep, goats, pigs, hogs, swine, chickens, or turkeys at any place within the Borough of Port Royal except as provided in this Section.

A. Animals may be present within the Borough of Port Royal during the annual Juniata County Fair; provided, the keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animals from running at large and such enclosure shall be of a size and construction conducive to the animals’s health and adequate sanitary drainage facilities shall be provided.

B. Animals may be present within the Borough of Port Royal during properly scheduled events at the Juniata County fairgrounds including, but not limited to, horse shows; provided the keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animals from running at large and such enclosure shall be of a size and construction conducive to the animals health and adequate sanitary drainage facilities shall be provided.

C. Animals may be present within the Borough of Port for any scheduled agricultural event or parade; provided, every keeper of any animal shall cause the litter and droppings  therefrom  to be collected promptly in a container or receptacle that when closed shall be rat proof and fly-tight and after every such collection shall cause such container or receptacle to be kept closed and properly disposed.

(Ord. 1999-3, 6/2/1999, §2)

§2-103.     Household Pets.

It shall be unlawful for any person to keep any household pet, except as provided in this Section:

A. If any such pet shall be kept dwelling owned or occupied by its owner such owner shall be required to follow such procedures and practices, as to the number of such pets to be kept there and as to sanitation, to ensure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created.

B. If any such pet shall be kept in an enclosure outside such dwelling, the provision of §2-102 of this Part, insofar as the same applies to small animals, shall be applicable to the keeping of such household pet.

(Ord. 1999-3, 6/2/1999, §3)

§2-103.     Noise Disturbances.

It shall be illegal within the Borough of Port Royal for any person or persons to own, possess, harbor, or control any animal or bird which makes any noise continuously and/or  incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person any tie of the day or night regardless of whether the animal or bird is physically situated in or upon private property, said noise being a nuisance; provided, that at the time the animal or bird is making such noise no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated nor is there any other legitimate cause which justifiably provoked the animal or bird. This provision shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from nuisance suits by Act No. 1982-133.

(Ord. 1999-3, 6/2/1999, §4)

§2-104.     Violation of State Law.

Any violation of this Part that would also violate any State law shall be prosecuted under that State law and not under this Part.

(Ord. 1999-3, 6/2/1999, §5)

§2-105.     Penalties.

Any person, firm, or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 1999-3, 6/2/1999, §6; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 2: Animal Defecation

§2-201.     Definition.

For the purposes of this Part, the term “domestic animal” includes, but is not limited to, dogs cats, and horses.

(Ord. 2003-02, 12/3/2003, §1)

§2-202.     Animal Defecation on Public and Private Property Restricted.

No person having possession, custody, or control of any domestic animal, shall knowingly, or negligently permit any domestic animal to commit any nuisance, i.e., defecation upon the gutter, street, driveway, alley, curb, or sidewalk in Port Royal Borough, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs, or stairways of any building abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private property other than the property of the owner of such domestic animal.

(Ord. 2003-02, 12/3/2003, §1)

§2-203.     Disposal of Animals Feces.

Any person having possession, custody, or control of any domestic animal animal which commits a nuisance, i.e., defecation, in any area other than the private property of the owner of such domestic animal, as prohibited in §2-202, shall be required to immediately remove any feces from such surface an either:

A. Carry same way for disposal in a toilet; or

B. Place same in a non-leaking container for deposit in a trash or litter receptacle.

(Ord. 2003-02, 12/3/2003, §1)

§2-204.     Dogs Accompanying Blind or Handicapped Persons Exempted.

The provisions of §2-202 §2-203 hereof shall not apply to a guide dog accompanying any blind person or to a dog used to assist any other physically handicapped person.

(Ord. 2003-02, 12/3/2003, §1)

§2-205.     Penalties.

Any person, firm, or corporation, who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 2003-02, 12/3/2003, §1)

Chapter 3 – Bicycles

(Reserved to Accommodate Future Enactments)

Chapter 4 – Buildings

Part 1: Numbering of Buildings

§4-101.     Building Numbers.

It shall be the duty of each and every owner, trustee, and/or agent of each house and/or building within the limits of the Borough of Port Royal, Juniata County, Pennsylvania (the word house and/or building as used in this Part means any structure used or intended to be used as a dwelling, place of business, industry, public building, or place of worship, which fronts on public street, alley, or highway, but shall not include any accessory building located upon such lot where there is also a main building) shall number the same at his or her own expense in such manner and within such time as hereinafter is in accordance with this Part and the system and plan hereby adopted and approved.

(Ord. 1975-3, 4/3/1975, §1)

§4-102.     Regulation.

On and after the passage of this Part the numbers shall be placed in a conspicuous place on every house ad/or building in a conspicuous manner so that said number can be readily seen and read from the sidewalk in front of said building, in full view from the opposite side of the street. The numbers shall be Arabic numerals and shall be of metal or enamel, at least 3 inches in height. The color shall be in contrast with the immediate background. It shall be unlawful to cover any house and/or building when a new number and all old numbers shall be removed from any house and/or building when a new number has been assigned and when so notified by the Secretary of Council is hereby authorized to require the numbering and renumbering of any house and/or building in accordance with this Part.

(Ord. 1975-3, 4/3/1975, §2)

§4-103.     Numbering System.

The system of determining the numbers assigned to every house/or building withing the limits of the Borough of Port Royal, Juniata County, Pennsylvania, shall be as follows:

A. Streets, alleys, and highways extending north and south:

     (1) Market Street and the Norfolk  Southern Railroad shall be the line beginning for the numbering of every house and/or building on all parallel streets, alley, or highways extending south to the Borough line, odd numbers to be assigned to every house and/or building situated on the east side of said streets, alleys, or highways  extending south and even numbers to be assigned to every house and/or building situated on the west side of said streets, alleys, or highways extending south.

B. Streets, alleys, or highways extending east and west:

     (1) First Street from Milford Street extending east to the Borough line, odd numbers to be assigned to every house  and/or building situated on the north side of First Street and even numbers to be assigned to every house and/or building situated  on the south of First Street.

     (2) Market Street shall be the dividing line between east and west. Market Street and Second street shall be the line of beginning for numbering of every and/or building on all streets, alleys, or highways parallel to Second Street  and extending east and west to the Borough  line/ Streets east from Market Street, odd numbers to be assigned to every house and/or building situated on the north side and even number to be assigned to ever house and/or building situated on the south side of said streets, etc. Streets west from Market Street, odd numbers to be assigned to every house and/or building situated on the south side and even numbers to every house and/or building situated on the north side of said streets, etc.

     (3) This procedure applies to all streets, alley, or highways in the Borough of Port Royal and those hereafter taken in b the Borough of Port Royal.

(Ord. 1975-3, 4/3/1975, §3; as amended by Ord. 2003-02, 12/3/2003, §1)

§4-104.     Assignment of Numbers.

1. The assignment of numbers to every house and/or building in accordance with the provisions of this Part shall be under the direction and control of the Borough Council and shall proceed at once after the passage of this Part.

2. All members assigned in accordance with the provisions of this Part shall be available only to the owners, trustee, and/or agent of the house and/or building upon application to the Borough Council.

(Ord. 1975-3, 4/3/1975, §4)

§4-105.     Penalties.

1. Fines. Any owner, trustee, and/or agent who fails to place on his or her house and/or building the number assigned by the Borough Council to such house and/or building or any person or persons who shall number or attempt to number any house and/or building contrary to this Part and the plan hereby approved and adopted or who shall alter, deface, remove, or destroy any number required to be displayed by this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $10 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2003-02, 12/3/2003, §1]

2. Any owner, trustee, or agent, or person who shall fail or neglect to erect their house and/or building number in accordance herewith, withing 30 days after formal notification, in writing, by the Borough Secretary, at the direction of the Borough Council shall, upon conviction thereof, be sentenced to pay a fine of not less than $10 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2003-02, 12/3/2003, §1]

3. Placement of Numbers by Borough. In addition to the fine herein provided, if any owner, trustee, or agent of a house and/or building shall fail within 90 days after the effective date of this Part to place thereon the number assigned thereto under the provision of this Part, the Borough Council shall have placed such number thereon and all costs of placing such number thereon shall be certified to the Borough Solicitor who shall enter the same as lien against the premises in the Court of Common Pleas of Juniata County, Pennsylvania, which shall be collectible in the same manner as other municipal claims are collectible or, in lieu thereof, the Borough Solicitor may bring an action in assumpsit in the name of the Borough of Port Royal against such owner, trustee, or agent to recover the costs of placing such number.

(Ord. 1975-3, 4/3/1975, §5; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 2: Nuisances and Dangerous Structures

§4-201.     Definitions.

1. As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

BUILDING – an independent structure having a roof supported by columns or walls resting on its own foundation and includes dwelling, garage, barn, stable, shed, greenhouse, mobile home, plant, factory, warehouse, school, or similar structure.

DANGEROUS BUILDING – all buildings or structures which have any or all of the following defects shall be deemed dangerous buildings:

     A. Those whose interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

     B. Those which, exclusive of the foundation, show damage or deterioration to 33% of the supporting member or members, or damage or deterioration to 50% of the non-supporting enclosing or outside walls or covering.

     C. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

     D. Those which have been damaged by fire, wind,, or other causes so as to be dangerous to life, safety, or the general health and welfare of the occupants or the public.

     E. Those which are so damaged, dilapidated, decayed, unsafe, unsanitary, vermin infested, or which utterly fail to provide the amenities essential to decent living that they are unfit human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety, or general welfare of those living therein.

     F. Those which have parts thereof which are so attached that they may fall and injure property or members of the public.

     G. Those which lack illumination, ventilation, or sanitation facilities or because of another condition are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the occupants or the public.

     H. Those which because of their location are unsanitary or otherwise dangerous to the health or safety of the occupants or the public.

     I. Those existing in violation of any provision of the building code, fire prevention code, or other ordinances of the Borough.

DWELLING – any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.

DWELLING UNIT – any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living or sleeping by human occupants.

EXTERMINATION – control and elimination of insects, rodents, or other pests by eliminating their harborage places, removing or making inaccessible, materials that may serve as their food, poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods.

GARBAGE – animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.

INFESTATION – presence, within or around a dwelling, of any insects, rodents or other pests.

OWNER – person who, alone or jointly, or severally with others:

     A. Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof.

     B. Shall have charge, care, or control of any dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, or guardian of the estate  of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Part and with rules and regulation adopted pursuant thereto, to the same extent as if he were the owner.

PERSON – any individual, firm, corporation, association, or partnership, or other legal entity.

PROPERTY – a piece, parcel, lot or tract of land.

RUBBISH – combustible and noncombustible waste materials, except garbage, including residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust.

STRUCTURE – any thing constructed or erected with a fixed or ascertainable location on the ground or in water, whether or not affixed to the ground or anchored in the water, including buildings, walls, fences, platforms, docks, wharves, billboards, signs, and walks.

2. Whenever the words “dwelling”, “dwelling unit”, or “premises” are used in this Part, they shall be contrued as though they were followed by the words “or any part thereof”.

§4-202.     Dangerous Buildings Declared Nuisances.

All dangerous buildings within the terms of §4-201 of this Part are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein provided.

(Ord. 76, 7/26/1962, §1; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-203.     Standards for Repair, Vacation, or Demolition.

The following standards shall be followed in substance by the Code Enforcement Officer of the Borough in ordering repair, vacation, or demolition:

     A. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms f this Part, it shall be ordered to be repaired.

     B. If the dangerous building is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants, or the public and is so placarded, it shall be ordered to be vacated within such length of time, not exceeding 30 days, as is reasonable.

     C. No dwelling or dwelling unit which has been placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Code Enforcement Officer. The Code Enforcement Officer shall remove such placard whenever the defect or defects upon which the placarding action were based have been eliminated.

     D. If a dangerous building is 50% or more damaged or decayed, or deteriorated from its original condition, if a dangerous building cannot be repaired, so that it will no longer exist in violation of the terms of this Part, or if a dangerous building is a fire hazard existing or erected in violation of the terms of this Part or any ordinance of the Borough or statute of the Commonwealth of Pennsylvania, it shall be ordered to be demolished; provided, he cost of repairs to rectify or remove the conditions constituting the nuisance exceed 50% of  the market value of the building at the time demolition is proposed.

(Ord. 76, 7/26/1962, §1; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-204.     Duties of Code Enforcement Officer.

1. The Code Enforcement Officer shall inspect on a regular basis dwellings, buildings, and structures to determine whether any conditions exist which render such premises dangerous buildings within the terms of §4-201 above.

2. Whenever an inspection discloses that a dwelling, building, or structure has become a public nuisance, the Code Enforcement Officer shall issue a written notice to the person or persons responsible therefor. the notice:

     A. Shall be in writing.

     B. Shall include a statement of the reasons it is being issued.

     C. Shall state a reasonable time to rectify the conditions constituting the nuisance or to remove and demolish the dwelling, building, or structure.

     D. Shall be served upon the owner, or his agent, or the occupant, as the case may require:

          (1) Except in emergency cases and where the owner, occupant, lessee or mortgagee is absent from the Borough, all notices shall be deemed to be properly served upon the owner, occupant or other person having an interest in the dangerous building, if a copy  thereof is served upon him personally, or if a copy thereof is posted in a conspicuous place in or about the structure affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of the Commonwealth.

          (2) Except emergency cases, in all other cases where the owner, occupant, lessee or mortgagee is absent from the Borough, all notices or orders provided for herein shall be sent by registered mail to the owner, occupant and all other persons having an interest in said building, as shown by the records of the County Recorder of Deeds, to the last known address of each and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service.

     E. May contain an outline of remedial action which, if taken, will effect compliance with the provision of this Part and with the rules and regulations adopted of dangerous buildings.

3. Appear at all hearings conducted by the Borough Council and testify as to the condition of dangerous buildings.

(Ord. 76, 7/26/1962, §1; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-205.     Hearings.

1. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part, may request and shall be granted a hearing on the matter before the Borough Council; provided, that such person shall file with the Borough Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the day the notice was served. Upon receipt of such petition, the Borough Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed.

2. After such hearing the Borough Council shall sustain, modify or withdraw the notice. If the Borough Council sustains or modified such notice, it shall be deemed to be an order. Any notice served pursuant to this part shall automatically  become an order if a written petition for a hearing is not filed with the Borough Secretary within 10 days after such notice is served.

3. Any aggrieved party may appeal the final order to the Court of Common Pleas in accordance with the provisions of the Judicial Code, title 42, Pa. C.S.

(Ord. 76, 7/26/1962, §5; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-206.     Removal of Notice Prohibited.

No person shall remove or deface the notice of dangerous building, except as provided in §4-203(C) of this Part.

(Ord. 76, 7/26/1962, §6; as revised by Ord. 2003-02, 12/3/2003, §1)

§4-207.     Emergency Cases.

Whenever the Code Enforcement Officer finds than an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding the other provisions of this Part, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Code Enforcement Officer shall be afforded a hearing as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this Part have been complied with, the Code Enforcement Officer shall continue  such order in effect, or modify or revoke it. The costs of such emergency repair, vacation, or demolition of such dangerous building shall be collected in the same manner as provided herein for other cases.

(Ord. 76, 7/26/1962, §6; as added by Ord. 2003-02, 12/3/2003, §1)

§4-208.     Abatement by Borough.

If the owner, occupant, mortgagee or lessee fails to comply with the order of the Code Enforcement Officer within the time specified in the notice issued by him and no petition for a hearing is file within 10 days thereafter, or following a hearing by the Borough Council where the order is sustained thereby, the Code Enforcement Officer shall cause such building or structure to be repaired, vacated, or demolished, as determined by the Borough Council in accordance with the standards hereinbefore provided. The Borough may collect the cost of such repair, vacation, or demolition together with a penalty of 10% of such cost, in the manner provided by law or the Borough may seek injunctive relief in a court of competent jurisdiction pursuant to the Rules of Civil Procedure.

(Ord. 76, 7/26/1962, §6; as added by Ord. 2003-02, 12/3/2003, §1)

§4-209.     Penalties.

Any person, firm, or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 76, 7/26/1962, §6; as added by Ord. 2003-02, 12/3/2003, §1)

Part 3: Floodplains

A. General Provisions.

§4-301.     Intent.

The intent of this Part is to:

     A. Promote the general health, welfare, and safety of the community.

     B. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

     C. Minimize danger to public health by protecting water supply and natural drainage.

     D. Reduce financial burdens imposed on the community, its governmental units and its residents by preventing excessive development in areas subject to flooding.

(Ord. 1971-1, 11/3/1977, Art I, §101)

§8-102.     Applicability.

1. It shall be unlawful for any person, partnership, business, or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Borough unless an approved building permit has been obtained from the Building Permit Officer.

2. A building permit shall not be required for minor repairs to existing buildings or structures; provided, that no structural changes or modifications are involved.

(Ord. 1971-1, 11/3/1977, Art I, §101)

B. Administration.

§4-311.     Issuance of Building Permit.

1. The Building Permit Officer shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other codes and ordinances.

2. No building permit shall be issued until alll other required permits have been obtained from any other office or agency.

(Ord. 1971-1, 11/3/1977, Art II, §2.01)

§4-312.     Application Procedures.

1. Application for such a building permit shall be made, in writing, to the Building Permit Officer on forms supplied by the Borough. Such application shall contain at least the following:

     A. Name and address of applicant.

     B. Name and address of owner of land on which proposed construction is to occur.

     C. Name and address of contractor.

     D. Site location.

     E.Proposed lowest floor and basement elevations in relation to mean sea level.

     F. Brief description of proposed work and estimated cost.

     G. A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

2. If any proposed construction or development is located within, or adjacent to, any identified flood prone area, applicants for building permits shall also provide the following specific information:

     A. A plan which accurately delineates the area which is subject to flooding, the location of the proposed construction, the location of any other flood prone development or structures, and the location of any existing or proposed stream improvements or protective works. Included shall be all plans for proposed subdivision and land development in order to assure that:

          (1) All such proposals are consistent with the need to minimize flood damage.

          (2) All utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage.

          (3) Adequate drainage is provided so as to reduce exposure to flood hazards.

     B. Such plan shall also include existing and proposed contours, infrmation concerning 100 year flood elevations, velocities, and other applicable information such as pressure impact and uplift forces, associated with the 100 year flood, size of structures, location, and elevations of streets, water supply, and sanitary sewage facilities, soil types, and flood-proofing measures.

     C. A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the 100 year flood elevations, pressures, velocities, impact, and uplift forces and other hydro-static, hydrodynamic, and buoyancy factors associated with the 100 year flood. Such statement shall include a  description of the type and extent of flood proofing measures which have been incorporated into the design of the structure.

(Ord. 1971-1, 11/3/1977, Art II, §2.02)

§4-313.     Other Permit Issuance Requirements.

Prior to the issuance of any building permit the Building Permit Officer shall review the application for permit to determine if all other necessary governmental permits such as those required by State and Federal laws have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act, Dam Safety and Encroachments Act, and the Federal Water Pollution Control Act amendments of 1972, §404, 33 U.S.C. §1334. No permit shall be issued until this determination has been made.

(Ord. 1971-1, 11/3/1977, Art II, §2.03; as amended by Ord. 2003-02, 12/3/2003, §1)

§4-314.     Changes.

After the issuance of a building permit by the Building Permit Officer, no changes of any kind shall be made to the application, permit, or any of the plans, specifications, or other documents submitted with the application without the written consent or approval of the Building Permit Officer.

(Ord. 1971-1, 11/3/1977, Art II, §2.04)

§4-315.     Placards.

In addition to the building permit, the Building Permit Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit, the date of its issuance, and be signed by the Building Permit Officer.

(Ord. 1971-1, 11/3/1977, Art II, §2.05)

§4-316.     Start of Construction.

Work on the proposed construction shall begin within 6 months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Building Permit Officer. Construction shall be considered to have started with the first placement of permanent construction of the site, such as the pouring of slabs or footings or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the fire permanent framing or assembly of the structure or any part thereof on its pilings or foundation or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction does no include land preparation, land clearing, grading, filling, excavation for basement, footings, piers or foundations, erection of temporary forms, the installation of piling under proposed subsurface footings or the installation of sewer, gas, and water pipes or electrical or other service lines from the street. All construction covered by any issued permit shall be completed within 1 year of the date construction started.

(Ord. 1977-1, 11/3/1977, Art II, §2.06)

§4-317.     Inspection and Revocation.

During the construction period, the Building Permit Officer or other authorized official my inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Borough laws and ordinances. In the event the Building Permit Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances or that there has been a false statement or misrepresentation by any applicant, the Building Permit Officer shall revoke the building permit and report such fact to the Borough Council for whatever action it considers necessary.

(Ord. 1977-1, 11/3/1977, Art II, §2.07)

§4-318.     Fees.

Applications for a building permit shall be accompanied by a fee, payable to the Borough, based upon the estimated cost of the proposed construction as determined by the Building Permit Officer in as amount to be established, from time to time, by resolution of Borough Council.

(Ord. 1971-1, 11/3/1977, Art II, §2.08; as amended by Ord. 2003-02, 12/3/2003, §1)

§4-319.     Enforcement.

1. Notices. Whenever the Building Permit Officer or other authorized Borough representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this Part, or of any regulation adopted pursuant thereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall be in writing, include a statement of the reasons for its issuance, allow a reasonable time for the performance of any act it requires, be served upon the property owner or his agent as the case may require; provided however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this State, contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Part or any part thereof and with the regulations adopted pursuant thereto.

2. Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Borough Council; provided, that such person shall file with the Borough Secretary, a written petition requesting such hearing and setting fort a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request  for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Borough Secretary shall set a time a place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced upon application of the petitioner, the Borough Secretary may postpone the date of the hearing for a reasonable time beyond such 10 day period  when, in his judgement, the petitioner has submitted good and sufficient cause for such postponement.

3. Findings and Order. After such hearing the Borough Council shall make findings as to compliance with the provisions of this Part and regulations issued thereunder and shall issue an order, in writing sustaining, modifying, or withdrawing the notice which shall be served as provided in subsection (1) of this Section.

4. Record and Appeals. The proceedings at such hearing, including the findings and decision of the Borough Council and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the Borough, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this Section. Any person aggrieved by a decision of the Borough may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this Commonwealth.

5. Penalties. Any person, firm, or corporation who fails to comply with nay or all of the requirements or provisions of this Part or who fails or refuses to comply with any notice, order or direction of the Building Permit Officer or any other authorized employee of the Borough shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of this Part. The imposition of a fine or penalty for any violation of or noncompliance with this Part shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliances within a reasonable time. Any structure or building constructed, reconstructed, enlarged, altered, or relocated[ in noncompliance with this Part may be declared by the Borough Council to be a public nuisance and abatable as such. [Ord. 2003-02, 12/3/2003, §1]

(Ord. 1971-1, 11/3/1977, Art II, §2.11; as amended by Ord. 2003-02, 12/3/2003, §1)

§4-320.     Appeals.

1. Any person aggrieved by an action or decision of the Building Permit Officer or by any of the requirements of this Part may appeal to the Borough Council. Such appeal must be filed, in writing, within 30 days after the decision or action of the Building Permit Officer. Upon receipt of such appeal, the Borough Council shall set a time and place, within not les than 10 nor more than 30 days, for purpose of hearing the appeal. Notice of the time and place of the hearing the appeal shall be given to all parties, at which time they may appear and be heard.

2. Any person aggrieved by any decision of the Borough Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this Commonwealth.

(Ord. 1971-1, 11/3/1977, Art II, §2.12)

§4-321.     Activities Requiring Special Permits.

1. The provisions of this Section shall be applicable, in addition to any other applicable provisions of this Part or any other ordinance, code, or regulation.

2. Identification of Activities Requiring a Special Permit. In accordance with the Pennsylvania Floodplain Management Act (ACt 1978-166 ) and regulations adopted by the Department of Community and Economic Development as required by the Act, the following obstructions and activities are permitted are permitted only be special permit, if located partially or entirely within any identified floodplain area: [Ord. 2003-02, 12/3/2003, §2]

     A. The commencement of any of the following activities or the construction, enlargement, or expansion of any structure used or intended to be used for any of the following activities:

          (1) Hospitals.

          (2) Nursing homes.

          (3) Jails or prisons.

     B. The commencement of or any construction of a new mobile home park or mobile home subdivison or substantial improvement to an existing mobile home park or mobile home subdivision.

3. Application Requirements. Applicants for special permits shall provide five copies of the following items:

     A. A written request, including a completed building permit application form.

     B. A small scale map showing the vicinity in which the proposed site is located.

     C. A plan of the entire site, clearly and legibly drawn at a scale of 1 inch being equal to 100 feet or less, showing the following:

          (1) North arrow, scale, and date.

          (2) Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of 2 feet.

          (3) All property and lot lines, including dimensions and the size of the site expressed n acres or square feet.

          (4) The location of all existing streets, drives, other access-ways, and parking areas with information concerning widths, pavement types, and construction and elevations.

          (5) The location of any existing bodies of water or watercourses, buildings, structures, and other public or private facilities, including railroad tracks and facilities and any other natural and manmade features affecting, or affected by, the proposed activity or development.

          (6) The location of the floodplain boundary line, information and spot elevations concerning the 100 year flood elevations and information concerning the flow of water, including direction and velocities.

          (7) The location of all proposed buildings, structures, utilities, and any other improvements.

          (8) Any other information which the Borough considers necessary for adequate review of the application.

     D. Plans of all proposed buildings, structures, and other improvements, clearly and legibly drawn at suitable scale showing the following:

          (1) Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate.

          (2) For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.

          (3) Complete information concerning flood depths, pressures, velocities, impact, and uplift forces and other factors associated with the 100 year flood.

          (4) Detailed information concerning any proposed flood-proofing  measures.

          (5) Cross-section drawings for all proposed streets, drives, other access-ways, and parking areas showing all rights-of-way and pavement widths.

          (6) Profile drawings for all proposed streets, drives, and vehicular access-ways, including existing and proposed grades.

          (7) Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.

     E. The following data and documentation:

          (1) Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.

          (2) Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the 100 year flood.

          (3) A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a 100 year flood, including a statement concerning the effects such pollution may have on human life.

          (4) A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on 100 year flood elevations and flows.

          (5) A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the 100 year flood elevation and the effect such materials and debris may have on 100 year flood elevations and flows.

          (6) The appropriate component of the Department of Environmental Protection’s “Planning Module for Land Development”. [Ord. 2003-02, 12/3/2003, §1]

          (7) Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.

          (8) Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under 302 of Act 1978-166. [Ord. 2003-02, 12/3/2003, §1]

          (9) An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100 year flood.

4. Application Review Procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures which are already established:

     A. Within 3 working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.

     B. If an application is received that is incomplete , the Borough shall notify the applicant, in writing, of the reasons for the disapproval.

     C. If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

     D. If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered mail within 5 working days after the date of approval. [Ord. 2003-02, 12/3/2003, §1]

     E. Before issuing the special permit, the Borough shall allow the Department of community and Economic Development 30 days, after receipt of the notification  by the Department, to review the application and the decision made by the Borough. [Ord. 2003-02, 12/3/2003, §1]

     F. If the Borough does not receive any communication from the Department of Community and Economic Development during the 30 day review period, it may issue a special permit to the applicant. [Ord. 2003-02, 12/3/2003, §1]

     G. If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval and the Borough shall not issue the special permit. [Ord. 2003-02, 12/3/2003, §1]

5. Technical Requirements for Development Requiring a Special Permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply:

     A. No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed, and maintained in a manner which will:

          (1) Fully protect the health and safety of the general public and any occupants of the structure . At a minimum, all new  structures shall be designed, located, and constructed so that:

               (a) The structure will survive inundation by waters of the 100 year flood without any lateral movement  or damage to either the structure itself of to any of its equipment or contents  below the 100 year flood elevation.

               (b) The lowest floor elevation (including basement) will be at least 1 and a 1/2 feet above the 100 year flood elevation.

               (c) The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100 year flood.

         (2) Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property.

     B. All hydro-logic and hydraulic analyses shall be undertaken only be professional engineers or others of demonstrated qualifications, who shall certify that the technical  methods  used correctly  reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough and the Department of Community and Economic Development. [Ord. 2003-02, 12/3/2003, §1]

6. Within any identified floodplain area any structure of the kind described in subsection (2) above shall be prohibited within the areas measured 50 feet landward from the top-of-bank of any watercourse.

7. Except for possible modification of the free-board requirement involved, no variance shall be granted for any of the other requirements of this Section.

(Ord. 1971-1, 11/3/1977, Art II, §2.11; as amended by Ord. 1985-11, 12/5/1985, §2; and by Ord. 2003-02, 12/3/2003, §1)

C. Identification of Flood Prone Areas.

§4-331.     Identification.

1. For the purposes of this Part, the areas considered to be flood prone within the Borough shall be those areas identified as being subject to the 100 year flood in the flood insurance study prepared for the Borough by the Federal Insurance Administration.

2. A map showing all areas considered to be flood prone is available for inspection at the Borough offices. For the purposes of this Part, the following nomenclature is used in referring to the various kinds of flood prone areas:

     A. FW (Floodway Area). The areas identified as “floodway” in flood insurance study prepared by the Federal Insurance Administration (FIA).

     B. FF (Flood Fringe Area). The area identified as “floodway fringe” in the flood insurance study prepared by the FIA.

(Ord. 1977-1, 11/3/1977, Art. III, §3.00)

§4-332.     Changes in Identification of Flood Prone Areas.

1. The areas considered to be flood prone may be revised or modified by the Borough Council where studies or information provided by a qualified agency or person documents the need or possibility for such revision.

2. No modification or revision of any identified as being flood prone in the flood insurance study prepared by the Federal Insurance Administration shall be made without prior approval from the Federal Insurance Administration.

(Ord. 1977-1, 11/3/1977, Art. III, §3.01)

§4-333.     Disputes.

Should a dispute arise concerning the identification of any flood prone area, an initial determination shall be made by the Building Permit Officer and any aggrieved by such decision may appeal to the Borough Council. The burden of proof shall be on the appellant.

(Ord. 1977-1, 11/3/1977, Art. III, §3.01)

D. Technical Provisions.

§4-341.     General.

1. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent munipalities which may be affected by such action have been notified and until all required permits or approvals have been first obtained from the Commonwealth. In addition, the Federal Insurance Development shall be notified prior to any alteration or relocation of any watercourse. [Ord. 2003-02, 12/3/2003, §1]

2. Where a flood prone area has been identified which includes a floodway area, the following provisions apply:

     A. Within any designated floodway (FW) area, no new construction, development, use, activity, or encroachment of any kind shall be allowed, except where the effect of such proposed activity on flood heights if fully offset by accompanying improvements.

     B. Within any designated flood fringe (FF) area, new construction, and other development, uses and activities shall be allowed; provided, that they are undertaken in strict compliance with the provisions contained in this Part and any other applicable codes, ordinances, and regulations.

(Ord. 1977-1, 11/3/1977, Art IV, §4.00; and by Ord. 2003-02, 12/3/2003, §1)

§4-342.     Elevation and Floodproofing Requirements.

1. Residential Structures. Within any FW or FF area, the lowest floor ( including basement) of any new or improved residential structure shall be at least 1 and 1/2 feet above the 100 year flood elevation.

2. Nonresidential Structures.

     A. Within any FW of FF are, the floor (including basement) shall be at least 1 and 1/2  feet above the 100 year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

     B. Any structure, or part thereof, which will not be completely or adequately elevated, shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled “Floodproofing Regulations” (U.S. Army Corps of Engineers, June, 1972) or some other equivalent standard for that type of construction.

(Ord. 1977-1, 11/3/1977, Art IV, §4.01)

§4-343.     Design and Construction Standards.

The following minimum standards shall apply for all construction proposed to be undertaken within any identified flood prone area:

     A. Fill. If fill is used, it shall:

          (1) Extend laterally at least 15 feet beyond the building line from all points.

          (2) Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.

          (3) Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.

          (4) Be no steeper than 1 vertical to 2 horizontal unless substantiated data justifying steeper slopes are submitted to and approved by the Building Permit Officer.

          (5) Be used to the extent to which it does not adversely affect adjacent properties.

     B. Drainage Facilities. Storm drainage facilities shall be designed t convey the flow of surface waters without damage to persons or property. The system shall ensure drainage at all points along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

     C. Sanitary Sewer Facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems)  shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the system into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

     D. Water Facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system and be located and constructed to minimize or eliminate flood damages.

     E. Streets. The finished elevation of proposed new streets shall be nor more than 1 foot below the regulatory flood elevation.

     F. Utilities. All utilities such as gas lines, electrical, and telephone systems being placed in flood prone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

     G. Storage. No materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life shall be stored below the regulatory flood elevation.

     H. Placement of Buildings and Structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.

     I. Anchoring.

          (1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

          (2) All air duct, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

     J. Floor, Walls, and Ceilings.

          (1) Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.

          (2) Plywood used at or below the regulatory flood elevation shall be of a “marine” or “water resistant” variety.

          (3) Walls and ceilings at or below the regulatory elevation shall be designed and constructed of materials that are water resistant and will withstand inundation.

          (4)  Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water resistant material.

     K. Paints and Adhesives.

          (1) Paints and other finishes used at or below the regulatory flood elevation shall be made of a “marine” or “water resistant” quality.

          (2) Adhesives used at or below the regulatory flood elevation shall be made of a “marine” or “water resistant” quality.

          (3) All wooden components (doors, trim, cabinets, etc.) shall be finished with a “marine” or “water resistant” paint or other finishing material.

     L. Electrical Systems and Components.

          (1) Electric water heaters, furnaces, air conditioning, and ventilating systems and other electrical equipment or apparatus shall not be located below the regulatory flood elevation.

          (2) Electrical distribution panels shall be at least 3 feet above the 100 year flood elevation.

          (3) Separate electrical circuits shall serve lower levels and shall be dropped from above.

     M. Plumbing.

          (1) Water heater, furnaces, and other mechanical equipment or apparatus shall not be located below the regulatory flood elevation.

          (2) No part of any onsite sewage disposal system shall be located within any identified flood prone area.

          (3) Water supply systems and sanitary sewage systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters.

          (4) All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provision shall be made for the drainage of these systems in the event that flood water infiltration occurs.

(Ord. 1977-1, 11/3/1977, Art IV, §4.02)

§4-344.     Special Requirements for Mobile Homes.

1. All mobile homes and any additions thereto shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the National Standards Institute and National Fire Protection Association Standards as specified in Standard D for the Installation of Mobile Homes Including Mobile Home Park Requirements (NFPA No. 501A-1974 (ANSI A119.3-1975))

     A. Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length and one additional tie per side for units less than 50 feet in length.

     B. Frame ties shall be provided at each corner of the mobile, with five additional ties per side at intermediate location for units 50 feet or more in length four additional ties per side for units less than 50 feet in length.

     C. All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

2. All mobile homes and any additions thereto shall also be elevated in accordance with the following requirements:

     A. The stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the elevation of the regulatory flood.

     B. Adequate surface drainage is provided.

     C. Adequate access for a hauler is provided.

     D. Where pilings are used for elevation, the lots shall be large enough to permit steps, piling foundations shall placed in stable soil no more than 10 feet apart, reinforcement shall be provided for pilings that will extend for 6 feet or more above the ground level.

3. An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Borough officials for mobile home parks and mobile home subdivisions, where appropriate.

4. No mobile home shall be placed in any designated flood-way area.

(Ord. 1977-1, 11/3/1977, Art IV, §4.03)

§4-345.     Development Which May Endanger Human Life.

1. The provisions of this Section shall be applicable, in addition to any other applicable provisions of this Part or any other ordinance. code, or regulation.

2. In accordance with the Pennsylvania Floodplain Management Act and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or used for the production or storage of any of the following dangerous materials or substances, will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises, will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this Section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:

[Ord. 2003-02, 12/3/2003, §1]

     A. Acetone.

     B. Ammonia.

     C. Benzene.

     D. Calcium carbide.

     E. Carbon disulfide.

     F. Celluloid.

     G. Chlorine.

     H. Hydrochloric acid.

     I. Hyrdocyanic acid.

     J. Magnesium.

     K. Nitric acid and oxides of nitrogen.

     L. Petroleum products (gasoline, fuel oil, etc.)

     M. Phosporus.

     N. Potassium.

     O. Sodium.

     P. Sulfur and sulfur products.

     Q. Pesticides (including insecticides, fungicides, and rodenticides).

     R. Radioactive substances, insofar as such substances are not otherwise  regulated.

3. Withing any floodway are any structure of the kind described in subsection (2) above, shall be prohibited.

4. Where permitted within any flood fringe area or general floodplain area any structure of the kind described in subsection (2) above, shall be:

     A. Elevated or designed and constructed to remain completely dry up to at least 1 and 1/2 feet above the 100 year  flood.

     B. Designed to prevent pollution from the structure or activity during the course of a 100 year flood.

     Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry flood proofing contained in the publication “Floodproofing Regulations” (U.S. Army Corps of Engineers, June 1972) or with some other equivalent watertight standard.

5. With any general floodplain area, any structure of the kind described in subsection (2) above, shall be prohibited  with the area measured 50 feet landward from the top-of-bank of any watercourse.

6. Except for possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this Section.

(Ord. 1977-1, 11/3/1977; as added by Ord. 1985-1, 12/5/1985, §1; and by Ord. 2003-02, 12/3/2003, §1)

E. Variances.

§4-351.     Request for Variance.

1. If compliance with the elevation or floodproofing requirements of this Part would result in an exceptional hardship for a prospective builder, developer, or landowner, the Borough may, upon request, grant relief from the strict application of the requirement.

2. Requests for variances shall be considered by the Borough i accordance with the procedures contained in §4-320(1) and the following procedures:

     A. No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100 year flood elevation.

     B. If granted, a variance shall involve only the least modification necessary to provide relief.

     C. In granting any variance, the Borough shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare and to achieve the objectives of this Part.

     D. Whenever a variance is granted, the Borough shall notify the applicant, in writing, that:

          (1) The granting of the variance may result in increased premium rates for flood insurance.

          (2) Such variances may increase the risks to life and property.

     E. In reviewing any request for a variance, the Borough shall consider, but not be limited to, the following:

          (1) That there is good and sufficient cause.

          (2) That failure to grant the variance would result in exceptional hardship to the applicant.

          (3) That the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with any other applicable local or State ordinances and regulations.

     F. A complete record of all variance requests and related actions shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

3. Notwithstanding any of the above; however, all structures shall be designed and constructed so as to have the capability of resisting the hydro-static and hydrodynamic loads and pressures, effects of buoyancy and other forces associated with the 100 year flood.

(Ord. 1977-1, 11/3/1977, Art. V)

F. Existing Structures in Flood Prone Areas.

§4-361.     Existing Structures.

Structures existing in any identified flood prone area prior to the enactment of this Part, but which are not in compliance with these provision, may continue to remain subject to the following:

     A. Existing structures located in any designated flood-way area shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood height is fully offset by accompanying improvements.

     B. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or or amount of less than 50% of its market value, shall be elevated and/or flood-proofed the greatest extent possible.

     C. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this Part.

(Ord. 1977-1, 11/3/1977, Art. VI)

G. Definitions

§4-371.     General.

Unless specifically defined below, words and phrases used in this Part shall be interpreted so as to give this Part its most reasonable application.

(Ord. 1977-1, 11/3/1977, Art. VII, §7.00)

§4-372.     Specific Definitions.

ACCESSORY USE OR STRUCTURE – a use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.

BUILDING – a combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.

COMPLETELY DRY SPACE – a space which will remain totally dry during flooding, the structure is designed to prevent the passage of water and water vapor.

CONSTRUCTION – the construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.

DEVELOPMENT – any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations, and the subdivision of land.

ESSENTIALLY DRY SPACE – a space which will remain dry during flooding, except for the passage of some water or minor seepage, the structure is substantially impermeable to the passage of water.

FLOOD – a temporary inundation of normally dry land areas.

FLOOD FRINGE AREA – that portion of the floodplain outside of the flood-way area.

FLOODPLAIN – see definition of “flood prone area”.

FLOODPROOFING – any combinations of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents.

FLOOD PRONE AREA – a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

FLOODWAY AREA – the channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the 100 year magnitude.

LAND DEVELOPMENT – the improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving a group of two or more buildings or the division or allocation of land of space between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features, a subdivision of land.

MINOR REPAIR – the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including any addition, change, or modification in construction, exit facilities or permanent fixtures or equipment.

MOBILE HOME – a transportable, single-family dwelling intended for permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation. The term does o include recreational vehicles or travel trailers.

MOBILE HOME PARK – a parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for non-transient use.

OBSTRUCTION – any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or flood prone area which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of water might carry the same downstream to the damage of life and property.

ONE HUNDRED YEAR FLOOD – a flood that, on average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).

REGULATORY FLOOD ELEVATION – the 100 year flood elevation plus a free-board safety factor of 1 and 1/2 feet.

STRUCTURE – anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, mobile homes, and other similar items.

SUBDIVISION – the division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.

(Ord. 1977-1, 11/3/1977; as added by Ord. 1985-11, 12/5/1985, §3)

§4-381.     Construction.

This Part shall be construed in accordance with all applicable Federal, State, and local laws, ordinances, rules, and regulations, including such rules and regulations as the Pennsylvania Department of Environmental Protection may issue, from time t time, in final form and publish in the Pennsylvania Bulletin. Any provision herein shall be ineffective only if said provision is directly inconsistent with an applicable Federal, State, or local law, ordinance, or regulation.

(Ord. 1977-1, 11/3/1977; as added by Ord. 1985-11, 12/5/1985, §3; as amended by Ord. 2003-02, 12/3/2003, §1

Chapter 5 – Code Enforcement

(Reserved to accommodate future enactments)

Chapter 6 – Conduct

Part 1: Curfew

A. Curfew Established for Children Under the Age of 18.

§6-101.    Curfew Established for Children Under the Age of 18.

It shall be unlawful for any child under the age of 18 years to be or remain in or upon any public street or alley or public place in the Borough at any time between the hours of 10 p.m. and 6 a.m., unless such child is accompanied by a parent, guardian, or other person having legal custody of such child. Provided, the time for the beginning of the curfew period may be extended by order of the Mayor on any evening when there shall be an official school function, in which case the curfew shall take effect 1/2 hour after the conclusion of such function and the curfew warning signal shall be sounded 15 minutes after the conclusion of such function.

(Ord. 1980-4, 12/4/1980 §1; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-102.    Unlawful for Parents, Guardians, and Legal Custodians of Children to Permit Curfew Violations.

It shall be unlawful for any parent, guardian, or legal custodian of any child under the age of 18 years to allow or permit such child to be or remain in or upon any of the public streets or alleys or public places in the Borough in violation of §6-101 of this Part.

(Ord. 1980-4, 12/4/1980, §2)

§6-103.    Enforcement.

Any child as above designated, found in or upon any street or alley or public place in the Borough in violation of §6-101 of this Part shall be taken into custody by any member of the Borough Police Force and delivered to his or her parents, guardian, or person having legal custody of such child and report thereof shall be made by such policeman immediately to the Mayor. If such parent, guardian, or person having the legal custody of said child shall again allow such child to be in or upon any of the streets or alleys or public places in the Borough in violation of §6-101 of this Part, such parent, guardian, or legal custodian shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part shall be found to have been violated shall constitute a separate offense.

(Ord. 1980-4, 12/4/1980, §1; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-104.    Authority of Police Officers to Use Discretion in Determining Age of Children.

The Police Officers of the Borough, in taking children into custody under this Part, shall use their discretion in determining age and in doubtful cases may require positive proof and until such proof is furnished, the officer’s judgement shall prevail.

(Ord. 1980-4, 12/4/1980, §4)

B. Motor Vehicular Races.

§6-111.    Definitions and Interpretation.

1. As used in this Part, the following terms shall have the meaning indicated, unless a different meaning clearly appears from the context:

     MOTOR VEHICULAR RACES – all manner and form of races including, but not limited to, motorcycle, big car, midget car, racing car, stock car, sport car, modified car, jalopy, hot rod, and all other forms of racing whereby the vehicle is propelled by a motor.

     PERSON – every natural person, firm, partnership, association, other form of unincorporated enterprise owned by two or more persons or corporations. Whenever used in any clause prescribing and/or imposing a penalty, or both, the terms person, when applied to firms, partnerships, or associations shall mean the partners or the officers/members of the associations/firms thereof and when applied to corporations, the officers thereof.

     PRODUCER – any person, as herein defined, conducting or holding any motor vehicular race as herein defined, when the general public or a limited or selected number thereof may attend upon the payment of an admission price.

2. The use of the singular herein shall include the plural and the use of the masculine shall include the feminine and neuter.

(Ord. 1988-1, 8/4/1988, §1)

§6-112.    Purpose.

This Curfew Ordinance amendment prescribes, in accordance with prevailing community standards, a regulation limiting the time after which motor vehicular races shall be commenced within the Borough for the furtherance of the public good, safety, and welfare.

(Ord. 1988-1, 8/4/1988, §2)

§6-113.    Curfew.

No person and/or producer shall commence a motor vehicular race before 1 p.m. nor after 12 a.m. prevailing time withing the Port Royal Borough limits. All racing activities and related activities must cease no later than 12:30 a.m. on any given day.

(Ord. 1988-1, 8/4/1988, §3; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-114.    Penalty.

Any person and/or producer who shall violate the provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $1,000 per hour, or part thereof, per violation, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.

(Ord. 1988-1, 8/4/1988, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 2: Loitering and Other Offenses

§6-201.    Loitering.

1. In order to protect the safety of the public and the safety of property it shall be unlawful for any person to loiter, either alone or with others, on any public street, public road, public alley, public mall, public common, public municipal parking lot, or other public ground within the Borough or in or about any building or structure used, in whole or in part, for dwelling or rooming or boarding purposes or for business, amusement, commercial, mercantile, manufacturing, industrial, storage, educational, or recreational purposes.

     A. So as to hinder or obstruct or tend to hinder or obstruct, the free passage of pedestrians or vehicles or the fee passage of persons or property to or from any entrance or exit of a building, structure, or vehicle and to fail or refuse to move or disperse when asked to do by a police officer.

     B. So as to warrant concern for the safety of persons or the security of property in the vicinity.

          (1) To fail or refuse to identify himself and explain his presence or conduct when asked to do so by a police officer.

          (2) To fail or dispel the concern.

2. Any person who shall loiter shall, upon conviction thereof, be sentenced to pay a fine of not less than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2003-02, 12/3/2003, §1]

3. Definition and Interpretation.

     A. Definition. For purposes of this Section the term “loiter” shall include any of the following types of conduct:

          (1) Loafing.

          (2) Lingering.

          (3) Hanging around.

          (4) Idly spending time

          (5) Prowling.

          (6) Wandering.

          (7) Standing or remaining idle.

          (8) Sauntering or moving slowly about where the conduct is not due to physical condition or defects, but irrespective of whether the conduct is on foot or in, on, or by way of a parked or moving vehicle.

     B. Interpretation. Among the circumstances which are to be considered under subsection (1)(A) in determining whether there is warrant for the concern for the safety of persons or the security of property is:

          (1) The time of day when, or the place where, the loitering occurs.

          (2) The systematic checking by the actor of doors windows, or other means of ingress or egress to a building, structure, or vehicle.

          (3) Recurrent activity by the actor which is outwardly manifests no useful purpose or reasonably explicable purpose and is not usual for a law abiding or peace abiding person.

          (4) The continuous or repeated presence of the actor in close proximity to a building, structure, vehicle, or other property or in close proximity to another person, for a period of time not usual under the circumstances then existing. Among the circumstances which are to be considered in determining whether the actor has failed to dispel the concern is whether:

               (a) The actor takes flight upon the appearance of a police officer.

               (b) the actor attempts to conceal himself or any object.

               (c) The actor’s explanation to the police officer of his presence or conduct is untrue or is such as would not at the time be reasonably sufficient to dispel the concern in the minds of ordinary men of common intelligence.

4. Intent. No person shall be convicted of the offense of loitering under subsection (1)(A) of this Section if it appears at trial that the actor’s explanation of his presence and the conduct is in fact true and, has it been made known to the police officer at the time, would have dispelled the concern. It is not intended that this Section be used by a particular complainant as a catch-all against person whose ideas, dress, lifestyle, or physical appearance is annoying to the sensibility of the complainant. Nor is it intended that this Section be used as a form of preventive detention or as an excuse for search and seizure. It is the intent of this Section;however, to recognize that there are conditions and circumstances which warrant a police officer making a judgement in the field or on the spot that the time has arrived when, giving due consideration to the delicate balance of the right of free assembly, free association, free speech or free movement, some action is called for in order to ensure that the safety of the public and the safety of property be protected.

(Ord. 1980-5, 12/4/1980, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-202.    Willful or Malicious throwing of Objects and Missiles Prohibited.

It shall be unlawful for any person willfully or maliciously to throw any metal, stone, brick, or other object or missile within the Borough of Port Royal and upon conviction thereof be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Section continues shall constitute a separate offense.

(Ord. 1980-5, 12/4/1980, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-203.    Tampering with Certain Property Prohibited.

No person or persons shall destroy or injure, in any way whatsoever, or tamper with or deface any public property of the Borough of Port Royal or any grass, walk, lamp, ornamental work, building, street light, fire hydrant, or water or gas stop box on any of the streets, alleys, parks, or other public grounds in the Borough and upon conviction thereof, be sentenced to pay a fine of $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Section continues shall constitute a separate offense.

(Ord. 1980-5, 12/4/1980, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

§6-204.    Consumption, Posession, or Transportation of Alcoholic or Malt or Brewed Beverages Unlawful in Certain Places.

It shall be unlawful for any person to consume, posses, or transport, any alcoholic or malt or brewed beverage in any park, public playground, parking lot, recreation area, or similar areas which are under the direct control and supervision of the Borough of Port Royal and, upon conviction thereto, shall be sentenced to pay a fine of not more than $50 for the first such offense plus costs and $100 for the second offense, if within 1 year of the first offense, plus costs and not more than $1,000 for the third and all subsequent offenses, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Section continues shall constitute a separate offense.

(Ord. 1980-5, 12/4/1980, §7; as amended by Ord. 2003-02, 12/3/2003, §1)

Part 3: Disorderly Conduct

§6-301.    Disorderly Conduct Prohibited.

1. Disorderly conduct, as defined in §5503 of the Crimes Code, 18 P.C.S.A. §5503 is hereby prohibited within the Borough of Port Royal. A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof he:

     A. Engage in fighting or threatening or in violent or tumultuous behavior.

     B. Makes unreasonable noise.

     C. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

2. Provided, as used in this Section, the word “public” means affecting or likely to affect persons in a place to which the public or a substantial group has access. Among the places included are streets, alleys, and sidewalks, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood or any premises which are open to the public.

(Ord. 2003-02, 12/3/2003, §1)

§6-302.    Penalty for Violation.

Any person, firm, or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part or each Section of this Part which shall be found to have been violated shall constitute a separate offense.

(Ord. 2003-02, 12/3/2003, §1)[/extend]

Part 4: Interference with Borough Officers and Employees

§6-401.    Interference with Borough Officers and Employees Prohibited.

It shall be unlawful for any person to obstruct, resist, oppose or in any way interfere with any officer or employee of the Borough while in the performance of any of the duties of his office or employment.

(Ord. 1980-5, 12/4/1980, §3)

§6-402.    Penalty for Interfering with Borough Officer or Employee.

Any person,firm, or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Section continues shall constitute a separate offense.

(Ord. 1980-5, 12/4/1980, §4; as amended by Ord. 2003-02, 12/3/2003, §1)

Chapter 7 – Fire Prevention and Fire Protection

Chapter 8 – Flood Plains

Chapter 9 – Grading and Excavating

Chapter 10 – Health an Safety

Chapter 11 – Housing

Chapter 12 – Libraries

Chapter 13 – Licenses, Permits, and General Business Regulations

Chapter 14 – Mobile Homes and Mobile Home Parks

Chapter 15 – Motor Vehicles and Traffic

Chapter 16 – Parks and Recreation

Chapter 17 – Planned Residential Development

Chapter 18 – Sewers and Sewage Disposal

Chapter 19 – Signs and Billboards

Chapter 20 – Solid Waste

Chapter 21 – Streets and Sidewalks

Chapter 22 – Subdivision and Land Development

Chapter 23 – Swimming Pools

Chapter 24 – Taxation, Special

Chapter 25 – Trees

Chapter 26 – Water

Chapter 27 – Zoning

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