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CHAPTER 13

LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS

PART 1

CABLE TELEVISION FRANCHISE

A. Cable Television Ordinance.

§101. Short Title§102. Definitions§103. Require a Franchise to Operate§104. Compliance with Applicable Laws and Ordinances§105. Indemnification; Insurance§106. Grantee Rules§107. Conditions on Street Occupancy§108. Borough Rights§109. Payment to Borough§110. Records and Reports§111. Terms of Franchise§112. Franchise Applications§113. Termination of Franchise§114. Assignment

B. Granting of Franchise.

§121. Granting of Franchise§122. Term of Franchise§123. Franchise Fee§124. Sale or Assignment of Franchise

C. Transfer of Franchise.

§131. Transfer of Franchise§132. Confirmation§133. Acknowledgment§134. Release§135. Continuing Agreement

PART 2

DROP-OFF SITES

§201. License Required; Fees§202. Applicable Rules and Regulations§203. Licensee Posting Bond or Other Security§204. Termination of License

§205. Additional Rules and Regulations§206. Borough's Right to Remove and Dispose of Items§207. Penalties§208. Enforcement Remedies

PART 3

CHARITABLE SOLICITATION

§301. Definitions§302. Permits§303. Applications§304. Reasons for Refusal of Permit§305. Cancellation of Permits§306. Permits for Charitable Literature Distribution§307. Appeals§308. Issuance of Permits§309. Time, Location, Manner and Number of Persons Involved§310. Duration and Renewal§311. Penalties

PART 4

TRANSIENT RETAIL MERCHANTS

§401. Definitions§402. License Required; Conditions of Issuance; Fee§403. Exceptions§404. License Application§405. Issuance of License; Custody, Display and Exhibit§406. Prohibited Act§407. Supervision; Records and Reports§408. Denial, Suspension and Revocation of License; Appeal§409. Penalties

PART 5

UTILITY POLES

§501. Permit to Erect, Move or Replace

PART 6

GARAGE AND YARD SALES

§601. Title§602. Purpose§603. Definitions§604. Yearly Limit on Garage and Yard Sales§605. Exemptions§606. Penalties

PART 7

POLITICAL SIGNS

§701. Regulations§702. Penalties for Violation

PART 8

HOUSING

§801. Purposes and Findings§802. Definitions§803. Duties of Owners and Managers of Residential Rental Units§804. Duties of Occupants of Residential Rental Units§805. Residential Rental Unit Licensing§806. Sale or Transfer of Residential Rental Units§807. Appeals§808. Enforcement§809. Violations and Penalties

13-3 Supp. II; revised 12/2/2013

13-4

(13, PART 1A)

PART 1

CABLE TELEVISION FRANCHISE

A. Cable Television Ordinance.

§101. SHORT TITLE.

This Part shall be known and may be cited as the "Cable Television Ordinance."

(Ord. 243, 4/6/1992, §1)

§102. DEFINITIONS.

For the purpose of this Part, the following terms, phrases and words shall have the followingmeanings:

CABLE TELEVISION SERVICE - the provision of any lawful service through thetransmission of electrical or electronic signals.

CABLE TELEVISION SYSTEM - a facility that crosses public rights-of-way, consistingof a set of closed transmission paths and associated signal generation, reception andcontrol equipment that is designed to provide cable service to customers, but such termdoes not include:

A. A facility that serves only to retransmit the television signals of one or moretelevision broadcast stations.

B. A facility that serves only subscribers in one or more multiple unit dwellingunder common ownership, control or management, unless such facility orfacilities uses any public right-of-way.

C. A facility of a common carrier which is subject, in whole or in part, to theprovisions of Federal statute, except that such facility shall be considered asa cable system to the extent such facility is used in transmission of videoprogramming directly to subscribers. [Ord. 261]

D. Any facilities of any electric utility used solely for operating its electricutility system.

COUNCIL - the Borough Council of the Borough of Cleona.

GRANTEE - any person or entity which is granted a nonexclusive franchise pursuantto the terms of this Part.

MUNICIPALITY - the Borough of Cleona.


PERSON - any person, firm, partnership, association, corporation, company ororganization of any kind.

(Ord. 243, 4/6/1992, §2; as amended by Ord. 261, 7/1/2002, §1)

§103. REQUIRE A FRANCHISE TO OPERATE.

1. A nonexclusive franchise to construct, operate and maintain a cable television systemwithin all or any portion of the Borough is required of anyone desiring to provide cabletelevision service in the Borough. A franchise may be granted by the "Borough Council"by resolution to any person, film or corporation, whether operating under an existingfranchise or not, who or which offers to furnish and provide such cable television underand pursuant to the terms and provisions of this Part. Such franchises shall be subjectto the following conditions, in addition to those set forth elsewhere in this Part or thoseset forth in any resolution of the Borough. [Ord. 261]

2. Term of Franchise.

A. The term of the franchise shall commence upon the franchisee signing andaccepting the terms set forth and referred to in the resolution. [Ord. 261]

B. The term of the franchise shall be as established by the Borough and as set forthin the resolutions.

3. Nonexclusive Grant. No right to use and occupy said streets, alleys, public ways andplaces granted pursuant to this Part shall be deemed to be exclusive, and the Boroughreserves the right to grant similar rights to any other qualified company at any time.


§104. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES.

Grantees shall, at all times during the life of a franchise grant pursuant hereto, be subject to alllawful exercise of the police power by the Borough, and to such reasonable regulation pursuantto the exercise of such police power as the Borough, Commonwealth of Pennsylvania or UnitedStates of America shall hereafter by resolution, ordinance, statute or regulation provide,including:

A. Interference. If there is any interference on any television set, radio or otherelectronic device not connected with the conductors or fixtures of the granteewhich is caused by the conductors or fixtures of the grantee, the grantee shallimmediately at its own cost and expense eliminate such interference. If suchinterference cannot be eliminated within 48 hours, the Borough may direct thesuspension of the operation of the grantee within the affected area of the Boroughuntil such interference is eliminated.

(13, PART 1A)

B. Building Permits. In addition, the grantee shall apply for and take out any and allbuilding permits required by the Borough for any construction to be undertakenby said grantee.

C. Regulation of Cable Television Rates and/or Charges. During the term of anyfranchise, should the State or Federal government enact into law the regulation ofrates and charges applying to cable television, those laws shall be applicableto the rates and charges of existing franchisees. If the laws permit the Borough toimpose regulations, nothing in this Part or franchise resolution shall prevent theBorough from regulating the same.

(Ord. 243, 4/6/1992, §4)

§105. INDEMNIFICATION; INSURANCE.

Grantee shall save the Borough harmless from any suit, judgment, claim or demandwhatsoever, arising out of the operations of the grantee in the construction, operation ormaintenance of its cable television system in the Borough. The Borough shall notify thegrantee's representative in the Borough within 10 days after the presentation of any claim ordemand, either by suit or otherwise, made against the Borough on account of any damages orlosses as aforesaid resulting from the operations of the grantee. The grantee shall furnish tothe Borough, prior to the grant of a franchise hereunder, evidence in writing that the granteehas in full force and effect public liability insurance of not less than $5000,000 for any oneperson and $1,000,000 for any one accident, and property damage insurance of not less than$500,000 duly issued by an insurance company or companies authorized to do business in theCommonwealth of Pennsylvania, said insurance to cover all operations by the grantee withinthe Borough. Upon request, written evidence of the maintenance of such insurance in full forceand effect shall be furnished annually thereafter to the Borough.

(Ord. 243, 4/6/1992, §5)

§106. GRANTEE RULES.

The grantee may promulgate such rules, regulations, terms and conditions governing theconduct of its business as shall be reasonably necessary to enable the grantee to exercise itsrights and perform its obligations under a franchise granted pursuant to this Part and to assurean uninterrupted service to each and all of its customers; provided, however, that such rules,regulations, terms and conditions shall not be in conflict with the provisions hereof, additionalregulations or ordinances of the Borough or the laws of the Commonwealth of Pennsylvaniaor the United States of America.

(Ord. 243, 4/6/1992, §6)


§107. CONDITIONS ON STREET OCCUPANCY.

1. Use. All transmission and distribution structures, lines and equipment erected be solocated as to cause minimum interference with the use by others of streets, alleys andother public ways and places, and to cause minimum interference with the rights orreasonable convenience of owners of property which abuts the said streets, alleys orother public ways and places.

2. Restoration. In case of any disturbance of pavement, sidewalk, driveway or othersurfacing, grantee shall at its own cost and expense and in a manner approved by theBorough Engineer or other person designated by the Borough Council, replace andrestore all paving, sidewalk, driveway or surface of any street or alley disturbed, in asgood condition as before said work was commenced. [Ord. 2611

3. Relocation. In the event that at any time during a period of any franchise grantedpursuant to this Part the Borough shall elect to alter or change the grade or location ofany street, alley or other public way grantee, upon reasonable notice by the Borough,shall remove, relay and relocate its poles, wires, cables, underground conduits, manholesand other fixtures at its own expense.

4. Placement of Fixtures. Grantee, insofar as it is reasonably possible to do so, shall locateits wires, cables, conduits and other television conductors and fixtures on existing utilitypoles of either the electric or the telephone company. Grantee shall not place poles orother fixtures where the same will interfere with any gas, electric or telephone fixtures,water hydrant or main, and all such poles or other location as approved by the Borough.

5. Temporary Removal of Wire for Building Moving. Grantee shall, on the request of anyperson holding a building permit issued by the Borough, temporarily raise or lower itwires to permit the moving of buildings. The expense of such temporary removal,raising or lowering of wires shall be paid by the person requesting the same, and granteeshall have the authority to require such payment in advance. Grantee shall be given notless than 48 hours advance notice to arrange for such temporary wire changes.

6. Tree Trimming. Grantee shall have the authority, to the same extent that the Boroughhas such authority, to trim trees and upon overhanging streets, alleys, sidewalks andpublic places of the Borough so as to prevent the branches of such trees from coming incontact with the wires and cables of grantee.


§108. BOROUGH RIGHTS.

1. Borough Rules. The Borough may adopt by resolution such additional regulations as itshall find necessary in the exercise of the police power; provided, that such regulationsshall not conflict with the laws of the Commonwealth of Pennsylvania and the UnitedStates.

(13, PART 1A)

2. Use of System by Borough. The Borough shall have the right, during the life of thisfranchise, free of charge, where aerial construction exists, of maintaining upon the polesof grantee within the Borough wires and fixtures necessary for police communications,fire alarm and civil defense warning systems. The Borough will be responsible forinstallation and maintenance of any such systems. If any such systems interfere withoperation or maintenance of the cable system, then grantee shall repair, move or removeequipment and shall be reimbursed by Borough for all reasonable costs of labor andmaterial.

3. Inspection. The Borough shall have the right to inspect all construction or installationwork during such construction or installation or at any time after completion thereof, inorder to insure compliance with the provisions of this Part and all other governingordinances.

(Ord. 243, 4/6/1992, §8)

§109. PAYMENT TO BOROUGH.

1. Any grantee holding a franchise pursuant to the terms of this Part shall pay to theBorough for the privilege of operating its community television system under suchfranchise the sum as fixed by the Borough in its resolution, and the Borough shall havethe right to change the rate on an annual basis so long as it has given the franchise 60days written notice. Termination of operation or failure to undertake operation by thegrantee within 1 year of the granting of a franchise hereunder shall terminate thefranchise. If a franchise terminates operation, the franchisee shall give 10 days writtennotice of termination to the Borough.

2. Grantee shall make payment to the Borough of such fees on a quarterly basis. [Ord. 261]


§110. RECORDS AND REPORTS.

The grantee shall at all times maintain adequate records of the gross receipts from service rentalincome, which shall be available at all reasonable times during regular business hours toinspection by the Borough through its duly designated agents and officers.

(Ord. 243, 4/6/1992, §10)

§111. TERMS OF FRANCHISE.

Any franchise granted hereunder shall be for the initial term of 10 years or for such other termas the Borough shall determine, however, that said franchise permit thereafter automaticallyrenew for each successive year upon the payment of the fees provided hereunder and


compliance with the terms and conditions herein imposed or as imposed in the resolution orregulations of the Borough.


§112. FRANCHISE APPLICATIONS.

1. All applicants for a franchise shall submit to the Borough a statement containing thefollowing:

A. Name of the applicant.

B. Address of the applicant.

C. Evidence of financial condition of the applicant and, if the applicant is acorporation or partnership, the names of the principal stockholders or partners,whichever is applicable. A financial statement of the person or corporation shallbe submitted and shall be certified by a certified public accountant.

D. Description of the area to be covered by the franchise.

2. Upon receipt of the above information, together with such other information as isrequested by the Borough, the Supervisors shall determine whether or not it is in the bestinterest of the Borough to grant a franchise to the applicant.

(Ord. 243, 4/6/1992, §12)

§113. TERMINATION OF FRANCHISE.

Upon revocation of the franchise by the Borough, or at the end of the term of a franchise,grantee shall remove all of its equipment and other facilities from the Borough within areasonable time, and shall restore as nearly as possible all public and private property affectedthereby to the condition it was in prior to the installation of such equipment and facilities bysaid company.

(Ord. 243, 4/6/1992, §13)

§114. ASSIGNMENT.

No assignment of any franchise shall be permitted unless approved by the Borough.

(Ord. 243, 4/6/1992, §14)

(13, PART 1B)

B. Granting of Franchise.

§121. GRANTING OF FRANCHISE.

The Borough of Cleona does hereby grant unto Lebanon Valley Cable TV (t/a Time WarnerEntertainment Co., L.P.) a Cable TV Franchise to operate cable television within the Boroughof Cleona under all applicable Borough ordinances, this Part 1B, rules and regulations adoptedby this Borough and State and Federal statutes and regulations.

(Res. 120296, 12/2/1996, §1)

§122. TERM OF FRANCHISE.

The granting of this franchise shall be for a term of 10 years from August 1, 1996, unlessterminated previously by any of the following:

A. Mutual termination by the Borough and the franchisee.

B. Termination of the Cable TV operation of the franchisee.

C. Termination by the Borough under the applicable provisions of law.

(Res. 120296, 12/2/1996, §2)

§123. FRANCHISE FEE.

The herein named franchise shall pay to the Borough of Cleona an annual franchise fee of 5%percent of all gross receipts of the franchisee's business operation within the Borough ofCleona, with the exception of those revenues exempted by the Borough as provided in ExhibitA. 1 The franchise fees shall become effective with the billing of Lebanon Valley Cable TV inDecember of 1996, and the fees shall be paid to the Borough of Cleona quarterly on April 1, July1, October 1 and December 15 of each year. The franchise fee may be changed during the termof this franchise; provided that: (A) the Borough shall give 90 days prior written notice to thefranchise of any changes in the franchise fee; and (B) the franchise fee shall not exceed theamount permitted by law.

(Res. 120296, 12/2/1996, §3)

'Editor's Note: Exhibit A is on file in the Borough office.

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§124. SALE OR ASSIGNMENT OF FRANCHISE.

The herein named franchisee shall not be permitted to sell or assign the franchise grantedherein without the written approval of the Borough of Cleona.

(Res. 120296, 12/2/1996, §4)

(13, PART 1C)

C. Transfer of Franchise.

§131. TRANSFER OF FRANCHISE.

The Franchise Authority hereby consents to the transfer of the franchise from Time WarnerEntertainment Company L.P., to TCI Cablevision of Ohio, Inc., subject to the same terms andconditions.

(Res. 010499-2, 1/4/1999, §1)

§132. CONFIRMATION.

The Franchise Authority confirms (A) the franchise was properly granted to franchisee, (B) thefranchise is currently in full force and effect and will expire on January 1, 2007, subject tooptions in the franchise, if any, to extend such term, (C) the franchise supersedes all otheragreements between franchisee and the Franchise Authority which constitutes or which, withthe passage of time or the giving of notice or both, would constitute a default or breach underthe franchise or would allow the Franchise Authority to cancel or terminate the rightsthereunder except upon the expiration of the full term of the franchise.

(Res. 010499-2, 1/4/1999, §2)

§133. ACKNOWLEDGMENT.

TCI Cablevision of Ohio, Inc., shall be required to acknowledge that it accepts the terms andconditions of the existing franchise. This Part 1C shall be deemed effective upon the date ofclosing of the exchange agreement (the "closing date").

(Res. 010499-2, 1/4/1999, §3)

§134. RELEASE.

The Franchise Authority releases franchisee, effective upon closing date, from all obligationsand liabilities of the franchise that arise and accrue after the closing date; provided, thatTransferee shall be responsible for any obligations and liabilities under the franchise that ariseand accrue after the closing date.

(Res. 010499-2, 1 /4/1999, §4)


§135. CONTINUING AGREEMENT.

This Part 1C shall have the force of a continuing agreement with franchisee and transferee. TheFranchise Authority shall not amend or otherwise alter this Part 1C without the consent offranchisee and transferee.

(Res. 010499-2, 1/4/1999, §5)

(13, PART 2)

PART 2

DROP-OFF SITES

§201. LICENSE REQUIRED; FEES.

1. No person, partnership, firm, company, corporation, nonprofit corporation or other legalentity shall operate or maintain a drop-off site for personal property within the limits ofthe Borough of Cleona without first making application to the Council of the Boroughof Cleona for the issuance of a license. Such application shall be in the form asestablished by the Council of the Borough and shall set forth the applicant's name,address, phone number, accurate description of the premises where the drop-off site isto be operated, the name and address of the owner of the property and, if different fromthe applicant, the applicant shall produce a lease or other written authorization from theproperty owner to operate the drop-off site. The applicant shall agree to comply withthe conditions of the license, together with all other applicable rules, regulations andordinances of the Borough.

2. The applicant shall pay to the Borough an annual license fee, in an amount to beestablished from time to time by resolution of Borough Council, which shall be due andpayable to the Borough at the time of application. The period of the license shall be fora period of 1 year and shall be renewed by the applicant on an annual basis. If thelicense is issued during the calendar year, the fee shall be prorated. [Ord. 261]

3. Upon being satisfied that the applicant meets all of the applicable provisions of this Part,and any rules and regulations adopted by the Council of the Borough relating to thisPart, the Borough will issue the applicant a license.

(Ord. 247, 11/ 7/1994, Exhibit B; as amended by Ord. 261, 7/1/2002, §1)

§202. APPLICABLE RULES AND REGULATIONS.

In cases where the receptacle is in place for 12 consecutive hours, each applicant shall be boundby the following rules and regulations:

A. A drop-off site shall only be operated and maintained within the Borough by theowner of the real estate or by someone who has written authorization from theowner of the real estate to operate the drop-off site.

B. The owner of the real estate shall be a party to the license and shall be required tocomply with any conditions of the license should the applicant fail to comply.

C. The licensee shall place and maintain, in good condition, a receptacle of sufficientsize to house all items that will be dropped off at the site. The size and descriptionof the receptacle shall be described by the applicant in the application for thelicense, and the placement of the receptacle shall meet all other setback lines andother requirements of the Borough.

13-15


D. The licensee shall not permit the deposit of garbage or refuse within or without thereceptacle as these terms are defined in this Part of the Borough of Cleona.

E. The licensee shall not permit any items to be deposited or stored outside thereceptacle.

F. The licensee shall remove all items from the receptacle on a weekly basis.

G. The licensee shall keep the area surrounding the receptacle clean, and thereceptacle shall be maintained by the licensee so that it is attractive and is notdetrimental to the appearance of the surrounding area.

(Ord. 247, 11/7/1994, Exhibit B)

§203. LICENSEE POSTING BOND OR OTHER SECURITY.

The Council of the Borough of Cleona shall require the licensee to post a bond or other securitywith the Borough in the amount of $500 for each receptacle to secure the Borough for any coststhat it incurs by having to dispose of items inside or outside the receptacle by reason of thefailure of the licensee to do so. This bond or security shall be required by the Council of theBorough at the time of application.

(Ord. 247, 11/7/1994, Exhibit B)

§204. TERMINATION OF LICENSE.

1. This license may be terminated by the Borough of Cleona upon any of the followingoccurrences:

A. The failure of the licensee to post a bond or other security as required by theBorough.

B. The failure of the licensee to comply with all requirements of the license, rules,regulations and ordinances of the Borough.

C. The termination of the licensee's rights to use the property by the owner of theproperty

2. Upon such termination of the license, the licensee shall remove the receptacle within 7days of the date of termination and shall remove all items that have been stored insideor outside the receptacle.

(Ord. 247, 11/7/1994, Exhibit B)

(13, PART 2)

§205. ADDITIONAL RULES AND REGULATIONS.

The Council of the Borough of Cleona reserves the right to add additional rules and regulationsby the adoption of a resolution of the Council of the Borough of Cleona. Upon such adoption,each licensee will be given a copy of the new rules and regulations.

(Ord. 247, 11/7/1994, Exhibit B)

§206. BOROUGH'S RIGHT TO REMOVE AND DISPOSE OF ITEMS.

Should the licensee fail to remove any items that have been stored inside or outside thereceptacle in violation of this Part or the rules and regulations applicable thereto, the Boroughshall have the right to remove and dispose of the items and shall be entitled to collect from thelicensee all fees and costs associated therewith.

(Ord. 247, 11/7/1994, Exhibit B)

§207. PENALTIES.

Any person, firm or corporation who shall violate any provision of this Part shall, uponconviction thereof, be sentenced to pay a fine not less than $50 nor more than $600 plus costsand, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30days. Each day that a violation of this Part continues shall constitute a separate offense.

(Ord. 247, 11/7/1994, Exhibit B; as amended by Ord. 271, 7/1/2002, §1)

§208. ENFORCEMENT REMEDIES.

The Borough may take appropriate action at law or equity, civil or criminal, to enforce theprovisions of the license, this Part, the rules and regulations applicable to this Part and this Partshall in no way restrict any remedies otherwise provided by law. The Borough shallspecifically have the right to file a claim in assumpsit against the licensee for any and all coststhat the Borough incurs by reason of having to remove and dispose of items that are not storedor removed in compliance with this Part or the rules and regulations applicable thereto.

(Ord. 247 11/7/1994, Exhibit B)

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(13, PART 3)

PART 3

CHARITABLE SOLICITATION

§301. DEFINITIONS.

CHARITABLE ORGANIZATION - any person, firm, group, partnership, corporation orassociation whose avowed purpose and object is to benefit, assist, aid and further the followingcauses:

A. Philanthropy.

B. Assistance to persons who are poor, impoverished, destitute, underprivileged,needy, diseased, injured, crippled, disabled, handicapped or in need of physicalor mental rehabilitation.

C. Churches, religious societies or other religious sects, groups or orders espousingspiritual and altruistic motives or conduct.

D. The teaching of patriotism, or promoting relief and assistance to this nation's warveterans.

E. Beneficial education of the mind or assistance to educational institutions.

F. The protection, shelter and sustenance of animals.

CHARITABLE SOLICITATION - seeking money donations, pledges thereof, or anything ofvalue to benefit, assist, aid and further the cause of a charitable organization, either orally orby literature distribution.

LITERATURE - books, pamphlets, handbills, tracts, cards, circulars, pictures, films, magazines,or any other written or printed material.

(Res. 12390, 12/3/1990; as revised by Ord. 261, 7/1/2002, §1)

§302. PERMITS.

It shall be unlawful for any charitable organization to solicit funds, as defined in §301 of thisPart, within the limits of the Borough of Cleona, without first applying for and obtaining apermit therefor and wearing at all times an identification card as provided herein.



§303. APPLICATIONS.

1. A sworn application in writing for a permit under this Part must be filed in duplicatewith the Chief of Police at least 3 days in advance of the first day sought for solicitationon a form to be furnished by the Borough, and shall state:

A. The full name and address (legal and local) of the person or organizationsponsoring, conducting or promoting the fund drive.

B. Whether or not the applicant is a branch or division of a national organization,and if so the name thereof, and the mailing and street address of same.

C. The purpose or object of the charitable solicitation.

D. The dates of the solicitation.

E. The number of persons to participate in the solicitation and the true legal nameand address of each, and the sex, height, color of hair and eyes of each.

F. A statement as to whether any person who will participate in the solicitation hasever been convicted of engaging in a fraudulent transaction or enterprise, a felonyor other criminal offense involving moral turpitude.

2. No fee shall be required for the filing of the application.


§304. REASONS FOR REFUSAL OF PERMIT.

The application shall be registered in a book called the Registry Book. The application shall begranted and the permit issued within 48 hours after the application has been filed unless, uponinvestigation by Chief of Police, one or more of the following facts are found to exist:

A. That one or more of the statements in the application is not true.

B. That the applicant or any agent or representative of the applicant who willparticipate under the permit has been convicted of engaging in a fraudulenttransaction or enterprise, a felony or other criminal offense involving moralturpitude, in which case the permit shall be denied to the applicant or to the agentor representative so convicted.

C. When the applicant or any agent or representative of the applicant who willparticipate under the permit has previously violated any of the terms andprovisions of this Part or any prior permit issued thereunder.


(13, PART 3)

§305. CANCELLATION OF PERMITS.

Any permit granted hereunder may be canceled after issuance if any of the reasons for priorrefusal should be discovered or become apparent during the solicitation period.


§306. PERMITS FOR CHARITABLE LITERATURE DISTRIBUTION.

It shall be unlawful for a charitable organization to distribute literature or any other articlewithin the limits of the Borough of Cleona, whether or not solicitation for money or anythingof monetary value is involved, without first applying for and obtaining permit in accordancewith §§303 through 305 set forth above for charitable solicitation.


§307. APPEALS.

Within 10 days after notice of the action has been mailed and hand delivered, the applicantshall notify the Chief of Police in writing of his intent to contest said action. Within 30 daysafter receipt of said notice to contest, the Borough Council shall hold a hearing on the appealpetition and render a decision or may institute a proceeding for temporary, preliminary andpermanent injunction to restrain the denied solicitation or distribution in a court of competentjurisdiction, which action shall be governed by the applicable rules of procedure and the timelimits thereunder.


§308. ISSUANCE OF PERMITS.

Upon issuance of a permit, the Chief of Police shall note his/her approval in the Registry Bookand shall, at the point, issue to the applicant or any agent or representative of the applicantwho will participate under the permit, an identification card, which card shall state theapplicant's name, address, sex, height, color of hair and eyes and full name of the charitableorganization which he or she represents.


§309. TIME, LOCATION, MANNER AND NUMBER OF PERSONS INVOLVED.

When permits for charitable solicitation or charitable literature distribution or combination ofthe two are granted, the following rules and standards shall apply:


A. Location. Such permits shall be restricted to public areas of the Borough and shallnot be construed as permission by any private property owner to conduct saidactivity on private premises.

B. Time. Permit holders shall be restricted to the hours of 9 a.m. to 9 p.m., on thedays of operation.

C. Manner of Operation.

(1) Each person included in a permit shall wear the identification card issuedby the Borough on the upper clothing and in a manner clearly visible to thepublic. It shall not be transferred to another person and must be returnedto the Chief of Police at the expiration of the permit.

(2) Each person included in a permit shall not initiate any physical contact withprospective donors unless said donor has either consented to such contactor agreed to make a contribution.

(3)

Permittees are at all times subject to all laws, statutes and ordinances,Federal, State or local, regarding fraud assault, battery, theft, littering andany other law relating to the conduct of persons in public places.


§310. DURATION AND RENEWAL.

A permit shall expire after 30 days from the date of issuance. A permit may be renewed forsuccessive 30 day intervals if written request for the same is received by the Chief of Policewithin the period of 10 days prior to the expiration date and the request for renewal containsa statement that the request is predicated on the same information as contained in the originalapplication.


§311. PENALTIES.

Any person, firm or corporation who shall violate any provision of this Part shall, uponconviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 plus costsand, in default of payment of said fine and costs, to imprisonment for a term" not to exceed 30days. Each day that a violation of this Part continues shall constitute a separate offense.


(13, PART 4)

PART 4

TRANSIENT RETAIL MERCHANTS

§401. DEFINITIONS.

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

LEGAL HOLIDAY - New Year's Day, Martin Luther King Day, Easter, Memorial Day,Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas.

PERSON - any natural person, partnership, association, corporation or other legal entity.

TRANSIENT RETAIL BUSINESS -

A. Engaging in peddling, soliciting or taking orders, either by sample or otherwise,for any goods, wares, or merchandise upon any street, alley, sidewalk or publicground, or from house to house, within the Borough of Cleona; or,

B. Selling, soliciting or taking orders for any goods, wares or merchandise from afixed location within the Borough of Cleona, on a temporary basis, which shallinclude, but not be limited to, such activities conducted at the time of specialoccasions or celebrations, for seasonal purposes or for yearly holidays.

2. The singular shall include the plural; the plural shall include the singular; and themasculine shall include the feminine and the neuter.

(Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, §1)

§402. LICENSE REQUIRED; CONDITIONS OF ISSUANCE; FEE.

No person shall engage in any transient retail business within the Borough of Cleona withoutfirst having obtained from the Chief of Police a license, for which a fee, which shall be for theuse of the Borough, shall be charged, said fee to be in such amount established, from time totime, by resolution of the Borough Council.


§403. EXCEPTIONS.

1. No license fee shall be charged:

A. To farmers selling their own produce.


B. For the sale of goods, wares and merchandise, donated by the owners thereof, theproceeds whereof are to be applied to any charitable or philanthropic purpose.

C. To any manufacturer or producer in the sale of bread and bakery products, meatand meat products or milk and milk products.

D. To children under the age of 18 years who take orders for and deliver newspapers,greeting cards, candy, bakery products and the like, or who represent the BoyScouts or Girl Scouts or similar organizations.

E. To the seeking or taking of orders by insurance agents or brokers licensed underthe insurance laws of the Commonwealth of Pennsylvania.

F. To a person who has complied with the provisions of the Solicitation of Funds forCharitable Purposes Act, 10 P.S. §162.1 et seq., as hereafter amended, supple-mented, modified or reenacted by the General Assembly of Pennsylvania.

G. For taking orders for merchandise, by sample, from dealers or merchants forindividuals or companies who pay a license or business privilege tax at their chiefplace of business.

2. But all persons exempted hereby from the payment of the license fee shall be requiredto register with the Chief of Police and obtain a license without fee; provided, any persondealing in one or more of the above mentioned exempted categories, and dealing withother goods, wares or merchandise not so exempted, shall be subject to the payment ofthe license fee fixed by this Section for his activities in connection with the sale of goods,wares and merchandise not in such exempted categories. Provided, further, the Chiefof Police may similarly exempt from payment of the license fee, but not from registeringwith him, persons working without compensation and selling goods, wares ormerchandise for the sole benefit of a nonprofit corporation. Provided, further, everylicense issued under the provisions of this Part shall be issued on an individual basis toany person or persons engaging in such business; every individual shall obtain aseparate license, issued to him in his name, and the license fee hereby imposed shall beapplicable to every such individual license, except that a representative of a charitableorganization may obtain licenses for the applicants.


§404. LICENSE APPLICATION.

Every person desiring a license under this Part shall first make application to the Chief of Policefor such license. He shall, when making such application, exhibit a valid license from any Stateor County officer, if such license is also required. The applicant shall state:

A. His criminal record, if any.

B. Name and address of the person by whom he is employed.

(13, PART 4)

C. Type of goods, wares and merchandise he wishes to deal within such transientretail business.

D. Length of time for which license is to be issued.

E. Type and license number of the vehicle to be used, if any


§405. ISSUANCE OF LICENSE; CUSTODY, DISPLAY AND EXHIBIT.

Upon receipt of such application and the prescribed fee, the Chief of Police, if he shall find suchapplication in order, shall issue the license required under this Part. Such license shall containthe information required to be given on the application therefor. Every license holder shallcarry such license upon his person if engaged in transient retail business from house to houseor upon any of the streets, alleys, sidewalks or public grounds, or shall display such license atthe location where he shall engage in such business if doing so at a fixed location. He shallexhibit such license, upon request, to all police officers, municipal officials and citizens orresidents of the Borough of Cleona.


§406. PROHIBITED ACT.

No person in any transient retail business shall:

A. Sell any product or type of product not mentioned in his license.

B. Hawk or cry his wares upon any of the streets, alleys, sidewalks or public groundsin the Borough.

C. When operating from a vehicle, stop or park such vehicle upon any of the streetsor alleys in the Borough for longer than necessary in order to sell therefrom topersons residing or working in the immediate vicinity.

D. Park a vehicle upon any of the streets or alleys in the Borough for the purpose ofsorting, rearranging or cleaning any of his goods, wares or merchandise or ofdisposing of any carton, wrapping material or stock, wares or foodstuffs whichhave become unsalable through handling, age or otherwise.

E. Engage in any business activity, except by prior appointment, at any time on aSunday or legal holiday or at any time before 9 a.m. or after 5 p.m. on any day ofthe week other than a Sunday or legal holiday.



§407. SUPERVISION; RECORDS AND REPORTS.

The Chief of Police shall supervise the activities of all persons holding licenses under this Part.He shall keep a record of all licenses issued hereunder and shall make a report thereof eachmonth to the Borough Council.


§408. DENIAL, SUSPENSION AND REVOCATION OF LICENSE; APPEAL.

The Chief of Police is hereby authorized to deny, suspend or revoke any license issued underthis Part when he deems such denial, suspension or revocation to be beneficial to the publichealth, safety or morals, or for violation of any provision of this Part or for giving falseinformation upon an application for a license hereunder. Appeals from any suspension,revocation or denial of a license may be made to the Borough Council at any time within 10days after such suspension, revocation or denial and a hearing shall be held within 30 days ofthe petition for appeal. No part of a license fee shall be refunded to any person whose licenseshall have been suspended or revoked.


§409. PENALTIES.

Any person, film or corporation who shall violate any provision of this Part shall, uponconviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 plus costsand, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30days. Each day that a violation of this Part continues shall constitute a separate offense.


(13, PART 5)

PART 5

UTILITY POLES

§501. PERMIT TO ERECT, MOVE OR REPLACE.

Upon application by any public utility company to the Director of Streets, Highways andPublic Improvements to erect, move or replace any telegraph, telephone, electric light, poweror other pole in or upon any of the streets or right-of-way within the Borough of Cleona, theBorough Council shall have the authority to issue a license to such applicant, upon the paymentof a fee in an amount as established from time to time by resolution of Borough Council, forsuch work with such conditions and modifications as it may deem fit to impose. The Boroughmay utilize such pole, if necessary


13-28

(13, PART 6)

PART 6

GARAGE AND YARD SALES

§601. TITLE.

This Part shall be known and cited as "Garage and Yard Sale Permit Ordinance."

(Ord. 261, 7/1/2002, §1)

§602. PURPOSE.

These rules and regulations are designed to control and restrict garage and yard sales in orderto protect the public health, safety and convenience and to restrict such sales to casual and/oroccasional occurrences, only, in keeping with the character of the neighborhood where thisactivity is carried on in compliance with the Zoning Ordinance of the Borough of Cleona[Chapter 27]. The intent of this Part is to eliminate perpetual, prolonged and extended garageand yard sales in residential areas. Such sales if continued indefinitely tend to become retailbusinesses in residential areas and zones, create a nuisance and often violate the zoningregulations of the Borough. The provisions of this Part arise from the need to limit, regulate,restrict and control garage and yard sales. It is not the intent of this Part to change or amendthe Zoning Ordinance [Chapter 27], Transient Retail Merchant Ordinance [Part 4] and/or anyother ordinances of the Borough of Cleona.

(Ord. 261, 7/1/2002, §1)

§603. DEFINITIONS.

As used in this Part, the following terms shall have the meanings indicated:

GARAGE SALES -

(1) The sale or offering for sale of new, used or secondhand items of personalproperty at any one residential premises at any one time.

(2) Includes all sales in residential areas entitled "garage sales," "yard sales,""tag sale," "porch sale," "lawn sale," "attic sale," 'basement sale," "rummagesale," "flea market sale" or any similar casual sale of tangible personalproperty.

GOODS - any goods, warehouse merchandise or other personal property capable ofbeing the object of a sale regulated hereunder.

PERSONS - individuals, partnerships, family groups, voluntary associations andcorporations.


MUNICIPALITY - all residential dwellings located within any type of zone, zoned area,zoning district, whether or not said areas or zones are residential, business, commercialor otherwise, within the geographic boundaries of the Borough of Cleona.

(Ord. 261, 7/1/2002, §1)

§604.YEARLY LIMIT ON GARAGE AND YARD SALES.

It shall be unlawful for any business to conduct in excess of five garage and yard sales withinthe geographical boundaries of the Borough of Cleona during any calendar year.

(Ord. 261, 7/1/2002, §1)

§605.EXEMPTIONS.

This Part shall not be applicable to:

A. Persons selling goods pursuant to an order of process of a court of competentjurisdiction.

B. Persons acting in accordance with their powers and duties as public officials.

C. Any publisher of a newspaper, magazine or other publication or other communi-cations media who publishes or broadcasts anything in good faith withoutknowledge of its false, deceptive or misleading character or without knowledgethat the provisions of this Part have not been met.

D. Any sale conducted by any legitimate business or commercial or industrialestablishment on property zoned under the zoning regulations of the Borough ofCleona with or without the protection of the nonconforming use section of thezoning laws, or any sale conducted by any other vendor or dealer when the saleis conducted in a properly zoned area and not otherwise prohibited by laws of theCommonwealth of Pennsylvania and ordinances of the Borough including thisPart.

E. Any public auction having a duration of no more than 2 days and conducted byan auctioneer, licensed by the Commonwealth of Pennsylvania.

(Ord. 261, 7/1/2002, §1)

(13, PART 6)

§606. PENALTIES.

Any person, firm or corporation who shall violate any provision of this Part shall, uponconviction thereof, be sentenced to pay a fine of not less than $50 nor more than S600.00, pluscosts and, in default of payment of said fine and costs, to a term of imprisonment for a term notto exceed 30 days. Each day that a violation of this Part continues shall constitute a separateoffense.

(Ord. 261, 7/1/2002, §1)

13-32

(13, PART 7)

PART 7

POLITICAL SIGNS

§701. REGULATIONS.

All political signs promoting or endorsing a candidate for political office shall meet thefollowing requirements:

A. Political signs shall not be placed on private property without having first havingobtained the consent of the owner of the property.

B. The political signs shall not be placed on the property more than 60 days prior tothe applicable election.

C. All political signs shall be removed from the property within 7 days of theelection.

(Ord. 261, 7/1/2002, §1)

§702. PENALTIES FOR VIOLATION.

Any person who violates any provision of this Part shall, upon conviction thereof, be sentencedto pay a fine of not less than $50 nor more than $600 plus costs and, in default of payment ofsaid fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violationof this Part continues shall constitute a separate offense.

(Ord. 261, 7/1/2002, §1)

13-34

(13, PART 8)

PART 8

HOUSING

§801. PURPOSES AND FINDINGS.

1. Purposes. In order to protect and promote the public health, safety, and welfare of thecitizens of Cleona Borough, it is the purpose of this Part to establish procedures forregistration of residential rental units located within Cleona Borough, by requiringowners and/or managers to obtain a Borough-issued license, to renew the licenseannually, as a means to gather information about residential rental units, and to monitortrends relating to residential rental units within Cleona Borough, and to establishpenalties for violations.

2. Findings.

A. The Cleona Borough Council desires to learn the location of each residential rentalunit, and its ownership, within Cleona Borough.

B. The Cleona Borough Council desires to learn the number of tenants residingwithin each residential rental unit within Cleona Borough.

C. The Cleona Borough Council desires to learn the density of residential rental unitswithin the various neighborhoods within Cleona Borough.

D. The Cleona Borough Council desires to identify police, fire, emergency, and anyother Cleona Borough responses to residential rental units within Cleona Borough.

E. The Cleona Borough Council desires to establish a systematic registration processthat will allow Cleona Borough to:

(1) Identify the location of each residential rental unit within Cleona Borough.

(2) Identify the ownership of each residential rental unit within CleonaBorough.

(3) Identify the number of tenants residing in each residential rental unit withinCleona Borough.

(4) Examine the density of residential rental units within the various neighbor-hoods within Cleona Borough.

(5) Identify responses by police, fire, other emergency responders, and otherCleona Borough agents to residential rental units within Cleona Borough.

13-35 Supp. II; added 12/2/2013


(6) The adoption of this Part is authorized by the Borough Code pursuant to 53P.S. §46202 et seq.

(Ord. 292, 8/1/2011, §I.A)

§802. DEFINITIONS.

The following definitions shall apply in the interpretation and enforcement of this Section:

BOROUGH - Cleona Borough, Lebanon County, Pennsylvania.

BOROUGH COUNCIL - Cleona Borough Council Members, Cleona Borough, LebanonCounty, Pennsylvania.

DWELLING UNIT - one or more rooms connected together, constituting a separate,independent housekeeping establishment for owner occupancy, or rental or lease on aweekly, monthly, or longer basis, and physically separated from any other rooms ordwelling units which may be in the same structure, and containing independent cookingand sleeping facilities for one family.

ENFORCEMENT OFFICER - any person specifically designated to enforce this Part byresolution of the Cleona Borough Council, the duly authorized representative(s) of sucha person, and all police officers of the Cleona Borough Police Department.

MANAGER - a person representing and acting on behalf of an owner.

OCCUPANT - any person living and sleeping in a residential rental unit or having actualpossession of said residential rental unit.

OWNER - any person who holds record title and/or the equitable owner under anagreement of sale for property upon which a residential rental unit is erected ormaintained. If more than one person owns the residential rental unit as joint tenants,tenants in common, tenants by the entireties, or tenants in copartnership, each suchperson shall be considered an owner and shall have all the duties of an owner under thisPart.

PERSON - a natural individual, unincorporated association, partnership, corporation,estate, trust or any other legally recognized entity, and each member of such partnership,and each officer of such other entity.

POLICE - the Police Department of Cleona Borough, or any properly authorized memberor officer thereof or any other law enforcement agency having jurisdiction within CleonaBorough.

13-36Supp. II; added 12/2/2013

(13, PART 8)

RESIDENTIAL RENTAL UNIT - a rooming unit, or a dwelling unit let for rent, or aresidential unit occupied by any persons other than one occupied solely by the ownerand members of the owner’s family. Each individual townhouse dwelling, eachindividual apartment unit, each individual unit in a multi-family building, and eachrooming unit, shall be considered a separate residential rental unit. If a structure containsa rooming unit or if any portion of the structure is let for rent, it shall be considered aresidential rental unit whether or not the owner or relative of the owner also resides inthe structure. A residential rental unit includes dwelling units under lease-purchaseagreements or long-term (greater than 6 months) agreements of sale. A residential rentalunit shall not include: hotels and motels; hospitals; nursing and personal care homes; bedand breakfast facilities; and entities operated exclusively for religious or charitablepurposes.

RESIDENTIAL RENTAL UNIT LICENSE - a document issued by the Borough, to theowner or manager of a residential rental unit.

ROOMING UNIT - a portion of a dwelling unit including any room or group of roomsforming a single habitable unit used or intended to be used for living and sleeping, butnot for cooking purposes. Granting of permission to use shared or common cookingfacilities maybe associated with the leasing of a rooming unit.

(Ord. 292, 8/1/2011, §I.B)

§803. DUTIES OF OWNERS AND MANAGERS OF RESIDENTIAL RENTAL UNITS.

1. It shall be the duty of every owner to:

A. Obtain and maintain a residential rental license for each residential rental unit.

B. Provide the Borough within 10 days of occupancy with the number of tenants inthe residential rental unit.

C. Notify the Borough of changes in the occupancy of the residential unit within 10days thereof.

D. Provide trash and recyclables collection and disposal services information andinstruct tenants regarding the collection process for such items (e.g., curbside ordumpster and day of pickup).

E. Lease each residential rental unit to only one family. For the purposes of thisparagraph, a “family” is defined in the Borough Zoning Ordinance [Chapter 27].

F. Retain a manager when this Part requires that a manager be designated.

13-37 Supp. II; added 12/2/2013


G. If the owner has appointed a manager, the manager shall be jointly responsible tofulfill all of the obligations set forth herein. No owner may relieve himself of theresponsibility to perform the duties set forth herein by appointing a manager.

H. It shall be the responsibility of the owner or manager to provide a copy of theresidential rental license to the occupants of each residential rental unit. Theresidential rental license shall include the following information:

(1) The name and telephone number of the owner or manager.

(2) The date of expiration of the residential rental license.

2. No residential rental license shall be issued to any owner residing more than 30 milesfrom the municipal limits of the Borough unless the owner provides the Borough withthe name, mailing address and telephone number of a manager residing within 30 milesof the municipal limits of the Borough, authorized to accept service of process on behalfof the owner. For the purpose of this Section, a post office box is not acceptable for themanager’s address. This designation shall not be valid unless signed by the owner andthe manager designated to act on behalf of the owner. The owner shall notify theBorough within 10 days of any change in manager.

(Ord. 292, 8/1/2011, §I.C)

§804. DUTIES OF OCCUPANTS OF RESIDENTIAL RENTAL UNITS.

It shall be the duty of each occupant of a residential rental unit to:

A. Use the trash and recyclables collection service as instructed by the owner toinclude placing trash out for weekly pickup.

B. Not allow persons other than those identified in the lease agreement to reside inthe residential rental unit except as permitted by law.

(Ord. 292, 8/1/2011, §I.D)

§805. RESIDENTIAL RENTAL UNIT LICENSING.

1. On or before March 31, 2012, the owner or, if applicable, the manager of each residentialrental unit within the Borough shall apply for a residential rental license from theBorough, which shall be valid until December 31, 2012.

2. By December 31 of each calendar year, beginning with the 2012 calendar, the owner or,if applicable, the manager of each residential rental unit shall apply for a residential

13-38Supp. II; added 12/2/2013

(13, PART 8)

rental license from the Borough, which shall be valid. from January 1 to December 31 ofthe following year.

3. The Enforcement Officer shall issue a residential rental license if the owner provides hisname, address and phone number and, if applicable, the name, address and phonenumber of a manager, pays the annual registration fee, and submits a complete andaccurate count of the number of tenants for the residential rental unit by December 31 ofeach year.

4. The Enforcement Officer shall deny and may revoke a residential rental license if theowner does not provide his name, address and phone number, and, if applicable, thename, address and phone number of a manager, does not pay the annual registration fee,or does not correct a violation of this Part within 30 days of notification of the violationby the Enforcement Officer.

5. The Enforcement Officer shall forward written notice to the owner if the EnforcementOfficer will deny, refuse to renew or revoke a residential rental license. The notificationshall (A) identify the residential rental unit (B) the grounds for the denial, non-renewalor revocation, including the factual circumstances and the Section of this Part supportingsuch determination; and (C) inform the owner of the right to appeal the denial, non-renewal or revocation of the residential rental license to the Borough Council under thisPart.

6. The Enforcement Officer may reinstate a residential rental license if the owner ormanager corrects the reason for the revocation of the residential rental license, has paidthe proper fees and is otherwise in compliance with this Part and all other applicablerules, regulations, codes, ordinances and laws.

7. Cleona Borough Council shall be authorized from time to time to establish by resolutionsuch fees as they determine are necessary to administer all provisions of this Part.

(Ord. 292, 8/1/2011, §I.E)

§806. SALE OR TRANSFER OF RESIDENTIAL RENTAL UNITS.

A residential rental license shall not be transferred. In the case of licensed residential rentalunits that are sold or transferred, the new owner shall seek a residential rental license for eachresidential rental unit within 30 days of the date of the sale or transfer.

(Ord. 292, 8/1/2011, §I.F)

§807. APPEALS.

13-39 Supp. II; added 12/2/2013


An appeal from any decision of the Enforcement Officer shall be taken to the Borough Council.Such appeal shall be made in writing within 30 days after such decision has been made. Theappeal shall be verified by an affidavit, shall state the grounds for the appeal and shall be filedwith the Borough Manager. The appeal shall be accompanied by the appeal fee which shall beestablished from time to time by resolution of the Borough Council. The appellant or hisrepresentative shall have the right to appear and be heard, if such right is requested in thewritten appeal. The Borough Council shall make a decision on the appeal within 10 calendardays following the hearing. The Borough Council shall render a written decision, copies ofwhich shall be provided to the Enforcement Officer and the appellant.

(Ord. 292, 8/1/2011, §I.G)

§808. ENFORCEMENT.

1. The Enforcement Officer is authorized to enforce this Part and to initiate enforcementactions against owners, managers, and occupants for any violation of this Part.

2. Any enforcement proceeding shall begin by service of a written notice upon the owner,manager and/or occupant, which shall identify the residential rental unit, provide adetailed description of the violation resulting in the enforcement notice, the date of thenotice and the date for compliance with the Part, and a direction of what is required forcompliance with the Part.

3. The enforcement notice shall be served upon the owner, agent, and/or occupant bypersonal service, or service by certified or registered mail, return receipt requested, or,if this mail is returned, by posting the enforcement notice in a conspicuous place uponthe residential rental unit.

(Ord. 292, 8/1/2011, §I.H)

§809. VIOLATIONS AND PENALTIES.

1. Violations. It shall be a violation of this Part for any person to fail to comply with §§803,804, 805, or 806 of this Part.

2. Specific Penalties.

A. An owner, manager or occupant determined to be in violation of this Part shall besubject to a fine as follows:

(1) For any violation, a fine of not less than $100 and not more than $500 perresidential rental unit for each month or portion thereof that such violationexists with each month or portion thereof constituting a separate violation.

13-40Supp. II; added 12/2/2013

(13, PART 8)

(2) Costs and Borough Attorneys Fees. Where the Borough incurs any costsrelating to any violation of this Part or any enforcement action, includingcounsel fees from the Borough Solicitor, the owner, manager, and/oroccupant, found by any court in violation of this Part or where enforcementis directed, shall also be responsible for all such costs and attorneys feesincurred by the Borough.

(3) The penalty provisions of this Part and the enforcement provisions of thisPart are non-exclusive remedies and the Enforcement Officer may use eitheror both to enforce this Part.

(4) The Enforcement Officer may pursue such civil or equitable remedies in anycourt of record of the Commonwealth of Pennsylvania, against any owner,manager or occupant, or their property, real or personal in order to meet theprovisions of this Part.

(Ord. 292, 8/1/2011, §I.I)

13-41 Supp. II; added 12/2/2013

13-42

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