[HISTORY: Adopted by the Borough Council of the Borough of
Parkside 8-24-2005 by Ord. No.
457. Amendments noted where applicable.]
A.
The Borough Council of Parkside Borough finds and determines:
(1)
That certain private properties require a disproportionate amount
of police service with many calls requiring response to maintain order
and public peace and to stop public disturbances so that there is
less police personnel and resources available for other locations,
emergencies and duties in the Borough, and extraordinary police service
at such properties puts a disproportionate and unfair burden upon
the citizens and taxpayers of the Borough;
(2)
That owners and/or rental agents in charge of such private properties
derive a benefit from such police service;
(3)
That the owners and/or rental agents in charge of such private properties
have a responsibility to manage their properties to minimize required
police service to maintain order and public peace and to stop public
disturbances and to minimize the burden upon citizens and taxpayers
of the Borough and to promote the health, safety and welfare of the
public in general;
(4)
That the owners and/or rental agents in charge of such private properties
can minimize required police service to maintain order and public
peace and to stop public disturbances by diligent and strict management
and regulation of their properties; and
(5)
That assessment of costs as provided in this chapter is reasonable
and will have a deterrent effect and encourage more responsible management
of such properties.
B.
It is not the intent of this chapter to discourage or suppress requests
for police service, but rather to encourage and stimulate diligent
and strict management and regulation of private property by owners
and/or rental agents in charge.
As used in this chapter, the following terms shall have the
meanings indicated:
Person or persons or corporation or other entity comprising
record owner or owners of any land or building.
An amount fixed by Borough Council to cover estimated compensation
of officers for the amount of time normally spent in responding to
a call or otherwise maintaining order and public peace and stopping
disturbances, appropriate administrative costs allocable thereto,
and medical treatment to injured officers and the cost of repairing
damaged Borough equipment or property. This amount shall be fixed
from time to time and shall be based upon average cost for a typical
police response.
Any land or building, including single and multifamily dwellings
and commercial and industrial buildings not owned by public entity.
Any party, gathering, event or disturbance involving disorderly
conduct as described by the Pennsylvania statutes.
Any federal, state or local government or school district
or agency or authority created or organized thereby.
Every owner of and/or rental agent with responsibility to manage
private property within the Borough is required to pay police service
costs to maintain order and public peace and to stop public disturbances
at such private property for each response by the police in excess
of one response per thirty-day period in an amount fixed by resolution
of the Borough Council. Provided, however, that police service in
connections with crimes against residents and/or property by persons
not residing or invited guests or otherwise lawful occupants of the
private property shall not be considered responses for purposes of
this chapter. Provided, further, that police service in connection
with spousal abuse or abuse of children by parents or in connection
with crimes classified as misdemeanors or felonies under the Pennsylvania
Crime Code[1] shall not be considered responses for purposes of this
chapter.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
The Chief of Police or other duly authorized agent of the Borough shall notify the owner of and/or rental agent with responsibility to manage such private property that a response has been made to such property to maintain order or public peace or to stop a public disturbance. Such notice shall be given by regular mail to the last known address of such owner and/or rental agent. Provided, however, that an owner and/or rental agent with responsibility to manage private property shall be required to pay police service cost in accordance with § 135-3 of this chapter whether or not such notice has been given.
Police service costs due in accordance with § 135-3 hereof shall be billed to the owner and/or rental agent with responsibility to manage private property by the Borough Secretary or her duly authorized agent and shall be due and payable within 30 days of such billing.
Unpaid police service costs may be collected by civil action
by the Borough against the owner and/or rental agent with responsibility
to manage such private and/or may be imposed or assessed against such
private property as a municipal claim under the Act of May 16, 1923,
P.L. 207, as amended, (53 P.S. § 7101). In either event,
a penalty of 10% and interest at the rate of 10% per annum shall be
added and collected as provided by law.
[Added 7-26-2017 by Ord. No. 541]
It shall be unlawful for any property owner, lessee or tenant
to maintain, keep, lease or allow public disturbances on private property
in the Borough of Parkside.
[Added 7-26-2017 by Ord. No. 541]
Any such public disturbances occurring on private property that
shall be disruptive to the peace and well-being of the surroundings
and greater community is declared to be a public nuisance by either
the police or the Borough Code Officer.
[Added 7-26-2017 by Ord. No. 541]
Any person, legal entity, property owner, lessee or tenant,
including but not limited to all parties responsible for breaching
civil order and public peace and causing public disturbances, who
shall be found guilty of requiring a police response in excess of
one response per thirty-day period, shall be fined $300 for the first
offense and $600 for all subsequent offenses occurring within the
same thirty-day period.
