[HISTORY: Adopted by the Borough Council
of the Borough of Milton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-28-1998 by Ord. No. 1103]
Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of ordinances and resolutions for the Borough of Milton, County of Northumberland, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 243, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Milton, which shall be known and is hereby designated as the "Code of the Borough of Milton," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Milton, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Milton and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any ordinance adopted subsequent to July 23, 1997
(Ordinance No. 1088).
B.
Any right or liability established, accrued or incurred
under any legislative provision of the Borough prior to the effective
date of this ordinance or any action or proceeding brought for the
enforcement of such right or liability or any cause of action acquired
or existing.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the Borough or any penalty, punishment or forfeiture which may result
therefrom.
D.
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this ordinance, brought pursuant to any legislative provision
of the Borough.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Borough or any lawful contract,
obligation or agreement.
F.
Any ordinance appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the Borough or other instruments
or evidence of the Borough's indebtedness.
G.
Any ordinance adopting an annual budget or establishing
an annual tax rate.
H.
Any ordinance providing for the levy, imposition or
collection of special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease
or transfer of property or acquiring property by acceptance of deed,
condemnation or exercise of eminent domain.
J.
Any ordinance annexing land to the Borough.
K.
Any ordinance providing for requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L.
Any ordinance or part of an ordinance providing for
laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation
of any right-of-way, easement, street, road, highway, sidewalk, park
or other public place or property or designating various streets as
public highways.
M.
Any ordinance establishing water, sewer or other special
purpose districts and designating the boundaries thereof; providing
for a system of sewers or water supply lines; or providing for the
construction, extension, dedication, acceptance or abandonment of
any part of a system of sewers or water supply lines.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation
of officers and employees of the Borough or setting the bond of any
officer or employee.
P.
The Zoning Ordinance of the Borough of Milton and
any amendment thereto, including any ordinance concerning changes
and amendments to the Zoning Map.
Q.
The Subdivision and Land Development Ordinance and
any amendment thereto.
R.
Ordinances Nos. 1021 and 1022.
All ordinances and resolutions of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances and resolutions shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances and resolutions of the Borough for adoption
and revision as part of the Code, certain nonsubstantive grammatical
and style changes were made in one or more of said ordinances. It
is the intention of the Borough Council that all such changes be adopted
as part of the Code as if the ordinances and resolutions so changed
had been previously formally amended to read as such.
B.
Substantive changes and revisions. In addition to the changes and revisions described above, the following changes and revisions of a substantive nature are hereby made to various ordinances and resolutions included in the Code. These changes are made to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed have been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15.[1]
[1]
Editor's Note: In accordance with § 1-6B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "amended (added) 10-23-1998 by Ord. No. 1103. A complete description of all changes is on file in the Borough offices.
In interpreting and applying the provisions
of the Code, they shall be held to be the minimum requirements for
the promotion of the public health, safety, comfort, convenience and
general welfare. Where the provisions of the Code impose greater restrictions
or requirements than those of any statute, other ordinance, resolution
or regulation, the provisions of the Code shall control. Where the
provisions of any statute, other ordinance, resolution or regulation
impose greater restrictions or requirements, the provisions of such
statute, other ordinance, resolution or regulation shall control.
A.
Chapter and article titles, headings and titles of
sections and other divisions in the Code or in supplements made to
the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's notes indicating sources of sections, giving
other information or referring to the statutes or to other parts of
the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
Three copies of the Code in a post-bound volume
shall be filed with the Ordinance Book in the office of the Borough
Secretary and shall remain there for use and examination by the public.
Upon adoption, such copies shall be certified to by the Borough Secretary,
as provided by law, and such certified copies shall remain on file
in the office of the Borough Secretary, available to persons desiring
to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments
or supplements to the Code, when passed and adopted in such form as
to indicate the intention of the Borough Council to be a part thereof,
shall be deemed to be incorporated into such Code so that reference
to the Code shall be understood and intended to include such changes.
Whenever such additions, deletions, amendments or supplements to the
Code shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the post-bound book containing said Code as
amendments and supplements thereto.
It shall be the duty of the Borough Secretary
or someone authorized and directed by him or her to keep up-to-date
the certified copies of the book containing the Code required to be
filed in the office of the Borough Secretary for the use of the public.
All changes in said Code and all ordinances and resolutions adopted
by the Borough Council subsequent to the effective date of this codification
which the Borough Council shall adopt specifically as part of the
Code shall, when finally adopted, be included therein by reference
until such changes or new ordinances or resolutions are printed as
supplements to said Code books, at which time such supplements shall
be inserted therein.
The Borough Secretary, pursuant to law, shall
cause to be published in the manner required a notice of the introduction
and of the adoption of the Code in a newspaper of general circulation
in the Borough. The enactment and application of this ordinance, coupled
with the publication of the notices of introduction and adoption,
as required by law, and the availability of copies of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of the Code for all
purposes.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, or to alter or tamper
with the Code or any part or portion thereof, in any manner whatsoever,
which will cause the law of the Borough to be misrepresented thereby.
Anyone violating this section of this ordinance shall, upon conviction
thereof, be punished by a fine not exceeding $600, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not
exceeding 30 days.
The provisions of this ordinance and of the
Code adopted hereby are severable, and if any clause, sentence, subsection,
section, article, chapter or part thereof shall be adjudged by any
court of competent jurisdiction to be illegal, invalid or unconstitutional,
such judgment or decision shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation and application
to the clause, sentence, subsection, section, article, chapter or
part thereof rendered. It is hereby declared to be the intent of the
Borough Council that this ordinance and the Code would have been adopted
if such illegal, invalid or unconstitutional clause, sentence, subsection,
section, article, chapter or part thereof had not been included therein.
All provisions of this ordinance and of the
Code shall be in force and effect on and after October 28, 1998.
[Adopted 3-11-2015 by Ord. No. 1195; amended 3-22-2023 by Ord. No. 1246]
The purpose of this article is to set forth the enforcement
procedures and penalties for violations of Borough ordinances adopted
after the date of this article.
Unless otherwise provided by an ordinance, notification of a
violation shall be issued by the Code Enforcement Officer, Zoning
Officer, Borough Police personnel or other designated person or agency
authorized to do so by the Borough. Violation notices shall consist
of either a written notice, a parking ticket or a citation issued
pursuant to an action filed with the respective proceeding with the
Magisterial District Judge as provided in the Pennsylvania Rules of
Criminal and Civil Procedure, the Pennsylvania Municipalities Planning
Code and the Pennsylvania Borough Code, and the Pennsylvania Judicial
Code.
A.
Except as otherwise specified within any ordinance and the Code of
the Borough of Milton, the following penalty levels and fines are
hereby established for each violation of an ordinance that relates
to building, housing, property maintenance, health, fire, public safety,
parking, solicitation, curfew, water, air or noise pollution:
|
Level One Violation
| |
|
First offense
|
$50 minimum fine
|
|
Second offense
|
$100 minimum fine
|
|
Third offense
|
$150 minimum fine
|
|
Level Two Violation
| |
|
First offense
|
$50 minimum fine
|
|
Second offense
|
$150 minimum fine
|
|
Third offense
|
$300 minimum fine
|
|
Level Three Violation
| |
|
First offense
|
$250 minimum fine
|
|
Second offense
|
$450 minimum fine
|
|
Third offense
|
$600 minimum fine
|
|
Level Four Violation
| |
|
First offense
|
$500 minimum fine
|
|
Second offense
|
$ 750 minimum fine
|
|
Third offense
|
$1,000 minimum fine, or possible imprisonment
|
B.
Determination of first, second or third offense.
(1)
Determination of first, second or third offense shall be based upon
occurrence of a violation of the same ordinance within the preceding
five years by the same person(s).
(2)
The occurrence of a violation in excess of a third offense of a Level
One, Level Two, or Level Three violation shall constitute a violation
of the next higher class, at the level of a second offense.
(3)
Each day that a violation is found to occur shall constitute a separate
offense and each section of an ordinance which is found to have been
violated shall also constitute a separate offense.
C.
Enforcement.
(1)
Enforcement of any ordinance under this section shall be by action
brought before a Magisterial District Judge in the same manner provided
for enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure and the provisions of the Pennsylvania Judicial
Code. Borough Council may prescribe criminal fines not to exceed $1,000
per violation and may prescribe imprisonment to the extent allowed
by law for the punishment of summary offenses.
A.
Except as otherwise specified within any ordinance and the Code of
the Borough of Milton, the following penalty levels and fines are
hereby established for each violation of an ordinance that do not
relate to building, housing, property maintenance, health, fire, public
safety, parking, solicitation, curfew, water, air, or noise pollution:
|
Level One Violation
| |
|
First offense
|
$50 minimum fine
|
|
Second offense
|
$100 minimum fine
|
|
Third offense
|
$150 minimum fine
|
|
Level Two Violation
| |
|
First offense
|
$50 minimum fine
|
|
Second offense
|
$150 minimum fine
|
|
Third offense
|
$300 minimum fine
|
|
Level Three Violation
| |
|
First offense
|
$250 minimum fine
|
|
Second offense
|
$450 minimum fine
|
|
Third offense
|
$600 minimum fine
|
B.
Determination of first, second or third offense.
(1)
Determination of first, second or third offense shall be based upon
occurrence of a violation of the same ordinance within the preceding
five years by the same person(s).
(2)
The occurrence of a violation in excess of a third offense of a Level
One or Level Two violation shall constitute a violation of the next
higher class, at the level of a second offense.
(3)
Each day that a violation is found to occur shall constitute a separate
offense and each section of an ordinance which is found to have been
violated shall also constitute a separate offense.
C.
Enforcement.
(1)
Enforcement of any Ordinance under this Section shall be initiated
by a complaint or by such other means as may be provided by the Pennsylvania
Rules of Civil Procedure and the Pennsylvania Judicial Code. Borough
Council may prescribe civil penalties not to exceed $600 per violation.
Notwithstanding the aforesaid enforcement proceedings, the Borough
may also enforce all ordinances through an action in equity brought
in the Court of Common Pleas of Northumberland County.
A separate offense shall arise for each day or a portion of
a day in which the violation is found to exist and for each section
of the ordinance which is found to have been violated.
In the event that such claims for fines and penalties exceed
the monetary jurisdiction of a Magisterial District Judge, as set
forth in 42 Pa. C.S.A. Section 1515(a), exclusive of interest, costs
or other fees, the borough may bring such action in the Court of Common
Pleas or may, pursuant to 42 Pa. C.S. Section 1515(a) waive that portion
of fines or penalties that exceed the monetary jurisdictional limits
so as to bring the matter within the monetary jurisdiction of the
Magisterial District Judge.
Any person found guilty of violating any ordinance of the Borough
of Milton may be assessed court costs and reasonable attorney's
fees incurred by the Borough in the enforcement proceedings.
This article shall apply only to violations of ordinances that
have been enacted after the date of this article and shall not be
retroactive in application to any ordinances enacted prior to the
date of this article.
This article replaces and repeals Ordinance No. 1195, and any
other ordinance which is inconsistent with this article is hereby
repealed.
