Borough of Pottstown, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 1778, 10/10/1994]
Pottstown Borough Council finds and determines:
A. 
That certain private properties require a disproportionate amount of police services 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.
B. 
That owners and/or rental agents in charge of such private properties derive a benefit from such police service.
C. 
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.
D. 
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.
E. 
That assessment of costs as provided in this Part is reasonable and will have a deterrent effect and encourage more responsible management of such properties.
It is not the intent of this Part 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.
[Ord. 1778, 10/10/1994]
OWNER
Person or persons or corporation or other entity comprising record owner or owners of any land or building.
POLICE SERVICE COSTS
an amount established by the Borough Council, from time to time, 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 based upon an average cost for a typical police response.
[Amended by Ord. 2096, 9/10/2012]
PRIVATE PROPERTY
Any land or building, including single and multifamily dwellings and commercial and industrial buildings not owned by a public entity.
PUBLIC DISTURBANCES
Any party, gathering, event or disturbance involving disorderly conduct as described in Chapter 6, Part 3, of the Pottstown Borough Code.
PUBLIC ENTITY
Any federal, state or local government or school district or agency or authority created or organized thereby.
[Ord. 1778, 10/10/1994; as amended by Ord. 2096, 9/10/2012]
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 established by resolution of the Borough Council. Police responses for the following shall not be considered responses for purposes of this Part:
A. 
Police service in connection with spousal abuse and/or abuse of children.
B. 
Police service in connection with crimes against residents and/or property by persons not lawfully occupying the private property.
C. 
Crimes classified as misdemeanors or felonies pursuant to the Pennsylvania Crimes Code, except that the responses to the following crimes will be considered responses pursuant to this Part:
(1) 
Borough ordinance violations relating to disorderly conduct;
(2) 
§ 5501 - Riot.
(3) 
§ 5502 - Failure of disorderly persons to disperse.
(4) 
§ 5511 - Cruelty to animals.
(5) 
§ 5901 - Open lewdness.
(6) 
§ 6301 - Corruption of minors.
(7) 
§ 6308 - Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.
(8) 
§ 6310.1 - Furnishing liquor or malt or brewed beverages to minors.
(9) 
§ 6310.7 - Furnishing liquor or malt brewed beverages to persons under 21.
(10) 
§ 6501 - Scattering rubbish.
(11) 
§ 6504 - Public nuisances.
(12) 
Drug Act violations (Act 64).
[Ord. 1778, 10/10/1994]
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 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 costs in accordance with § 203 of this Part whether or not such notice has been given.
[Ord. 1778, 10/10/1994]
Police service costs due in accordance with § 203 hereof shall be billed to the owner and/or rental agent with responsibility to manage private property by the Finance Director or his duly authorized agent and shall be due and payable within 30 days of such billing.
[Ord. 1778, 10/10/1994]
Unpaid police service costs may be collected by civil action by the Borough against the owner and/or rental agent with responsibility to manage private property 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.
[Ord. 1788, 12/12/1994, § 1]
The owner, manager or person in control of fuel products or hazardous materials shall reimburse the Borough, its fire companies or other emergency services organizations for expenses and services in connection with the release or threatened release of such products or materials in the Borough. Such expenses shall include all costs and fees for labor, materials and/or equipment used to monitor, extinguish, confine, neutralize, contain, clean, remove and dispose of any fuel products or hazardous materials that are or may be involved in a fire or release or threatened release into the air, ground or water, and shall include protective actions, including evacuation to protect the public health, safety and welfare. Services shall include services performed by Borough departments or employees or any public or private organization to mitigate a hazard or potential hazard or to provide protective action.
[Ord. 1788, 12/12/1994, § 2]
Reimbursement for such expenses and services shall be paid to the Borough. The Borough, in turn, shall distribute such reimbursement to itself and other organizations as appropriate.
[Ord. 1788, 12/12/1994, § 3]
The Borough may enforce the provisions of this Part by civil action in a court of competent jurisdiction. Reimbursement shall include reasonable attorneys' fees.
[Ord. 1788, 12/12/1994, § 4]
It shall be unlawful to intentionally or negligently cause or permit the actual or threatened release of fuel products or hazardous materials in the Borough of Pottstown.
[Ord. 1788, 12/12/1994, § 5]
Any person, firm or corporation who shall violate any provision of this Part shall be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed 30 days.