[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.
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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.
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[Ord. 1778, 10/10/1994]
Person or persons or corporation or other entity comprising
record owner or owners of any land or building.
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]
Any land or building, including single and multifamily dwellings
and commercial and industrial buildings not owned by a 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.
