As used in this article, the following terms shall have the
meanings indicated:
OWNER
The person or persons or corporation or other entity designated
on title records as the owner or owners of any land or building.
POLICE SERVICE COSTS
An amount fixed by Borough Council to cover estimated compensation
of officers for 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 an average cost for a typical police response.
PRIVATE PROPERTY
Any land or building, including single-family 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 by the Pennsylvania statutes.
PUBLIC ENTITY
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 two responses per thirty-day period in an amount fixed by resolution
of the Borough Council; provided, however, that police service in
connection with crimes against residents and/or property by persons
not residing there or invited guests or otherwise lawful occupants
of the private property shall not be considered responses for purposes
of the article; and 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
Crimes Code shall not be considered responses for purposes of this
article.
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 certified 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 this
article whether or not such notice has been given.
Police service costs due in accordance with this article shall
be billed to the owner and/or rental agent with responsibility to
manage private property or his 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 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 et seq.). 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.