[HISTORY: Adopted by the Board of Supervisors
of the Township of Lawrence 5-2017 by Ord. No. 2017-02. Amendments noted
where applicable.]
This chapter shall be known and cited as the "Lawrence Township
Elk Guide Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
A fee imposed by the Township on an annual basis upon any
purported elk guide applicant who requests an application form from
the Township to be considered for licensure as and elk guide under
this chapter.
Any individual, corporation, partnership, limited liability
company, and/or any other entity or combination thereof who holds
himself/herself/itself, or its agents and/or employees, out as having
expertise, experience and/or training in elk guiding and who/which
will otherwise contract with, or intends to contract with, any Pennsylvania-licensed
elk hunter(s) and/or tag holder(s) for purposes of leading and/or
guiding said hunter(s) with the intention of facilitating said hunters'
chances of shooting, and otherwise harvesting, male and/or female
elk in any of the elk hunting zones established within the boundaries
of Lawrence Township, Clearfield County, Pennsylvania, by the Pennsylvania
Game Commission.
An annual license issued by the Township which authorizes
an applicant to provide elk guiding services within the boundaries
of Lawrence Township, Clearfield County, Pennsylvania under the terms
and conditions of this chapter.
An annual fee imposed by Lawrence Township under this chapter
which must be paid to Lawrence Township, in advance, before any elk
guide license is issued and before any such elk guide has authority
to provide elk hunters with elk guiding services within any of the
elk hunting zones established by the Pennsylvania Game Commission
within the confines of Lawrence Township, Clearfield County, Pennsylvania.
The Lawrence Township officer and/or employee charged with
accepting and reviewing all elk guide license applications, under
this chapter, and with issuing all Lawrence Township elk guide licenses.
The initial registration agent under this chapter shall be the Lawrence
Township Secretary.
Lawrence Township, Clearfield County, Pennsylvania (being
a Second Class Township as so designated under Pennsylvania law),
which maintains its registered office at 9120 Clearfield-Curwensville
Highway, Clearfield, Pennsylvania 16830.
A.
Violation of laws.
(1)
No elk guide license shall be issued by Lawrence Township if the
applicant has been in violation of any law and/or ordinance of the
United States of America, any of the 50 states thereof, the Commonwealth
of Pennsylvania and/or any municipality situate within the confines
of Clearfield County, Pennsylvania, which has resulted in:
(a)
The conviction of a felony within the past 10 years; or
(b)
The incarceration of the applicant for a period of not less
than one year; during the past 10 years; and
(c)
Said applicant not being eligible to obtain a hunting and/or
fishing license in that state and/or territory for the preceding 10
years; and/or
(d)
Said individual and/or entity paying a fine of $300 or more
due to having been found to be in violation of that State's hunting
and/or fishing laws and/or regulations, within the past 10 years.
(2)
This specifically includes any violation within a ten-year-period
preceding said application involving violations of the rules and regulations
of the Pennsylvania Game Commission regarding hunting, fishing and/or
poaching of wildlife. Each applicant will be required to provide Lawrence
Township with a Pennsylvania State Police criminal history clearance
certificate or similar criminal history clearance certificate, at
the time his/her/its application for an elk guide license is submitted.
The above background check may be waived by the Township Registration
agent provided the applicant has already completed a successful background
check to the satisfaction of the Pennsylvania Game Commission, with
a copy of said completed and approved background check to be appended
to the applicant's completed application form.
B.
No issued elk guide license can be transferred and/or assigned by
the holder thereof to any other person and/or entity.
C.
No applicant entity may have more than eight individuals conducting
elk guide services in the Township during any particular year.
D.
In the event Lawrence Township learns of any noncompliance with Subsection A, B, and/or C of this section after a license has been issued, said license may be suspended and/or revoked at the discretion of the Lawrence Township Supervisors and will remain suspended and/or revoked until any such noncompliance has been corrected as determined by the Lawrence Township Supervisors. Prior to an elk guide license suspension and/or revocation, Lawrence Township shall notify the license holder by both regular and certified mail of the nature of the noncompliance and that the licensee has 10 days to correct said noncompliance or his/her/its license will be revoked immediately thereafter.
E.
Any person and/or entity whose initial elk guide application is denied
by the registration agent will have the right to meet with said registration
agent to determine if any deficiency can be corrected and thereafter
shall have the right to a hearing before the Lawrence Township Board
of Supervisors, provided a written request for a hearing is filed
with the Township Secretary within 10 days of the mailing date of
the certified letter of said denial. The Township Board of Supervisors
shall have the right to either affirm any denial to grant said elk
guide license, or said Township Board of Supervisors may grant said
elk guide license application with such restrictions as the Supervisors
think are warranted.
F.
In the instance of the denial of an elk guide license application
and/or of the revocation or suspension of any such license, the decision
of the registration agent and/or the Township Board of Supervisors
shall be provided to the applicant or license holder by regular mail
and certified mail. The registration agent shall have the authority
to bring a case to the Township Board of Supervisors for consideration
at any time.
G.
Any applicant whose elk guide license application has been denied,
or whose license has been suspended and/or revoked shall have the
right to appeal the action taken to the Court of Common Pleas of Clearfield
County, Pennsylvania. The taking of an appeal should be made within
30 days of the decision date of the Township Board of Supervisors.
A.
It shall be unlawful for any elk guide (as said term is defined in § 51-2 hereof) to organize, promote, facilitate, undertake and/or actually guide any Pennsylvania licensed elk hunter and/or tag holder on an elk hunt within the boundaries of Lawrence Township, Clearfield County, Pennsylvania, without said elk guide having first paid the annual licensure fee and otherwise having obtained the annual elk guide license for Lawrence Township at the office of the Secretary of Lawrence Township, Clearfield County, Pennsylvania, situate at the Lawrence Township Building, 9120 Clearfield-Curwensville Highway, Clearfield, Pennsylvania 16830.
B.
It shall be unlawful for any elk guide to collect a fee from any
prospective elk hunter for guiding services relative to an elk hunt
to be undertaken within the boundaries of Lawrence Township, Clearfield
County, Pennsylvania, before first paying to Lawrence Township the
annual licensure fee and obtaining a current elk guide license from
the Lawrence Township registration agent.
C.
It shall be unlawful for any elk guide to either lead, facilitate,
undertake, participate in an elk hunt or collect a fee for any such
elk hunt, to occur within the boundaries of Lawrence Township, Clearfield
County, Pennsylvania, other than within the elk hunting zones designated
by the Pennsylvania Game Commission.
D.
Any elk guide obtaining an annual elk guide license from Lawrence
Township, shall not participate, undertake, facilitate or lead any
elk hunting party without displaying the license issued by Lawrence
Township hereunder during said hunt.
A.
The registration and application for an annual elk guide license
must be made on forms provided by the Lawrence Township Board of Supervisors
and shall contain at least the following information:
(1)
Full legal names, addresses, telephone numbers and email addresses
(if any), and federal tax ID numbers of all individuals, corporations,
partnerships, limited liability companies and/or other entities applying
for an annual elk guide license from Lawrence Township.
(2)
When the applicant for an elk guide license is a partnership or joint
venture, then all partners and parties to the joint venture are to
be included on said application. When the applicant registering for
an elk guide license is a corporation and/or limited liability company,
a copy of the articles of incorporation and a corporate resolution
authorizing each person to be licensed (for a corporation) or certificate
of organization and written authorization for each person to be licensed
from the LLC's manager (for a limited liability company) will be required
to be appended to said application.
(3)
The identity of the approximate location within Lawrence Township
where the applicant intends to exercise, undertake or facilitate guiding
for elk hunting.
B.
At time of application, each applicant shall pay an elk guide license
application fee of $20 and deposit with the Lawrence Township regulation
agent, a check and/or money order, in the amount of the Lawrence Township
elk guide license fee, for each person who will be conducting elk
guiding services under said license.
A.
The initial annual elk guide licensure fee for every individual,
corporation, partnership, limited liability company and/or other legally
organized entity for the first year after the effective date of this
chapter shall be the sum of $80 for every person seeking licensure
to be able to conduct elk guiding services within the boundaries of
the Township. Should the applicant entity have more than four individuals
who will be conducting elk guides within the Township, said applicant's
annual licensure fee will have a cap of $400. Said annual licensure
fee will remain at the same amount, unless the same is changed by
resolution of the Board of Supervisors of Lawrence Township, Clearfield
County, Pennsylvania, by June 30 of each subsequent year. Such a resolution
is to be enacted at a public meeting where a quorum of the Supervisors
is present. Should Lawrence Township join with any other Pennsylvania
municipality where Pennsylvania Game Commission elk hunts are to take
place, any change to the annual elk guide licensure fee is to be determined
by each participating municipality, at a public meeting, by way of
resolution. Said municipalities' meetings where any change to the
annual elk guide licensure fee is to be considered will occur no later
than June 30 of the year in question.
B.
Elk guide license application forms will be available on an annual
basis at the office of the Secretary of Lawrence Township, situate
at the Lawrence Township Building, 9120 Clearfield-Curwensville Highway,
Clearfield, Pennsylvania 16830, between August 1 until the last regular
business date preceding the date which is seven days prior to the
commencement date of said elk hunting season. This shall apply both
to any special elk hunting period as set by the Pennsylvania Game
Commission and the regularly scheduled annual elk hunting season.
The business hours of the office of the Lawrence Township Secretary
may be ascertained by either calling the Lawrence Township Building
at (814) 765-0146 or by emailing the Lawrence Township Secretary at
ltbos3@atlanticbb.net.
A.
In all elk harvesting occurring when an elk hunt is led by an elk
guide, and in all other cases, the elk carcass must be completely
removed from the kill site within no later than 24 hours after the
successful hunt.
B.
Notification of successful elk hunt. It will be the responsibility
of the licensed Elk Guide, conducting a successful elk hunt within
the boundaries of Lawrence Township, Clearfield County, Pennsylvania,
to notify, in writing, the office of the Lawrence Township Supervisors
that a successful elk hunt has taken place within the Township. Said
written notification must be delivered and/or mailed to the Lawrence
Township Supervisors at 9120 Clearfield-Curwensville Highway, Clearfield,
Pennsylvania 16830, within three days of said successful hunt. Said
notification is to include:
A.
This chapter shall in no way be a substitute for, nor eliminate the
necessity of complying with any and all federal and state laws, rules
and/or regulations and county and township ordinances which are now,
or may in the future, be or come into effect which pertain to the
licensure and regulation of elk guiding.
B.
Furthermore, all elk guides licensed by this chapter are also subject
to the provisions of the Lawrence Township Earned Income Tax Ordinance,
No. 2011-1, relative to any income earned by a guide, provided said
income and/or profit is derived from the work of elk guiding undertaken
and/or engaged in within the boundaries of Lawrence Township, Clearfield
County, Pennsylvania.
The applicant and licensure provisions of the ordinance do not
apply to any immediate family members of a licensed elk hunter who
choose to accompany said elk hunter on an elk hunt within the boundaries
of the Township. However, the number of immediate family members who
may accompany a licensed elk hunter on any particular hunting expedition
is limited to no more than five. For purposes of this section, the
term "immediate family members" means: spouses, children, step-children,
siblings, grandchildren, spouses of children, spouses of siblings
and grandparents.
A.
Any violation of this chapter, or any part thereof, shall be deemed
a civil infraction and punishable by a fine of $100. Notice of violations
of this chapter will be served upon the violator by both regular first
class mail and certified mail. If said fine is not paid within 10
days of the notice of violation being mailed, each day thereafter,
until said fine is paid, will constitute a separate offense, up to
the total assessable amount per violation of $600.
B.
Each day that a violation exists or continues to exist shall constitute
a separate offense, subject to a continuing daily fine.
C.
Civil enforcement. When the penalty/fine imposed for the violation
of this chapter is not voluntarily paid to the Township, the Township
shall initiate a civil enforcement proceeding before a District Magisterial
Judge. The civil enforcement proceeding shall be initiated by complaint
or by such other means as may be provided by the Pennsylvania Rules
of Civil Procedure governing actions or proceedings before Pennsylvania
District Magisterial Judges. In any case where a penalty for a violation
of this chapter has not been timely paid and the person upon whom
the penalty was imposed is found to have been liable therefore in
civil proceedings, the violator shall be liable for the penalty imposed,
including additional daily penalties for continuing violations, plus
court costs and reasonable attorney fees incurred by the Township
in the enforcement proceedings.
D.
Enforcement in equity. This chapter may be enforced by the Township
through an action in equity brought in the Court of Common Pleas of
Clearfield County, Pennsylvania.
E.
Payment to Treasurer. All fines and penalties collected for the violation
of this chapter shall be paid to the Township Treasurer.
F.
Enforcement officers or agents. The Lawrence Township Board of Supervisors
may delegate the initial determination of a violation of this chapter
and the service of notice of violation to such officers or agents
as the Township shall deem qualified for that purpose, including the
Pennsylvania Game Commission.[1]
[1]
Editor's Note: Resolution No. 2017-07, adopted 8-1-2017, assigned
the Pennsylvania Game Commission as enforcement agent for this chapter.
The various parts, articles, sections and clauses of this chapter
are hereby declared to be severable. If any part, article, sentence,
paragraph, section or clause is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this chapter
shall not be affected thereby.
