[Ord. No. 2018-2292, 10/9/2018]
This Part shall be known as the "Violation Ticket Ordinance."
[Ord. No. 2018-2292, 10/9/2018]
1.
The Borough is authorized by relevant Pennsylvania law, including
but not limited to the Borough Code, to adopt and enforce regulations
applicable throughout the Borough, and the Borough is likewise authorized
to, upon admission or conviction, levy a fine for violation of said
regulations, and the Borough identified the usage of violation tickets
as an efficient, cost-effective alternative mechanism for such enforcement
in suitable situations.
2.
Consistent herewith the Borough may communicate a violation of Chapter 6, Conduct, of the Borough's Code of Ordinances via a violation ticket where such violation could, upon admission or conviction, constitute a summary offense. Such notice shall be provided by an appropriate Borough Officer as provided herein. A violation ticket is an offer by the Borough extended to settle a violation by the paying of a fine in lieu of a citation being issued against the violator.
[Ord. No. 2018-2292, 10/9/2018]
As used in this Part, the following terms shall have the meanings
indicated:
Borough police officers, Zoning Code Officials, Building
Code Officials, parking officers, or other persons so deputized or
directed by Borough Council to enforce its laws and ordinances.
A Borough instrument created pursuant to this Part notifying a person of a violation of Chapter 6, Conduct, of the Borough Code of Ordinances, as amended, and associated fines.
[Ord. No. 2018-2292, 10/9/2018]
1.
Upon the determination by a Borough Officer that a person committed a violation of Chapter 6, Conduct, of the Borough Code of Ordinances, as amended, any Borough Officer may notify the person of the violation by way of a violation ticket.
2.
A violation ticket shall:
A.
Be in writing;
B.
Include a brief description of the time, date, and location of the
violation;
C.
Specify the violation which exists with reference to the applicable
ordinance provision;
D.
State the maximum fine allowable by law for the violation;
E.
State the amount of the fine offered to resolve the violation; and
F.
Include a statement regarding the right of judicial process.
[Ord. No. 2018-2292, 10/9/2018]
1.
A violation ticket may be served upon a person by:
A.
Handing the violation ticket to the person to be served;
B.
Handing the violation ticket, at the residence of the person to be
served, to an adult member of the family with which he or she resides,
but if no adult member of the family is found then to an adult person
in charge of such residence;
C.
Handing the violation ticket at any office or usual place of business
of the person to be served to his or her agent or the person for the
time being in charge thereof; or
D.
Mailing the violation ticket to the last known address of the person
to be served by certified mail, return receipt requested. Service
shall be complete upon receipt.
[Ord. No. 2018-2292, 10/9/2018]
A violation ticket shall provide for a fine per violation of
this chapter in an amount less than the relevant maximum daily fine
provided by law, payable within 14 days of service. If a violation
ticket remains unpaid in full 14 days after service thereof, and thereafter
a nontraffic citation is issued to the person for the violation which
later results in a conviction therefor, then the conviction shall
carry the maximum fine provided.
[Ord. No. 2018-2292, 10/9/2018]
The issuance of violation tickets is discretionary, and nothing herein shall be construed as establishing the issuance of a violation ticket as a prerequisite to the issuance of a citation for violation of Chapter 6, Conduct, of the Borough Code of Ordinances, as amended.
