[HISTORY: Adopted by the Board of Supervisors
of the Township of Hamilton 12-4-1995 by Ord. No. 70. Amendments noted where
applicable.]
This chapter may be known as and may be cited
as the “Hamilton Township Drug and Alcohol Policy Ordinance.”
The Board of Supervisors of the Township of
Hamilton, Adams County, Pennsylvania, has determined that it is in
the best interest of the health, safety and welfare of the citizens
and inhabitants of Hamilton Township to enact this chapter adopting
the attached model drug and alcohol policy for employees with commercial
driver's licenses (CDLs) as required under the Act and as provided
in the regulations adopted by the Department of Transportation (DOT).
As used in this chapter, the following terms
shall have the meanings indicated:
The Commercial Motor Vehicle Safety Act of 1986, as amended,
and as found in Title 49 CFR, Parts 40 and 382.
Commercial driver's license.
The United States Department of Transportation.
Hamilton Township, Adams County, Pennsylvania.
A.
Hamilton Township hereby adopts the model drug and
alcohol policy for employees with CDLs, which is attached hereto and
which is incorporated as a part of this chapter.[1]
[1]
Editor's Note: The model policy is included at the end of this chapter.
B.
The Board of Supervisors shall have the authority
to modify or amend the aforesaid model policy from time to time by
resolution as may be necessary or desirable.
Any person who violates or permits a violation
of this chapter and the model policy adopted pursuant hereto shall,
upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense. Hamilton Township police officers, or other appropriate
officer(s) of Hamilton Township, shall have the power to enforce the
provisions of this chapter. All fines collected for the violation
of this chapter shall be paid over to the Township.
