CODIFIED ORDINANCES OF TOWNSHIP OF LAWRENCE PARK PART TWO - ADMINISTRATION CODE

Transcription

1 CODIFIED ORDINANCES OF TOWNSHIP OF LAWRENCE PARK PART TWO - ADMINISTRATION CODE TITLE TWO - General Provisions Chap Codified Ordinances. Chap Official Standards. Chap Wards and Boundaries. Chap Investments. TITLE FOUR - Legislation Chap Board of Commissioners. Chap Ordinances and Resolutions. TITLE SIX - Administration Chap Treasurer. Chap Assessor. Chap Auditor. (Repealed) Chap Secretary. Chap Solicitor. Chap Engineer. Chap Police Department. Chap Volunteer Fire Department. Chap Department of Zoning and Building. TITLE EIGHT - Boards, Commissions and Authorities Chap Planning Commission. Chap Zoning Hearing Board. Chap Shade Tree Commission. Chap Recreation Board. Chap Civil Service Commission. Chap Police Pension Fund Committee. Chap East Erie Suburban Recreation and Conservation Authority. (continued) 1997 Replacement

2 ADMINISTRATION CODE 2 TITLE TEN - Employment Provisions Chap Employees Generally. Chap Police Pension Plan. TITLE TWELVE - Judiciary Chap District Justice and Court of Common Pleas.

3 3 CODIFIED ORDINANCES OF THE TOWNSHIP OF LAWRENCE PARK PART TWO - ADMINISTRATION CODE TITLE TWO - General Provisions Chap Codified Ordinances. Chap Official Standards. Chap Wards and Boundaries. Chap Investments. CHAPTER 202 Codified Ordinances Designation; citation; Sections and ordinances headings repealed Amendments and Exemptions from repeal. supplements; numbering General Code penalty Definitions and interpretation Separability of provisions. CROSS REFERENCES Codification of ordinances - see 1st Class Sec I Maximum penalties - see 1st Class Secs II, 3304 Ordinances and resolutions - see ADM. Ch DESIGNATION; CITATION; HEADINGS. (a) This volume consists of all ordinances of a general and permanent nature of the Municipality, as revised, codified, arranged, numbered and consolidated into component codes, titles, chapters and sections, and as such shall be known and designated as the Codified Ordinances of the Township of Lawrence Park, 1991, for which designation "Codified Ordinances" may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances Replacement

4 ADMINISTRATION CODE 4 (b) All references to codes, titles, chapters and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the "Traffic Code." Sections may be referred to and cited by the designation "section" followed by the number, such as "Section " AMENDMENTS AND SUPPLEMENTS; NUMBERING. (a) The Codified Ordinances of the Township of Lawrence Park may be amended or supplemented at any time and, when any amendment or supplement is adopted in such form as to indicate the intention of the Board of Township Commissioners to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the Codified Ordinances, so that a reference to the Codified Ordinances shall be understood and construed as including the Codified Ordinances of the Township of Lawrence Park and any and all such amendments and supplements. (b) All amendments and supplements enacted as a part of the Codified Ordinances shall be integrated therewith by following the form of arrangement and plan set forth in the original Codified Ordinances as follows: each Code shall be subdivided into titles and/or chapters, and each chapter shall be subdivided into sections, which shall be numbered in accordance with the decimal numbering system. The numbering of all sections, except penalty sections, shall be consecutive within each chapter commencing with the first section of Chapter 202, which shall be numbered , the first "2" signifying Code 2, and the two figures "02" before the decimal signifying the chapter within the Code, and the two figures "01" after the decimal signifying the first section in Chapter 202 of the Code. Penalty sections shall be designated "99" and shall be the last section of a chapter DEFINITIONS AND INTERPRETATION. In the construction of the Codified Ordinances, the following rules and definitions shall control, excepting those inconsistent with the manifest intent of the Board of Township Commissioners as disclosed in a particular provision, section or chapter: (1) Adopting Ordinance. "Adopting Ordinance" means the ordinance of the Municipality adopting the Codified Ordinances of the Township of Lawrence Park in conformity with the First Class Township Code. (2) Authority. Whenever in the Codified Ordinances authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision Resolution

5 5 Codified Ordinances (3) Board of Township Commissioners. "Board of Township Commissioners" or "Board of Commissioners" means the legislative authority of the Township. (4) Calendar-Computation of Time. The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded. (5) Conjunctions. "And" includes "or" and "or" includes "and," if the sense so requires. (6) County. "County" means the County of Erie, Pennsylvania. (7) First Class Township Code. "First Class Township Code" means the First Class Township Code of the Commonwealth of Pennsylvania, being the Act of June 24, 1931 (P. L. 1206, No. 331), re-enacted and amended May 27, 1949 (P. L. 1955, No. 569), as amended. (8) Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders. (9) General Rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language, provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning. (10) Joint Authority. Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided. (11) Keeper and Proprietor. "Keeper" and "proprietor" mean persons, firms, associations, corporations, clubs and copartnerships, whether acting themselves or as a servant, agent or employee. (12) Land and Real Estate. "Land" and "real estate" include rights and easements of an incorporeal nature. (13) Law. "Law" means all applicable laws of the United States of America and the Commonwealth of Pennsylvania. (14) Municipality. "Municipality" means the Township of Lawrence Park, Pennsylvania. (15) Number. Words in the plural include the singular and words in the singular include the plural. (16) Oath. "Oath" includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an oath.

6 ADMINISTRATION CODE 6 (17) Ordinance. "Ordinance" means and includes any ordinance of the Municipality, including any provision of these Codified Ordinances. (18) Owner. "Owner," when applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property. (19) Person. "Person" means an individual, association, club, corporation, firm, partnership, body politic or other legal entity. (20) Premises. "Premises," when used as applicable to property, extends to and includes land and buildings. (21) Property. "Property" includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property; "real property" includes lands, tenements and hereditaments. (22) Publish. "Publish" means to print in a newspaper of general circulation in the Municipality the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for inspection. (23) Reasonable Time. In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or the giving of such notice. (24) Residence. "Residence" means an abode in which a person permanently resides. (25) Shall and May. "Shall" is mandatory; "may" is permissive. (26) Sidewalk. "Sidewalk" means any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways. (27) State and Commonwealth. "State" and "Commonwealth" mean the Commonwealth of Pennsylvania. (28) Street. "Street" means alleys, avenues, boulevards, lanes, roads, streets, State highways and other public ways in the Municipality. (29) Tenant and Occupant. "Tenant" and "occupant," as applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others. (30) Tenses. The use of any verb in the present tense includes the future. (31) Time. Whenever any time established in the Codified Ordinances for the taking of any action expires on a Sunday or a legal holiday, such time shall not expire on such day but shall expire on the next week day. (32) Township. "Township" means the Municipality of Lawrence Park, Pennsylvania. (33) Unit. "Unit" means any governmental entity of the Municipality.

7 7 Codified Ordinances SEPARABILITY OF PROVISIONS. Each section and each part of each section of these Codified Ordinances, including each section and each part of each section of any standard technical code adopted by reference in these Codified Ordinances, is hereby declared to be an independent section or part of a section and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any such section or part of a section, or any provision thereof, or the application thereof to any person or circumstance, is held to be invalid or unconstitutional, the remaining sections or parts of sections and the application of such provision to any other person or circumstance, other than those as to which it is held invalid or unconstitutional, shall not be affected thereby, and it is hereby declared to be the legislative intent that these Codified Ordinances would have been adopted independently of such section or part of a section so held to be invalid or unconstitutional SECTIONS AND ORDINANCES REPEALED. All ordinances, resolutions, rules and regulations of the Municipality, and parts of the same, in conflict with any of the provisions of these Codified Ordinances, are hereby repealed. (a) (b) (c) (d) (e) (f) (g) (h) EXEMPTIONS FROM REPEAL. The repeal provided for in Section shall not affect: Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the adoption of these Codified Ordinances; Any ordinance or resolution promising or guaranteeing the payment of money by or to the Municipality, or authorizing the issuance of any bonds of the Municipality, or any evidence of the Municipality's indebtedness, or any contract or obligation assumed by the Municipality; The administrative ordinances and resolutions of the Board of Commissioners not in conflict or inconsistent with the provisions of these Codified Ordinances; Any right, license or franchise conferred by any ordinance or resolution of the Board of Township Commissioners on any person; Any ordinance or resolution establishing, naming, relocating or vacating any street or other public way; Any ordinance or resolution or part thereof providing for the establishment of positions, for salaries or compensation; Any prosecution, suit or other proceeding pending, or any judgment rendered, on or prior to the adoption of these Codified Ordinances; Any ordinance or resolution levying or imposing taxes or assessments; 1992 Replacement

8 ADMINISTRATION CODE 8 (i) (j) Any ordinance or resolution establishing or changing the boundaries of the Municipality; or Any ordinance or resolution adopted by the Board of Township Commissioners after the adoption of these Codified Ordinances GENERAL CODE PENALTY; COMPLICITY. (a) Whoever violates or fails to comply with any of the provisions of these Codified Ordinances relating to building, housing, property maintenance, health, fire or public safety, or relating to water, air or noise pollution, including any provision of any standard, technical or other code adopted by reference in these Codified Ordinances, and including any rule or regulation promulgated under authority of any such standard, technical or other code adopted by reference in these Codified Ordinances, or under authority of any other provision of these Codified Ordinances, or under authority of State law, for which no penalty is otherwise provided, shall be fined not more than one thousand dollars ($1,000) plus the costs and expenses of prosecution, including, but not limited to, attorney's fees. For a violation of or noncompliance with any other provision of these Codified Ordinances, for which no penalty is otherwise provided, the offender shall be fined not more than six hundred dollars ($600.00) plus the costs and expenses of prosecution, including, but not limited to, attorney's fees. In default of the payment of any such fine and costs, the offender may be imprisoned for not more than thirty days in the County Jail or Workhouse, for each offense. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The penalty provided for herein shall be in addition to any fee, deposit, charge, surcharge, interest, insurance or bond requirement or equitable remedy provided in these Codified Ordinances, or in any standard, technical or other code adopted by reference in these Codified Ordinances, or in any rule or regulation promulgated under authority of any such standard, technical or other code adopted by reference in these Codified Ordinances, or under authority of any other provision of these Codified Ordinances, or under authority of State law. (b) Every person who commits or aids or abets in the commission of any act declared in these Codified Ordinances or in any other ordinance of the Borough to be an offense, whether individually or in connection with another person, or as principal, agent or accessory, shall be guilty of such offense. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of these Codified Ordinances or any other ordinance of the Borough shall likewise be guilty of such offense Replacement

9 9 CHAPTER 204 Official Standards EDITOR'S NOTE: There are no sections in Chapter 204. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES Codified Ordinances - see ADM. Ch. 202 Federal Categorical Pretreatment Standards - see S.U. & P.S Subdivision design standards - see P. & Z. Ch Industrial performance standards - see P. & Z

10 10 CHAPTER 206 Wards and Boundaries EDITOR'S NOTE: There are no sections in Chapter 206. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES Township lines and boundaries - see 1st Class Secs Wards - see 1st Class Secs Election of commissioners in Townships not divided into wards - see 1st Class Sec. 505 Zoning districts generally - see P. & Z. Ch. 1266

11 10A CHAPTER 208 Investments Participation in Participation in State Pennsylvania Municipal Treasurer s INVEST Investment Program. Program. CROSS REFERENCES Sinking Fund; regulations and investments - see 1st Class Sec Investment of Township funds - see 1st Class Sec Treasurer - see ADM. Ch. 230 Investments for Police Pension, Death and Disability Benefit Fund - see ADM PARTICIPATION IN PENNSYLVANIA MUNICIPAL INVESTMENT PROGRAM. (a) The Declaration of Trust presented to the Board of Commissioners (a copy of which, together with the accompanying information statement, shall be filed with the records of the Township, hereinafter the "Participant") is hereby adopted, and the Participant is hereby authorized and directed to become a participant in the Pennsylvania Municipal Investment Program and, from time to time, to invest and withdraw its funds, all in accordance with the provisions of the Declaration of Trust. (b) For purposes of the investment of monies pursuant to said Program, the President of the Board of Commissioners, the Secretary and the Treasurer (and their respective successors) are hereby designated as authorized officers of the Participant and are authorized, directed and empowered to effectuate, from time to time, the investment and withdrawal of funds of the Participant and to otherwise give effect to the Participant's rights as a participant of the Trust described herein, including the right to vote, from time to time, in accordance with the Declaration of Trust. Such authorized officers are hereby further authorized, directed and empowered to take such actions and to execute and deliver counterparts of the Declaration of Trust and any other documents, as they may deem necessary and appropriate, to evidence the Participant's approval of the Declaration of Trust and participation in the Program and otherwise to carry out the purpose of this section. The execution of such documents shall conclusively evidence the approval of such authorized officers Replacement

12 ADMINISTRATION CODE 10B (c) The Participant hereby acknowledges and approves the Trustees of the Trust as having official custody of the Participant's funds, as such funds are invested in accordance with the Declaration of Trust. (Ord Passed ) PARTICIPATION IN STATE TREASURER'S INVEST PROGRAM. (a) The Township shall join with other local governments in accordance with the Intergovernmental Cooperation Law by becoming a member of INVEST and by entering into any Intergovernmental Cooperation Agreement with Treasury (the "Agreement"), upon such terms and conditions as are more fully set forth in the Agreement that is attached to original Resolution , passed November 25, 1997, a signed copy of which shall be filed with the minutes of the meeting at which this Resolution is adopted. (b) The duration of the Agreement shall be for a period of three years, with automatic renewal for one-year periods. (c) The purpose of the Agreement is to permit the State Treasurer to invest the funds of the Township, with the objectives of safety of principal, liquidity and high yield, consistent with sound investment strategy. (d) The State Treasurer shall serve as the Investment Manager under the terms of the Agreement. (e) The Township is permitted to purchase and redeem shares that in turn are pooled with other local government shares to acquire and sell certain investment securities, at a rate of one dollar ($1.00) per share. (f) Any one of the following individuals shall be authorized to make deposits and withdrawals, establish accounts and perform such other duties as are necessary or appropriate for participation as an INVEST member: The Township Secretary The Township Treasurer (Res Passed ) 1998 Replacement

13 11 TITLE FOUR Legislation Chap. 220 Board of Commissioners Chap Ordinances and Resolutions CHAPTER 220 Board of Commissioners Time and date for regular Compensation meetings Sale of Surplus Property Location for meetings. CROSS REFERENCES Number and election of commissioners in Townships not divided into wards see 1 st Class Sec. 505 General provisions relating to Township officers see 1 st Class Secs. 601 et seq. Township Commissioner see 1 st Class Secs Duties re Housing Code see B. & H , TIME AND DATE FOR REGULAR MEETINGS The Board of Commissioners shall hold its regular monthly meetings on the second Tuesday of each and every month at 7:30 p.m. (Ord Passed ) LOCATION FOR MEETINGS All meetings of the Board of Commissioners for the transaction of Township business shall be held in the Lawrence Park Municipal Building, 4230 Iroquois Avenue, Lawrence Park Township, Erie, Pennsylvania. (Ord Passed ) COMPENSATION. (a) Beginning on January 1, 1976, the compensation of all Township Commissioners of the Township of Lawrence Park, elected or appointed after the adoption of this section, may be the maximum amount permitted as the General Assembly may from time to time determine, except as restricted by the provisions of Section 603 of the First Class Township Code. (Ord Passed ) 2001 Replacement

14 ADMINISTRATION CODE 12 (b) Any Township Commissioner whose term begins in January, 1994, or thereafter, shall be compensated at the maximum amount as determined from time to time by the General Assembly, and shall be entitled to receive any other emolument of the office specified from time to time by the General Assembly, including, but not limited to, group insurance coverage as set forth in Act 159 of 1992, subject, however, to the provisions of Section 603 of the First Class Township Code, as amended. (Ord Passed ) SALE OF SURPLUS PROPERTY (a) This section shall be applicable to the sale of personal property declared to be surplus by the Board of Commissioners. (b) Surplus property having a value, as estimated by the Board of Commissioners, in an amount of less than one thousand dollars ($1,000) per individual item or lots of items, may be sold through sealed bidding procedures as set forth in the First Class Township Code or, if the Board of Commissioners should so direct, may be sold in accordance with the following requirements: (1) The Secretary shall post a description of the item or items to be sold in one or more conspicuous places in the Township Building. The notice shall generally describe the item or items for sale, invite the submission of bids on the same and set a date that bids will be reviewed, which shall not be less than twenty days after the date said notices are posted and indicate payment in full must be made within twenty days of the award. (2) In addition to the posting as set forth in paragraph (b)(1) hereof, the Secretary may further advertise the sale, taking into account the nature and value of the surplus items and the Secretary may provide direct notice to potential bidders. (3) At the conclusion of the period for accepting bids, the Secretary shall open and review the bids and submit a listing of the bidders and the amounts bid to the Board of Commissioners for review. If the Board should determine that the highest bid is acceptable, an award of the same shall be made by motion and the Secretary shall notify the successful bidder. If the Board should determine that the highest bid is not sufficient, bids may continue to be received and opened by the Secretary and submitted to the Board of Commissioners from time to time until a bid is received which the Board deems acceptable. (4) The purchase price must be paid by the successful bidder within twenty days of the acceptance of the bid Replacement

15 12A Board of Commissioners (c) Sale of surplus personal property having an estimated value of one thousand dollars ($1,000) or more for an individual item or lots of items shall be sold through sealed bids in accordance with Section 1501-II of the First Class Township Code. If no bids are received, the following procedure shall be followed: (1) A second advertisement for bids shall occur in accordance with the First Class Township Code. If no bids are received within fifteen days of the second advertisement, the Board of Commissioners, or its designee, may initiate negotiations for a private sale of the surplus personal property. (2) If the Board of commissioners should decide to sell the surplus property as a result of private negotiations, the Board shall, at a public meeting, announce the identity of the prospective purchaser or purchasers, the sale price and a summary of all the terms and conditions relating to the proposed sale. (3) Not less than thirty days subsequent to the public announcement of the proposed sale as set forth in paragraph (c)(2) hereof, the Board of Commissioners may authorize the private sale in accordance with the terms as announced upon motion of the Board. (Res Passed ) 2001 Replacement

16 13 CHAPTER 222 Ordinances and Resolutions EDITOR'S NOTE: There are no sections in Chapter 222. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES Arrest of violators - see 1st Class Secs. 1403, 3302 Adoption of ordinances and resolutions - see 1st Class Sec I Authority to adopt - see 1st Class Secs I, 1502-LII Enforcement of ordinances - see 1st Class Secs et seq. Codified Ordinances - see ADM. Ch. 202

17 15 TITLE SIX - Administration Chap Treasurer Chap. 232 Assessor. Chap. 234 Auditor Chap. 236 Secretary Chap. 238 Solicitor Chap. 240 Engineer Chap. 242 Police Department Chap. 244 Volunteer Fire Department Chap. 246 Department of Zoning and Building CHAPTER 230 Treasurer Compensation Cooperative purchasing. CROSS REFERENCES Election see 1 st Class Sec. 510 Generally see 1 st Class Secs Investments see ADM. Ch. 208 Investigation of application for mechanical amusement devices see B.R. & T Collection of real estate transfer tax see B.R. & T COMPENSATION. The Treasurer of the township shall receive for his or her duties as Treasurer and Tax Collector such compensation as may be provided for from time to time by resolution of the Board of Commissioners in accordance with guidelines provided in the First Class Township Code COOPERATIVE PURCHASING. The Township hereby requests authorization to participate in Pennsylvania department of General Services (DGS) contracts for the procurement of supplies, services or construction, subject to the following conditions: (a) The Township agrees to be bound by such contract terms and conditions as the DGS may prescribe. (b) The Township agrees to be responsible for payment directly to the contractor under each contract for those supplies, services or construction ordered by the local public procurement unit. (Res Passed ) 2001 Replacement

18 16 CHAPTER 232 Assessor EDITOR S NOTE: There are no sections in Chapter 232. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES Election see 1 st Class Sec. 515 Vacancies in office see 1 st Class Sec. 530 Employment by Township for certain duties see 1 st Class Sec III 2001 Replacement

19 17 CHAPTER 234 Auditor Independent Auditor. CROSS REFERENCES Election - see 1st Class Sec. 520 Generally - see 1st Class Secs Investments - see ADM. Ch INDEPENDENT AUDITOR. (a) Effective January 1, 1998, the accounts of the Township shall be audited by an Independent Auditor who shall be a certified public accountant, registered in Pennsylvania, a firm of certified public accountants so registered, or a competent public accountant, or a competent firm of public accountants. (b) The Independent Auditor shall be appointed by resolution of the Board of Commissioners not less than thirty days prior to the close of the fiscal year. (c) The compensation for the appointed Auditor shall be fixed by the Board of Commissioners. (d) The office of elected Auditor is hereby abolished. (Ord Passed ) 1998 Replacement

20 18 CHAPTER 236 Secretary EDITOR S NOTE: There are no sections in Chapter 236. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES Orders for payment of money attested by see 1 st Class Sec. 804 Generally see 1 st Class Secs. 901 et. sq Replacement

21 19 CHAPTER 238 Solicitor EDITOR'S NOTE: There are no sections in Chapter 238. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES Generally - see 1st Class Secs et seq. Summary of proposed ordinances prepared by - see 1st Class Sec I

22 20 CHAPTER 240 Engineer EDITOR'S NOTE: There are no sections in Chapter 240. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES Generally - see 1st Class Secs et seq. Real estate registry - see 1st Class 1310 et seq. Duties re liens for sidewalk work - see 1st Class Sec Duties re liens for removal of diseased trees - see 1st Class Sec Review of plans and permit applications in flood-prone areas - see B. & H

23 21 CHAPTER 242 Police Department EDITOR'S NOTE: Ordinance , passed November 24, 1992, authorized the Township to enter into a Drug Task Force Agreement with the Office of the Attorney General of the Commonwealth of Pennsylvania and the District Attorney's Office of Erie County to enforce narcotics and drug laws. Resolution , passed July 23, 1996, authorized the Township to enter into a Municipal Drug Task Force Agreement. Copies of such Agreements may be obtained, at cost, from the Township Fee for copies of accident Warrantless arrests. reports. CROSS REFERENCES Civil service for police - see 1st Class Secs. 625 et seq. Generally - see 1st Class Secs Power to establish and define duties - see 1st Class Sec V Police Pension, Death and Disability Benefit Fund - see ADM. Ch. 282 Authority of peace officers to direct traffic - see TRAF Duties of Chief of Police re impounding of vehicles - see TRAF Seizure and destruction of weapons - see GEN. OFF FEE FOR COPIES OF ACCIDENT REPORTS. A fee of fifteen dollars ($15.00) shall be charged for each copy of an accident report issued by the Police Department. (Res Passed ) WARRANTLESS ARRESTS. (a) Township police officers and such other police officers who are authorized to act within the boundaries of the Township are hereby authorized to arrest without a warrant, individuals engaged in conduct constituting a summary offense pursuant to the following sections of Title 18: (1) 18 Pa. C.S. '5503 (disorderly conduct); (2) 18 Pa. C.S. '5505 (public drunkenness); (3) 18 Pa. C.S. '5507 (obstructing highways and other public passages); and (4) 18 Pa. C.S. '6308 (purchase, consumption, possession or transportation of liquor or malt or brewed beverages) Replacement

24 ADMINISTRATION CODE 22 (b) An arrest without a warrant, as authorized in subsection (a) hereof, shall only occur when the arresting officer, upon view, shall have probable cause to believe that there is ongoing conduct that: (1) Imperils the personal security of any person, including the individual being placed under arrest; (2) Endangers public property; or (3) Endangers private property; and that such arrest is necessary to protect persons or property. (Ord Passed ) 1998 Replacement

25 22A CHAPTER 244 Volunteer Fire Department Definitions Designation as Township fire company Duties and activities Insurance coverage benefits. CROSS REFERENCES Sale of real or personal property to - see 1st Class Sec II Appropriations for fire companies; regulations - see 1st Class Sec XVI Appropriations for insurance or compensation - see 1st Class Sec XXIII Tax levy for fire protection - see 1st Class Sec Two Purchase contracts for petroleum products - see 1st Class Sec Fire Protection and Other Emergency Services - see F.P. Ch indicated: (a) DEFINITIONS. As used in this chapter, the following words and phrases shall have the meanings "Dispatched" includes the authority to report to a fire or emergency as given by any of the following means: (1) By radio from the main base station K6D-395 or from base station KLM-657, from any transmitter operated by any political subdivision in Erie County, Pennsylvania, under terms of the Erie County Mutual Aid Agreement; (2) By the sounding of an authorized bell in the Fire Station or in the homes of personnel of the Volunteer Fire Department; (3) By the sounding of any authorized whistle or siren within the Township of Lawrence Park designated as an emergency whistle or siren; or 2011 Replacement

26 ADMINISTRATION CODE 22B

27 23 Volunteer Fire Department (b) (c) (d) (e) (4) By telephonic or verbal advice to proceed in the absence of, or due to the failure of, any of the means described in the preceding subsections. "Drill" means any educational program for personnel of the Lawrence Park Volunteer Fire Department, including, but not limited to, educational activities at the Fire Station, the Erie County Fire School, the Pennsylvania State Fire School or any other location approved by the Chief or Assistant Chief of the Fire Department. "Duty" means any activity that is not a "fire or emergency" or "drill" and that is authorized by any of the Commissioners of Lawrence Park Township, by the Township Secretary or by any of the officers of the Lawrence Park Volunteer Fire Department. Duty shall include, but shall not be limited to, the following: (1) Maintenance or repair of any and of all equipment or material owned by or in the custody of the Township of Lawrence Park, the Lawrence Park Volunteer Fire Department or any political subdivision or fire department covered by the Erie County Mutual Aid Agreement; (2) Installation and/or removal of any community decorations, flags or related items as directed by any of the Board of Commissioners of Lawrence Park Township or the Chief of the Lawrence Park Volunteer Fire Department; (3) Participation in any manner in any community activity as directed by any of the Board of Commissioners of Lawrence Park Township, including, but not limited to, the supervision of any fireworks displays, participation in parades, standby duty at any athletic contests or related activities; (4) Emergency Management duties as specified by the Emergency Management Coordinator for Lawrence Park Township; (5) Emergency protective measures required on any private property as directed by any of the Board of Commissioners of Lawrence Park Township, the Township Secretary or the Chief or Assistant Chief of the Lawrence Park Volunteer Fire Department; (6) Authorized solicitation of funds for the Lawrence Park Volunteer Fire Department when any or all of such funds are to be used for the purchase of equipment for use by the Lawrence Park Volunteer Fire Department. "Fire or emergency" means any and all fires, accidents or other situations requiring the services of the Lawrence Park Volunteer Fire Department, including false alarms, when dispatched as herein provided. "Inspection or investigative duty" means any inspection or investigation made by any personnel of the Lawrence Park Volunteer Fire Department who have not been dispatched for such duty as herein provided.

28 ADMINISTRATION CODE 24 (f) "Parade" means any exhibition or contest participated in by personnel of the Lawrence Park Volunteer Fire Department when such participation is authorized by the Commissioner of Public Safety of the Township of Lawrence Park and by the Chief of the Lawrence Park Volunteer Fire Department. (g) "Personnel" means all active or probationary members, in good standing, of the Lawrence Park Volunteer Fire Department, as defined in the bylaws of said organization. (Ord Passed ) DESIGNATION AS TOWNSHIP FIRE COMPANY. The Lawrence Park Volunteer Fire Department is hereby designated as the fire company of Lawrence Park Township. (Ord Passed ) DUTIES AND ACTIVITIES. The Lawrence Park Volunteer Fire Department and its personnel are hereby authorized, subject to the terms of this chapter and to regulations from time to time passed by the Board of Commissioners of Lawrence Park Township, to perform the following duties and activities: (a) To provide fire or emergency service within the Township of Lawrence Park, elsewhere within the County of Erie when authorized by the Erie County Mutual Aid Agreement and outside of the County of Erie when authorized by any Commissioner of Lawrence Park Township or by the Chief or Acting Chief of the Volunteer Fire Department; (b) To engage in drills, parades and other duties authorized as herein provided; (c) To engage in inspection or investigative duty authorized as herein provided. (Ord Passed ) INSURANCE COVERAGE BENEFITS. Personnel of the Lawrence Park Volunteer Fire Department shall be entitled to any and all benefits of any insurance coverage maintained by the Township of Lawrence Park for the protection of its employees immediately upon being dispatched or otherwise engaged in activities authorized in Section , regardless of location. (Ord Passed )

29 25 CHAPTER 246 Department of Zoning and Building Establishment Code Enforcement Officer Zoning Administrator Housing Inspector CROSS REFERENCES Authority to create departments - see 1st Class Sec III Safety, sanitation and health - see GEN. OFF. Ch. 668 Appointment of Zoning Officer - see P. & Z Duties and powers of Zoning Officer re Zoning Code - see P. & Z Duties of Zoning Administrator re flood control - see B. & H et seq. Duties of Zoning Administrator re bluff setbacks - see B. & H Duties of Housing Inspector - see B. & H , ESTABLISHMENT. There is hereby established a Department of Zoning and Building in and for the Township, which shall be composed of the Zoning Administrator, the Code Enforcement Officer, the Housing Inspector and such other persons as may be authorized from time to time by the Board of Commissioners ZONING ADMINISTRATOR. The Zoning Administrator shall be responsible for administering and enforcing the Planning and Zoning Code of the Township and shall have such other duties as may be provided from time to time by these Codified Ordinances CODE ENFORCEMENT OFFICER. The Code Enforcement Officer shall be responsible for administering and enforcing the health and sanitation regulations provided in these Codified Ordinances and shall have such other duties as may be provided from time to time by these Codified Ordinances.

30 ADMINISTRATION CODE HOUSING INSPECTOR. The Housing Inspector shall be responsible for administering and enforcing the Housing Code of the Township (Title Four of Part Fourteen of these Codified Ordinances) and shall have such other duties as may be provided from time to time by these Codified Ordinances.

31 27 TITLE EIGHT - Boards, Commissions and Authorities Chap Planning Commission. Chap Zoning Hearing Board. Chap Shade Tree Commission. Chap Recreation Board. Chap Civil Service Commission. Chap Police Pension Fund Committee. Chap East Erie Suburban Recreation and Conservation Authority. CHAPTER 260 Planning Commission EDITOR'S NOTE: Provisions relating to the Planning Commission are codified in Chapter 1220 of Part Twelve - the Planning and Zoning Code.

32 28 CHAPTER 262 Zoning Hearing Board EDITOR'S NOTE: Provisions relating to the Zoning Hearing Board are codified in Chapter 1264 of Part Twelve - the Planning and Zoning Code.

33 29 CHAPTER 264 Shade Tree Commission Establishment Appropriations for Appointment of members. Expenses; annual Powers and duties. report. CROSS REFERENCES Generally - see 1st Class Secs et seq. Trees generally - see S.U. & P.S. Ch Street trees in subdivisions - see P. & Z ESTABLISHMENT. There is hereby established a Commission to be known as the Shade Tree Commission, to be composed of three residents of the Township of Lawrence Park, who, except for the first members, shall be appointed by the Board of Commissioners to serve for terms of five years and without compensation. (Ord Passed ) APPOINTMENT OF MEMBERS. The Board of Commissioners shall appoint one member to the Shade Tree Commission for a term of three years, one for a term of four years and one for a term of five years. On the expiration of said terms, a successor shall be appointed by the Board of Commissioners to serve for a term of five years. Vacancies in the office of Shade Tree Commissioner shall be filled by the Board of Commissioners for the unexpired term. (Ord Passed ) POWERS AND DUTIES. The Shade Tree Commission shall have exclusive custody and control of the shade trees in the Township, and is hereby authorized to plant, remove, maintain and protect shade trees on the public streets and highways in the Township. With the approval of the Board of Commissioners, the Shade Tree Commission may hire

34 ADMINISTRATION CODE 30 such employees as may be required for the proper performance of its duties. The Shade Tree Commission may make recommendations to the Board of Commissioners of such regulations as it deems necessary for the care and protection of shade trees. No such regulations shall be enforced until they have been approved by the Board of Commissioners and published twice in a newspaper of general circulation in the Township. (Ord Passed ) APPROPRIATIONS FOR EXPENSES; ANNUAL REPORT. The expenses of the Shade Tree Commission necessarily incurred in the planting, removing, maintaining and protecting of shade trees within the Township, and the expenses for employees, advertising expenses and all other costs of the Commission, shall be paid by the Township. The needed amount shall each year be certified to the Board of Commissioners upon request at the time of initial budget preparations, and the amount finally appropriated shall be drawn against, as required by the Shade Tree Commission, in the same manner as money appropriated for other Township purposes. The Commission shall annually report in full to the Board of Commissioners its transactions and expenses for the last fiscal year of the Township at the first meeting of the Board of Commissioners following the close of the fiscal year. Additional reports shall be made as required by the Board of Commissioners. (Ord Passed )

35 31 CHAPTER 266 Recreation Board Establishment Appointment of Members; compensation CROSS REFERENCES Generally - see 1st Class Secs et seq. East Erie Suburban Recreation and Conservation Authority - see ADM. Ch. 272 Parks and recreation areas - see S.U. & P.S. Ch Water recreation facilities - see P. & Z ESTABLISHMENT. There is hereby established a Recreation Board in and for the Township, which shall be an advisory board responsible for the operation and maintenance of Township parks, recreation areas and facilities as provided by the First Class Township Code and by the Board of Township Commissioners APPOINTMENT OF MEMBERS; COMPOSITION. Members of the Recreation Board shall be appointed by the Board of Township Commissioners, upon the recommendation of the Parks and Recreation Commissioner. The composition of the Recreation Board shall be as provided in the First Class Township Code.

36 32 CHAPTER 268 Civil Service Commission EDITOR'S NOTE: There are no sections in Chapter 268. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES Generally - see 1st Class Secs. 625 et seq. Employees generally - see ADM. Ch. 280

37 33 CHAPTER 270 Police Pension Fund Committee EDITOR'S NOTE: Provisions relating to the Police Pension Fund Committee are codified in Section Replacement

38 34 CHAPTER 272 East Erie Suburban Recreation and Conservation Authority Intent to organize Amendments to Name of the Authority. Articles of Articles of Incorporation. Incorporation CROSS REFERENCES Sale of Township property to authorities - see 1st Class Sec II Recreation Board - see ADM. Ch. 266 Parks and recreation areas - see S.U. & P.S. Ch Conservation Districts - see P. & Z , Ch Water recreation facilities - see P. & Z County Conservation District - see B. & H INTENT TO ORGANIZE. The Board of Commissioners of the Township of Lawrence Park hereby signifies its intention to organize jointly with the Township of Harborcreek and the Borough of Wesleyville a Municipal Authority pursuant to the Municipality Authorities Act of 1945, for the purposes of furthering the recreational facilities available to the residents of the Township and for the development of the environmental resources of the community. (Ord Passed ) NAME OF THE AUTHORITY. The name of the proposed Authority is the East Erie Suburban Recreation and Conservation Authority. (Ord Passed ) ARTICLES OF INCORPORATION. The proposed Articles of Incorporation are set forth in full in Exhibit "A" attached to original Ordinance 226, passed April 11, 1972, made a part hereof and on file with the Township Secretary. The main provisions of such Articles are set forth hereinafter: 2000 Replacement

39 35 East Erie Suburban Recreation and Conservation Authority Articles of Incorporation for the Incorporation of East Erie Suburban Recreation and Conservation Authority, a Proposed Municipal Authority. In compliance with the Municipality Authorities Act of 1945, its supplements and amendments, the Township of Harborcreek, a township of the Second Class, of Erie County, Pennsylvania, pursuant to a duly adopted resolution of said Township, and the Township of Lawrence Park, a township of the First Class of Erie County, Pennsylvania, pursuant to an ordinance duly passed by its Board of Commissioners, and the Borough of Wesleyville, Erie County, Pennsylvania, pursuant to an ordinance duly passed by its Council and approved by its Mayor, signifying the intent of all municipalities to form the Authority do hereby certify: 1- The name of the Authority shall be East Erie Suburban Recreation and Conservation Authority. 2- This Authority is formed under the provisions of the Municipality Authorities Act of 1945, its supplements and amendments. 3- The Township of Harborcreek has organized the following Authorities under the Municipality Authorities Act of 1945, its supplements or amendments: Harborcreek Township Sewer Authority The Township of Lawrence Park and the Borough of Wesleyville have not organized any authorities under the Municipality Authorities Act of 1945, its supplements and amendments, or the Act approved June 28, 1935, P.L. 463, as amended. None of the authorities named above has been organized for the purposes established herein. 4- The purpose of the Authority is to operate and provide for recreation park and conservation programs, facilities and services to the citizens of the Township of Harborcreek, Lawrence Park and the Borough of Wesleyville. 5- The names of the incorporating municipalities are the Township of Harborcreek, Erie County, Pennsylvania, the Township of Lawrence Park, Erie County, Pennsylvania, and the Borough of Wesleyville, Erie County, Pennsylvania Replacement

40 ADMINISTRATION CODE The names and addresses of the Supervisors of the Township of Harborcreek, such persons constituting the Municipal Authority of said Township, are: (see Exhibit "A" to original Ordinance 226) The names and addresses of the Commissioners of the Township of Lawrence Park, such persons being the Municipal Authority of said Township, are: (see Exhibit "A" to original Ordinance 226) The names and addresses of the Mayor and Councilmen of the Borough of Wesleyville, said persons being the Municipal Authority of said Borough, are: (see Exhibit "A" to original Ordinance 226) 7- The Board of the Authority to be formed hereby shall consist of six members, two of whom shall be appointed by each of Harborcreek Township, Lawrence Park Township and the Borough of Wesleyville; each Township and the Borough shall select one member for a term of two years and one member for a term of three years to serve from the first day of, The names and addresses of the members of the first board of the Authority to be formed hereby are as follows: (see Exhibit "A" to original Ordinance 226) IN WITNESS WHEREOF, The Township of Harborcreek, the Township of Lawrence Park and the Borough of Wesleyville have executed these Articles by their proper officials thereunto duly authorized and under their Municipal seals this day of April, (Ord Passed ) AMENDMENTS TO ARTICLES OF INCORPORATION. The Articles of Incorporation of the East Erie Suburban Recreation and Conservation Authority (the "Authority") are hereby amended as follows: The Authority is hereby authorized to execute and file the necessary documents to amend its Articles of Incorporation so as to increase the number of members on the Authority to nine, one additional member from each of the three following municipalities: Harborcreek Township, Lawrence Park Township and Wesleyville Borough. (Res Passed ) 2000 Replacement