(a) Findings; intent.
(1) The Board of Commissioners of the township find and determine the following.
A. Certain private properties require a disproportionate amount of police service with many calls requiring a response to maintain order and public peace and to stop public disturbances so that there are fewer personnel and resources available for other locations, emergencies and duties in the Township, and extraordinary police service at such properties puts a disapropriate and unfair burden upon the citizens and taxpayers of the township.
B. Owners and/or rental agents in charge of such private properties derive a benefit from such police service.
C. Owners and/or rental agents in charge of such private properties have a responsibility to manage their properties to minimize required police service, to maintain order and public peace, to stop public disturbances, to minimize the burden upon citizens and taxpayers of the township and to promote the health, safety and welfare of the public in general.
D. Owners and/or rental agents in charge of such private properties can minimize required police service to maintain order and public peace and to stop public disturbances by diligent and strict management and regulation of their properties.
E. Assessment of costs as provided in this section is reasonable and will have a deterrent effect and encourage more responsible management of such properties.
(2) It is not the intent of this section to discourage or suppress requests for police service, but rather to encourage and stimulate diligent and strict management and regulation of private property by owners and/or rental agents in charge.
(b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNER. A person, corporation or other entity comprising the record owner of any land or building.
POLICE SERVICE COSTS. An amount fixed by the Township Commissioners to cover the estimated compensation of officers for the 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 township 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- and multi-family 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 any agency or authority created or organized thereby.
(c) Payment of police service costs required. Every owner of and/or rental agent with responsibility to manage private property within the township 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 one response per 365-day period in an amount fixed by resolution of the Board of Commissioners. However, police service in connection with crimes against residents and/or property by persons not residing on the private property or invited guests or otherwise lawful occupants of the private property shall not be considered responses for purposes of this section. Further, 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 section.
(d) Notice to owner and/or rental agent. The Chief of Police or other duly authorized agent of the township shall notify the owner of private property 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 regular mail to the last known address of such owner and/or rental agent. However, an owner and/or rental agent with responsibility to manage private property shall be required to pay police service costs in accordance with subsection (c) above whether or not such notice has been given.
(e) Billing. Police service costs due in accordance with subsection (c) above shall be billed to the owner and/or rental agent with responsibility to manage private property by the Township Secretary/Manager of his or her duly authorized agent and shall be due and payable within 30 days of such billing.
(f) Failure to pay. Unpaid police service costs may be collected by civil action by the township 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). In either event, attorney fees and costs incurred in the collection of this fee, in addition to a penalty of 10% and interest at the rate of 10% per annum shall be added and collected as provided by law.
(Ord. 760, passed 4-16-1997; Ord. 791, passed 12-20-2000; Ord. 886, passed 10-20-2010)