Monday, July 6, 2009

You know, I might be a goofball but does a Borough have the authority to establish and enforce a curfew?

Just asking that question cause as I peruse the Borough Code for the Commonwealth of Pennsylvania, here the list of powers and I don't see a curfew in there, do you?



BTW to keep typing to a minimum I am just listing the first few words of each power. If you're interested in a section and want the whole dope, drop me a line. [dianecipa@gmail.com]

Section 1202. Specific Powers. - The powers of the borough shall be vested in the corporate authorities. Among the specific powers of the borough shall be the following, and in the exercise of any of such powers involving the enactment of any ordinance or the making of any regulation, restriction or prohibition, the borough may provide for the enforcement thereof and may prescribe penalties for the violation thereof or for the failure to conform thereto:
  1. Fees for service of officers.
  2. Regulation of charges to the operation of its utilities, parking meters, parking lots, recreational facilities or its other facilities and services to the public.
  3. Fines and forfeitures.
  4. Nuisances. To prohibit and remove any obstruction or nuisance in the streets of the borough.
  5. Nuisances and dangerous structures.
  6. Health and cleanliness regulations.
  7. Burial of deceased persons.
  8. Regulation of vaults, cesspools and drains.
  9. Manure and compost regulations.
  10. Accumulation of garbage and other refuse material.
  11. Removal of garbage and other refuse material.
  12. Hogs.
  13. Dogs, cats and other pets.
  14. Livestock, fowls and certain other animals.
  15. Pigeons.
  16. Smoke regulations. To regulate the emission of smoke from chimneys, smokestacks and other sources.
  17. Street and sewer regulations; obstructions.
  18. Riding or driving on sidewalks.
  19. Stands for cabs and other vehicles for hire.
  20. Disorderly conduct; disturbance of the peace: ordinances.
  21. Fire regulations.
  22. Prohibition of fire producing devices in certain retail stores.
  23. Dangerous and inflammable articles, substances and materials.
  24. Building, housing, property maintenance, plumbing and other regulations.
  25. Numbering buildings.
  26. Building lines.
  27. Party wall and fence regulations.
  28. Noxious and offensive businesses.
  29. Junk yards.
  30. Regulating and prohibiting amusements.
  31. Markets, market houses and peddling.
  32. Creation of special funds; investments.
  33. Creation of capital reserve fund for anticipated capital expenditures.
  34. Joint municipal agreements.
  35. Joint contracts for police and fire protection.
  36. Insurance on property.
  37. Other insurance.
  38. Contract with railways.
  39. Water supply.
  40. Community buildings.
  41. Lockup.
  42. Flags.
  43. Comfort stations.
  44. Watering troughs.
  45. Garbage and refuse disposal facilities.
  46. Parking lots.
  47. Inclined planes.
  48. Historical property.
  49. Provisions against hazards of war.
  50. Street lighting.
  51. Towing equipment.
  52. Fire, rescue and life saving apparatus and houses.
  53. Eminent domain for national guard purposes.
  54. Lands for armory purposes.
  55. Appropriation of money, et cetera, to assist in erection of armories.
  56. Support of national guard units.
  57. Appropriations to organizations of veterans and American Gold Star Mothers.
  58. Payment of rent for veterans' organizations.
  59. Rooms for veterans' and children of veteran's organizations.
  60. Care and erection of memorials.
  61. Appropriation for burial ground maintenance.
  62. Municipal music.
  63. Purchase and planting of trees.
  64. Hospital appropriations.
  65. Community nurse services.
  66. Community ambulance service.
  67. Appropriation for civic purposes.
  68. Appropriations for handling, storage and distribution of surplus foods.
  69. Appropriations for industrial promotions.
  70. Appropriations to tourist promotion agencies.
  71. Appropriating money to assist political subdivisions and municipality authorities for airports.
  72. Non-Debt revenue bonds.
  73. Rewards for apprehension of certain criminals.
  74. General powers. To make and adopt all such ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution and laws of this Commonwealth, as may be expedient or necessary for the proper management, care and control of the borough and its finances, and the maintenance of peace, good government, safety and welfare of the borough and its trade, commerce and manufactures.
  75. To undertake community development programs, including but not limited to urban renewal, public housing, model cities programs and neighborhood development projects.
  76. Sale of real property to non-profit medical service corporations.
  77. Sale of real property to non-profit housing corporation.
  78. Grants to nonprofit art corporation.
  79. Appropriations for neighborhood crime watch programs.
  80. Appropriations to Senior Citizens Organizations.

I don't know about you, but I think enforcing disturbance of the peace and loitering rules - perhaps with a neighborhood crime watch if our police see a problem in a particular part of the Borough might be a better solution. It's always hard to look into the future and see the unintended consequences of a law.

Hey, just look at our recent problems concerning bistro sets and benches which flowed from an unclear merchant ordinance concerning the outdoor display of merchandise.

Let's not teach our youth that government is the official nanny. Personal responsibility is a much better lesson. Let's teach the responsiblities that come with freedom. There will always be bullies and scofflaws in every part of our society. Let's deal with that reality rather than put a lock on the rights of everyone.


5 comments:

Byron said...

Probably falls under 74 "general".

That is an interesting list. "Inclined Planes"??

You make a good point about enforcing existing laws (disturbanc of the peace, loitering) before enacting a new one.

Diane Cipa said...

47. Inclined planes. To acquire by purchase, lease, or otherwise, any existing inclined plan passenger and vehicular traffic transportation facilities, and to maintain and operate the same in the transportation of passengers and vehicles for hire, and for the accommodation of the public, and in like manner to acquire or to establish bus feeder lines, and to maintain and operate the same in connection with such inclined plane passenger and vehicular traffic transportation facilities.

Marianne McAuliffe said...

i think a curew is certainly out of place at this time..sure, there are a few nuisance cases now and then, but isn't that what we pay our police department to control? why double the fee for the loss of freedoms to the local population when the "problem" is already assigned??????????

Byron said...

Oh right - that kind of inclined planes. Rather than thinking of transportation, I was thinking of a simple ramp, and wondering if there was some township ordinance that I'd have to check with each time I pushed my wheelbarrow up a ramp.

{tangent}
Why is a desk blotter (remember those?) like a lazy dog? A desk blotter is an ink-lined plane, an inclined plane is a slope up, and a slow pup is a lazy dog. :-)

Diane Cipa said...

You crack me up, Byron. ;)