Ordinance 1889
Establishing Articles
of Borough Council
and Position
Descriptions
Articles of Borough Borough Council and Position Descriptions
At a regular meeting of the members of the Borough Council of Bolivar, Westmoreland County, Pennsylvania, held at the Council chambers of said borough on the fifteenth day of July one thousand eight hundred and eighty nine. The following Ordinances were adopted for the good government of said Borough.
Article I. Powers and duties of Burgess:
Section I. Be it ordained by the Borough Council of the Borough of Bolivar and it is hereby ordained by the authority of the same.
It shall be the duty of the Chief Burgess, or other principal cooperate official to preserve order and maintain the peace of the Borough, to enforce the Ordinances, ant the regulations thereof, to hear complaints, to review nuisances and to exact a faithful performance of the duties of officers appointed for the maintenance of the peace. To impose fines and penalties, to keep a docket, and make a record therein of all cases that may be heard and decided by him, and deliver the said docket to his successor.
Section II. On the second Tuesday of March of each year the Burgess elect shall when due notice shall have been given appear before the council and take upon himself the oath of affirmation of office prescribed by law.
Section III. He shall sign all orders drawn on the Treasurer for bills approved and directed to be paid by the Council.
Section IV. He shall in conjunction with the Council have control of the High Constable, and all police officers employed by him or by authority of the Borough, and shall power in cases of emergency to appoint special policemen, provided with appointment shall not extend for a greater length of time than two days at one time, unless the same shall be approved by the council.
Section V. The Burgess shall from time to time prepare and transmit to the Council a message calling their attention to such subjects as may in his judgment require their attention.
Section VI. It shall be the duty of the Burgess and officers acting under the authority of the Borough Treasurer on or before the fifth day of each month the full amount received, or collected by them respectively, during the preceding month which said amounts shall be considered as part of the Borough funds. Such payments shall be accompanied by a statement of the source from which said funds were received.
Section VII. Other officers collecting money shall also report to the council, at least once a month the amount received by them since their last report, the source from which the money was received and upon what account, with a statement of what amount if any, is yet due the Borough and from whom due.
Section VIII. It shall be the duty of the Burgess Street-Commissioner , or any other officer or person or any committee acting under the authority of the Borough, who shall employ any person or contract any debts in behalf of the Borough to certify and report the same to the Council at the first regular meeting of that body in the month immediately succeeding, stating the amount of said debt and what it was contracted for, with the name of claimants. Any bill not presented as above stated shall be verified by oath or affirmation, the cost of which oath or affirmation shall be paid by the party making same.
Section IX. The Burgess shall have charge of Borough seal and shall affix the same to all documents requiring said Authentication.
Article II. "Auditors"
1. Shall meet annually.
2. Cancel orders and make and return orders to Borough clerk.
Section I. The Borough Auditors shall meet annually not later than the second Tuesday in March, where they shall examine, audit, and adjust, accounts and orders of the Borough, showing the financial standing of the same.
Section II. The auditors shall immediately make and present to the Council a written report of the receipts, and expenditures of the Borough for the preceding year; also return to the Borough Clerk all receipted orders and vouchers by them cancelled.
Article III. Borough Clerk
1. Sign orders, keep accounts, file papers, make duplicate, report finances.
2. Record Ordinances
3. Minutes, collect fines from councilmen, notify councilmen of called meetings, written notice on Resolutions requiring executive action, present to the Burgess Ordinances passed, other duties.
Section I. The Borough Clerk shall draw orders on the Borough Treasurer for all bills which have passed Council, attest the same and keep a registry there of, He shall carefully file or preserve all return and other documents belonging to the Borough. He shall make out the Borough Duplicate, and annually in conjunction with the Treasurer, immediately after the Auditors settlement, make and submit to Council a report of the financial condition of the Borough including a statement of the receipts and expenditures f the preceding year.
Section II. He shall record all Ordinances which shall have been passed by Council and approved by the Burgess.
Section III. He shall keep correct minutes of the proceedings of Council and when required furnish a copy from Councilmen and give notice to members of Council of all called meetings and when a Resolution requiring executive action is passed by Council, he shall give written notice of the same to the Officers whose duty it may be to carry it into effect. He shall also present without unnecessary delay, to the Burgess for his approval all Ordinances passed by Council making a record of the date when presented. He also shall perform such other appropriate duties as may be required by Council.
Article IV. Borough Property
Section I. If any person shall destroy, or injure in any way any street lamp, lamp post, shade tree Borough Lock up or any other public property within the limits of the Borough, the person so offending upon conviction of same, shall pay for ever such offense a fine of not less than (1) or more than (30) thirty dollars besides full amount of costs, and expenses repairing same and in case of neglect, or refusal, the party or parties so offended shall proceed according to law to collect the same with costs of suit; provided that where the injury is accidentally done, no further fine shall be imposed than the costs and expenses of repairing same.
Article V. Building Permits
1. Erecting or removing building excavations locally specified.
2. No more than six months permit, posts only opposite property repaired, Free gutter, one third width of street limit of obstructions. Special permits.
3. Fees charged. Building removed badly. Penalties
Section I. Any person wishing to erect, repair, or remove any building, excavated or wall up cellar or vault, or make any improvements which will in any way obstruct any sidewalks, street, or alley shall obtain a written permit from the Burgess which permit shall describe the locality of such contemplated improvements, and specify the time required to do the same.
Section II. No permits shall be granted for a longer term than six months, and the person or persons receiving such permit shall not block up or obstruct any street, or side walk, or part thereof except that immediately opposite and in from of the part to be improved. The material to be used shall be put up in regular compact form. Lumber and stone shall be piled parallel with the street or alley leaving the gutter free and unmolested. The obstruction shall in no case extend to no more than one third the width of the street except when building are to be removed bodily across or along streets or from one lot to another in which special permits may be granted authorizing the same.
Section III. For the right to obstruct, or encumber the streets, sidewalks, or alleys as heretofore specified for one week, or part there of a fee of fifty cents shall be paid to the Borough Treasurer and for all additional time at the rate of twenty-five cents per week or the fraction thereof, and all material and rubbish shall be removed by the party obtaining the permit, before the expiration of the same for the privilege of removing a building as a whole along or across a street of fee of one dollar per day or a fraction thereof shall be charged. any person failing to comply with the condition herein stated, shall be subject to a fine not less than one or more than ten dollars.
Article VI Meetings, Powers, and Duties
1. Last meeting in year of Council, organization of new Council, Elections of Officials.
2. Meeting of Council - when? Quorum, Vote
3. Fines for non attendance of Councilmen.
Section I. On the second Tuesday of March of each year the Councilmen elect shall meet in the Council Chambers for organization. After the Council closes the business for the year, as elsewhere defined in the duties of each officer the members having served their term of office shall retire and the Councilmen - elect shall be sworn or affirmed according to law by the newly installed Burgess, or a Justice of the Peace, they shall then proceed to elect a President, Secretary, and Treasurer. As soon as practicable the Council shall elect a Street Commissioner and a Borough Assessor who shall be sworn or affirmed by the Burgess within ten days from there election, and enter upon the discharge of duty as soon as instructed in council.
Section II. The Council shall meet on the second Monday of each month. Special meetings may be called at any time by the Burgess, President, or Secretary. At any meeting, four members of the Council shall constitute a quorum, and no business shall be transacted without the votes or consent of four Councilmen, or three without the vote or consent of four Councilmen, or three Councilmen and the Burgess, Any less than a quorum may adjourn from time to time, or order the High Constable to compel the attendance of absent members
Section II. From October first until April first the Council shall meet at seven o'clock, Immediately after meeting the clerk shall read the minutes and then call the roll. If any member of council is absent when roll is called, he shall be fines twenty-five cents which shall be collected by the clerk, unless said member prevents a reasonable excuse at next meeting, when Council may if they deem proper excuse such person from fine.
Article VII - Exhibitions, Entertainments and Shows
1. License required for all shows, and entertainments except scientific or literary fairs, etc., by citizens, also concerts for charitable purposes.
2. Obscene or immoral shows prohibited.
3. Penalties for violations.
Section I. No person or persons shall exhibit within the limits of the Borough any theatrical or dramatic entertainment or shall act, exhibit, play, or perform any opera, circus, riding or horsemanship, curiosity, tricks of Léger domain, lottery, concert, or any other exhibition entertainment, show or announcement of any nature whatever for which any fee or reward is asked , or received, without first obtaining a license for the purpose from the Borough Treasurer, which said license shall express for that it is granted and the time it is to continue. The amount of said license shall be determined by the Burgess, but in no case shall be determined by nor more than twenty (20) dollars for each day of part thereof, that the same shall be exhibited, provided that for lectures or for literary or scientific subjects exhibition of fairs painting or stationary, given or made by the citizens for benefit of charitable purposes, no license or permit shall be required.
Section II. No person shall act, exhibit, show or perform or care to be acted shown exhibited or performed exhibition, show, or entertainment.
Section III. Any person violating any provision of the Ordinance contained in the law previous sections of this chapter, shall upon conviction thereof, be fined not less than Twenty (20) nor more than two Hundred (200) dollars for every such offense.
Article VIII - Fees and Salaries of Officers
1. Fees and salaries of all Borough Officers (a. e.)
2. Salaries except Burgess and High Constable paid by Borough. 6
Section I. Fees and salaries of Borough Officers shall be as follows:
a. Burgess shall receive same fees and costs as those prescribed by law for Justice of Peace and like cases.
b. The Borough Clerk shall receive for his services eight (8) dollars per year.
c. Salary or wages of Street Commissioner shall be determined by Council each year.
d. The Treasurer shall receive 3% on all money received by him and paid out on Borough Orders.
e. The High Constable and Police shall receive the same fees and costs as prescribed by law for Constable in like cases, and further, the High Constable shall receive five percent of the Borough taxes collected by him provided the Council may at any time be Resolution or motion change the salary or compensation of any of the aforesaid officers.
Section II. The above named salaries and commissions shall be paid by orders drawn on the Treasurer in pursuance of a Resolution of Council provided that the Borough will not in case be liable for fees and costs of Burgess, High Constable, and Police occurring from prisoners or persons brought before the Burges for hearing.
Article IX. High Constable and Police
1. Enforce Ordinances, make complaint, Preserve peace.
2. Post election Notices, laws, etc. Give personal notice Prep C.C.
3. Keep and feed prisoners, compensation. Borough liable.
4. Bond and Oath. Same to be filed. When assume duties.
5. Penalty for neglect of duty.
Section I. It shall be the duty of High Constable and Police to enforce all Borough laws, regulations and Ordinances, to make or cause to be made to the Burgess complaints of every infraction of said laws, regulations, and Ordinances which shall come to their knowledge they shall procure the necessary proof thereof, and in sub ordination to the Burgess shall preserve the peace and quiet of the Borough, and shall quell all disturbances.
Section II. The High Constable shall post or cause to be posted in the manner prescribed by law all notices of elections held in pursuance of any Resolutions of council and all Ordinances enacted by Council, and when law or Resolutions of Council requires personal notice to be given relative to any proceeding before council, he shall serve such notice as may be required by law or Resolution of Council. Hel shall see that the Council chamber is duly prepared for meeting of Council and be present at session of Council and shall execute all warrants or processes issued by the Burgess.
Section III. It shall be the duty of the High Constable to securely keep and feed all such persons as may be confined in the Lock-up House, or be in custody, otherwise in pursuance of the Ordinance of the Borough. He shall be entitled to charge and receive such compensation for boarding prisoners as may be allowed and designated by Council which said fee shall be charged against the prisoner or prisoners as costs provided the Borough shall be liable to the High Constable for such boarding bills.
Section IV. The High Constable shall give bond in such sum as may be determined and with such security as may be approved by the Council. The bond together with his oath of office shall be filled within ten days from the time he received notice of his election provided that if the Council agree to by a full majority vote, he may perform those duties at a later date.
Section V. If the High Constable or any police officer shall neglect or refuse to enforce any of the laws, regulations or ordinances of the Borough after his attention shall be called there to by any citizen of the Borough such officer shall be fined in any sum not less than one (1) dollar nor more than one hundred (100) dollars in addition to any other penalty his neglect may subject him to.
Section VI. It shall be the duty of the High Constable to collect from all officers committing prisoners to the Borough Lock-up for all other offenses than Municipal the sum of fifty(50) cents on committing them and the like sum of fifty cents for every excess lived day or fraction of a day for each prisoner so confined and all money so received shall be paid over to the Burgess who shall record in his Docket the name of the prisoner and the name of the officer making the commitment and the Burgess shall pay all such money to the Treasurer.
Article X Licenses - See also Article VII
1. License for vendors of potent medicines, etc
No person shall use or be upon any street, alley, sidewalks, or public grounds of the Borough to hawk or vend thereon any potent medicines, potent or other article or thing in such a manner so to collect a crowd, or assembly a people without first having obtained from the Borough Treasurer a license the amount thereof shall not be less than one dollar nor more than five dollars for every day or part thereof which amount shall be fixed by the Burgess provided that no prize packaging be sold, nor any lottery or sale or device in the nature of a lottery shall be permitted. Any person offending against provisions of this section shall upon conviction thereof be fined not less than two dollars nor more than twenty dollars.
Article XI. Lock Up
1. Neglect or refusal to pay fine. Confinement in Lockup fees and costs collected before the Justice of the Peace.
Section I. In case any person or persons sentenced by the Burgess neglects or refuses to pay any fines imposed under the provisions of any Ordinance of the Borough, together with the fees and costs thereon such persons shall be committed to the Borough Lockup house for a period not exceeding forty-eight (48) hours at any one time, and the fine and costs may be collected by proceeding before the Justice of the Peace.
Article XII. - Nuisances
1. Obstructions on the streets, etc, penalty. Building Materials excepted, also temporary deposit of goods.
2. Wagons, carts, etc on streets and alleys. Penalty
3. Wagons, carts etc, at intersection of streets and alleys and streets and crossings. Penalty
4. Occupier of lot to remove nuisance. Penalty
5. Penalty for certain animals running at large.
6. Stables, hog pens, water closets, etc prohibited on public streets.
7. Fast riding prohibited. Leading or riding on sidewalks.
8. Stallions or Jackasses
9. Milking cows on sidewalks.
10. Indecent exposure
11. Dogs and ditches.
12. Barbed wire fences
13. Tramps
Section I. No persons shall cart any earth, bricks, stone, coal, wood, coal ashes, mortar, lime, showings manure filth, or substances of any kind except articles for the purpose of immediate loading, removing or storing away, on any street, sidewalk, square or alley within the Borough; provide that this section shall not apply to building material or other obstructions, authorized by proper permits, from the Borough nor materials used on the repair or laying of sidewalks, provided further that this shall not apply to merchants and others occupying stores and ware rooms and engaged in selling goods wares and merchandize who may use not exceeding three feet of the sidewalk next to and adjourning their business establishment, for the display of such goods as they may be dealing in, but the same shall be removed no later than ten o'clock each night. Penalty one to ten dollars.
Section II. No person shall place any wagon cart carriage or vehicle of any kind on any public street, square alley, or highway within the Borough and suffer the same to remain for more than two hours except for the purpose of loading and un loading under penalty of not less than one nor more than five dollars for each and every offense.
Section III. Any person who shall place any wagon cart sleigh, plow, barrow, or other vehicle with horses or other animals. Attached thereto on any of the crossings or at intersections from any of the alleys and streets in the Borough, and on being notified by the High Constable or street commissioner shall neglect or refuse to remove the same immediately shall forfeit and pay a fine of not less than one dollar nor more than ten dollars for each and every offense.
Section IV. The occupant or possessor of any lot within the Borough shall when requested by notice from the street commissioner or Burgess remove all wood, coal, barrels, boxes, or other obstructions which may be without legal authority on the sidewalks, squares, alleys or streets in front of or adjourning the lot occupied by such persons, Any person neglecting or refusing to remove the same shall be fined not less than one nor more than twenty dollars for each and every offense together with the cost of remaining such obstruction in case it is done by a Borough officer.
Section V. Any person who shall willfully suffer his horse, or mare squealing mule, hog, or goat to run at large in the Borough shall for each offense forfeit and pay for each of said animals, so running at large the sum of one dollar and any of the before mentioned animals as found running at large it shall be the duty of the High Constable, Street Commissioner or Policeman to siege and take into custody and imprison every one of said animals so found running at large and claim such animals and pay said fines and keeping the same every such animal shall be sold at public sale by the High Constable or Street Commissioner, and after retaining the amount of reasonable costs and expenses he shall pay the balance if any to the Treasurer of the Borough.
Section VI. No person shall build or cause to be built any stable, hog pen, or water closet on any public street. any one failing to comply with this section shall be subject to a fine of not less than one dollar nor more than twenty dollars, the person so offending shall remove the said stable, hog pen, or water closet within ten days from timed notice shave have been served on him, and in case of failure to remove said stable, hog pen, or water closet within the specified time, the Council shall then have it done at the expense of the owner with twenty (20) percent added thereto.
Section VII. Any person who shall willfully ride or drive any horse, mare, gelding or mule at a faster act than a slow trot, within the limits of the Borough shall forfeit and pay for every such offense a fine of not less than one dollar nor more than twenty dollars, nor shall any person ride or lead such animal on the sidewalks, under penalty of not less than one dollar nor more than five dollars.
Section VIII. It is hereby declared a public and common nuisance for any stallion, or jack to be led to or be suffered to cover a mare in any other than a secluded place within the limited of the Borough, and any person owning or having such stallions or jack violating the provisions of this section shall be fined not less than five nor more than ten dollars.
Section IX. No person shall be permitted to feed or milk any cow, or cows on the sidewalks in the Borough under penalty of one dollar for each offense.
Section X. Any person who shall indecently expose his or her person within the limits of the Borough shall be fines not less than one dollar nor more than five dollars for each and every offense.
Section XI. Any person residing within the limits of the Borough having in his possession or owning any dog or bitch, shall pay a tax of fifty cents (50) for one dog and one dollar for each additional dog, for one bitch he shall pay a tax of one dollar and for each additional bitch, a tax of two dollars shall be charged, but not bitch while in heat shall be suffered to run at large, but the owner of said bitch or any person controlling or exercising any agency over the same or at whose house or premises the same and prevent her from running at large. that part of the fore going section relating to bitches in heat shall also apply to dogs of cross or vicious habits, or dogs showing signs of rabies or any dog belonging to a house where small pox exists, any person violating any part of the foregoing section shall be fined not less than one dollar nor more than ten dollars.
Section XII. Any person who shall construct or cause to be constructed any barbed wire fence along any street, sidewalk, or ally shall be subject to fine of not less than one nor more than ten dollars and shall be required to remove the same within ten days notice, if the same be not removed by that time the Council shall have it removed the expense of which with twenty percent added shall be collected from the person or persons so offending.
Section XIII. Any tramp who is found within the Borough limits, going from place to place begging shall be incarcerated in the Borough Lock up until he can get a hearing before the Burgess who shall fine him what he shall think proper, if such fine be not paid the said tramp shall think proper if such fine be not paid the said tramp she be put to work on the streets until such fine be satisfied; provided that this shall not apply to females or to blind, deaf, drunk, aged, or crippled persons who shall be exempt from fine or labor.
Article XIII Public Health and Nuisances
1. Fainted or unwholesome provisions. Penalty
2. Water closets regulated. Penalty
3. Garbage, offal, etc on streets. Penalty
4. Driving carts or wagons. Penalty
Section I. Any person selling, exposing, or offering for sale and within the Borough limits any taint, unsound, or un whole meat or other provisions, shall upon conviction thereof be fixed not less than one dollar nor more than ten dollars for each and every offense.
Section II. Every water-closet within the Borough shall be walled or substantially planked so as to effectually prevent it from caving in on the line of adjourning [property. Is shall be made close and private and kept from nauseous or offensive smell to the neighborhood. Where a vault or sink for a water-closet shall be otherwise than afore said constructed or kept, the same is hereby declared a public nuisance and a danger to the health of the community; and after due notice shall have been given by the street commissioner to remove the same, if the person notified shall refuse or neglect to do so, he shall forfeit and pay a fine of not less than one dollar nor more than twenty dollars and in addition to this the cost of removing the same with twenty percent added.
Section III. Any person who shall keep or suffer to be kept or remain on his or her premises or private property any dead carcass, garbage, pretrial meat, nauseous liquid, or other offensive or unwholesome matter or cast the same upon any lot, square, street, sidewalk, alley or piece of ground within the Borough or so near the limits therefore as to annoy and be offensive the same is hereby declared a public nuisance and danger to the health of the neighborhood, and the same shall be removed accordingly and the person so offending shall pay the expense of removing with twenty percent added, and shall be fixed not less than one dollar no more than twenty dollars.
Section IV. Any person who shall drive or cause to be driven any wagon, cart, or other vehicle, containing any manure, filth or rubbish of any kind, through any street, square, or highway in the Borough shall have a sufficiently tight bed there on so as to prevent the contents from falling out, and being scattered over the ground, any person or persons violating the provisions of the section shall be fixed not less than one dollar nor more than five dollars for every offense.
Article XIV. Public Peace
1. Disorderly assemblies dispersed. Refining to obey officers. Penalty
2. Night walkers. Rogues etc. Hearing before Burgess. Penalty
3. Crowds at church doors prohibited.
4. Fighting, quarreling, etc. prohibited.
5. Discharging fire arms etc. False alarm.
Section I. The Burgess, High Constable, or police of the Borough shall have power in case of a fire or any other assemblage to dispense all crowds and collections of idled disorderly or suspicious person and otherwise to preserve order and the prevent the commission of offenses or such occasions, any person interfering with or refusing to obey such officers in discharge of their duties under this section shall pay a fine or not less than ten dollars no more than one hundred dollars for every such offense.
Section II. It shall be the duty of High Constable and police at all times to apprehend all night walkers, malefactors, vagabonds, rogues, and disorderly persons who may be found upon the streets, corners, or alleys and the sidewalks of public places and drinking saloons or other places within the Borough. They shall bring all such described persons before the Burgess to be examined and search above described persons as shall be convicted of disorderly conduct calculated to disturb the peace or if found gathering together in disorderly assemblages shall pay a fine of not less than one dollar nor more than twenty dollars for each and every offense.
Section III. All persons are strictly forbidden from standing, lingering, or loitering around or near to any church in a public building in the Borough during the time of holding any service or meeting therein or in any way obstructing or preventing the free ingress or egress of any person in attendance thereat, all persons so offending shall forfeit and pay a fine of not less than one dollar no more than ten dollars.
Section IV. Any person who shall willfully discharge any gun or firearm except in necessary defense of a person or property within the limits of the Borough, or who shall wantonly any metal stone brick, bullet or other missile or who shall explode any torpedo, bomb, fire- cracker, or fireworks of any kind in the streets or raise any false alarm or fire or other calamity shall every such offense forfeit and pay a fine of not less than one dollar nor more than ten dollars in addition to any damage occurring from such a violation of the Ordinance.
Article XV. Public Safety.
1. Storing gunpowder. Limit 30 lbs. Penalty.
2. Stove pipes, flue's, and chimneys regulated Penalty.
Section I. No person shall keep in any house, shop, cellar or any other building, or any other enclosure on his or her premises more than thirty pounds of gun powder at any one time. and all gun powder so kept shall be safely secured, and any person violating the provisions thereof shall pay a fine of not less than five dollars nor more than fifty dollars for every such offense.
Section II. No stove pipe shall project through the side of any building in the Borough and pipes, flues and chimneys shall be carried up in a safe and secure manner through the building in which they may be placed, and their ends shall project through the roof a safe and secured distance, not less than two feet. Any person violating the provisions herein contained shall forfeit and pay for every such offense a fine of five dollars a week for every week the same may be continued and further fine of five dollars for the offense.
Article XVI. - Sidewalks
1. Property owners to keep sidewalks in good condition in case of failure Borough shall do same. Expense
2. Width of sidewalks.
3. Driving or riding on sidewalks, prohibited.
Section I. It shall be the duty of the owner or owners of any lot or lots of ground fronting on any street or streets, the sidewalk along which lot or lots is traveled by the public, to keep the said sidewalk at all times in good passable condition, free from mud, and the gutters in front unobstructed in case any person or persons refuse or neglect to comply with the requirements of this section after ten days notice shall have been given by the Burgess or street commissioner, the officer giving such notice shall immediately proceed to have the said sidewalk or sidewalks repaired, the expense of which with twenty percent added shall be collected from the person or persons so neglecting or refusing to repair the same.
Section II. The width of the sidewalks on the main streets running north and south shall be seven feet and on the cross streets six feet.
Section III. Any person who shall draw, drive, or cause to be drawn on driven on any sidewalk, any wagon, cart, or other vehicle which will interfere with the free use thereof by pedestrians except when passing immediately across in going to and from stables, yards, or alleys, or shall willfully lead, bitch, ride or drive except on condition immediately above stated, any horse, mare, mule, gelding or other animal on any of the sidewalks shall be subject to a fine not less than one dollar nor more than five dollars provided that this section shall not be construed to mere wagons, carts, etc loading or unloading coal, wood, hay, or other material which cannot be loaded or unloaded conveniently without trespassing on the sidewalk.
Article XVII. Streets and Alleys
1. Digging streets prohibited. Penalty, Permits
2. No person permitted to leave excavation open during night. Penalty
3. Dragging laws prohibited. Exceptions Penalty.
Section I. It shall not be lawful for anyone to dig up or in any way disturb any street, alley, or sidewalk without first obtaining a permit from the Burgess or Treasurer which permit shall designate the locality, of such contemplated work. Any person violating this section shall be subject to a fine of not less than one dollar nor more than ten dollars.
Section II. No person shall leave any cellar, walk or other excavation on or adjoining any street alley or sidewalk within the Borough open, or exposed after nightfall, without the same secured by a temporary fence or covering so as to obviate the danger of accidents. any person failing to comply with the requirement of this section shall be subject to a fine of not less than one dollar nor more than twenty dollars.
Section III. No person shall drag or cause to be dragged on any street in the Borough any logs or heavy timber of any kind under penalty of not less than one dollar nor more than ten dollars, provided that this shall not apply to timbers for repair of culverts, bridges, etc. for the Borough.
Article XVIII. - Street Commissioner
1. Subordinate officer. contracts approved by Burgess and Council.
2. Remove obstructions. Report expose to Council Burgess shall recover same. Penalty.
3. Enforce Ordinances, Shall not permit stagnant water, etc to remain
4. Close attention to Borough matters. Enter upon private property and remove nuisance.
5. Present statement of expenditures at least once a month, Keep tools of Borough.
6. Penalty for neglect of duty.
Section I. The Street Commissioner shall be in strict subordination and subject to the direction of the Burgess and Council, and shall have full power and authority in carrying out his instructions in the enforcement of ordinances, to make contracts and have all needful aid subject to the approval of burgess and Council.
Section II. He shall give immediate notice to all persons whose buildings, fencing or other property of any kind whatever may encroach upon the public streets, sidewalks, or alleys or other property of the Borough, and if such buildings or fences be not restored within two months and all personal property and loose material within ten days it shall be the duty of the Street Commissioner to remove the same without delay at the expense of the Borough, and make return thereof to the council as soon as practical thereafter, with the costs of removing same verified by oath or affirmation, where upon the Burgess in addition to any fines which he may impose according to the Ordinances of the Borough shall proceed according to law to recover the amount so expended for the removal of such obstruction with twenty percent added thereto which sum shall be paid into the treasury for the use of the Borough.
Section III. It shall be the duty of the Street Commissioner to enforce all regulations and ordinances passed by the Council relating to streets, alleys, sidewalks, gutters, sewers, culverts, bridges or nuisances. He shall not permit any stagnate water or other nauseas or offensive matter to remain whereby the health of the inhabitants may be endangered, on any public or private property within the Borough.
Section IV. It shall be the duty of the Street Commissioner to pay close attention to the matters pertaining to the Borough in order to ascertain if any of the Ordinances have been, or are being violated and it shall be his duty to give immediate notice or information to the Burgess of any violations he may discover. he shall have full power and authority to enter into or upon any private property and remove there from at the expense of the owners with twenty percent added thereto any and all nuisances found thereon.
Section V. The Street Commissioner shall keep and itemized account of all expenditures in his office and shall prepare and present to the Council at least once a month a correct statement of the same for the preceding month. He shall also have charge of all Borough tolls and shall be held accountable for the same.
Section VI. If the Street Commissioner shall willfully neglect or refuse to perform any duty required of him by the Borough Ordinances, after his attention shall have been called thereto by any citizen of the Borough, he shall pay a fine of not less than one dollar nor more than ten dollars in addition to any other penalty, his neglect may subject him to,.
Article XIX. Treasurer
1. Bond required. shall assume duties immediately.
2. Receive all moneys. Pay same on orders etc.
3. Accounts. how kept. Open to inspection of Burgess and Council.
4. Grant licenses and building permits.
5. Meet and assist Borough auditors in settlement, also Borough clerk in making report.
6. Register dogs.
Section I. The treasurer shall assume the duties of his office on the second Tuesday in March or as soon thereafter as possible, and within ten days from his election shall give bond in such amount and with such security as the Council may approve or determine which bond will be filled by the Borough Clerk.
Section II. He shall receive all monies accruing to the Borough in any way whatever and pay the same out on orders drawn by the Burgess and attested by the Clerk, and no others. He shall deliver to his successor in office all books, money, or property belonging to the Borough which he may have in his possession or under his control.
Section III. He shall keep the accounts of his office in an intelligible manner wherein the reception and expenditures shall be inhibited; and he shall at all times during his office hours, when required to do so, exhibit the same for the inspection of the Burgess or any member of the Council.
Section IV. The Treasurer shall have power and is hereby authorized to grant licenses and permits in accordance with the Ordinances of the Borough to such persons who may apply and pay for the same. He shall keep account of such grants with the revenue derived from each.
Section V. He shall where required to do so by the Borough Auditors produce his books, papers, vouchers, and accounts and aid the auditors in making a statement of the Borough accounts; he shall also assist the Borough Clerk in making out his annual financial report on the conditions of the Borough.
Section VI. The Treasurer is authorized and directed to keep a register of all dogs which may be returned to him in accordance with the Ordinance of the Borough, and to furnish a proper certificate to the party registering the same, and to keep a correct account of the revenue there from.
Article XX - Interference with Officers
1. Interfering with officers in the discharge of their duties. Penalty
Section I. If any person shall in any way interfere with any officer in the discharge of his duties or any other person shall resist the exception or enforcement of Ordinances of the Borough or any Resolution of Council such persons so interfering or resisting shall pay a fine of not less than ten dollars nor more than one Hundred dollars.
Approved the 17th day of July 1889
S.W. McClenahan
Burgess
Attest:
J.B Hammond
Secretary of Council
Original ordinance on file in ordinance book pages # 11, 12, 13,14,15,16,17,18,19,20,21,22,23,2425,2627 & 28