CHAPTER 13 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS

Transcription

1 CHAPTER 13 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS A. Cable Television Ordinance. PART 1 CABLE TELEVISION FRANCHISE 101. Short Title 102. Definitions 103. Require a Franchise to Operate 104. Compliance with Applicable Laws and Ordinances 105. Indemnification; Insurance 106. Grantee Rules 107. Conditions on Street Occupancy 108. Borough Rights 109. Payment to Borough 110. Records and Reports 111. Terms of Franchise 112. Franchise Applications 113. Termination of Franchise 114. Assignment B. Granting of Franchise Granting of Franchise 122. Term of Franchise 123. Franchise Fee 124. Sale or Assignment of Franchise C. Transfer of Franchise Transfer of Franchise 132. Confirmation 133. Acknowledgment 134. Release 135. Continuing Agreement PART 2 DROP-OFF SITES 201. License Required; Fees 202. Applicable Rules and Regulations 203. Licensee Posting Bond or Other Security 204. Termination of License

2 205. Additional Rules and Regulations 206. Borough's Right to Remove and Dispose of Items 207. Penalties 208. Enforcement Remedies PART 3 CHARITABLE SOLICITATION 301. Definitions 302. Permits 303. Applications 304. Reasons for Refusal of Permit 305. Cancellation of Permits 306. Permits for Charitable Literature Distribution 307. Appeals 308. Issuance of Permits 309. Time, Location, Manner and Number of Persons Involved 310. Duration and Renewal 311. Penalties PART 4 TRANSIENT RETAIL MERCHANTS 401. Definitions 402. License Required; Conditions of Issuance; Fee 403. Exceptions 404. License Application 405. Issuance of License; Custody, Display and Exhibit 406. Prohibited Act 407. Supervision; Records and Reports 408. Denial, Suspension and Revocation of License; Appeal 409. Penalties 501. Permit to Erect, Move or Replace PART 5 UTILITY POLES

3 601. Title 602. Purpose 603. Definitions 604. Yearly Limit on Garage and Yard Sales 605. Exemptions 606. Penalties PART 6 GARAGE AND YARD SALES 701. Regulations 702. Penalties for Violation PART 7 POLITICAL SIGNS PART 8 HOUSING 801. Purposes and Findings 802. Definitions 803. Duties of Owners and Managers of Residential Rental Units 804. Duties of Occupants of Residential Rental Units 805. Residential Rental Unit Licensing 806. Sale or Transfer of Residential Rental Units 807. Appeals 808. Enforcement 809. Violations and Penalties 13-3 Supp. II; revised 12/2/2013

4 13-4

5 (13, PART 1A) PART 1 CABLE TELEVISION FRANCHISE A. Cable Television Ordinance SHORT TITLE. This Part shall be known and may be cited as the "Cable Television Ordinance." (Ord. 243, 4/6/1992, 1) 102. DEFINITIONS. For the purpose of this Part, the following terms, phrases and words shall have the following meanings: CABLE TELEVISION SERVICE - the provision of any lawful service through the transmission of electrical or electronic signals. CABLE TELEVISION SYSTEM - a facility that crosses public rights-of-way, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service to customers, but such term does not include: A. A facility that serves only to retransmit the television signals of one or more television broadcast stations. B. A facility that serves only subscribers in one or more multiple unit dwelling under common ownership, control or management, unless such facility or facilities uses any public right-of-way. C. A facility of a common carrier which is subject, in whole or in part, to the provisions of Federal statute, except that such facility shall be considered as a cable system to the extent such facility is used in transmission of video programming directly to subscribers. [Ord. 261] D. Any facilities of any electric utility used solely for operating its electric utility system. COUNCIL - the Borough Council of the Borough of Cleona. GRANTEE - any person or entity which is granted a nonexclusive franchise pursuant to the terms of this Part. MUNICIPALITY - the Borough of Cleona.

6 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS PERSON - any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. 243, 4/6/1992, 2; as amended by Ord. 261, 7/1/2002, 1) 103. REQUIRE A FRANCHISE TO OPERATE. 1. A nonexclusive franchise to construct, operate and maintain a cable television system within all or any portion of the Borough is required of anyone desiring to provide cable television service in the Borough. A franchise may be granted by the "Borough Council" by resolution to any person, film or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide such cable television under and pursuant to the terms and provisions of this Part. Such franchises shall be subject to the following conditions, in addition to those set forth elsewhere in this Part or those set forth in any resolution of the Borough. [Ord. 261] 2. Term of Franchise. A. The term of the franchise shall commence upon the franchisee signing and accepting the terms set forth and referred to in the resolution. [Ord. 261] B. The term of the franchise shall be as established by the Borough and as set forth in the resolutions. 3. Nonexclusive Grant. No right to use and occupy said streets, alleys, public ways and places granted pursuant to this Part shall be deemed to be exclusive, and the Borough reserves the right to grant similar rights to any other qualified company at any time. (Ord. 243, 4/6/1992, 3; as amended by Ord. 261, 7/1/2002, 1) 104. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES. Grantees shall, at all times during the life of a franchise grant pursuant hereto, be subject to all lawful exercise of the police power by the Borough, and to such reasonable regulation pursuant to the exercise of such police power as the Borough, Commonwealth of Pennsylvania or United States of America shall hereafter by resolution, ordinance, statute or regulation provide, including: A. Interference. If there is any interference on any television set, radio or other electronic device not connected with the conductors or fixtures of the grantee which is caused by the conductors or fixtures of the grantee, the grantee shall immediately at its own cost and expense eliminate such interference. If such interference cannot be eliminated within 48 hours, the Borough may direct the suspension of the operation of the grantee within the affected area of the Borough until such interference is eliminated.

7 (13, PART 1A) B. Building Permits. In addition, the grantee shall apply for and take out any and all building permits required by the Borough for any construction to be undertaken by said grantee. C. Regulation of Cable Television Rates and/or Charges. During the term of any franchise, should the State or Federal government enact into law the regulation of rates and charges applying to cable television, those laws shall be applicable to the rates and charges of existing franchisees. If the laws permit the Borough to impose regulations, nothing in this Part or franchise resolution shall prevent the Borough from regulating the same. (Ord. 243, 4/6/1992, 4) 105. INDEMNIFICATION; INSURANCE. Grantee shall save the Borough harmless from any suit, judgment, claim or demand whatsoever, arising out of the operations of the grantee in the construction, operation or maintenance of its cable television system in the Borough. The Borough shall notify the grantee's representative in the Borough within 10 days after the presentation of any claim or demand, either by suit or otherwise, made against the Borough on account of any damages or losses as aforesaid resulting from the operations of the grantee. The grantee shall furnish to the Borough, prior to the grant of a franchise hereunder, evidence in writing that the grantee has in full force and effect public liability insurance of not less than $5000,000 for any one person and $1,000,000 for any one accident, and property damage insurance of not less than $500,000 duly issued by an insurance company or companies authorized to do business in the Commonwealth of Pennsylvania, said insurance to cover all operations by the grantee within the Borough. Upon request, written evidence of the maintenance of such insurance in full force and effect shall be furnished annually thereafter to the Borough. (Ord. 243, 4/6/1992, 5) 106. GRANTEE RULES. The grantee may promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its obligations under a franchise granted pursuant to this Part and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof, additional regulations or ordinances of the Borough or the laws of the Commonwealth of Pennsylvania or the United States of America. (Ord. 243, 4/6/1992, 6)

8 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS 107. CONDITIONS ON STREET OCCUPANCY. 1. Use. All transmission and distribution structures, lines and equipment erected be so located as to cause minimum interference with the use by others of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of owners of property which abuts the said streets, alleys or other public ways and places. 2. Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, grantee shall at its own cost and expense and in a manner approved by the Borough Engineer or other person designated by the Borough Council, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced. [Ord Relocation. In the event that at any time during a period of any franchise granted pursuant to this Part the Borough shall elect to alter or change the grade or location of any street, alley or other public way grantee, upon reasonable notice by the Borough, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. 4. Placement of Fixtures. Grantee, insofar as it is reasonably possible to do so, shall locate its wires, cables, conduits and other television conductors and fixtures on existing utility poles of either the electric or the telephone company. Grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrant or main, and all such poles or other location as approved by the Borough. 5. Temporary Removal of Wire for Building Moving. Grantee shall, on the request of any person holding a building permit issued by the Borough, temporarily raise or lower it wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and grantee shall have the authority to require such payment in advance. Grantee shall be given not less than 48 hours advance notice to arrange for such temporary wire changes. 6. Tree Trimming. Grantee shall have the authority, to the same extent that the Borough has such authority, to trim trees and upon overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires and cables of grantee. (Ord. 243, 4/6/1992, 7; as amended by Ord. 261, 7/1/2002, 1) 108. BOROUGH RIGHTS. 1. Borough Rules. The Borough may adopt by resolution such additional regulations as it shall find necessary in the exercise of the police power; provided, that such regulations shall not conflict with the laws of the Commonwealth of Pennsylvania and the United States.

9 (13, PART 1A) 2. Use of System by Borough. The Borough shall have the right, during the life of this franchise, free of charge, where aerial construction exists, of maintaining upon the poles of grantee within the Borough wires and fixtures necessary for police communications, fire alarm and civil defense warning systems. The Borough will be responsible for installation and maintenance of any such systems. If any such systems interfere with operation or maintenance of the cable system, then grantee shall repair, move or remove equipment and shall be reimbursed by Borough for all reasonable costs of labor and material. 3. Inspection. The Borough shall have the right to inspect all construction or installation work during such construction or installation or at any time after completion thereof, in order to insure compliance with the provisions of this Part and all other governing ordinances. (Ord. 243, 4/6/1992, 8) 109. PAYMENT TO BOROUGH. 1. Any grantee holding a franchise pursuant to the terms of this Part shall pay to the Borough for the privilege of operating its community television system under such franchise the sum as fixed by the Borough in its resolution, and the Borough shall have the right to change the rate on an annual basis so long as it has given the franchise 60 days written notice. Termination of operation or failure to undertake operation by the grantee within 1 year of the granting of a franchise hereunder shall terminate the franchise. If a franchise terminates operation, the franchisee shall give 10 days written notice of termination to the Borough. 2. Grantee shall make payment to the Borough of such fees on a quarterly basis. [Ord. 261] (Ord. 243, 4/6/1992, 9; as amended by Ord. 261, 7/1/2002, 1) 110. RECORDS AND REPORTS. The grantee shall at all times maintain adequate records of the gross receipts from service rental income, which shall be available at all reasonable times during regular business hours to inspection by the Borough through its duly designated agents and officers. (Ord. 243, 4/6/1992, 10) 111. TERMS OF FRANCHISE. Any franchise granted hereunder shall be for the initial term of 10 years or for such other term as the Borough shall determine, however, that said franchise permit thereafter automatically renew for each successive year upon the payment of the fees provided hereunder and

10 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS compliance with the terms and conditions herein imposed or as imposed in the resolution or regulations of the Borough. (Ord. 243, 4/6/1992, 11; as amended by Ord. 261, 7/1/2002, 1) 112. FRANCHISE APPLICATIONS. 1. All applicants for a franchise shall submit to the Borough a statement containing the following: A. Name of the applicant. B. Address of the applicant. C. Evidence of financial condition of the applicant and, if the applicant is a corporation or partnership, the names of the principal stockholders or partners, whichever is applicable. A financial statement of the person or corporation shall be submitted and shall be certified by a certified public accountant. D. Description of the area to be covered by the franchise. 2. Upon receipt of the above information, together with such other information as is requested by the Borough, the Supervisors shall determine whether or not it is in the best interest of the Borough to grant a franchise to the applicant. (Ord. 243, 4/6/1992, 12) 113. TERMINATION OF FRANCHISE. Upon revocation of the franchise by the Borough, or at the end of the term of a franchise, grantee shall remove all of its equipment and other facilities from the Borough within a reasonable time, and shall restore as nearly as possible all public and private property affected thereby to the condition it was in prior to the installation of such equipment and facilities by said company. (Ord. 243, 4/6/1992, 13) 114. ASSIGNMENT. No assignment of any franchise shall be permitted unless approved by the Borough. (Ord. 243, 4/6/1992, 14)

11 (13, PART 1B) B. Granting of Franchise GRANTING OF FRANCHISE. The Borough of Cleona does hereby grant unto Lebanon Valley Cable TV (t/a Time Warner Entertainment Co., L.P.) a Cable TV Franchise to operate cable television within the Borough of Cleona under all applicable Borough ordinances, this Part 1B, rules and regulations adopted by this Borough and State and Federal statutes and regulations. (Res , 12/2/1996, 1) 122. TERM OF FRANCHISE. The granting of this franchise shall be for a term of 10 years from August 1, 1996, unless terminated previously by any of the following: A. Mutual termination by the Borough and the franchisee. B. Termination of the Cable TV operation of the franchisee. C. Termination by the Borough under the applicable provisions of law. (Res , 12/2/1996, 2) 123. FRANCHISE FEE. The herein named franchise shall pay to the Borough of Cleona an annual franchise fee of 5% percent of all gross receipts of the franchisee's business operation within the Borough of Cleona, with the exception of those revenues exempted by the Borough as provided in Exhibit A. 1 The franchise fees shall become effective with the billing of Lebanon Valley Cable TV in December of 1996, and the fees shall be paid to the Borough of Cleona quarterly on April 1, July 1, October 1 and December 15 of each year. The franchise fee may be changed during the term of this franchise; provided that: (A) the Borough shall give 90 days prior written notice to the franchise of any changes in the franchise fee; and (B) the franchise fee shall not exceed the amount permitted by law. (Res , 12/2/1996, 3) 'Editor's Note: Exhibit A is on file in the Borough office

12 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS 124. SALE OR ASSIGNMENT OF FRANCHISE. The herein named franchisee shall not be permitted to sell or assign the franchise granted herein without the written approval of the Borough of Cleona. (Res , 12/2/1996, 4)

13 (13, PART 1C) C. Transfer of Franchise TRANSFER OF FRANCHISE. The Franchise Authority hereby consents to the transfer of the franchise from Time Warner Entertainment Company L.P., to TCI Cablevision of Ohio, Inc., subject to the same terms and conditions. (Res , 1/4/1999, 1) 132. CONFIRMATION. The Franchise Authority confirms (A) the franchise was properly granted to franchisee, (B) the franchise is currently in full force and effect and will expire on January 1, 2007, subject to options in the franchise, if any, to extend such term, (C) the franchise supersedes all other agreements between franchisee and the Franchise Authority which constitutes or which, with the passage of time or the giving of notice or both, would constitute a default or breach under the franchise or would allow the Franchise Authority to cancel or terminate the rights thereunder except upon the expiration of the full term of the franchise. (Res , 1/4/1999, 2) 133. ACKNOWLEDGMENT. TCI Cablevision of Ohio, Inc., shall be required to acknowledge that it accepts the terms and conditions of the existing franchise. This Part 1C shall be deemed effective upon the date of closing of the exchange agreement (the "closing date"). (Res , 1/4/1999, 3) 134. RELEASE. The Franchise Authority releases franchisee, effective upon closing date, from all obligations and liabilities of the franchise that arise and accrue after the closing date; provided, that Transferee shall be responsible for any obligations and liabilities under the franchise that arise and accrue after the closing date. (Res , 1 /4/1999, 4)

14 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS 135. CONTINUING AGREEMENT. This Part 1C shall have the force of a continuing agreement with franchisee and transferee. The Franchise Authority shall not amend or otherwise alter this Part 1C without the consent of franchisee and transferee. (Res , 1/4/1999, 5)

15 (13, PART 2) PART 2 DROP-OFF SITES 201. LICENSE REQUIRED; FEES. 1. No person, partnership, firm, company, corporation, nonprofit corporation or other legal entity shall operate or maintain a drop-off site for personal property within the limits of the Borough of Cleona without first making application to the Council of the Borough of Cleona for the issuance of a license. Such application shall be in the form as established by the Council of the Borough and shall set forth the applicant's name, address, phone number, accurate description of the premises where the drop-off site is to be operated, the name and address of the owner of the property and, if different from the applicant, the applicant shall produce a lease or other written authorization from the property owner to operate the drop-off site. The applicant shall agree to comply with the conditions of the license, together with all other applicable rules, regulations and ordinances of the Borough. 2. The applicant shall pay to the Borough an annual license fee, in an amount to be established from time to time by resolution of Borough Council, which shall be due and payable to the Borough at the time of application. The period of the license shall be for a period of 1 year and shall be renewed by the applicant on an annual basis. If the license is issued during the calendar year, the fee shall be prorated. [Ord. 261] 3. Upon being satisfied that the applicant meets all of the applicable provisions of this Part, and any rules and regulations adopted by the Council of the Borough relating to this Part, the Borough will issue the applicant a license. (Ord. 247, 11/ 7/1994, Exhibit B; as amended by Ord. 261, 7/1/2002, 1) 202. APPLICABLE RULES AND REGULATIONS. In cases where the receptacle is in place for 12 consecutive hours, each applicant shall be bound by the following rules and regulations: A. A drop-off site shall only be operated and maintained within the Borough by the owner of the real estate or by someone who has written authorization from the owner of the real estate to operate the drop-off site. B. The owner of the real estate shall be a party to the license and shall be required to comply with any conditions of the license should the applicant fail to comply. C. The licensee shall place and maintain, in good condition, a receptacle of sufficient size to house all items that will be dropped off at the site. The size and description of the receptacle shall be described by the applicant in the application for the license, and the placement of the receptacle shall meet all other setback lines and other requirements of the Borough

16 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS D. The licensee shall not permit the deposit of garbage or refuse within or without the receptacle as these terms are defined in this Part of the Borough of Cleona. E. The licensee shall not permit any items to be deposited or stored outside the receptacle. F. The licensee shall remove all items from the receptacle on a weekly basis. G. The licensee shall keep the area surrounding the receptacle clean, and the receptacle shall be maintained by the licensee so that it is attractive and is not detrimental to the appearance of the surrounding area. (Ord. 247, 11/7/1994, Exhibit B) 203. LICENSEE POSTING BOND OR OTHER SECURITY. The Council of the Borough of Cleona shall require the licensee to post a bond or other security with the Borough in the amount of $500 for each receptacle to secure the Borough for any costs that it incurs by having to dispose of items inside or outside the receptacle by reason of the failure of the licensee to do so. This bond or security shall be required by the Council of the Borough at the time of application. (Ord. 247, 11/7/1994, Exhibit B) 204. TERMINATION OF LICENSE. 1. This license may be terminated by the Borough of Cleona upon any of the following occurrences: A. The failure of the licensee to post a bond or other security as required by the Borough. B. The failure of the licensee to comply with all requirements of the license, rules, regulations and ordinances of the Borough. C. The termination of the licensee's rights to use the property by the owner of the property 2. Upon such termination of the license, the licensee shall remove the receptacle within 7 days of the date of termination and shall remove all items that have been stored inside or outside the receptacle. (Ord. 247, 11/7/1994, Exhibit B)

17 (13, PART 2) 205. ADDITIONAL RULES AND REGULATIONS. The Council of the Borough of Cleona reserves the right to add additional rules and regulations by the adoption of a resolution of the Council of the Borough of Cleona. Upon such adoption, each licensee will be given a copy of the new rules and regulations. (Ord. 247, 11/7/1994, Exhibit B) 206. BOROUGH'S RIGHT TO REMOVE AND DISPOSE OF ITEMS. Should the licensee fail to remove any items that have been stored inside or outside the receptacle in violation of this Part or the rules and regulations applicable thereto, the Borough shall have the right to remove and dispose of the items and shall be entitled to collect from the licensee all fees and costs associated therewith. (Ord. 247, 11/7/1994, Exhibit B) 207. PENALTIES. Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not less than $50 nor more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. (Ord. 247, 11/7/1994, Exhibit B; as amended by Ord. 271, 7/1/2002, 1) 208. ENFORCEMENT REMEDIES. The Borough may take appropriate action at law or equity, civil or criminal, to enforce the provisions of the license, this Part, the rules and regulations applicable to this Part and this Part shall in no way restrict any remedies otherwise provided by law. The Borough shall specifically have the right to file a claim in assumpsit against the licensee for any and all costs that the Borough incurs by reason of having to remove and dispose of items that are not stored or removed in compliance with this Part or the rules and regulations applicable thereto. (Ord /7/1994, Exhibit B)

18 13-18

19 (13, PART 3) PART 3 CHARITABLE SOLICITATION 301. DEFINITIONS. CHARITABLE ORGANIZATION - any person, firm, group, partnership, corporation or association whose avowed purpose and object is to benefit, assist, aid and further the following causes: A. Philanthropy. B. Assistance to persons who are poor, impoverished, destitute, underprivileged, needy, diseased, injured, crippled, disabled, handicapped or in need of physical or mental rehabilitation. C. Churches, religious societies or other religious sects, groups or orders espousing spiritual and altruistic motives or conduct. D. The teaching of patriotism, or promoting relief and assistance to this nation's war veterans. E. Beneficial education of the mind or assistance to educational institutions. F. The protection, shelter and sustenance of animals. CHARITABLE SOLICITATION - seeking money donations, pledges thereof, or anything of value to benefit, assist, aid and further the cause of a charitable organization, either orally or by literature distribution. LITERATURE - books, pamphlets, handbills, tracts, cards, circulars, pictures, films, magazines, or any other written or printed material. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1) 302. PERMITS. It shall be unlawful for any charitable organization to solicit funds, as defined in 301 of this Part, within the limits of the Borough of Cleona, without first applying for and obtaining a permit therefor and wearing at all times an identification card as provided herein. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1)

20 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS 303. APPLICATIONS. 1. A sworn application in writing for a permit under this Part must be filed in duplicate with the Chief of Police at least 3 days in advance of the first day sought for solicitation on a form to be furnished by the Borough, and shall state: A. The full name and address (legal and local) of the person or organization sponsoring, conducting or promoting the fund drive. B. Whether or not the applicant is a branch or division of a national organization, and if so the name thereof, and the mailing and street address of same. C. The purpose or object of the charitable solicitation. D. The dates of the solicitation. E. The number of persons to participate in the solicitation and the true legal name and address of each, and the sex, height, color of hair and eyes of each. F. A statement as to whether any person who will participate in the solicitation has ever been convicted of engaging in a fraudulent transaction or enterprise, a felony or other criminal offense involving moral turpitude. 2. No fee shall be required for the filing of the application. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1) 304. REASONS FOR REFUSAL OF PERMIT. The application shall be registered in a book called the Registry Book. The application shall be granted and the permit issued within 48 hours after the application has been filed unless, upon investigation by Chief of Police, one or more of the following facts are found to exist: A. That one or more of the statements in the application is not true. B. That the applicant or any agent or representative of the applicant who will participate under the permit has been convicted of engaging in a fraudulent transaction or enterprise, a felony or other criminal offense involving moral turpitude, in which case the permit shall be denied to the applicant or to the agent or representative so convicted. C. When the applicant or any agent or representative of the applicant who will participate under the permit has previously violated any of the terms and provisions of this Part or any prior permit issued thereunder. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1)

21 (13, PART 3) 305. CANCELLATION OF PERMITS. Any permit granted hereunder may be canceled after issuance if any of the reasons for prior refusal should be discovered or become apparent during the solicitation period. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1) 306. PERMITS FOR CHARITABLE LITERATURE DISTRIBUTION. It shall be unlawful for a charitable organization to distribute literature or any other article within the limits of the Borough of Cleona, whether or not solicitation for money or anything of monetary value is involved, without first applying for and obtaining permit in accordance with 303 through 305 set forth above for charitable solicitation. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1) 307. APPEALS. Within 10 days after notice of the action has been mailed and hand delivered, the applicant shall notify the Chief of Police in writing of his intent to contest said action. Within 30 days after receipt of said notice to contest, the Borough Council shall hold a hearing on the appeal petition and render a decision or may institute a proceeding for temporary, preliminary and permanent injunction to restrain the denied solicitation or distribution in a court of competent jurisdiction, which action shall be governed by the applicable rules of procedure and the time limits thereunder. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1) 308. ISSUANCE OF PERMITS. Upon issuance of a permit, the Chief of Police shall note his/her approval in the Registry Book and shall, at the point, issue to the applicant or any agent or representative of the applicant who will participate under the permit, an identification card, which card shall state the applicant's name, address, sex, height, color of hair and eyes and full name of the charitable organization which he or she represents. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1) 309. TIME, LOCATION, MANNER AND NUMBER OF PERSONS INVOLVED. When permits for charitable solicitation or charitable literature distribution or combination of the two are granted, the following rules and standards shall apply:

22 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS A. Location. Such permits shall be restricted to public areas of the Borough and shall not be construed as permission by any private property owner to conduct said activity on private premises. B. Time. Permit holders shall be restricted to the hours of 9 a.m. to 9 p.m., on the days of operation. C. Manner of Operation. (1) Each person included in a permit shall wear the identification card issued by the Borough on the upper clothing and in a manner clearly visible to the public. It shall not be transferred to another person and must be returned to the Chief of Police at the expiration of the permit. (2) Each person included in a permit shall not initiate any physical contact with prospective donors unless said donor has either consented to such contact or agreed to make a contribution. (3) Permittees are at all times subject to all laws, statutes and ordinances, Federal, State or local, regarding fraud assault, battery, theft, littering and any other law relating to the conduct of persons in public places. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1) 310. DURATION AND RENEWAL. A permit shall expire after 30 days from the date of issuance. A permit may be renewed for successive 30 day intervals if written request for the same is received by the Chief of Police within the period of 10 days prior to the expiration date and the request for renewal contains a statement that the request is predicated on the same information as contained in the original application. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1) 311. PENALTIES. Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term" not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. (Res , 12/3/1990; as revised by Ord. 261, 7/1/2002, 1)

23 (13, PART 4) PART 4 TRANSIENT RETAIL MERCHANTS 401. DEFINITIONS. 1. As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context: LEGAL HOLIDAY - New Year's Day, Martin Luther King Day, Easter, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas. PERSON - any natural person, partnership, association, corporation or other legal entity. TRANSIENT RETAIL BUSINESS - A. Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares, or merchandise upon any street, alley, sidewalk or public ground, or from house to house, within the Borough of Cleona; or, B. Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough of Cleona, on a temporary basis, which shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for yearly holidays. 2. The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter. (Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, 1) 402. LICENSE REQUIRED; CONDITIONS OF ISSUANCE; FEE. No person shall engage in any transient retail business within the Borough of Cleona without first having obtained from the Chief of Police a license, for which a fee, which shall be for the use of the Borough, shall be charged, said fee to be in such amount established, from time to time, by resolution of the Borough Council. (Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, 1) 403. EXCEPTIONS. 1. No license fee shall be charged: A. To farmers selling their own produce.

24 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS B. For the sale of goods, wares and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose. C. To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products. D. To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations. E. To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania. F. To a person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania. G. For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business. 2. But all persons exempted hereby from the payment of the license fee shall be required to register with the Chief of Police and obtain a license without fee; provided, any person dealing in one or more of the above mentioned exempted categories, and dealing with other goods, wares or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this Section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories. Provided, further, the Chief of Police may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares or merchandise for the sole benefit of a nonprofit corporation. Provided, further, every license issued under the provisions of this Part shall be issued on an individual basis to any person or persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants. (Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, 1) 404. LICENSE APPLICATION. Every person desiring a license under this Part shall first make application to the Chief of Police for such license. He shall, when making such application, exhibit a valid license from any State or County officer, if such license is also required. The applicant shall state: A. His criminal record, if any. B. Name and address of the person by whom he is employed.

25 (13, PART 4) C. Type of goods, wares and merchandise he wishes to deal within such transient retail business. D. Length of time for which license is to be issued. E. Type and license number of the vehicle to be used, if any (Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, 1) 405. ISSUANCE OF LICENSE; CUSTODY, DISPLAY AND EXHIBIT. Upon receipt of such application and the prescribed fee, the Chief of Police, if he shall find such application in order, shall issue the license required under this Part. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person if engaged in transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, municipal officials and citizens or residents of the Borough of Cleona. (Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, 1) 406. PROHIBITED ACT. No person in any transient retail business shall: A. Sell any product or type of product not mentioned in his license. B. Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough. C. When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity. D. Park a vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise. E. Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9 a.m. or after 5 p.m. on any day of the week other than a Sunday or legal holiday. (Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, 1)

26 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS 407. SUPERVISION; RECORDS AND REPORTS. The Chief of Police shall supervise the activities of all persons holding licenses under this Part. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council. (Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, 1) 408. DENIAL, SUSPENSION AND REVOCATION OF LICENSE; APPEAL. The Chief of Police is hereby authorized to deny, suspend or revoke any license issued under this Part when he deems such denial, suspension or revocation to be beneficial to the public health, safety or morals, or for violation of any provision of this Part or for giving false information upon an application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Borough Council at any time within 10 days after such suspension, revocation or denial and a hearing shall be held within 30 days of the petition for appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked. (Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, 1) 409. PENALTIES. Any person, film or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. (Ord. 143, 6/3/1968; as revised by Ord. 261, 7/1/2002, 1)

27 (13, PART 5) PART 5 UTILITY POLES 501. PERMIT TO ERECT, MOVE OR REPLACE. Upon application by any public utility company to the Director of Streets, Highways and Public Improvements to erect, move or replace any telegraph, telephone, electric light, power or other pole in or upon any of the streets or right-of-way within the Borough of Cleona, the Borough Council shall have the authority to issue a license to such applicant, upon the payment of a fee in an amount as established from time to time by resolution of Borough Council, for such work with such conditions and modifications as it may deem fit to impose. The Borough may utilize such pole, if necessary (Ord. 166, 11/1/1971, 1; as amended by Ord. 261, 7/1/2002, 1)

28 13-28

29 (13, PART 6) PART 6 GARAGE AND YARD SALES 601. TITLE. This Part shall be known and cited as "Garage and Yard Sale Permit Ordinance." (Ord. 261, 7/1/2002, 1) 602. PURPOSE. These rules and regulations are designed to control and restrict garage and yard sales in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences, only, in keeping with the character of the neighborhood where this activity is carried on in compliance with the Zoning Ordinance of the Borough of Cleona [Chapter 27]. The intent of this Part is to eliminate perpetual, prolonged and extended garage and yard sales in residential areas. Such sales if continued indefinitely tend to become retail businesses in residential areas and zones, create a nuisance and often violate the zoning regulations of the Borough. The provisions of this Part arise from the need to limit, regulate, restrict and control garage and yard sales. It is not the intent of this Part to change or amend the Zoning Ordinance [Chapter 27], Transient Retail Merchant Ordinance [Part 4] and/or any other ordinances of the Borough of Cleona. (Ord. 261, 7/1/2002, 1) 603. DEFINITIONS. As used in this Part, the following terms shall have the meanings indicated: GARAGE SALES - (1) The sale or offering for sale of new, used or secondhand items of personal property at any one residential premises at any one time. (2) Includes all sales in residential areas entitled "garage sales," "yard sales," "tag sale," "porch sale," "lawn sale," "attic sale," 'basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property. GOODS - any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder. PERSONS - individuals, partnerships, family groups, voluntary associations and corporations.

30 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS MUNICIPALITY - all residential dwellings located within any type of zone, zoned area, zoning district, whether or not said areas or zones are residential, business, commercial or otherwise, within the geographic boundaries of the Borough of Cleona. (Ord. 261, 7/1/2002, 1) 604. YEARLY LIMIT ON GARAGE AND YARD SALES. It shall be unlawful for any business to conduct in excess of five garage and yard sales within the geographical boundaries of the Borough of Cleona during any calendar year. (Ord. 261, 7/1/2002, 1) 605. EXEMPTIONS. This Part shall not be applicable to: A. Persons selling goods pursuant to an order of process of a court of competent jurisdiction. B. Persons acting in accordance with their powers and duties as public officials. C. Any publisher of a newspaper, magazine or other publication or other communications media who publishes or broadcasts anything in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this Part have not been met. D. Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the Borough of Cleona with or without the protection of the nonconforming use section of the zoning laws, or any sale conducted by any other vendor or dealer when the sale is conducted in a properly zoned area and not otherwise prohibited by laws of the Commonwealth of Pennsylvania and ordinances of the Borough including this Part. E. Any public auction having a duration of no more than 2 days and conducted by an auctioneer, licensed by the Commonwealth of Pennsylvania. (Ord. 261, 7/1/2002, 1)

31 (13, PART 6) 606. PENALTIES. Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than S600.00, plus costs and, in default of payment of said fine and costs, to a term of imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. (Ord. 261, 7/1/2002, 1)

32 13-32

33 (13, PART 7) PART 7 POLITICAL SIGNS 701. REGULATIONS. All political signs promoting or endorsing a candidate for political office shall meet the following requirements: A. Political signs shall not be placed on private property without having first having obtained the consent of the owner of the property. B. The political signs shall not be placed on the property more than 60 days prior to the applicable election. C. All political signs shall be removed from the property within 7 days of the election. (Ord. 261, 7/1/2002, 1) 702. PENALTIES FOR VIOLATION. Any person who violates any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. (Ord. 261, 7/1/2002, 1)

34 13-34

35 (13, PART 8) PART 8 HOUSING 801. PURPOSES AND FINDINGS. 1. Purposes. In order to protect and promote the public health, safety, and welfare of the citizens of Cleona Borough, it is the purpose of this Part to establish procedures for registration of residential rental units located within Cleona Borough, by requiring owners and/or managers to obtain a Borough-issued license, to renew the license annually, as a means to gather information about residential rental units, and to monitor trends relating to residential rental units within Cleona Borough, and to establish penalties for violations. 2. Findings. A. The Cleona Borough Council desires to learn the location of each residential rental unit, and its ownership, within Cleona Borough. B. The Cleona Borough Council desires to learn the number of tenants residing within each residential rental unit within Cleona Borough. C. The Cleona Borough Council desires to learn the density of residential rental units within the various neighborhoods within Cleona Borough. D. The Cleona Borough Council desires to identify police, fire, emergency, and any other Cleona Borough responses to residential rental units within Cleona Borough. E. The Cleona Borough Council desires to establish a systematic registration process that will allow Cleona Borough to: (1) Identify the location of each residential rental unit within Cleona Borough. (2) Identify the ownership of each residential rental unit within Cleona Borough. (3) Identify the number of tenants residing in each residential rental unit within Cleona Borough. (4) Examine the density of residential rental units within the various neighborhoods within Cleona Borough. (5) Identify responses by police, fire, other emergency responders, and other Cleona Borough agents to residential rental units within Cleona Borough Supp. II; added 12/2/2013

36 LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS (6) The adoption of this Part is authorized by the Borough Code pursuant to 53 P.S et seq. (Ord. 292, 8/1/2011, I.A) 802. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Section: BOROUGH - Cleona Borough, Lebanon County, Pennsylvania. BOROUGH COUNCIL - Cleona Borough Council Members, Cleona Borough, Lebanon County, Pennsylvania. DWELLING UNIT - one or more rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities for one family. ENFORCEMENT OFFICER - any person specifically designated to enforce this Part by resolution of the Cleona Borough Council, the duly authorized representative(s) of such a person, and all police officers of the Cleona Borough Police Department. MANAGER - a person representing and acting on behalf of an owner. OCCUPANT - any person living and sleeping in a residential rental unit or having actual possession of said residential rental unit. OWNER - any person who holds record title and/or the equitable owner under an agreement of sale for property upon which a residential rental unit is erected or maintained. If more than one person owns the residential rental unit as joint tenants, tenants in common, tenants by the entireties, or tenants in copartnership, each such person shall be considered an owner and shall have all the duties of an owner under this Part. PERSON - a natural individual, unincorporated association, partnership, corporation, estate, trust or any other legally recognized entity, and each member of such partnership, and each officer of such other entity. POLICE - the Police Department of Cleona Borough, or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within Cleona Borough. Supp. II; added 12/2/