Second class township code, the




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Compiler's Note: Section 4 of Act 69 of 2015, which added Article XVII-A, provided that Act 69 shall not be construed to repeal or modify any township ordinance in effect on the effective date of Act 69 or affect any proceeding or enforcement of any township ordinance instituted prior to the effective date of Act 69.

 

Section 1701-A.  Definitions.



The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Uniform Construction Code."  The Uniform Construction Code adopted in accordance with the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act.

(1701-A added Nov. 24, 2015, P.L.427, No.69)

Section 1702-A.  Primacy of Uniform Construction Code.

(a)  General rule.--The Uniform Construction Code shall apply to the construction, alteration, repair and occupancy of all buildings and structures within a township.

(b)  Primacy.--This section and an ordinance, rule or regulation adopted under this section, including an ordinance exceeding the requirements of the Uniform Construction Code, shall not supersede or abrogate the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, and shall conform to and be construed and read in pari materia with the provisions of that act.

(1702-A added Nov. 24, 2015, P.L.427, No.69)

Section 1703-A.  Public nuisance.

A building, housing or property, or part of a building, housing or property erected, altered, extended, reconstructed, removed or maintained, contrary to a provision of an ordinance passed for a purpose specified in this article may be declared, by a court of law, a public nuisance, and may be abatable as such. However, a violation of the Uniform Construction Code or an ordinance that equals or exceeds the Uniform Construction Code shall be subject to the provisions of the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, and the regulations adopted thereunder by the Department of Labor and Industry relating to enforcement for noncompliance.

(1703-A added Nov. 24, 2015, P.L.427, No.69)

Section 1704-A.  Property maintenance code.

(a)  Property maintenance code.--Notwithstanding the primacy of the Uniform Construction Code, the township supervisors may enact a property maintenance ordinance, and they may incorporate a standard or nationally recognized property maintenance code, or a variation or change or part of the code, published and printed in book form, without incorporating the text of the code in the ordinance, or the supervisors may enact a standard or nationally recognized property maintenance code or a change or variation or part, as the ordinance. In either event, the proposed ordinance, or a brief summary of the proposed ordinance, shall be published not more than 60 days nor less than seven days before passage at least once in one newspaper circulating generally in the township. The notice shall state the time and place of the meeting and the particular nature of the ordinance to be considered. The notice shall also state where copies of the proposed ordinance and property maintenance code can be examined or obtained at cost. A property maintenance code adopted by reference need not be recorded in or attached to the ordinance book, but shall be deemed to have been legally recorded if the ordinance by which the code was adopted by reference shall have been recorded, with an accompanying notation stating where the full text of the code has been filed. The ordinance may provide for reasonable property fines and penalties for violations of the ordinance. The procedure under this section relating to the adoption of the ordinance may likewise be utilized in amending, supplementing or repealing a provision of the ordinance.

(b)  Code enforcement officers.--The township supervisors may appoint code enforcement officers who shall have the right to enter upon and inspect any premises, subject to constitutional standards, at reasonable hours and in a reasonable manner for the administration and enforcement of the township's property maintenance code. A fee payable to code enforcement officers under the ordinance shall be promptly paid by the township supervisors to the township treasurer for the use of the township.

(c)  Legal actions.--In addition to the penalties provided by the property maintenance ordinance, the township may institute appropriate actions or proceedings at law or in equity to prevent or restrain property maintenance violations.

(d)  Construction.--The powers of a township as provided in this section shall be in addition to, but not limited to, the powers provided in the act of November 26, 2008 (P.L.1672, No.135), known as the Abandoned and Blighted Property Conservatorship Act, 53 Pa.C.S. Ch. 61 (relating to neighborhood blight reclamation and revitalization) and 68 Pa.C.S. Ch. 21 (relating to land banks).

(1705-A added Nov. 24, 2015, P.L.427, No.69)

Section 1705-A.  Reserved powers.

If, as a result of legislative action or final order of court for which the time for appeal has expired and no appeal has been taken or from which there is no pending appeal, the Uniform Construction Code or a replacement code is no longer applicable in townships, the township supervisors may:

(1)  Enact and enforce ordinances to govern and regulate the construction, reconstruction, alteration, extension, repair, conversion, maintenance, use or occupation, and provide for the approval, inspection and enforcement of the ordinance as it relates to the property. The codes may be combined or separately enacted or combined with the property maintenance code. The township supervisors may adopt, amend or incorporate by reference any standard or nationally recognized code or any variations or changes or parts of the code as its ordinance in the manner provided in section 1704-A. The ordinance may provide for reasonable fines and penalties for violations of the ordinance.

(2)  Require that before construction, reconstruction, alteration, extension, repair or conversion of a building has begun, approval of the plans and specifications shall be secured.

(3)  Appoint building inspectors, housing inspectors, code enforcement officers, fire prevention inspectors, electrical inspectors and plumbing inspectors and fix their compensation. The inspectors shall have the right to enter upon, subject to constitutional standards, and inspect any premises at reasonable hours and in a reasonable manner, for the administration and enforcement of the township's adopted codes or ordinances incorporating standard or nationally recognized codes. A fee payable to an inspector under the ordinance shall be promptly paid by the township supervisors to the township treasurer for the use of the township.

(4)  In addition to the penalties provided by ordinances, institute appropriate actions or proceedings at law or in equity to prevent or restrain the unlawful construction, reconstruction, alteration, extension, repair, conversion, maintenance, use or occupation of property located within the township, to restrain, correct or abate the violation and to prevent the use or occupancy of the building, housing or structure.

(1705-A added Nov. 24, 2015, P.L.427, No.69)

 

ARTICLE XVIII



FIRE PREVENTION AND PROTECTION

 

Section 1801.  Authority of Board of Supervisors.--The board of supervisors may provide for fire protection within the township.



Section 1802.  Fire Hydrants and Water Supply.--(a)  The board of supervisors may place, replace, operate, maintain and repair or contract with water companies or municipal authorities for the placing, replacing, operating, maintaining and repairing of fire hydrants to water mains, maintaining pressures approved by fire insurance underwriters along highways, streets, roads and alleys within the township or provide for or acquire a water supply system equipped to supply sufficient water for the protection of property from fire. The moneys necessary for providing or acquiring these fire protection services may be obtained by one of the following methods:

(1)  The board of supervisors may annually assess the cost of fire protection by an equal assessment upon all property, whether or not exempt from taxation by existing law, within seven hundred and eighty feet of any fire hydrant based upon the assessment of property for county tax purposes.

(2)  The board of supervisors may annually assess the cost of fire protection by an equal assessment on all property, whether or not exempt from taxation under existing law, abutting upon highways, streets, roads and alleys within seven hundred and eighty feet of any fire hydrant in proportion to the number of feet the property abuts any water main or within seven hundred and eighty feet of any fire hydrant on the water main. The board of supervisors may provide for an equitable reduction from the frontage of lots at intersections or where, due to the irregular shape of lots, an assessment of the full frontage would be inequitable.

(3)  The board of supervisors may pay the cost for fire protection out of the general township fund. If the board of supervisors elects to pay the cost of fire protection services out of the general fund, any special fire protection districts and annual assessments shall be abolished. All moneys in the separate accounts for the special fire protection districts shall be paid into the general fund.

(b)  When assessments are made under this section, no assessment shall be made against any farmland or an airport which is privately owned and which is not open nor intended to be open to the public; but vacant lots between built-up sections, either tilled or not tilled, are not farmland.

(c)  All assessments for fire protection shall be collected by the tax collector under section 3301(a).

(d)  The assessment may be billed on the annual real estate tax bill for township purposes if authorized by the board of supervisors.

Section 1803.  Fire Companies, Facilities and Training.--(a)  The board of supervisors may appropriate moneys for the use of the township or to fire companies located in the township for the operation and maintenance of fire companies, for the purchase and maintenance of fire apparatus, for the construction, repair and maintenance of fire company houses, for training of fire company personnel and, as set forth in this section, for fire training schools or centers in order to secure fire protection for the inhabitants of the township. The fire companies shall submit to the board of supervisors an annual report of the use of the appropriated moneys for each completed year of the township before any further payments may be made to the fire companies for the current year.

(b)  The board of supervisors may by ordinance make rules and regulations for the government of fire companies which are located within the township and their officers.

(c)  The board of supervisors may contract with or make grants to near or adjacent municipal corporations or volunteer fire companies therein for fire protection in the township.

(d)  No volunteer fire company not in existence in the township before the effective date of this act may organize or operate unless the establishment or organization is approved by resolution of the board of supervisors.

(e)  The board of supervisors may annually appropriate funds to fire companies located within the township for the training of its personnel and to lawfully organized or incorporated county or regional firemen's associations or an entity created pursuant to the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, to establish, equip, maintain and operate fire training schools or centers for the purpose of giving instruction and practical training in the prevention, control and fighting of fire and related fire department emergencies to the members of fire departments and volunteer fire companies in any city, borough, town or township within this Commonwealth.

(1803 amended Dec. 18, 1996, P.L.1154, No.175)

Compiler's Note:  The act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, referred to in subsec. (e), was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

Section 1804.  Ponds, Dams or Impoundments for Fire Protection.--The board of supervisors may construct or contribute moneys for or participate in the construction of ponds, dams or other impoundments to provide water for fire protection for the township.

Section 1805.  Fire Prevention Code.--The board of supervisors may adopt any standard fire prevention code published and printed in book form as provided under this act for adopting standard codes.

Section 1806.  Prohibition of Fire-Producing Devices in Certain Retail Stores.--The board of supervisors may by ordinance prohibit the smoking or carrying of lighted cigarettes, cigars, pipes or matches and the use of matches or fire-producing devices in retail stores arranged to accommodate one hundred persons or more or which employ ten or more employes. Any ordinance passed under this section may not prohibit smoking in any restaurant room, rest room, beauty parlor, executive office or any shopping center area designated for smoking.

 

ARTICLE XIX



TOWNSHIP POLICE

 

Section 1901.  Creating or Disbanding Police Force.--The board of supervisors may by resolution create or disband a police force within the township or, upon the petition of not less than twenty-five registered electors or taxpayers of the township, appoint police officers.



Section 1902.  Appointment of Police.--The board of supervisors shall provide for the organization and supervision and determine the number and the compensation of the police officers. The position of police officer is incompatible with the office of supervisor, auditor, tax collector and manager. The chairman of the board of supervisors may swear in police officers. The board of supervisors may assign any police officer to undergo a course of training at any training school for police officers established or made available by the Federal or State Government and provide for payment of the officer's expenses while in attendance at the training school.

(1902 amended Nov. 29, 2006, P.L.1473, No.166)

 

Compiler's Note:  Section 9(2)(ii) of Act 167 of 2006 provided that section 1902 is repealed insofar as it is inconsistent with Act 167.

Compiler's Note:  Section 5 of Act 166 of 2006, which amended section 1902, provided that elected assessors in office in townships of the second class as of the effective date of section 5 shall serve the remainder of their unexpired terms. Thereafter, assessors shall neither be elected nor appointed.

Section 1903.  Contracts to Secure Police Service.--Any township may contract with any municipal corporation to secure the services within the township of the police of the municipal corporation. When any contract is made, the police officers of the employing municipal corporation have all the powers and authority conferred by law on police officers in the township which has contracted to secure police service.

Section 1904.  Contract to Provide Police Service.--Any township may contract with any municipal corporation to provide police services within the other municipal corporation. When a contract is made, the township police have all the powers and authority conferred by law on police in the municipal corporation which has contracted to secure police service.

Section 1905.  Powers.--Each township police officer has those powers and abilities as are granted to police officers under the laws of this Commonwealth or the rules of the Supreme Court or the ordinances of the township for which a fine or penalty is imposed unless otherwise excepted in this act.

Section 1906.  Shield.--Each police officer when on duty shall wear a shield or badge with the words "township police" and the name of the township inscribed thereon.

Section 1907.  Equipment.--The board of supervisors may provide each police officer with a uniform, equipment and means of transportation and the maintenance thereof.

Section 1908.  Lockups.--The board of supervisors may provide lockup facilities.

Section 1909.  Certain Compensation Prohibited.--No police officer may charge or accept any fee or other compensation in addition to the salary paid by the township for any service rendered or performed by the police officer, except public rewards.

Section 1910.  Police Pension Fund.--(a)  In those townships maintaining police forces of less than three full-time police officers, the board of supervisors may by ordinance or resolution establish a police pension fund or pension annuity into which each member of the police force may be required to pay a member contribution of an equal and proportionate charge which, except to the extent that section 607(c) of the act of December 18, 1984 (P.L.1005, No.205), known as the "Municipal Pension Plan Funding Standard and Recovery Act," applies, shall not exceed annually three percent of the pay of the member.

(b)  The fund shall be under the direction of the board of supervisors for the benefit of members of the police force who receive honorable discharge therefrom by reason of age or disability and the families of members who may be injured or killed in the service. Any allowances made to those who are retired by reason of disability or age shall be in conformity with a uniform scale.

(c)  The ordinance or resolution establishing the police pension fund shall prescribe a minimum period of continuous service of not less than twenty years, after which the members of the force may be retired from active duty. Township police officers so retired may be subject to service as police reserves until unfit for service by reason of age or disability, when they may be finally discharged.

(d)  The basis of the apportionment of the pension is determined by the rate of monthly pay of the member at the date of death, honorable discharge or retirement.

(e)  Payments made on account of police pensions are a charge on no fund of the township other than the police pension fund.

(f)  Townships shall make contributions to the police pension fund in an amount sufficient to meet the minimum obligation of the municipality with respect to the pension plan pursuant to the "Municipal Pension Plan Funding Standard and Recovery Act," and may take by gift, grant, devise or bequest any money or property in trust for the benefit of the police pension fund. The care, management, investment and disposal of trust funds or property is vested in the board of supervisors subject, whenever possible or practical, to any directions for administration which the donors of the funds and property may prescribe.

(g)  A person participating in the police pension fund and entitled to receive a benefit therefrom may not be deprived of his right to an equal and proportionate share therein except for the following causes: conviction of a crime or misdemeanor or failing to comply with some general regulation relating to the management of the fund, which may be made by ordinance or resolution and which provides that a failure to comply therewith terminates the right to participate in the pension fund after notice and hearing as it prescribes.

(h)  Police pension funds of townships with a police force of three or more full-time officers are governed by the act of May 29, 1956 (1955 P.L.1804, No.600), referred to as the Municipal Police Pension Law.

Section 1911.  Police Protection Districts.--On petition of a majority of the property owners of any territory within the township, the board of supervisors may designate the territory as a district for the purpose of providing police protection. The board of supervisors may annually assess the cost of the maintenance of the police protection by an equal assessment on all property benefited by the protection in proportion to the number of feet the property fronts on the street or highway or portion thereof to be protected. The board of supervisors may provide for an equitable reduction from the frontage of lots at intersections or where, due to the irregular shape of lots, an assessment of the full frontage would be inequitable. No assessment shall be made against any farmland, but vacant lots between built-up sections, whether tilled or not tilled, are not farmland. The assessment for each foot front against vacant lots shall be only twenty-five percent of the assessment for each foot front against property with improvements. All assessments for police protection shall be filed with the township tax collector under section 3301(a).

Section 1912.  Removal of Police Officers.--No person employed as a regular full-time police officer in any police department, except officers appointed for a probationary period of one year or less, shall be suspended, removed or reduced in rank except under the act of June 15, 1951 (P.L.586, No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class."

Section 1913.  Auxiliary Police.--The board of supervisors may confirm persons to serve as auxiliary police officers under the act of January 14, 1952 (1951 P.L.2016, No.561), entitled "An act providing for supplementing the police forces of cities, boroughs, towns and townships, for the appointment, powers and control of auxiliary police therein, and for the transfer during disasters and emergencies of such auxiliary police, members of the regular police forces, and police equipment thereof."

Section 1914.  Special Fire Police.--The board of supervisors may confirm any members of a volunteer fire company to serve as special fire police under the act of June 18, 1941 (P.L.137, No.74), entitled, as amended, "An act providing for the appointment, powers and control of members of volunteer fire companies as special fire police, and conferring powers on them at fires attended by their fire companies in any city, borough, town, township or home rule municipality." The chairman of the board of supervisors may swear in special fire police officers.

(1914 amended Dec. 18, 1996, P.L.1142, No.172)

Section 1915.  School Crossing Guards.--(a)  Upon request of the board of school directors of a school district located wholly or partially within the township, the board of supervisors by resolution may appoint school crossing guards to control and direct traffic at or near schools. The school crossing guards shall be in uniform and shall be authorized only in the management of traffic and pedestrians. School crossing guards serve at the pleasure of the board of supervisors, except as provided in subsection (c), and are not eligible to join any township pension fund. The board of supervisors shall determine the compensation of school crossing guards, to be paid by the township or jointly by the township and the school district in a ratio to be determined by the two boards. If the township and school district cannot determine the ratio of compensation to be paid by each board, each board shall pay one-half of the compensation of the school crossing guards.

(b)  The board of supervisors may create an educational service agency under section 402.1 of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the "Unemployment Compensation Law," to provide school crossing guards to one or more educational institutions in conjunction with the school district. The educational service agency shall serve as the agency for management and control of the school crossing guards.

(c)  The board of supervisors may approve an ordinance allowing a board of school directors to assume hiring and oversight of school crossing guards. Before the board of supervisors may approve such an ordinance, the board of directors of the school district shall approve a resolution requesting the authority to assume the hiring and oversight of school crossing guards. The ordinance shall outline how the police department will provide any necessary training and assistance of the school crossing guards while on duty. Such school crossing guards will be authorized only in the management of traffic and pedestrians in and around areas identified by the police department and the school district superintendent or his or her designees. The school crossing guards shall not come within the civil service provision of this act, nor shall they fall under the bargaining unit of the school district nor be considered an employe as defined under section 1101-A of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," or a school employee as defined under 24 Pa.C.S. § 8102 (relating to definitions) or under any plans hereafter effective. Once the ordinance receives approval by the board of supervisors, the school district shall assume the cost of compensation, including fixing such compensation, if any, of the school crossing guards. Auxiliary policemen, appointed as prescribed by general law, may be hired by the school district to serve as school crossing guards. The board of school directors shall notify the board of supervisors of those hired to serve as school crossing guards and request the necessary training or assistance be provided as outlined by the ordinance.

(1915 amended June 22, 2000, P.L.329, No.35)

 

ARTICLE XX



STREET LIGHTS

 

Section 2001.  Lighting.--The board of supervisors may light and illuminate the highways, roads and other public places of the township and remove, alter or improve lighting as may be appropriate and in the best interests of the township and make contracts for securing and maintaining a supply of light.



Section 2002.  Street Light Districts.--(a)  The board of supervisors may provide street lights and make regulations therefor within the township or within any district of the township established by the board of supervisors for that purpose.

(b)  Upon receipt of a petition signed by seventy percent of the property owners within any defined area of the township, the board of supervisors shall establish the defined area as a lighting district or include the defined area within an existing lighting district and shall provide public lighting within the area.

(c)  The board of supervisors may contract with electric, gas or other lighting companies to light and illuminate roads and highways and other public places with electric light, gas light or other illuminating substances.

Section 2003.  Costs.--(a)  The board of supervisors may pay for the cost of public lighting by any one or a combination of the following means, whether the installation of the lighting was initiated by action of the board of supervisors or by petition:

(1)  From the general fund.

(2)  Through uniform annual assessments made upon benefited properties on the foot-front basis.

(3)  By uniform annual assessment upon each property benefited.

(4)  By an equal assessment upon each property benefited, based upon the assessment for county tax purposes.

(5)  By any combination of the above methods or other equitable means of assessment as the board of supervisors may determine.

(b)  If public street lighting is currently in existence and is being paid for by a certain means or method, the board of supervisors may alter or amend the means of assessing the cost of the lighting.

(c)  Properties are subject to assessment for this purpose, whether or not the property is exempt from taxation by existing law.

(d)  If the foot-front method of assessment is used, the assessment shall be by equal assessment on all property in proportion to the number of feet the property fronts on the street or highway or portion thereof to be lighted. The board of supervisors may provide for an equitable reduction from the frontage of lots at intersections or where, due to the irregular shape of lots, an assessment of the full frontage would be inequitable. No assessment shall be made against any farmland, but vacant lots between built-up sections, whether tilled or not tilled, are not farmland. The assessment for each foot front against vacant lots shall be only twenty-five percent of the assessment for each foot front against property with improvements.

(e)  All annual assessments for street lights shall be filed with the township tax collector under section 3301(a). The assessment may be billed on the annual real estate tax bill for general township purposes if authorized by the board of supervisors.

 

ARTICLE XXI



SOLID WASTE COLLECTION AND DISPOSITION

 

Section 2101.  Accumulation of Ashes, Garbage, Solid Waste and Refuse Materials.--The board of supervisors in the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the "Solid Waste Management Act," and the act of July 28, 1988 (P.L.556, No.101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," may prohibit accumulations of ashes, garbage, solid waste and other refuse materials upon private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal thereof.



Section 2102.  Collection.--The board of supervisors may collect and remove, by contract or otherwise, ashes, garbage, solid waste and other refuse materials and recyclables and prescribe penalties for the enforcement thereof. Any contract with refuse haulers may be made for a period not exceeding five years. This limitation does not apply to contracts with any other county or municipal corporation.

Section 2103.  Disposal.--The board of supervisors may dispose of, by contract or otherwise, ashes, garbage, solid waste and other refuse materials. Any contract with the owner of a private facility for the disposal or incineration of ashes, garbage, solid waste and other refuse materials may be made for a period not exceeding twenty years. This limitation does not apply to contracts with any county or municipal corporation.

Section 2104.  Acquisition of Land.--The board of supervisors may acquire any real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the township, including equipment, either separately or jointly, with any county or municipal corporation in order to provide for the destruction, collection, removal and disposal of ashes, garbage, solid waste or other refuse materials, for the collection and storage of recyclable materials or for the composting of leaf and yard waste. The board of supervisors may provide for the payment of the cost thereof out of the funds of the township. The board of supervisors may acquire land for landfill purposes, either amicably or by exercising the power of eminent domain, and maintain lands and places for the dumping of ashes, garbage, solid waste and other refuse materials.

Section 2105.  Charge for Services.--The board of supervisors may establish, alter, charge and collect rates and other charges for the collection, removal and disposal of ashes, garbage, solid waste, other refuse materials and recyclable materials, and the costs of including the payment of any indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of any facilities therefor, and the amount due under any contract with any county or municipal corporation furnishing the services or facilities.

Section 2106.  Appropriations.--The board of supervisors may make appropriations to any county or municipal corporation for the construction, purchase, improvement, repair, maintenance and operation of any facilities for the collection, removal, disposal or marketing of ashes, garbage, solid waste, other refuse materials, recyclable materials or composted leaf and yard waste.

Section 2107.  Refuse Collection District.--On petition of a majority of the owners, occupants or tenants of any territory inside the township which is definitely defined, set apart and limited by the board of supervisors as a refuse collection district, either with township employes and facilities or with independent contractors, the board of supervisors may provide for the removal from the refuse collection district of ashes, garbage, solid waste or other refuse materials and for the disposal thereof, including the collection and marketing of recyclable materials. The board of supervisors may levy an assessment upon all owners, occupants or tenants of the district sufficient to defray the cost of the removal, disposal or marketing under section 3301(b).

Section 2108.  Exclusion from Bidding Requirements.--A township shall not be subject to requirements otherwise imposed by law for the sale of personal property owned by the township when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding."

 

ARTICLE XXII



PARKS, RECREATION CENTERS AND FORESTS

 

Section 2201.  Acquisition of Lands and Buildings.--The board of supervisors may designate lands or buildings owned, leased or controlled by the township for use as parks, playgrounds, playfields, gymnasiums, swimming pools, indoor recreation centers, public parks and other recreation areas and facilities and acquire lands or buildings by lease, gift, devise, purchase or by the exercise of the right of eminent domain for recreational purposes and construct and equip facilities for recreational purposes.



Section 2202.  Recreation Facilities Employes.--The board of supervisors may employ persons to maintain the recreation facilities or supervise the use of the recreation facilities.

Section 2203.  Regulation of Parks and Public Amusements.--(a)  The board of supervisors may by ordinance regulate the use and enjoyment by the public of any park or recreation grounds owned and operated by the township or charitable organizations for the use of the public.

(b)  The board of supervisors may prescribe rules for the use by the public of parks and recreation grounds and the facilities and amusements connected therewith and post the rules at conspicuous places in the parks or recreation grounds. Any person who violates the rules commits a summary offense.

(c)  The board of supervisors may by ordinance not inconsistent with State law and regulations regulate the time of opening and closing and the conduct of places of public entertainment, amusement and recreation.

(d)  The board of supervisors may by ordinance or resolution appropriate funds for recreation programs not directly sponsored by the township.

Section 2204.  Creation of Recreation Boards.--(a)  The board of supervisors may by ordinance create a recreation board to supervise, regulate, equip and maintain township-funded recreation programs and facilities. The recreation board has only those powers specifically delegated to it by the board of supervisors.

(b)  Recreation boards, when established, shall consist of five, seven or nine persons. The members shall be appointed by the board of supervisors and shall serve for terms of five years or until their successors are appointed, except that the members first appointed shall be appointed so that the terms of not more than two members expire annually. Members shall serve without pay but may be reimbursed by the township for all expenses incurred in performing their duties. All persons appointed shall serve their full terms unless voluntarily resigned or removed by the board of supervisors for dereliction or neglect of duty. Vacancies occurring other than by expiration of term shall be for the unexpired term and shall be filled in the same manner as original appointments.

(c)  The members of a recreation board shall elect a chairman and secretary and select all other necessary officers to serve for a period of one year. The recreation board may adopt rules and regulations for the conduct of all business within its jurisdiction and exercise powers and functions concerning parks and recreation facilities as may be delegated to it by the board of supervisors. The recreation board shall submit an annual report to the board of supervisors, including an analysis of the adequacy and effectiveness of community recreation areas, facilities and leadership.

(2204 amended Nov. 19, 2004, P.L.843, No.106)

Section 2205.  Joint Ownership and Maintenance.--The board of supervisors may join with any one or more municipal corporations, counties or school districts to acquire, create, equip, maintain and operate any park or recreation area to serve residents of the township under the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law.

 

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