Table of Contents

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CHAPTER 1: GENERAL PROVISIONS

CHAPTER 15: INTERMUNICIPAL AGREEMENTS

CHAPTER 32: PENSIONS

CHAPTER 39: PLANNING COMMISSION

CHAPTER 48: SALARIES AND COMPENSATION

CHAPTER 55: SHADE TREE COMMISSION

CHAPTER 72: ALCOHOLIC BEVERAGES

CHAPTER 78: ANIMALS

CHAPTER 92: BUILDINGS, DANGEROUS

CHAPTER 94: BURNING, OPEN

CHAPTER 99: CONSTRUCTION CODES, UNIFORM

CHAPTER 1:

GENERAL PROVISIONS

ARTICLE I : Adoption of Code

§ 1-1. The “Code of Ordinances, Borough of Newport,” as prepared and published for the said Borough by General Code is hereby adopted as a reorganization, revision and restatement of the codification of the Code of Ordinances first being adopted by the Borough on April 9, 1985, by Ordinance No. 238. The text of the body of all administrative and general legislation inclusive of penal ordinances of the Borough are respectively contained in Part I and Part II in the hereinafter stated chapters as follows:

Chapter 1 – General Provisions

§ 1-2. The reorganization, revision and restatement of the codification referred to in § 1-1 of this ordinance of the Code of Ordinances shall be known and cited officially as the “Borough of Newport Code of Ordinances,” and all future ordinances shall make reference thereto. This ordinance shall become effective immediately and publication of notice of final enactment shall be provided as required by law.

Ord. No. 368

CHAPTER 15:

INTERMUNICIPAL AGREEMENTS

[HISTORY: Adopted by the Borough Council of the Borough of Newport as indicated in article histories. Amendments noted where applicable.]
Article I. Perry County Council of Governments

[Adopted 4-1-2003 by Ord. No. 313]
§ 15-1. Consent to join.
[Amended 1-8-2013 by Ord. No. 348] The governing body hereby consents to joining the Perry County Council of Governments, an intergovernmental organization formed under the provisions of the Intergovernmental Cooperation Act (53 Pa.C.S.A. § 2301 et seq.) for the purpose of providing various services, including but not limited to building code enforcement.

§ 15-2. Execution of agreement.
The governing body of the Borough of Newport does hereby direct the officers of the Borough to execute an agreement with such other municipalities as a desire to enter into an agreement to accomplish the purposes as set forth herein. The agreement shall provide, inter alia, for the following:

  1. The intergovernmental organization shall provide initially for a building codes program and may provide for such other services and programs as it deems appropriate in the future.
  2. The term of the intergovernmental organization and the agreement shall be perpetual subject to the right to terminate upon at least 12 months’ notice.

  3. The intergovernmental organization shall have all the powers necessary to accomplish the intent of the agreement.

  4. The intergovernmental organization shall be supported by contributions from its members, grants, and fees for services.

  5. A Board of Directors, Officers, and an Executive Committee shall govern the intergovernmental organization.

  6. Real and personal property may be purchased, sold, or leased by the intergovernmental organization, in accordance with applicable law.

  7. The intergovernmental organization shall have the power and authority to enter into contracts for group insurance and employee benefits.

§ 15-3. Entrance into contracts.
The governing body of the Borough of Newport is hereby authorized to enter into contracts with the Perry County Council of Governments to provide such services and programs as the governing body shall, by resolution, determine from time to time.
Article II. Regional Emergency Management Agency

[Adopted 6-3-2003 by Ord. No. 315]
§ 15-4. Title.
This article shall be known as the “Newport Borough Regional Emergency Management Agency Ordinance.”

§ 15-5. Parties of agreement.
The Borough of Newport hereby resolves to enter into an intergovernmental cooperation agreement with other boroughs and townships of Perry County that have enacted a similar ordinance and such other municipalities as would desire to enter into an intergovernmental agreement in the future, whereby a Perry County Regional Emergency Management Agency will be created, hereinafter referred to as the “Regional Emergency Management Agency.”

§ 15-6. Purpose.
The purpose of the Regional Emergency Management Agency is to function as the emergency management agency for each of the respective municipalities, in accordance with the Emergency Management Services Code. Editor’s Note: See 35 Pa.C.S.A. § 7101 et seq.

§ 15-7. Conditions and agreement.
The conditions of the intergovernmental cooperation agreement to be entered into between the participating municipalities and the County are generally as follows:

  1. The municipalities agree that they shall take steps to assure the formation of the Regional Emergency Management Agency, said organization to be responsible for functioning as the Emergency Management Agency in each of the municipalities, and they shall adopt and declare the County Emergency Operations Plan to be the emergency operations plan of each of their municipalities for the purpose of fulfilling the requirements in Subsection 7503(1) of the Emergency Management Services Code Editor’s Note: See 35 Pa.C.S.A. § 7503(1). to prepare, maintain and keep current a disaster emergency management plan for each of their municipalities.
  2. Each municipality shall appoint two individuals to serve as members of the Regional Emergency Management Agency, which will have planning and resource development responsibilities for emergency operations within the territorial limits of the municipalities that have formed the Regional Emergency Management Agency. Actions taken by the Regional Emergency Management Agency must be ratified by the individual municipality governing bodies, as provided within the EMS Code.
  3. The Regional Emergency Management Agency will recommend one of the individuals named to the Agency to serve as the Regional Emergency Management Coordinator and another to serve as Deputy Emergency Management Coordinator of the Regional Emergency Management Agency, with responsibility for operational control of emergency response operations within the territorial limits of the municipalities that have formed the Regional Emergency Management Agency. The Regional Emergency Management Coordinator will be subject to the direction and control of the elected officials of the municipality affected by the emergency situation. In no case, however, shall the Regional Emergency Management Coordinator and his/her Deputy be from the same municipality. If two or more municipalities are affected by the same emergency situation, the Regional Emergency Management Coordinator shall be subject to the direction and control of the elected officials of the municipalities affected by the emergency situation.
  4. Each municipality may provide reimbursement to the Regional Emergency Management Agency for the costs incurred during the printing and reproduction of the Regional Emergency Operations Plan, Municipal Emergency Operations Plans, Notification and Resource Manuals, and Emergency Response Checklists.
  5. The Perry County Regional Emergency Management Agency shall be empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees.
  6. Each municipality shall be a member of the Regional Emergency Management Agency for a term of at least five years. At the end of this period of time, any municipality may withdraw from the Perry County Regional Emergency Management Agency after providing: 30 days’ written notice to the other member municipalities; and acceptance by the Regional Director of Emergency Services of a standalone emergency operations plan for that municipality. The establishing intergovernmental cooperation agreement, however, shall continue to exist among the remaining municipalities.
  7. Real and personal property may be acquired, managed, licensed or disposed of by the Regional Emergency Management Agency in accordance with applicable law.[Added 1-8-2013 by Ord. No. 348]

§ 15-8. Registration with county.
A copy of this article shall be filed with the Regional Emergency Management Agency and shall remain in effect unless amended. Any amendments shall also be filed with the Regional Emergency Management Coordinator.

CHAPTER 32:

PENSIONS

[HISTORY: Adopted by the Borough Council of the Borough of Newport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 48.
Article I. Police Pension Plan

[Adopted 3-6-2007 by Ord. No. 327]

§ 32-1. Election to change benefits.
Newport Borough, being a member municipality of the Pennsylvania Municipal Retirement System, hereby elects to change its police pension benefits in that System as authorized by the Pennsylvania Municipal Retirement Law, Act 15 of 1974, Editor’s Note: See 53 P.S. § 881.101 et seq. as amended, and does hereby agree to be bound by all the requirements and provisions of said law, and to assume all obligations, financial and otherwise, placed upon member municipalities. All references hereafter shall be based on benefits negotiated between the Board and the municipality under the provisions of Article IV of the Pennsylvania Municipal Retirement Law. Editor’s Note: See 53 P.S. § 881.401 et seq.

§ 32-2. Membership in system mandatory.
Membership in the Pennsylvania Municipal Retirement System shall be mandatory for all full-time police officers of the Borough. Membership for elected officials and employees hired on a temporary or seasonal basis is prohibited, as is membership for individuals paid only on a fee basis.

§ 32-3. Credit for service; benefit accrual.
Credit for prior service for original members is granted for each year or partial year thereof that the member was employed by the Borough from original date of hire or the expiration of the member’s probationary period if one so existed. Benefits provided to members in the agreement dated March 6, 2007, shall accrue based on all credited services granted and earned in accordance with this section.

§ 32-4. Payment for obligations.
Payment for any obligation established by the adoption of this article and the agreement between the System and Newport Borough shall be made by the Borough accordance with the Pennsylvania Municipal Retirement Law and Act 205 of 1984, the Municipal Pension Plan Funding Standard and Recovery Act. Editor’s Note: See 53 P.S. § 895.101 et seq. Editor’s Note: The agreement between the System and Newport Borough is on file in the Borough offices.

§ 32-5. Provision of benefits; acceptance of financial obligations.
As part of this article, the Borough agrees that the System shall provide the benefits set forth in the agreement between the Board and Newport Borough, dated March 6, 2007. The passage and adoption of this article by Newport Borough is an official acceptance of said agreement and the financial obligations resulting from the administration of said benefit package. Newport Borough hereby assumes all liability for any unfundedness created or which may be created due to the acceptance of the benefit structure outlined in the above referenced agreement.

§ 32-6. Effect on other provisions; when effective.
Newport Borough intends this article to be the complete authorization of the Borough’s Police Pension Plan and it shall become effective and specifically repeal the ordinance dated November 4, 1987, either immediately or on January 1, 2007, which is the effective date of the amended agreement dated March 6, 2007, between the Pennsylvania Municipal Retirement System and Newport Borough, whichever is later.

§ 32-7. Filing of copy.
A duly certified copy of this article and the referenced agreement shall be filed with the Pennsylvania Municipal Retirement System of the Commonwealth of Pennsylvania. Membership for the Police Pension Plan of Newport Borough with the revised plan structure reflected in the agreement dated March 6, 2007, effective the first day of January 2007.
Article II. Nonuniformed Employees Pension Plan

[Adopted 12-28-2011 by Ord. No. 345]
§ 32-8. Election to amend plan.
Newport Borough (the Borough), being a member municipality of the Pennsylvania Municipal Retirement System (the System), hereby elects to amend its Municipal Pension Plan administered by the System in accordance with Article IV of the Pennsylvania Municipal Retirement Law, 53 P.S. § 881.101 et seq. (Retirement Law), and does hereby agree to be bound by all the requirements and provisions of the Retirement Law and the Municipal Pension Plan Funding Standard and Recovery Act, 53 P.S. § 895.101 et seq., and to assume all obligations, financial and otherwise, placed upon member municipalities.

§ 32-9. Administration of benefits.
As part of this article, the Borough agrees that the System shall administer and provide the benefits set forth in the amended Municipal Pension Plan Contract entered into between the Pennsylvania Municipal Retirement Board and the Borough effective January 1, 2012 (the Contract).

§ 32-10. Acceptance of contract and financial obligations.
The passage and adoption of this article by the Borough is an official acceptance of the Contract and the financial obligations resulting from the administration of the Contract.

§ 32-11. Obligation; liability.
Payment for any obligation established by the adoption of this article and the Contract shall be made by the Borough in accordance with the Retirement Law and the Municipal Pension Plan Funding Standard and Recovery Act. The Borough hereby assumes all liability for any unfundedness created due to the benefit structure set forth in the Contract.

§ 32-12. Authorization of contract; repealer.
The Borough intends this article to be the complete authorization of the Contract and it shall become effective and specifically repeal Ordinance Number 302 and Resolution 6-11 either immediately or on January 1, 2012, which is the effective date of the Contract, whichever is later.

§ 32-13. Filing of copy.
A duly certified copy of this article and an executed Contract shall be filed with the System.

CHAPTER 39:

PLANNING COMMISSION

[HISTORY: Adopted by the Borough Council of the Borough of Newport 6-7-1994 by Ord. No. 280 (Ch. 1, Part 4, of the 1985 Code). Amendments noted where applicable.]

GENERAL REFERENCES
Shade Tree Commission — See Ch. 55.
Uniform construction codes — See Ch. 99.
Subdivision and land development — See Ch. 222.
Zoning — See Ch. 250.

§ 39-1. Establishment of Commission.
Pursuant to Act No. 170 of 1988 of the General Assembly of the Commonwealth of Pennsylvania, known as the “Pennsylvania Municipalities Planning Code,” Editor’s Note: See 53 P.S. § 10101 et seq. a Planning Commission is hereby established and created for the Borough of Newport.

§ 39-2. Shade Tree Commission to be included.
The Planning Commission shall also constitute the Borough Shade Tree Commission with all the powers given thereunto by law and by another chapter of the Newport Code.

§ 39-3. Membership of Commission.

  1. The Planning Commission shall consist of up to five members who shall be duly appointed, from time to time, by the Council of the Borough of Newport and shall not receive any compensation. All members shall serve as unpaid volunteers. Duties are to review and advise Council within the powers and authority here presented. Meetings shall occur once a month in the Borough office. Recommendations will be made in writing to Council. Future appointments shall be for a four-year term. The Commission shall elect its own chairman, vice chairman and secretary and fill other offices as it may determine. The Commission may make and alter bylaws, rules and regulations to govern its procedures consistent with this chapter and laws of Pennsylvania.[Amended 1-8-2013 by Ord. No. 348]
  2. The Commission shall keep a full record of its business and shall make an annual written report to Council by March 1. Interim reports shall be made when and as requested by Council.

§ 39-4. Powers and duties of Commission.
The powers and duties of the Planning Commission of the Borough of Newport shall be as set forth by the powers granted by the reenactment of the Municipalities Planning Code 1988, December 21, Act No. 170 of 1988, Article II, 53 P.S. § 10209.1. In addition, the following power and authority is hereby given to the Planning Commission:

  1. To finish the ongoing Newport Borough Comprehensive Plan for the development of the Borough of Newport, as well as any further related amendments and/or updates as necessary, and present it for the consideration of the Borough Council.
  2. Additionally to create and design additional ordinances involving future land development, and the possible creation of a municipal zoning ordinance and any future pertinent amendments.
  3. To seek, apply for, monitor, implement and take all steps to fulfill and complete, with any other party, grants, funds, contracts, etc., as needed to carry out duties of Planning Commission.
  4. To maintain and keep on file records of recommendations to Borough Council.
  5. To constitute and serve as the Shade Tree Commission.

§ 39-5. Advisors to Commission.
The Newport Borough Solicitor, as well as the Borough Engineer, shall act as advisors to the Planning Commission of the Borough of Newport, at the Commission’s request, from time to time, with Council’s approval.

§ 39-6. Application to Planning Commission.
Any person, firm, corporation or other business or legal entity that wishes to develop or subdivide property, or undertake new construction of any type, make additions to existing structures or desires to change the nature, character or purpose of the property, shall first make application to the Borough of Newport Planning Commission which shall make a recommendation to Council as to whether to approve or disapprove the application. The form of the application shall be that form that is prescribed from time to time by the Planning Commission of the Borough of Newport.

§ 39-7. Requirements for submission of plans.
Any person, firm, corporation or other business or legal entity who make application to the Planning Commission of the Borough of Newport shall submit same in the manner in which requested by the Planning Commission. All such plans shall be drawn and submitted in writing, in sufficient detail, as requested by the Planning Commission, to set forth an accurate depiction of the property, and showing the planned project change, development, subdivision, new construction, addition, etc., for consideration of the Planning Commission, prior to the issuance of a building permit.

CHAPTER 48:

SALARIES AND COMPENSATION

[HISTORY: Adopted by the Borough Council of the Borough of Newport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Pensions — See Ch. 32.
Article I. Mayor and Council

[Adopted 8-5-1975 by Ord. No. 197 (Ch. 1, Part 1A, of the 1985 Code)]

§ 48-1. Salary of Mayor.
[Amended 12-19-1995; by Ord. No. 289; 12-18-2007 by Ord. No. 331; 1-8-2013 by Ord. No. 348] The salary of the Mayor of the Borough of Newport, Perry County, Pennsylvania is hereby established at the sum of $1,800 per year. Said salary shall be paid to the Mayor either in monthly installments of $150 per month or quarterly installments of $450 per quarter, whichever the Mayor shall designate in writing, directed to the Secretary of the Borough.

§ 48-2. Compensation of Council members.
[Amended 12-19-1995 by Ord. No. 289; 12-18-2007 by Ord. No. 331]  ( Amended 6-2-15 by Ord. No. 358) A compensation of Council members serving the Newport Borough Council, whether elected to a full or partial term, or whether appointed to fill an unexpired term under the provisions of the Borough Code, is hereby set at $125 per month.

A.  Compensation of Concilmen shall be payable monthly from the General Fund Account.  No compensation shall be paid in any month to a Councimen who has failed to attend the regular monthly meeting of the Borough Council.  An excusable absence will be for verifiable illness, work, or for death in family.

§ 48-3. Option of official not to receive salary.
If the Mayor or any Councilman desires that he not be paid the compensation hereinbefore set, he shall notify the Newport Borough Secretary of his decision in writing; said written instruction to the Borough Secretary shall remain in effect until changed in writing by communication addressed to the Newport Borough Secretary.

§ 48-4. Option of official to reserve salary for Borough use.
Should any official whose compensation is provided for herein desire that his compensation be reserved for or directed to the use of any fund or account in the Borough, he shall so notify the Borough Secretary in writing and his compensation shall thereafter be directed to said fund until further instructions are sent, in writing, to the Borough Secretary.

CHAPTER 55:

SHADE TREE COMMISSION

[HISTORY: Adopted by the Borough Council of the Borough of Newport 12-10-1971 by Ord. No. 175 (Ch. 1, Part 3, of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 39.
Property maintenance — See Ch. 173.

§ 55-1. Creation of Shade Tree Commission.
[Amended 1-8-2013 by Ord. No. 348] Whereas, the Borough Code authorized by the Commonwealth of Pennsylvania by Act of February 1, 1966, P.L. (1965) 1656, Editor’s Note: See 53 P.S. § 45101 et seq. authorizes the Borough by an ordinance to establish a commission to be known as a Shade Tree Commission. Therefore, in accordance with this chapter, the Borough of Newport does hereby establish a Shade Tree Commission composed of three adult residents of Newport Borough who shall be appointed by the Borough Council and shall serve without compensation consisting of one member whose term shall be for three years, one member whose term shall be for four years and one member whose term shall be for five years. On the expiration of the term of any commissioner, a successor shall be appointed by the Borough Council for five years; all vacancies in the office of the Commission shall be filled by the Borough Council for the unexpired term.

§ 55-2. Powers and duties.
[Amended 1-8-2013 by Ord. No. 348] The Commission shall have the exclusive custody and control of the shade trees in the Borough. The Commission may make, publish and enforce regulations for the care and protection of the shade trees in the Borough. No such regulation shall be in force until it has been approved by the Council and enacted as an ordinance.

§ 55-3. Removal of shade trees; cost.
[Amended 4-9-1985 by Ord. No. 238] The cost of removing any shade trees in and along the streets and highways of the Borough, of the necessary and suitable guards, curbing or grading for the protection thereof and the replacement or paving of any pavement or sidewalk necessarily disturbed in the execution of such work, shall be paid by the owner of the real estate on which, or abutting that on which, the work is done. The amount each owner is to pay shall be ascertained and certified by the Commission, to the Council and the Borough Treasurer.

§ 55-4. Notice to property owners.
Thirty days notice shall be given to real estate owners of property containing diseased and dead plants, shrubs and trees so afflicted. Upon failure of such owner to comply with such notice, the Borough may cause the work to be done and levy and collect the cost thereof from the owner of the property. The cost of such work shall be a lien against the premises from the time of the commencement of the work. Any such lien may be collected by action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims.

CHAPTER 72:

ALCOHOLIC BEVERAGES

[HISTORY: Adopted by the Borough Council of the Borough of Newport 6-2-1981 by Ord. No. 225 (Ch. 6, Part 1, of the 1985 Code). Amendments noted where applicable.]
§ 72-1. Definitions.
[Added 1-8-2013 by Ord. No. 348] As used in this chapter, the following terms shall have the meaning indicated:
INTENT TO CONSUME
Includes any of the following:

  1. Drinking from the container.
  2. Possession with movement of the container to the mouth.
  3. Possession with alcohol on the breath of the possessor.
  4. Any circumstances evidencing an intent to ultimately consume on any public lands without permission.

§ 72-2. Illegal to transport or possess open containers.
[Amended 1-8-2013 by Ord. No. 348] No person shall transport or possess with intent to consume in open container on his person or in a motor vehicle nor consume any beer, wine, or alcoholic beverage in or upon the streets, sidewalks, alleys or public ways of the Borough of Newport nor in or upon the parking areas of shopping centers or stores or retail outlets or schools under the jurisdiction of Newport, Perry County, Pennsylvania.

§ 72-3. Illegal to possess, carry or transport upon a park or playground.
[Amended 1-8-2013 by Ord. No. 348] No person shall possess, carry or transport with intent to consume any beer, wine or alcoholic beverage in an open container nor consume any beer, wine, or alcoholic beverage in or upon a part or playground or other public property in the Borough of Newport.

§ 72-4. Violations and penalties.
[Amended 4-9-1985 by Ord. No. 238; 1-8-2013 by Ord. No. 348] Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600; and/or to imprisonment for a term not to exceed 30 days.

§ 72-5. Penalties in addition to other laws.
Penalties contained in this chapter are in addition to any other remedies or penalties provided by any other ordinance, regulation, statute, Pennsylvania Crimes Code, or other law.

CHAPTER 78:

ANIMALS

 

[HISTORY: Adopted by the Borough Council of the Borough of Newport as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 145.

Parks and recreation — See Ch. 159.

Article I. Keeping of Certain Animals

 

[Adopted 6-1-1954 by Ord. No. 125; amended in its entirety 4-9-1985 by Ord. No. 238 (Ch. 2, Part 2, of the 1985 Code)]

§ 78-1. Definitions.

  1. As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
    ANIMAL
    Any domestic animal or fowl, any wild animal or any household pet.

     

    DOMESTIC ANIMAL
    Any animal normally or ordinarily domesticated or raised in this area and climate as livestock or for work or breeding purposes, or normally or ordinarily kept as a household pet.

    HOUSEHOLD PET
    Any dog, cat, or other domestic animal normally and ordinarily kept in or permitted to be at large in the dwelling of its owner.

    LARGE ANIMAL
    Any wild or domestic animal of the bovine, equine or sheep family.

    PERSON
    Any person, firm, partnership, association, or corporation.

    SMALL ANIMAL
    Any wild or domestic animal such as a rabbit, hare, guinea pig, rat, mouse, or chinchilla; and any wild or domestic fowl such as a chicken, turkey, goose, duck, or pigeon (excepting homing pigeons).

    WILD ANIMAL
    Any animal, including bird, fowl, or reptile not normally or ordinarily domesticated; not normally or ordinarily raised in this area and climate as livestock or for work or breeding purposes; or not capable of being kept as a household pet.

  2. In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.

§ 78-2. Certain animals prohibited.
It shall be unlawful for any person to keep any large animals, pigs, hogs, or other animal which due to its size is likely to cause a nuisance condition, at any place within the Borough of Newport.

§ 78-3. Keeping of animals regulated.
It shall be unlawful for any person to keep any domestic animals, except household pets and these household pets shall be allowed only as follows:

  1. Unless kept in the owner’s dwelling, such animals shall be kept confined in quarters no part of which shall be closer than 25 feet from the exterior limits of any dwelling or of any property line.
  2. The keeper of every such animal shall confine the same in an enclosure sufficient to prevent such animal from running at large, and such enclosure shall be of a size conducive to good sanitary practices and adequate and sanitary drainage facilities shall be provided.
  3. Every keeper of any animal shall cause the litter and droppings therefrom to be collected daily in a container or receptacle that when closed shall be ratproof and flytight, and after every such collection shall cause such container or receptacle to be kept closed. At least once a week, every such keeper shall cause all litter and droppings so collected to be disposed of in such manner as not to permit the presence of fly larvae.
  4. Every keeper of any animal shall cause all feed provided therefor to be stored and kept in a ratproof and flytight building, box, container, or receptacle.
  5. If any such pet shall be kept in a dwelling owned or occupied by its owner, such owner shall be required to follow such procedures and practices, as to the number of such pets to be kept there, and as to sanitation, to insure that no public nuisance shall be created or maintained and no threat to the health of persons living elsewhere than in such dwelling shall be created.

§ 78-4. Violation of state law.
Any violation of this article that would also violate any state law shall be prosecuted under that state law and not under this article.

§ 78-5. Violations and penalties.
[Amended 1-8-2013 by Ord. No. 348] Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600, and/or to undergo imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
Article II. Control of Dogs

[Adopted 10-3-1972 by Ord. No. 178 (Ch. 2, Part 1, of the 1985 Code)]

§ 78-6. Owner to control dogs.
[Amended 1-8-2013 by Ord. No. 348] No owner shall fail to exercise proper care and control of his dogs to prevent them from becoming a public nuisance. Excessive, continuous or untimely barking, molesting passersby, chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds, or trespassing upon private property in such manner as to damage property, shall be deemed a nuisance. No person shall suffer or permit any dog in his/her possession to run at large on any unclosed land or trespass upon any enclosed or unclosed lands of another. Owner is responsible for any damage caused by his/her dog. When dog is not on owner’s property, it must be kept under reasonable control of owner or handler upon a leash not more than six feet long.

§ 78-7. Removal of excrement.
[Added 4-9-1985 by Ord. No. 238; 1-8-2013 by Ord. No. 348] Any person having possession, custody or control of any dog or other animal which commits a nuisance, i.e., defecation in any area other than the private property of the owner of such dog or other animal, shall be required to remove feces from such surface immediately and carry same away for disposal in a nonleaking container for deposit in a trash or litter receptacle.

§ 78-8. Proper treatment of dogs required.
No owner shall fail to provide his animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. No person shall beat, cruelly ill treat, torment, or otherwise abuse any dog, or cause to permit any such abuse. No owner of any dog shall abandon such dog.

§ 78-9. Quarantine of dog.
Any dog which bites a person shall be quarantined for 10 days if ordered by the Chief of Police. During quarantine, the dog shall be securely confined and kept from contact with any other animals. At the discretion of the Chief of Police, the quarantine may be on the premises of the owner. If the Chief of Police requires other confinement, the owner shall surrender the dog for the quarantine period to a dog shelter or shall, at his own expense, place it in a veterinary hospital.

§ 78-10. Procedure for rabid dogs.
[Amended 1-8-2013 by Ord. No. 348] No police officer or other persons shall kill, or cause to be killed, any dog suspected of being rabid, except after the dog has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If the veterinarian diagnoses rabies in a dog in quarantine, then the dog shall be killed and the head of such dog sent to a laboratory for pathological examination and confirmation of the diagnosis. Exception to this is in cases where the animal poses a direct or imminent threat to a person or other animal (i.e., is attacking or is about to attack).

§ 78-11. Violations and penalties.
[Amended 4-9-1985 by Ord. No. 238; 1-8-2013 by Ord. No. 348] Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600; and/or to imprisonment for a term not to exceed 30 days.

 

 

CHAPTER 92:

BUILDINGS, DANGEROUS

[HISTORY: Adopted by the Borough Council of the Borough of Newport 11-5-1980 by Ord. No. 223 (Ch. 4 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 99.
Property maintenance — See Ch. 173.

§ 92-1. Dangerous or dilapidated buildings defined.
All buildings or structures which have any or all of the following defects shall be deemed “dangerous buildings”:

  1. Those which have been damaged by fire, wind or other causes so as to have become dangerous to the life, safety, morals or the general health and welfare of occupants or people of Newport Borough because of the potential of injury, including that which would result from the condition of the premises, possible collapse, or fire.
  2. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause accidents, sickness or disease, so as to work injury to the health, morals, safety, or general welfare of those living therein as well as other citizens of the Borough.
  3. Those which have parts thereof which are so attached or otherwise erected that they might fall and injure members of the public or adjoining property.
  4. Those which because of their general condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Borough.

§ 92-2. Dangerous buildings as nuisances.
All dangerous buildings within the terms of § 92-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.

§ 92-3. Investigation procedures.
Whenever it shall be reported or come to the attention of any Borough official or police officer that any building or structure, completed or in the process of construction, or any portion thereof, is in a dangerous condition, such person having knowledge thereof shall report same to the Borough Council, and the Council shall immediately cause an investigation and examination to be made of such building or structure. If such investigation or examination indicates such building or structure to be dangerous in accordance with the standards of § 92-1 of this chapter, a written report of such investigation shall be submitted to the Council, specifying the exact condition of such building or structure and setting forth whether or in what respect the structure is dangerous and whether the structure is capable of being properly repaired or whether it shall be removed as a dangerous structure.

§ 92-4. Hearing procedures.
The Council shall:

  1. Upon receipt of a report in accordance with § 92-3 of this article, give written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by land records of the Recorder of Deeds of Perry County, to appear before the Board on the date specified in the Notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the notice provided for herein in § 92-6C.
  2. Hold a hearing and hear such testimony as the owner, occupant, mortgagee, lessee or any other person having an interest in said building, shall offer relative to the dangerous building.
  3. ake written findings of fact from the testimony offered pursuant to Subsection B as to whether or not the building in question is a dangerous building within the terms of § 92-1 hereof and constitutes a nuisance.
  4. Particularize the reasons why the building in question is a dangerous building.
  5. Issue an order based upon findings of fact made pursuant to Subsections C and D demanding the owner, occupant, mortgagee, lessee or any other person having an interest in the said building to repair, vacate or demolish any building found to be a dangerous building within the terms of this chapter.

 

§ 92-5. Standards for repair, vacation or demolition.
The following standards shall be followed in substance by the Council in ordering repair, vacation or demolition:

  1. If the dangerous or dilapidated building can be repaired as determined by the Council so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.
  2. If the dangerous or dilapidated building or structure is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.
  3. In any case where a dangerous or dilapidated building or structure cannot be reasonably repaired as determined by Council, it shall be demolished. In cases where a dangerous or dilapidated building or structure is a fire hazard existing or erected in violation of the terms of this chapter, the Fire Prevention Code or ordinance or any Statute of the Commonwealth of Pennsylvania, it shall be demolished.

§ 92-6. Enforcement procedures.

  1. If any structure is deemed to be a dangerous building within the standards set forth in § 92-1 of this chapter, the Council shall forthwith cause written notice to be served upon the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the records of the Recorder of Deeds of Perry County.
  2. The notice required by this section shall be served personally upon the owner of a dangerous building if the owner resides in the Borough or personally upon his agent if such agent resides within the Borough. If personal service as required herein cannot be obtained or if the owner resides outside the Borough, such notice shall be sent to the owner of a dangerous building by registered mail at the last known address thereof.
  3. The notice shall identify the building or structure deemed dangerous and contain a statement of the particulars which made this building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of the order of this article, provided in any case where the notice prescribed the repair of any structure, the owner thereof shall have the option to remove such structure in lieu of making the repairs thereto within the time limits herein set forth.
  4. Such notice shall require any person notified to repair, vacate or demolish any building to commence the work or act required by the notice within 15 days of such notice and to complete such repair or removal within 45 days thereof.
  5. The Council shall cause to be placed on all dangerous buildings a notice reading substantially as follows:
    “This building has been found to be a dangerous building by the Council of the Borough of Newport. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee, or agent of this building. The removal of this notice is unlawful until compliance is made under the terms contained in the notice given to the above named party.”

§ 92-7. Violations and penalties.
[Amended 4-9-1985 by Ord. No. 238]

  1. Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, and/or to imprisonment for a term not to exceed 30 days.[Amended 1-8-2013 by Ord. No. 348]
  2. Any person removing the notice provided for in § 92-6E hereof shall, upon conviction before the Magisterial District Judge, be subject to the same penalties as set forth above.
  3. If the owner, occupant, mortgagee, lessee or any person having an interest in said building, as shown by the land records of the Recorder of Deeds of Perry County, fails to comply with any notice or order to repair, vacate, or demolish any dangerous building within 30 days, the Council is empowered to cause such building or structure to be repaired, vacated or demolished by the Borough and to cause the costs of such repair, vacation or demolition, together with a penalty of 10% to be charged against the land on which the building existed as a municipal lien or to recover such costs in a suit at law against the owner or other such person having an interest in the building; provided, the recovery of such cost and expense, together with the penalty, may be in addition to the penalty imposed in Subsections A and B.[Amended 1-8-2013 by Ord. No. 348]

§ 92-8. Emergency cases.
In cases wherein it reasonably appears that there exists an immediate danger to the life or safety of any person caused or created by a dangerous building as defined herein, the Council shall cause the immediate repair, vacation or demolition of such dangerous building. The cost of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided for in § 92-7.

 

CHAPTER 94:

BURNING, OPEN

[HISTORY: Adopted by the Borough Council of the Borough of Newport 5-3-1955 by Ord. No. 129; amended in its entirety 4-9-1985 by Ord. No. 238 (Ch. 7, Part 1, of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 208.
Zoning — See Ch. 250.

§ 94-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BOROUGH COUNCIL
The Borough Council of the Borough of Newport.
FURNACE
Any enclosed device specifically designed for burning any material for the production of heat.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
INCINERATOR
Any device specifically designed for the destruction by burning of refuse, sewage sludge, or any other combustible material.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle other than a furnace or incinerator.
PERSON
Any individual, partnership, association, corporation, department, bureau, agency or other legal entity.
REFUSE
Garbage, rubbish and trade waste.
RUBBISH
Solids not considered to be highly flammable or explosive, including but not limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, tree leaves, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to metals, chemicals, shipping containers or drums.
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade or industry, including but not limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials; provided, that “trade waste” shall not include any coal refuse associated with the mining or preparation of coal.

§ 94-2. Enforcement.
The Borough Council of the Borough shall have the power and duty to enforce the provisions of this chapter.

§ 94-3. Prohibited activities; exceptions.

  1. Within the Borough limits, no person shall:
    (1) Ignite or feed an open fire for the destruction of refuse or in the conduct of a salvage operation in any public or private place outside any building; or
    (2) Cause, suffer, allow, or permit the maintenance of any open fire for the destruction of refuse, or in the conduct of a salvage operation on any property under his control outside of any building.
  2. Exceptions. Open fires may be set in the performance of an official duty of any public officer if the fire is necessary for:
    (1) The prevention of a fire hazard which cannot be abated by other means; or
    (2) The protection of public health.
  3. Additional exceptions.[Added 1-8-2013 by Ord. No. 348]
    (1) A fire set solely for the use for cooking food and recreational purposes to include portable burn pits, chimineas, gas and charcoal grills, masonry barbecue pits, and masonry fireplaces.
    (2) A fire set solely for ceremonial purposes.

§ 94-4. Violations and penalties.
[Amended 1-8-2013 by Ord. No. 348] Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, and/or to imprisonment for a term not to exceed 30 days.

CHAPTER 99:

CONSTRUCTION CODES, UNIFORM

[HISTORY: Adopted by the Borough Council of the Borough of Newport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 92.
Property maintenance — See Ch. 173.
Subdivision and land development — See Ch. 222.
Zoning — See Ch. 250.
Article I. Fire Prevention Code

[Adopted by Ord. No. 191A; amended in its entirety 4-9-1985 by Ord. No. 238 (Ch. 5, Part 1, of the 1985 Code)]
§ 99-1. Adoption of Fire Prevention Code.
[Amended 1-8-2013 by Ord. No. 348] The Borough of Newport hereby adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the current fire prevention code known as the “BOCA Basic Fire Prevention Code, 1984 Edition,” save and except such portions as are hereinafter deleted, modified or amended, of which one copy has been and now is filed in the office of Borough Secretary and the same are hereby adopted and incorporated as fully as if set out at length herein. From the date on which this article shall take effect, the provisions thereof shall be controlling within the corporate limits of the Borough.

§ 99-2. Amendments made in Fire Prevention Code.
The fire prevention code hereby adopted is amended as follows:

  1. Borough of Newport shall be inserted wherever the words “Name of Municipality” appear in brackets therein.
  2. Wherever the term “legal officer” or “legal representative” is used in this code, it shall be held to mean the Borough Solicitor.
  3. Section F-105.1 is hereby amended to read as follows:[Amended 1-8-2013 by Ord. No. 348]
    F-105.1. Penalty for Violations.1.
    Any person who shall violate any provision of this code shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600, and/or to imprisonment for a term not to exceed 30 days. Each day a violation of this code continues shall constitute a separate offense.
    2.
    The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

 § 99-3. State laws and regulations.
In all matters that are regulated by the laws of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the commonwealth promulgated by authority of law, such laws or regulations, as the case may be, shall control where the requirements thereof are the same as or more limiting than the provisions of this article. The code shall control in all cases where the state requirements are not as strict as those contained in this article.

§ 99-4. Provisions to be continuation of existing regulations.
The provisions of this article, so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this article shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under authority of any of the repealed ordinances.
Article II. Construction Code

[Adopted 4-6-2004 by Ord. No. 318 (Ch. 5, Part 2, of the 1985 Code)]

§ 99-5. Election to administer.
This Borough hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§ 7210.101-7210.1103, as amended from time to time, and its regulations.

§ 99-6. Adoption.
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of this Borough.

§ 99-7. Administration and enforcement.
Administration and enforcement of the code within this Borough shall be undertaken in any of the following ways as determined by the Borough Council from time to time by resolution:

  1. By the designation of an employee of the Borough to serve as the municipal code official to act on behalf of the Borough.
  2. By the retention of one or more construction code officials or third-party agencies to act on behalf of the Borough.
  3. By agreement with one or more other municipalities for the joint administration and enforcement of this Act through an inter-municipal agreement.
  4. By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of this Borough.
  5. By entering into an agreement with the Pennsylvania Department of Labor and industry for plan review, inspections and enforcement of structures other than one family or two-family dwelling units and utility and miscellaneous use structures.

§ 99-8. Board of Appeals.
A Board of Appeals shall be established by resolution of the Borough Council in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.

§ 99-9. Effect on other provisions.

  1. All building code ordinances or portions of ordinances which were adopted by this Borough on or before July 1, 1999, and which equal or exceed the requirements of the code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the code, as amended from time to time.
  2. All building code ordinances or portions of ordinances which are in effect as of the effective date of this article and whose requirements are less than the minimum requirements of the code are hereby amended to conform with the comparable provisions of the code.
  3. All relevant ordinances, regulations, and policies of this Borough not governed by the code shall remain in full force and effect.

§ 99-10. Fees.
Fees assessable by the Borough for the administration and enforcement undertaken pursuant to this article and the code shall be established by the Borough Council by resolution from time to time.

Newport Borough Codes Online

Borough Council of the Borough of Newport has commissioned the placement of the Borough’s ADMINISTRATIVE and GENERAL codes online.

The content provided is from the Borough’s revised codebook; 1985 and subsequent revisions and amendments.

If you have any questions, please contact the Borough Office:

(717) 567-3728

BOROUGH OF NEWPORT, PA.
231 Market St. — Newport, PA 17074 ☏ Phone (717) 567-3728 - FAX (717) 567-3754

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