Draft Ordinance #239

During Borough Council on Wednesday January 10th- they tabled for revisions.

NOTICE

Notice is hereby given by the Council of the Borough of Riegelsville that an ordinance amending the Code of Ordinances of the Borough of Riegelsville with respect to Ordinance No. 135 entitled, “An Ordinance Prohibiting the Possession, Sale or Consumption of Alcoholic Beverages in Parks, Playgrounds and Open Land of the Borough of Riegelsville” and Ordinance No. 171 entitled, “An Ordinance Amending Ordinance 141, the Riegelsville Borough Code of Ordinances, Chapter 21, Streets and Sidewalks, to Add Part 3. Sidewalk and Curb Rules and Regulations and Part 4. Sidewalk and Curb Construction and Repair Standards” will be presented for review and passage at the Regular Council meeting to be held on Wednesday, January 10, 2018 at 7:00 p.m. at the Borough Hall, Riegelsville, Pennsylvania.  A full copy of the proposed ordinance may be examined without charge at the Borough Hall, the office of this newspaper or the Law Library at the Bucks County Court House during normal business hours, or may be obtained upon request for a charge not greater than the cost thereof.  The following is a summary of the proposed ordinance: Paragraph 1 amends section 2 of Ordinance No. 135 to provide for an exception to the possession and consumption of liquor, wine, beer or other alcoholic beverages upon any property of the Borough of Riegelsville for any private or non-profit event; Paragraph 2 defines the terms “private” and “non-profit”; Paragraph 3 amends Section 301 of Ordinance No. 141, as amended by Section 1 of Ordinance 171, regarding retroactive and current prohibitions on sidewalk obstructions; Paragraph 4 is a repealer; and Paragraph 5 is a savings clause.

 

William T. Dudeck, Esquire

Eastburn and Gray, P.C.

60 East Court Street

P.O. Box 1389

Doylestown, PA 18901

Solicitor for the

                                                                                                Borough of Riegelsville

RIEGELSVILLE BOROUGH ORDINANCE No. 239  

 AN ORDINANCE OF THE BOROUGH OF RIEGELSVILLE

AMENDING ORDINANCE Nos.  135, 141 AND 171

 

            WHEREAS, on November 12, 2017, the Borough of Riegelsville duly enacted Ordinance  No. 135 entitled, “An Ordinance Prohibiting the Possession, Sale or Consumption of Alcoholic Beverages in Parks, Playgrounds and Open Land of the Borough of Riegelsville”; and

 

WHEREAS, on December 8, 1993, the Borough of Riegelsville duly enacted Ordinance No. 171 entitled, “An Ordinance Amending Ordinance 141, the Riegelsville Borough Code of Ordinances, Chapter 21, Streets and Sidewalks, to Add Part 3. Sidewalk and Curb Rules and Regulations and Part 4. Sidewalk and Curb Construction and Repair Standards”; and

 

WHEREAS, the Borough of Riegelsville, by way section 202(2) of the Borough Code, 8 Pa. C.S.A. § 1202(2), is specifically empowered to operate its recreational facilities and other facilities and to make and regulate charges for them for general borough purposes; and

 

WHEREAS, the Borough of Riegelsville, by way section 202(12) of the Borough Code, 8 Pa. C.S.A. § 1202(12), is specifically empowered to regulate sidewalks and to prohibit the erection or construction of any obstruction to the convenient use of the same; and

 

WHEREAS, the Borough of Riegelsville, upon consideration and review, has determined that it is in the best interests of the public health, safety and welfare to amend Ordinance Nos. 135, 141 and 171 as more fully set forth herein.

 

            NOW THEREFORE BE IT ORDAINED AS FOLLOWS:

 

  1. Section 2 of Ordinance No. 135 is hereby amended to include the following exception: EXCEPT that the Borough of Riegelsville, upon application for and issuance of a permit to do so for such fee as shall cover any costs and expenses to the Borough of Riegelsville in association therewith, may allow the possession and consumption of liquor, wine, beer or other alcoholic beverages upon any property of the Borough of Riegelsville for any private or non-profit event to be held thereon.

 

  1. As used herein, “private” shall mean an event not open to the general public. “Non-profit” shall mean an event conducted by a corporation or an association that conducts business for the benefit of the general public without shareholders and without profit motive.

 

  1. The second paragraph of Section 301 of Ordinance No. 141, as amended by Section 1 of Ordinance 171, is hereby amended to add the following sentence: Further, no owner of property in the Borough of Riegelsville shall erect or construct upon any walkway or sidewalk, any obstruction to the convenient use of the same, including but not limited to any mailbox, post or recreational apparatus (e.g. portable or permanent basketball system). This amendment is retroactive and shall apply equally prior to, on or after the date of enactment of this Ordinance.

 

  1. Any resolutions, ordinances or parts thereof heretofore enacted and inconsistent herewith are hereby repealed insofar as such inconsistency may exist.

 

  1. If any section, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance as an entirety, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity or any such section, sentence, clause or phrase.

 

ENACTED AND ORDAINED THIS 10th DAY OF January, 2018.

 

 

ATTEST:                                                                     RIEGELSVILLE BOROUGH COUNCIL:

 

 

____________________                                By:                                                                             

Sherry Masteller, Secretary                                         Thomas E. Stinnett, President

 

 

                                                                       

Ed Bartosiewicz

 

 

                                                                       

Rodney Scott

 

 

                                                                       

Ann P. Moyer

 

 

Approved as an Ordinance of the Borough of Riegelsville, this    10th day of January                                                         2018.

 

                                                                       

Gregory Stokes, Mayor

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