Edinboro employees now carry Borough Employee Identification Cards.  Residents are encouraged to ask for identification if someone comes to

their Edinboro Borough residence or business and claims to be a Borough employee.  If there is ever any doubt about the legitimacy of someone

claiming to be a Borough employee, residents are encouraged to telephone the Borough at 734 1812 or the Police at 734 1712

to verify the identity of anyone claiming to be a Borough of Edinboro employee.

APPLICATIONS BEING TAKEN FOR
WASTEWATER TREATMENT PLANT LEAD OPERATOR POSITION

The Home Rule Borough of Edinboro has one Wastewater Treatment Plant Lead Operator position available.  Applicants are required to have a minimum PA Class B Sub Class 1, 4 Wastewater Treatment Plant license.  Additional consideration will be given for current and prior experience in workplaces such as set forth.  A driver’s license is required and a Class B, Commercial Drivers License is required.  Applicants must be familiar with related job procedures and equipment.  Electrical and mechanical skills are important.  Applicant must be willing to work weekends and holidays.

The full time position is covered by a collective bargaining agreement.  Details of the collective bargaining agreement and pertinent position descriptions are available for view during the normal business hours in the office of the Borough Manager, Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA  16412 (814 734 1812).  All applications must be made on an official Borough Application for Employment and delivered to the office of the Borough Manager.  The position is open until filled.

 The Borough considers applicants for all positions without regard to race, color, religion, creed, gender, national origin, age, disability, marital or veteran status, sexual orientation, or any other legally protected status.

 T.Jemetz, Borough Manager

_______________________________________________________________________________________________________________________________

PUBLIC NOTICE OF PUBLIC HEARING AND

INTENT TO ADOPT ORDINANCE 581

Home Rule Borough of Edinboro “Municipal Energy Aggregation” 

The Home Rule Borough of Edinboro hereby gives notice that a public hearing will be conducted concerning proposed Ordinance 581 an ordinance supplementing the Code of the Home Rule Borough of Edinboro by establishing section called “Municipal Energy Aggregation” on October 11, 2010 at 6:00 p.m. at the Home Rule Borough of Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA. 

Council at it’s September 13^th regular meeting will consider and on October 11^th regular meeting at 6:30 p.m. will also consider and act upon Ordinance #581 regarding Municipal Energy Aggregation.

“Municipal Energy Aggregation” which authorizes all actions necessary to effect a municipal energy aggregation program with opt-out provisions for the municipal aggregation of electric generation supply to certain consumers of electricity within the borders of the Home Rule Borough of Edinboro.

A complete copy of the said proposed Ordinance No. 581 may be viewed at the Home Rule Borough of Edinboro Municipal Office during regular business hours from 8:00 a.m. to 4:30 p.m. or on the website atwww.edinboro.net   Monday through Friday and a copy thereof may be obtained at the Home Rule Borough Building for a standard charge for copying of 25 cents per page.

            All interested parties are encouraged to attend this Public Hearing and provide relevant testimony, if they wish.  You may submit your view on the matter, either in person, by writing, or having a representative present.  Any person with a disability requiring a special accommodation to attend this meeting of the Borough of Edinboro should notify the Borough Manager at 734 1812  as early as possible, but not later than two (2) working days prior to the meeting.  The Council will make every effort to provide a reasonable accommodation. 

 Taras Jemetz, Borough Manager

 Publish Edinboro News 3X: September 10, September 23, and October 7, 2010

HOME RULE BOROUGH OF EDINBORO

Ordinance No. 581 of 2010

AN ORDINANCE Supplementing the CODE OF THE HOME RULE BOROUGH OF EDINBORO, BY ESTABLISHING  “Municipal Energy Aggregation” which authorizes all actions necessary to effect a Municipal Energy Aggregation Program with Opt-Out Provisions for the Municipal Aggregation of Electric Generation Supply to Certain Consumers of Electricity within the Borders of the HOME RULE BOROUGH OF EDINBORO.

            WHEREAS,  the Home Rule Borough of Edinboro is governed by the Home Rule Charter and Optional Plans Law, 53 Pa C.S. §2901-3171, and the Home Rule Borough of Edinboro Charter, which provides that the Home Rule Borough of Edinboro has, and may exercise, any power, and may perform any function not denied by the Constitution of Pennsylvania, by the Charter or by the General Assembly and where the powers of the Home Rule Borough of Edinboro shall be construed broadly in favor of the Home Rule Borough of Edinboro; and

            WHEREAS,  Municipal Energy Aggregation Programs provide an opportunity for certain residential and small commercial consumers to participate collectively in the benefits of electricity deregulation through lower electricity rates which may not otherwise be available to those electricity consumers individually; and

            WHEREAS,  the Home Rule Borough of Edinboro may enter into a contract with a “Contracted Electric Generation Supplier” to supply electricity through the Home Rule Borough of Edinboro Municipal Energy Aggregation Program for the period of January 1, 2011 through March 1, 2012 for certain residential and small commercial consumers; and

            WHEREAS, certain residential and small commercial electric consumers within the Home Rule Borough of Edinboro stand to receive savings as a result of the adoption of the Municipal Energy Aggregation Plan; and

            WHEREAS,   the adoption of the Municipal Energy Aggregation Program by the Home Rule Borough of Edinboro is not prohibited by Commonwealth statute or the Constitution of the Commonwealth of Pennsylvania; and

            WHEREAS, the adoption of the Municipal Energy Aggregation Program by the Home Rule Borough of Edinboro will not mandate participation in the Municipal Energy Aggregation Program, but will be provided on an opt-out basis.

            NOW THEREFORE, The Home Rule Borough of Edinboro hereby ordains:

            Section 1.        Title.   Municipal Energy Aggregation Ordinance of the Home Rule Borough of Edinboro.

            Section 2.        Definitions:

                        The following definitions shall be used in reference to the provisions of this section:

            (a)        “Contracted Electric Generation Supplier” means the entity with which the Home Rule Borough of Edinboro has contracted through the Municipal Energy Aggregation Program to provide a supply of electricity.

            (b)        “Excluded Consumers” means electricity consumers (1) that have opted out of the Municipal Aggregation Program pursuant to the provisions of section 5, below; (2) that have a special contract or agreement with an electric distribution company; (3) other than residential consumers who are classified as retail electric consumers or small commercial consumers which are under a small commercial, small industrial or small business rate classification, and whose maximum registered peak load was less than 25 kW within the last twelve (12) months; (4) that are enrolled in an electric distribution company’s customer assistance program that does not include any electric generation supplier charges in the calculation of the customer assistance program benefit; or (5) that are end-use consumers served or authorized to be served by an electric cooperative.

            (c)        “Municipal Energy Aggregation” means the aggregation of residential consumers who are classified as retail electric consumers within the Home Rule Borough of Edinboro and small commercial consumers within the Home Rule Borough of Edinboro which are under a small commercial, small industrial or small business rate classification, and whose maximum registered peak load was less than 25 kW within the last twelve (12) months.

            (d)       “Municipal Energy Aggregation Program” means the Program negotiated with the Contracted Electric Generation Supplier which provides a supply of electricity to certain residential and small commercial electricity consumers within the Home Rule Borough of Edinboro on an Opt-Out basis.

            (e)        “Non-Excluded Consumer” means an electricity consumer within the Home Rule Borough of Edinboro which or who is not an Excluded Consumer.

            (f)        Other terms defined in this section are so defined in this article by reference.

            Section 3.        Administration.
           
            All Non-Excluded Consumers shall be supplied with electric generation supply pursuant to the Municipal Energy Aggregation Program.           

            Section 4.        Municipal Energy Aggregation Program.

            (a)        On approval of Borough Council, the Borough Manager of the Home Rule Borough of Edinboro is authorized to enter into an agreement with an Electric Generation Supplier for the provision of electric generation supply services to Non-Excluded Consumers within the Home Rule Borough of Edinboro on an opt-out basis. 

            (b)        The contract shall, at a minimum, clearly indicate the price that the Contracted Electric Generation Supplier will charge Non-Excluded Consumers for electric generation supply as well as the term of the contract; liability coverage; indemnification, and that the supplier can satisfy certain requirements including but not limited to that they have sufficient sources of power to provide retail electrical power to the residents of the Borough of Edinboro and is licensed by the PUC.

(i) If the price is a fixed rate, the price shall be expressed in cents per kilowatt hour.  If the contract provides for a percentage-off of the default service rate, or any other type of pricing arrangement, an understandable description of the amount of the percentage discount, or other pricing arrangement, and how the rate may change shall be provided.  If the Contracted Electric Generation Supplier will charge different rates to different rate classes within the Home Rule Borough of Edinboro, the applicable rate(s) to Non-Excluded Consumers within each rate class shall be described. 

            (c)        No Non-Excluded Consumer shall be bound by a contract until at least thirty (30) days following the mailing of the opt-out notices required by Section 5 below, and the expiration of any waiting period for a consumer to cancel the pending change to the electric generation supplier following written confirmation by Contracted Electric Generation Supplier.

            (d)       The Contracted Electric Generation Supplier may not impose any terms, conditions, fees, or charges on any consumer served by a Municipal Aggregation Program that is different from the particular term, condition, fee, or charge which was included within the contract between the Home Rule Borough of Edinboro and the Contracted Electric Generation Supplier or the notices provided pursuant to this section.

            (e)        The Contracted Electric Generation Supplier shall provide appropriate consumer education materials to inform consumers about the existence of the Municipal Aggregation Program and the highlights of the program at no cost to the Home Rule Borough of Edinboro.

            Section 5.                   Opt-Out Program

            (a)        The Municipal Energy Aggregation Program shall be offered on an opt-out basis.

            (b)        After the Home Rule Borough of Edinboro executes a contract for electric generation services with the Contracted Electric Generation Supplier, but prior to including a consumer’s electric account or accounts in the Municipal Aggregation Program, the Contracted Electric Generation Supplier shall provide each consumer with written notice that the consumer’s account(s) will be automatically included in the Municipal Aggregation Program unless the consumer affirmatively opts-out of the Municipal Aggregation Program.  The notice, written in plain language, shall, at a minimum, include:

                        (i)         Disclosure of the price that the contracted electric generation supplier will charge Non-Excluded Consumers for electric generation service.

                        (ii)        An itemized list and explanation of all fees and charges that are not incorporated into the rates charged for electric generation service that the Contracted Electric Generation Supplier will charge to the Non-Excluded Consumer for participating in the Municipal Aggregation Program, including any early termination penalties and any surcharges, or portions thereof, that may be assessed. 

                        (iii)       Disclosure of the estimated service commencement date and notice that the Non-Excluded Consumer may opt out of the Municipal Aggregation Program at the end of the term of the contract with the Contracted Electric General Supplier and prior to the commencement of any subsequent municipal aggregation contract.

                        (iv)       A statement informing consumers that if they choose to opt out of the Municipal Aggregation Program they will be served by the default service provider until the consumer chooses an alternative electric generation supplier. 

                        (v)        A statement informing Non-Excluded Consumers that, if they switch back to the default service provider, they may not be served under the same rates, terms, and conditions that apply to other Non-Excluded Consumers within the Municipal Aggregation Program.

                        (vi)       Disclosure of any credit, collection and/or deposit policies and requirements.

                        (vii)      Disclosure of any limitations or conditions on consumer acceptance into the Municipal Aggregation Program, including the date by which the consumer must affirmatively opt-out of the program.  The date shall not be less than thirty (30) days following the mailing of the opt-out notice.

                        (viii)     A description of the process and associated time period for consumers to opt out of the Municipal Aggregation Program. 

                        (ix)       A local or toll free telephone number, with the available calling hours, that consumers may call with questions regarding the formation or operation of the Contracted Electric Generation Supplier.

            Section 6.        Savings Clause

            If any provision of this Ordinance or the application thereof to any Person or circumstances is held invalid, such holding shall not affect the other provisions or applications of this Ordinance, which shall be given affect without the invalid provisions or applications, and to this end, the provisions of this Chapter are declared severable.  All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

            Section 7.        Repealer Clause.

            Borough Council may repeal any part of this Ordinance.  Any part of this Ordinance found to be inconsistent with law may be repealed without nullifying the entire Ordinance.

            Section 8.        Effective Date.

            That this Ordinance shall be effective eight (8) days after enactment.

            THE BOROUGH OF EDINBORO HEREBY ORDAINS AND ENACTS THIS ______ DAY OF _______, 2010 by the Council of the Home Rule Borough of Edinboro.

            SEAL:            

View the Borough of Edinboro's Bid and RFP Opportunities

The Borough of Edinboro posts solicitation through the Find RFP e-Purchasing service.  This allows free access to bid information

online 24 hours a day.  Find RFP brings together government agencies and vendors to create a more convenient and efficient bidding process.

_

PUBLIC NOTICE

HOME RULE BOROUGH OF EDINBORO  

TAKE NOTICE that Borough Council at its regular business meeting to be held at 6:30 p.m. Monday, December 14, 2009 in the council chambers of the Municipal Building, 124 Meadville Street, Edinboro, PA  16412, will hold a hearing on the 2010 budget and Council will also consider and act upon the 2010 budget. 

The budget includes no tax rate changes from 2009 (Millage rate for fiscal year 2010 at 4.85 mills for general fund purposes and 0.5 mills for special purpose - pensions for a total of 5.35 mills with the Homestead Exemption still enforced; Earned Income Tax (EIT) at 1.0% for a total of 1.5%; Realty Transfer Tax rate 1% for a total of 1.5%; and Residential Rental Lease Tax rate at $0.00 per unit.).  

Council will act on the 2010 Budget on December 14, 2009 at it’s regularly scheduled meeting at 6:30 p.m.

T. Jemetz, Borough Manager

_____________________________________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________________________

_____________________________________________________________________________________________________________________________________________________

(Jan 01 2009)

Home Rule Borough of Edinboro

STANDARD RIGHT-TO-KNOW REQUEST FORM

 DATE REQUESTED:

 REQUEST SUBMITTED BY:           E-MAIL U.S. MAIL        FAX     IN-PERSON  

 NAME OF REQUESTOR :______________________________________

  STREET ADDRESS         :_____________________________________________

 CITY/STATE/COUNTY (Required): __________________________________________

 TELEPHONE (Optional):___________________________________________________

 RECORDS REQUESTED:

*Provide as much specific detail as possible so the agency can identify the information.

DO YOU WANT COPIES?  YES or NO

 DO YOU WANT TO INSPECT THE RECORDS?  YES or NO

 DO YOU WANT CERTIFIED COPIES OF RECORDS? YES or NO

____________________________________________________________________________

 RIGHT TO KNOW OFFICER:  Manager T Jemetz or Marie Lander, Assistant to the Manager

 DATE RECEIVED BY THE AGENCY:

AGENCY FIVE (5)-DAY RESPONSE DUE:

 **Public bodies may fill anonymous verbal or written requests.  If the requestor wishes to pursue the relief and remedies provided for in this Act, the request must be in writing.  (Section 702.) Written requests need not include an explanation why information is sought or the intended use of the information unless otherwise required by law.  (Section 703.)

HOME RULE BOROUGH OF EDINBORO    

PUBLIC NOTICE

TAKE NOTICE that the Council of the Home Rule Borough of Edinboro, during its regularly scheduled meetings of November 24, 2008 adopted the following, two ordinance #564  and #565.

HOME RULE BOROUGH OF EDINBORO

Ordinance No. 564

AN ORDINANCE  OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY ADDING Chapter 7 Part 1 authorizing recovery and reimbursement of costs of materials and equipment used and services rendered in providing fire protection and emergency medical services; prescribing penalties for violation and including severability and repealor clauses.

WHEREAS, the Borough Council of the Home Rule Borough of Edinboro (hereinafter the “Borough”) has approved an Agreement, as may in the future be amended, with the Edinboro Volunteer Fire Department (hereinafter the “Department”) for providing fire protection, ambulance and emergency medical services (hereinafter the “Providers”) in the Borough of Edinboro.

WHEREAS, said “Department” is an independent non -profit Pennsylvania corporation; and

WHEREAS, said Department, either by themselves or through entities established by or contracted with by the “Department”, provide emergency medical services to persons residing, working and traveling in or about the Home Rule Borough of Edinboro; and

WHEREAS, Erie County has established an E-911 emergency system to facilitate the prompt reporting and dispatching of “Providers” for incidents requiring police, fire and/or emergency medical services; and

WHEREAS, calls placed with the Erie County’s E-911 system are forwarded to the dispatch center, with police, fire protection and/or emergency medical service providers designated to serve the Home Rule Borough of Edinboro who are then alerted as needed to deliver the necessary services; and

WHEREAS, under Mutual Aid Agreements, other providers of police, fire protection or emergency medical services may be asked to assist with providing police, fire and/or emergency medical services for a given incident; and

WHEREAS, considerable sums are expended by “Providers” of such services for equipment, materials, and staff; and

WHEREAS, municipal services for general governmental operations, including prevention of crime and protection of the public safety generally, are provided as a function of the Borough government and are not intended to be affected by this Ordinance; and

WHEREAS, providers of fire protection and emergency medical services are authorized under the laws of the Commonwealth of Pennsylvania and under Agreements with the Home Rule Borough of Edinboro to recover the usual, reasonable and customary costs, fees and charges for their services; and

WHEREAS, many persons and entities maintain medical, property, casualty and other insurance which includes coverage for medical services and/or services to protect, preserve and/or minimize damages to and restore insured property; and

WHEREAS, the Borough Council of the Home Rule Borough of Edinboro has determined that insurance companies which have contracted with individuals and entities to provide coverage and benefits and to protect their insured in the event of covered losses have instead elected to undertake efforts to avoid payment of fees for fire protection and emergency medical services; to pay to an insured instead of provider fees for emergency medical services while paying other medical treatment providers directly; assert defenses against payment for which no legal basis is known, all of which exposes their insured to potential actions for reimbursement and disregards their obligations; and

WHEREAS, the Borough Council of the Home Rule Borough of Edinboro has determined that it is necessary and in the best interest of the Borough and those providing fire protection and emergency medical services to establish regulations and specifically  authorizing them to receive payment of costs and fees for services provided.

IT IS HEREBY ORDAINED AND ENACTED by the Borough Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania and it is ordained and enacted Chapter 7 as follows:

7-1.01  Definitions.

7-1.01.1                    “Emergency Medical Service Provider” shall mean the Edinboro Fire Department or designee of the Edinboro Fire Department providing emergency medical services or providing services pursuant to a dispatch under the E-911 system and any other emergency medical service provider providing emergency medical services under Mutual Aid Agreement with the Fire Department or its designee.

7-1.01.2                    “Fire Department” shall mean the Edinboro Fire Department which provides fire protection and related services under an Agreement with the Borough, and shall include for purposes of authorization to invoice and recover fees for services designees or contractors of such Department and any fire department of another municipality providing services under any Mutual Aid Agreement or dispatch under the E-911 system.

7-1.01.3                    “Persons” shall mean any natural person(s), partnership, corporation, limited liability partnership or corporation, association, firm, insurance carrier, servicing agent or other legal entity.

7-1.02  Authorization to Recover Costs and Expenses

7-1.02.1                    A “Fire Department ” or “Provider” is hereby authorized, pursuant to the laws of the Commonwealth of Pennsylvania, any agreements between the Borough and the Edinboro Fire Department and this ordinance, to recover the usual, reasonable and customary costs of materials used and expended and to recover a fee for the use of equipment, hazardous situation abatement materials and personnel costs used in or devoted to any fire, safety, rescue and/or hazardous waste abatement incident, these including but not limited to those caused by vehicular accidents and/or fires.

7-1.02.2                    Emergency Medical Service Providers are hereby authorized, pursuant to the laws of the Commonwealth of Pennsylvania, agreements between the Borough of Edinboro and the Edinboro Fire Department and between Fire Departments and any Provider pursuant to this ordinance, to recover the usual, reasonable and customary costs of materials used and expended, use of equipment, personnel services and transport costs used in or devoted to the providing of emergency medical services and emergency transport.

7-1.02.3                    Fire Departments and Emergency Medical Service Providers shall establish schedules of fees and costs for their respective services, which may be amended from time to time.  Such schedules of fees and costs shall be posted at the Department’s or Provider’s business offices and shall be made available to persons upon request.  The costs and expenses authorized by this Ordinance shall be those established in current and posted schedules adopted by resolutions by the Home Rule Borough of Edinboro as needed.

7-1.03  Collection of Costs, Expenses and Fees

7-1.03.1                    Costs, expenses and fees authorized in Section (7) 1.02 of this Ordinance shall be charged, collected and recovered directly by the Edinboro Fire Department, the Emergency Medical Service Provider and/or their appointed designee or agent.  The person invoiced for such costs, expenses and fees, and/or that person’s insurance carrier, servicing agent or other representative, shall remit payment of invoiced costs, expenses and fees directly to the Edinboro Fire Department or Emergency Medical Service Provider, as is applicable.

7-1.03.2                    In addition to such costs, expenses and fees, Fire Departments, Emergency Medical Service Providers are authorized to impose interest or finance charges upon invoices amounts not paid within thirty (30) days after the invoice date, at such rates as are authorized by the laws of Pennsylvania.

7-1.03.3                    In addition to such costs, expenses and fees, in the event Fire Departments and Emergency Medical Services Providers are compelled to initiate private collection or legal proceedings to collect sums due, such provider, in addition to all costs, expenses, fees and interest or service charges due, shall be entitled to recover in such proceeding all attorney’s fees, collection agency fees, filing fees and litigation expenses reasonably incurred in the proceeding.

7-1.04Violations:  Penalties for Violation.

7-1.04.1           Any person violating the provisions of Sections (7) 1.03.1 and/or (7) 1.03.2 of this Ordinance shall violate this Ordinance.

7-1.04.2                    Each day that a violation continues shall be considered a separate violation.

7-1.04.3                    A fine in an amount not less than $250.00 and not more than $600.00 per violation and for each day of violation is hereby prescribed for violations of this Ordinance.

7-1.04.4                    Upon a finding of violation, any person violating any provision of this ordinance shall be sentenced to pay fines as prescribed in Section (7) 1.04, plus costs and with all attorneys’ fees incurred by the Borough and/or Fire Departments and/or Emergency Medical Service Providers and/or their agents in the proceedings.

7-1.05Severability.  If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by an court, such holding shall not be construed to affect the validity of any of the remaining provisions of the Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect.  It is hereby declared the legislative intent that this Ordinance would have been adopted had such invalid or unconstitutional provision of its application not been included herein.

DULY ORDAINED AND ENACTED this ______day of ______, 2008, by Council of

The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.

Home Rule Borough of Edinboro

Ordinance 565

AN ORDINANCE Adding to the Codification Ordinance of the Home Rule Borough of Edinboro, Chapter 6 Part 5, Conduct, enacting an ordinance to establish a curfew for minor children, to define responsibilities of minors, parents, and adult custodians, and to provide for appropriate penalties.

NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA:

Section 1.  Adding Part 5 to the Code of Ordinance of the Home Rule Borough of Edinboro, Chapter 6, Conduct, entitled Curfew, is hereby enacted as follows:

6.5.01   Legislative Findings and Intent

(a)  Violence in our community committed by and against minors is a cause of great concern for the immediate health, safety and general welfare of our citizens.  The Borough highly values the health, safety and general welfare of our minors and has a vested interest in preserving and nurturing them as a valuable asset and investment in Edinboro’s future.  Persons under the age of sixteen (16) are vulnerable to be pressured to participate in violent unlawful activities and to be victims of perpetrators of violent crimes due to their general lack of maturity and experience.  Minors who are present in public places during the late night and early morning hours are particularly vulnerable to being victimized and abused.  The Borough needs effective tools available to protect minors from the dangers that exist in the late night and early morning hours at public places.

(b)  The Council for the Home Rule Borough of Edinboro, recognizing the problem of crimes committed by and committed against minors during the late night and early morning hours and believing that it can be dealt with more effectively by regulating the hours during which minors may remain in public places and certain establishments  without adult supervision, and by defining more clearly certain duties and responsibilities upon those who have custody and responsibility for the care of such minors, hereby enacts this Part 5 of Chapter 6 with the intent of promoting the general welfare and protection the general public through the reduction of juvenile violence and crime within the Home Rule Borough of Edinboro, promoting the safety and welfare of the Borough’s minors whose youth and inexperience renders them particularly vulnerable to becoming participants in criminal activity and victims of perpetrators of crime, and fostering and strengthening parental responsibility for children.

6.5.02   Definitions

The following words, phrases, whenever used in Part 5 of Chapter 6, shall be construed and defined as follows:

(a)              “After Hours” shall mean the period of time between the hours of 11:00 P.M. and 6:00 A.M. on Sunday through Thursday nights during the school year and 11:30 PM and 6:00 A.M. on every night of the year.

(b)              “Establishment” shall mean any privately owned place of business operated for profit, including any place of amusement or entertainment, to which the public is invited.

(c)               “Emergency” shall refer to unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb, or property.  The term includes, but is not limited to, fires, natural disaster, automobile accidents, or similar circumstances.

(d)              “Knowingly” shall mean knows or has reason to know.

(e)              “Minor” shall mean any person less than 16 years of age and does not include any person who is married or who is emancipated.  For the purpose of this Part 5 of Chapter 6 any person shall be deemed to be 16 years of age on the date of his or her 16^th birthday and not before this time.

(f)                “Operator” shall mean any individual, firm, association, partnership or corporation owning, operating, managing or conducting any establishment.  Whenever used in any provision prescribing a penalty, the word “operator” shall include the members, partners, officers and managers of any firm, association, partnership or corporation.

(g)              “Parent” shall mean the biological or adoptive parent of a minor; a legal guardian; or an adult person 21 years of age or older and who is authorized by a minor’s parent or legal guardian to be responsible, either temporarily or permanently, for the custody or care of any minor or for the control of such minor.

(h)              “Public Place” shall mean any public street, highway, road, alley, park, playground or parking lot, or any private building, structure or area to which the public is invited or in which the public is allowed to remain.

(i)                “Remain” shall mean to be at or stay at a place.

6.5.03  Unlawful Conduct of Minor

It shall be unlawful for a minor to remain in or upon any public place or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon an establishment in the Home Rule Borough of Edinboro after hours except as follows:

(a)              The minor is accompanied by a parent;

(b)              The minor is involved in an emergency;

(c)               The minor is engages in an activity, related to his or her employment, or is going to or returning home from such activity, without detour or stop;

(d)              The minor is on the sidewalk directly abutting a place where he or she resides with a parent or the minor is on the property or the sidewalk of an adult next-door neighbor with that neighbor’s permission.

(e)              The minor is attending an activity sponsored by a school, religious or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such activity without detour or stop;

(f)                The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information:  the name, signature, address, and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, the minor’s destination(s) and the hours the minor is authorized to be engaged in the errand; no minor or parent shall falsify the document described above; or

(g)              The minor is involved in interstate travel through or beginning or terminating in the Home Rule Borough of Edinboro; or

(h)              The minor is exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly.

(i)                The minor is a homeless juvenile who uses the public place as his or her usual abode.

(j)                The minor is at a public place or establishment for an activity or event not otherwise covered by this Ordinance where Borough Council has provided authorization.

6.5.04   Unlawful Conduct of parents

No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours unless the minor is engaged in an activity permitted under Section 6.5.03

6.5.05   Unlawful Conduct of Operators of Establishments

            No operator of an establishment shall knowingly permit any minor to remain      upon the premises of such establishment after hours.

6.5.06   Rules and Regulations

The Chief of Police, or his or her designee, is hereby authorized, from time to time, to promulgate such rules and regulations, including the extension of hours for special occasions, as in his or her opinion shall be necessary or          useful in the enforcement of this Part 5 of Chapter 6.  Such rules and regulations shall, however, be subject to the approval of the Manager and Council of the Home Rule Borough of Edinboro.

 6.5.07   Enforcement

 Before taking any enforcement action under this Part 5 of Chapter 6, a police officer shall ask the apparent offender’s age and reason for being in the public place.  The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception set forth in Section 6.5.03 applies.  The officer may issue a citation against the minor and/or the parent.

 6.5.08   Report to Council

 No later than one (1) year following the effective date of this Part 5 of Chapter 6, the Chief of Police, or his designee, shall prepare and present a report to the Borough manager and the Council of the Home Rule Borough of Edinboro concerning the effectiveness of and continuing need for this Part 5 of Chapter 6.  The report shall include, but not be limited to, the following information:

             (a)        The practicality of enforcing Part 5 of Chapter 6 and any problemswith enforcement identified by the Police Department and the Home Rule Borough of Edinboro.

(b)        The impact of Part 5 of Chapter 6 and support programs on juvenile crime statistics.

(c)        Number of juveniles detained for curfew violations.

(d)        The number of official citizen complaints filed regarding the enforcement of Part 5 of Chapter 6.

 6.5.09   Severability

 If any provisions, sentences, clauses, section or part of this ordinance or application thereof to any person or circumstance is for any reason found to be unconstitutional, illegal or invalid by a court of competent jurisdiction, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance.  It is hereby declared as the intent of the Council of the Home Rule Borough of Edinboro that this Ordinance would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part not been included herein.

 6.5.10  Penalties

 (a)        Any minor or parent who violates the provisions of this chapter may be issued a non-traffic summary citation.  The minor may be taken into temporary custody, in which case his or her parents or other appropriate person shall be notified and the minor shall be released into the custody of the appropriate parent or parents of the minor or to a brother or sister 18 years of age or older.  If no such person is available after reasonable efforts have been made to locate such person, then the minor shall be released to such agencies or institutions as are established for juvenile welfare.  A referral to supportive services shall be made where appropriate.

(b)        Any minor or parent who violates any provision of this Ordinance is guilty of a summary offense an, upon conviction thereof, shall be subject to fine or imprisonment as follows:

(1)        First offense:  Written warning with referral to supportive services where appropriate.

(2)        Second offense:  Fifty dollars ($50.00) with referral to supportive services where appropriate.

(3)        Third offense:  One hundred dollars ($100.00) to one hundred fifty dollars ($150.00) with referral to supportive services where appropriate.

(4)        Fourth offense:  One hundred fifty dollars ($150.00) to two hundred dollars ($200.00) with referral to supportive services where appropriate.

(5)        Fifth offense:  Two hundred dollars ($200.00) to three hundred dollars ($300.00).  Parents are subject to imprisonment for up   to ninety (90) days and minors to referral to the juvenile court system.  The Court may also refer the offender(s) to supportive services where appropriate.

(6)        Sixth and subsequent offenses:  Three hundred dollars      ($300.00) to five hundred dollars ($500.00).  Parents are subject to imprisonment for up to ninety (90) days and minors to referral to the juvenile court system.  The Court may also refer the offender(s) to supportive services where appropriate.

(c)        Any operator convicted of violating the provisions of this Ordinance for the first time shall be fined fifty dollars ($50.00) and shall be subject to imprisonment for a term not to exceed ninety (90) days.  Any operator convicted of violating the provisions of this Ordinance for the second or subsequent time shall be fined three hundred dollars ($300.00) and shall be subject to imprisonment for a term not to  exceed ninety (90) days.

(d)        Each violation of the provisions of this Ordinance shall constitute a separate offense.

Section 2.        That all Ordinances and parts thereof in conflict herewith are hereby repealed.

Section 3.        That this Ordinance shall be effective twenty days after final passage and signing by the Mayor.

DULY ORDAINED AND ENACTED this  day of November, 2008, by Council of

The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.

HOME RULE BOROUGH OF EDINBORO

Ordinance No. 563

AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY AMENDING Part 2 “Definitions”; Part 3 “Permitted Uses”; and Part 4 “Supplementary Regulations” and AMENDING ORDINANCE 561 Section 4 regarding Regulated Rental Units.

The Home Rule Borough of Edinboro hereby ordains and enacts as follows:

SECTION 1.  Ordinance 545 of the Code of the Borough of Edinboro, §27-202 definitions is hereby amended by adding the following three definitions:

STUDENT HOUSE – A type of use which is a sub-group of Regulated Rental Unit.  It is a living arrangement within a one or two-family dwelling, a Conversion Dwelling or a Townhouse by persons unrelated by blood, marriage, or legal adoption, who are attending, or about to attend undergraduate or graduate programs offered by colleges or universities, or who are on semester break, or summer break, or any combination of such persons.  The restrictions placed upon regulated rental units shall apply to Student Houses.

FAMILY – Any number of individuals living and cooking together as a single housekeeping unit, including not more than three (3) unrelated individuals.  The term “unrelated” shall include any individual who is unrelated by blood, marriage or legal adoption to any individual residing in the unit, but excludes domestic servants and minor foster children.  The definition of Family shall not apply to Regulated Rental Units occupied and licensed as Student Houses. 

CONVERSION DWELLING– A large single family home divided into two or more dwellings.

Add to definition of NON CONFORMING USE, the following sentence:   Note: for clarification purposes this is also known in commonly accepted terms as “Grandfathered”

Delete from definitions, the term; GRANDFATHER CLAUSE     (Ord. 561 Sec. 1 )

SECTION 2. 

Ordinance 561 Section 2, Amendments to Table 306.10 are deleted

Ordinance 561 Section 4 is deleted and Ordinance 545 of the Code of the Borough of Edinboro, §27-416 “Regulated Rental Units:” is hereby amended as follows:

Chapter 27 – 416   (New)  (Ord. 563)

      REGULATED RENTAL UNITS

    All dwellings and dwelling units within the Borough may be rented and occupied by persons meeting the definition of Family in Chapter 2 of the Zoning Ordinance.  Licensing is required for all Regulated Rental Units by Borough Ordinance 496 and 554

      STUDENT HOUSE

        In addition to the licensing requirements for Regulate Rental Units, Student Houses are subject to the following supplemental regulations. 

A.     No Single-Family Home, Townhouse, Duplex, or Conversion Unit, used as a Student House shall be located on a lot, any portion of which is closer to another lot containing a Student House than a distance determined by multiplying twenty (20) times the minimum lot width required for a single-family dwelling in the district in which the Student House is located. 

B.      No more than one dwelling unit in a two-family dwelling may be used as a Student House.

C.      At least one dwelling unit in a Conversion Dwelling must be owner occupied.

D.     No more than one structure on a lot may contain a Student House

E.      For purposes of this Section, the distance requirements as provided for in Section 2 (A) shall be measured from the closest portion of the lot of an existing Student House to the closest portion of the proposed Student House lot.

SECTION 3.  Ordinance 545 of the Code of the Borough of Edinboro, §27-306 “Permitted Uses, Conditional Uses and Special Exceptions” is hereby amended as follows:

Chapter 27- 306.10

Delete “Multi-Family Dwellings” from Special Exceptions section of R-2 “Single-Family and Limited Multi-Family Residential District”.

SECTION 4.  LEGISLATIVE INTENT

Legislative Intent of Chapter 27 – 416 (Section 2 above)

The proliferation of student rentals in traditional family dwellings puts a substantial burden on our Police, Zoning and Code Enforcement staff and on the all volunteer Fire Department.  The proliferation also leads to lower municipal revenue. It is very difficult keeping up with the demand for these essential services with the very lean budgets and staffs that these departments must operate with. The Borough does not posses the financial means to increase the Borough staff to meet the increasing demand for services without increasing taxes which are already among the highest in Erie County.

Proceeding with this legislation will serve to protect the public health, safety and welfare in several ways.  This legislation will help ensure that the Borough can afford to provide the essential services and also keep neighborhoods to a manageable mix to reduce frustration and the chances for conflicts that happen between student renters and their retired and/or family oriented neighbors.

Certain uses in the various zoning districts, while compatible with other lawful uses, can be detrimental to the quiet use and enjoyment by others of their property if concentrated in the same neighborhood   The Borough Council has determined that undue concentration can be avoided by mandating a minimum distance of separation between these uses.  Thus the essential nature of the various districts can be maintained while providing a broad level of inclusion for the variety of uses that enrich our community. 

It is the intent and purpose of this Ordinance that the remaining terms, provisions and sections of Ordinance 545 of 2007 and Chapter 27 as well as Ordinance 561 are hereby ratified and reenacted.

Legislative Intent of Chapter 27- 306.10 ( Section 3 above)

Prohibit additional multi family dwellings within R-2 neighborhoods in order to preserve the rural character and small town atmosphere and to prevent the proliferation of student rental property within the Borough

DULY ORDAINED AND ENACTED this ___11___day of ___August___, 2008, by Council of

The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.

 Borough Ordinance 26-104-11-2 requires that our water customers change their Dual Check Device (Backflow Preventor) once every five (5) years as per the manufacturer’s recommendation.  This requirement helps protect our customers from possible waterborne contamination in their drinking water.

 Replacement is to be performed in accordance with a replacement schedule. Residents will be notified the month prior to their scheduled replacement date. The first replacements are scheduled for January 2008.

In order to ensure that the proper replacement interval is maintained, customers are asked to replace the device within 60 days of their individual customer notification letter from Borough of Edinboro.

 The Dual Check Devices are available at Borough Office during regular business hours and cost is $35 for the 5/8” and 3/4” sizes and $45.00 for 1” size.

Borough will not be responsible for replacing the device.

 For verification of replacement, the resident must return the old device to the Borough office during regular business hours.  

Installation diagrams and instructions are available at the Borough Building. Installation of he the Dual Check Device can easily be accomplished by the majority of mechanically inclined residents. 

 A list of local plumbers is also available at Borough office.  If you use a plumber, be sure that the plumber leaves you the old Dual Check Device so that you can turn it in at the Borough Building for credit.