Borough of Canton, PA

Thursday, April 16, 2026

Chapter AO. Adopting Ordinance

ATTACHMENTS

Chapter FS. Fee Schedule

[Resolution No. 2024-1: A Resolution of the Borough of Canton Establishing A General Fee Schedule and Charges

and Repealing All Resolutions Inconsistent Therewith]

Whereas, the Council of the Borough of Canton, desires to establish a general fee schedule and to repeal all

resolutions inconsistent herewith.

Now, Therefore, Be It Resolved, that effective January 14, 2019, the following General Fee Schedule and Charges

be established for the Borough of Canton to remain in effect until changed by appropriate action of Borough Council:

§ FS-101. General Fee Schedule and Charges.

Subject Fee

Requests for Public Records

Postage Actual cost of mailing

Photocopies $.25 per page

Certification of a public record $5.00 per record

Specialized documents (blue prints, color copies, non-standard sized

documents)

Actual cost

Note: prepayment will be required if the fees are expected to exceed $100.

Administrative Fees

Delinquent invoice:

After 30 days $15.00

After 60 days 10% annually

After 90 days it will be turned over to a collection agent

Returned check/insufficient funds bank fee $30.00

Peddler's/Solicitor's permit (per day) $30.00

Police Department Fees

Accident/Police/Incident Report $15.00

Parking Violations:

Facing traffic $25.00

On sidewalk/curb $25.00

No parking zone $25.00

Improper parking $25.00

Blocking intersection, alley, drive, fire hydrant, crosswalk, flow of traffic $25.00

30 feet of stop sign or intersection $25.00

Double parked $25.00

Illegal parking $25.00

Subject Fee

Handicapped space (marked) $50.00

War Memorial Pool Fees

Season Pass (Family — up to 4) $160.00

Each person over "up to 4" $15.00

Season Pass (Individual) $100.00

Season Pass (Group — 10 people) $400.00

Each person over "10" $35.00

10 Day Punch Card $25.00

Daily pass (adult and student) $5.00

Daily pass (age 4 and under) $3.00

All Night Swim $2.00

Daily pass (non-swimmers) $2.00

Adult swim $2.00

Dive Ins $2.00

DJ Nights/Teen Night $2.00

Swim Lessons $40.00 (w/pass)

$45.00 (w/o pass)

Pavilion rental $20.00 per day

Community Swim Day $300.00

Private pool party: $70.00 per hour

♦ After hours (includes pavilion, pool, bathhouse)

♦ Maximum 50 people

♦ If concession stand open, another $10.00 per hour

$20 discount on season passes prior to opening day

Street Department Fees

Sterling Dump Truck $100.00/hr plus wages for driver

Ford F550 Truck $100.00/hr plus wages for driver

Backhoe $100.00/hr plus wages for driver

Roller $50.00/hr plus wages for driver

Sweeper $120.00/hr plus wages for driver

Lawnmower $10.00/hr plus wages for driver

Weedeater $10.00/hr plus wages for operator

Chipper $20.00/hr plus wages for operator

Snowblower $20.00/hr plus wages for operator

Metal plate $10.00 per day

Mileage IRS approved rate

Anti skid Actual cost

Salt Actual cost

Cold Patch Actual cost

Pipe Actual cost

Street Supervisor straight wage $30.51per hour

Street Supervisor overtime wage $41.21 per hour

Full Time Street Employee straight wage $26.16 per hour

Full Time Street Employee overtime wage $35.00 per hour

Part Time Street Employee straight wage $11.60 per hour

Subject Fee

Part Time Street Employee overtime wage $17.40 per hour

Street Excavation

Street Opening Permit (flat fee) $150.00 + $1.00 per square foot

Street Opening Permit when it includes boring (flat fee) $200.00 + $1.00 per square foot

Weekend opening, boring and excavation (flat fee) $250.00 + $1.00 per square foot

Supplemental fee for each extension and submitted charge $15.00

Supplemental fee for Emergency Permits $20.00

Additional fee if applications are not filled out on the first available busi-

ness day

$20.00

Additional fee if restoration work is not completed within six (6) months of

street opening permit application

$100.00

Zoning Fees

Zoning Permits:

Accessory Development $30.00

Residential Development $100.00

Non-Residential Development $300.00

Signs: Fees for the issuance of Zoning Permits for the erection or place-

ment of all signs shall be as follows:

Specific Non-Commercial Signs $15.00

Nonconforming Uses Signs $20.00

Business Identification Signs $50.00

Billboards or Advertising Sign Boards $75.00

Certificate of Use Permit $25.00

Reconsideration of Application $50.00

Zoning Hearing $500.00

Includes 1/2 of the stenographer fee and non-refundable Continuance

Fee

$200.00

Conditional Use Hearing $500.00

Includes 1/2 of the stenographer fee and non-refundable Continuance

Fee

$200.00

Special Exception Hearing $500.00

Includes 1/2 of the stenographer fee and non-refundable Continuance

Fee:

$200.00

Variance Hearing $500.00

Includes 1/2 of the stenographer fee and non-refundable Continuance

Fee:

$200.00

Ordinance Amendment $500.00

Zoning Map Amendment $500.00

Certificate of Nonconformance $25.00

Temporary Use:

Initial permit $50.00

Additional day each $10.00

Seasonal temporary use $100.00

Assessment Permit Fees

Detached garage less than 1,000 square feet $100

Pole barn or other agricultural building $100 (plus $.50/square foot over 500

square feet)

Subject Fee

All other structures

Outbuildings (storage buildings, gazebos, sheds, etc.) — 150 square feet

and over

$75 (plus $.50/square foot over 500

square feet)

Open deck with floors less than 30" above grade including concrete pad $75

Mobile home and/or manufactured home $150

Mobile home park $100 (plus $10.00/every space over

50)

Fences under 6' high $50

Sidewalks $50

Roofing $50

Siding $50

Fence and Walls Ordinance Waiver Fee $50

Rental Inspection Fees

Property Registration Fee $50 per rental property

Rental Occupancy Permit Fee Waived for initial inspection

$25 per occupancy change

Inspection Fee $50 Single family

$40 Duplex per unit

$35 Multi family per unit

Subsequent Inspection Fee $25 per unit

No Show Inspection Fee $20 per inspection

Code Enforcement (SWEEP)

QOL-000, Violation of Property Maintenance Code $100.00

QOL-001, Storing of Hazardous Material $100.00

QOL-002, Borough Permit to be Displayed $100.00

QOL-003, Accumulation of Rubbish or Garbage $50.00

QOL-004, Animal Maintenance and Waste/Feces Cleanup $50.00

QOL-005, Disposal of Rubbish or Garbage, Dumping $50.00

QOL-006, High Weeds, Grass or Plant Growth $50.00

QOL-007, Littering or Scattering Rubbish $50.00

QOL-008, Motor Vehicles $50.00

QOL-009, Outside Placement of Indoor Appliances/Furniture $50.00

QOL-010, Ownership Presumption of Waste, Trash and/or Recyclables

for Illegal Dumping and Illegal Hauling

$50.00

QOL-011, Storage Containers for Waste or Trash $50.00

QOL-012, Placement of Littering by Private Advertising Matter $50.00

QOL-013, Snow and Ice Removal from Sidewalks $50.00

QOL-014, Swimming Pools $50.00

QOL-015, Burning $50.00

Appeal Hearing Application fee Amount three times the fine

Floodplain Fees

Per Code Inspections, Inc.

Building Permit Fees (UCC)

Per Code Inspections, Inc.

Further Resolved, that if any provision, sentence, clause, section or part of this Resolution shall for any reason be

found to be unconstitutional, illegal or invalid, such determination shall not affect or impair any of the remaining

[1]

provisions, sentences, clauses, sections or parts of this Resolution, and it is hereby declared to be the intent of the

Borough Council of the Borough of Canton that this Resolution would have been adopted had such unconstitu-

tional, illegal or invalid provision, sentence, clause, section or part not been included herein.

Further Resolved, that all Resolutions or parts of Resolutions inconsistent with this Resolution are hereby super-

seded.

Further Resolved, that the aforesaid schedule shall represent a limited, but not exhaustive list of fees and charges

which may be imposed by the Borough of Canton.

Further Resolved, that fees are subject to change by Resolution; please contact the Canton Borough Office to

confirm.

Resolved, this 2 day of January, 2024.

Attest:

(Seal)

Canton Borough

Bradford County

Amy C. Seeley

Borough Secretary

Michael D. Shultz

President

Chapter 1. Administration and Government

ATTACHMENTS

Attachment 1 - Public Record Review-Duplication Request

Attachment 2 - Denial of Request to Review and-or Duplicate

PART 1. BOROUGH MANAGER

§ 1-101. Creation of the Office.

[Ord. No. 2023-613, 12/11/2023

[1]

]

The office of Borough Manager is hereby created by the Borough of Canton.

Editor's Note: This ordinance also repealed former Part 1, Borough Administrator, adopted by Ord. 312, 5/10/1976; as

amended by Ord. 470, 9/14/1998.

§ 1-102. Appointment and Removal.

[Ord. No. 2023-613, 12/11/2023]

The Borough Manager shall be appointed for an indefinite term by a majority of all members of Council. The

Borough Manager shall serve at the pleasure of the Council and he may be removed at any time by a majority vote

of all its members. At least 90 days before any such removal is to be effective, the Council shall furnish the Borough

Manager with a written statement setting forth its intention to remove him.

§ 1-103. Qualifications.

[Ord. No. 2023-613, 12/11/2023]

The Borough Manager shall be chosen solely on the basis of executive and administrative abilities with special

reference to the duties of the office as herein outlined. The Borough Manager is encouraged to be a resident of the

Borough, but such residency is not a requirement.

§ 1-104. Bond.

[Ord. No. 2023-613, 12/11/2023]

Before entering upon his duties the Borough Manager shall give a bond to the Borough with a bonding company as

surety, to be approved by the Council, in a sum to be determined by the Council conditioned upon the faithful

performance of his duties. The premium for said bond to be paid by the Borough.

§ 1-105. Borough Manager Employment Agreement.

[Ord. No. 2023-613, 12/11/2023]

An employment agreement shall be executed between the Council and the Borough Manager. The following topics

will be considered: salary, hours of work, vacation and any other terms and conditions of employment.

§ 1-106. Powers and Duties.

[Ord. No. 2023-613, 12/11/2023]

The Borough Manager shall be the chief administrative officer of the Borough and shall be responsible to the

Council as a whole for the proper and efficient administration of the affairs of the Borough placed in his charge.

The powers and duties of administration of all Borough business shall be vested in the Borough Manager.

Subject to recall by ordinance of Council, the powers and duties of the Borough Manager shall include the

following:

To assist the Council in fixing wages, salaries and other conditions of employment of all persons under his

supervision.

To prepare and submit to Council, before the close of each fiscal year, a budget for the next fiscal year,

together with whatever explanations of the budget are reasonably necessary. In preparing the budget the

Borough Manager, or an officer designated by him, shall obtain from the head of each department, agency

or board or any qualified officer thereof, estimates of revenues and expenditures and such other supporting

data as is required. The Borough Manager shall review such estimates and may revise them before

submitting the budget to Council.

To be responsible for the administration of the budget after its adoption by the Council.

To develop, in conjunction with the preparation of the yearly budget, long range fiscal plans for the

Borough, such plans to be presented annually to the Council for its review and adoption.

To hold such other Borough offices and to head such Borough departments as the Council may from time

to time direct.

To attend all meetings of Council and its committees with the right to take part in the discussions. The

Borough Manager shall receive notice of all special meetings of Council and its committees.

To prepare the agenda for each meeting of Council and to supply information to the Council that they will

need in considering the items on the agenda.

To keep the Council informed as to the conduct of Borough affairs; to submit periodic reports on the

condition of the Borough finances and such other reports as the Council requests; to make

recommendations to the Council as he deems advisable.

To submit to Council, as soon as possible after the close of the fiscal year, a complete report on the

finances and the administrative activities of the Borough for the preceding year.

To see, with the help of the Borough Solicitor, when needed, that provisions of all franchises, leases,

permits and privileges granted by the Borough are observed.

To advise the Council in regard to hiring experts and consultants that the Borough may need to do work for

the Borough and to advise the Council in connection with any of the functions of the Borough.

To attend, with the help of the Borough Solicitor when needed, to the letting of contracts in due form of law.

The Borough Manager, with the help of the Borough Solicitor when needed, shall supervise the

performance and faithful execution of these contracts except insofar as such duties are expressly imposed

by statute upon some other Borough Officer.

To see that all money owed the Borough is promptly paid and that proper proceedings are taken for the

security and collection of all the Borough claims.

To serve as purchasing officer of the Borough and to purchase in accordance with the provisions of the

Borough Code all supplies and equipment for the agencies, boards, departments and other offices of the

Borough. The Borough Manager shall keep an account of all purchases and shall, at each regular monthly

meeting of the Council, make a full written report thereof. He shall also issue rules and regulations, subject

to the approval of Council, governing the procurement of all Borough supplies and equipment.

To investigate and dispose of, or to designate an officer to investigate and dispose of, all complaints

regarding Borough services. All complaints regarding Borough services shall be referred to committee

chairmen or appropriate Borough personnel.

To assist the Borough Solicitor in preparing such ordinances and regulations as the Council may direct.

To maintain contact with agencies and persons outside the Borough in connection with matters that affect

the Borough and to bring information to the Council from these agencies and persons so that the Council

can make the best possible decisions in regard to Borough business.

§ 1-107. Disability or Absence of the Borough Manager.

[Ord. No. 2023-613, 12/11/2023]

If the Borough Manager becomes ill or needs to be absent from the Borough, the Council shall designate some

other person or persons to perform the duties of the Manager during his/her absence or disability.

PART 2. PLANNING COMMISSION

§ 1-201. Creation of Commission.

[Ord. 216, 12/10/1958; as revised by Ord. 470, 9/14/1998]

A Borough Planning Commission to be composed of five members, appointed as provided by law (53 P.S. § 10202),

is hereby created in and for the Borough. The Planning Commission shall perform all duties and may exercise all

powers conferred by law upon Borough planning agencies; provided, the Planning Commission previously created

in and for the said Borough shall constitute the tenure of any of the members thereof, but any and all vacancies in

the said Commission, hereafter occurring, shall be filled in the manner and for the term provided in the law

governing Borough planning commissions in effect at the time of the happening of the said vacancy.

PART 3. NONUNIFORMED MUNICIPAL PENSION PLAN

§ 1-301. Name.

[Ord. 388, 12/2/1985; as amended by Ord. 470, 9/14/1998]

The pension program name shall be the "Borough of Canton Nonuniformed Municipal Pension Plan."

§ 1-302. Effective Date.

[Ord. 388, 12/2/1985]

The effective date of this pension plan shall be December 1, 1984.

§ 1-303. Eligibility.

[Ord. 388, 12/2/1985; as amended by Ord. 484, 11/13/2000]

In order for a Borough employee to be eligible to participate in this pension program, the employee must have

completed his or her probation period for the Borough and be 18 years of age or older.

§ 1-304. Contributions.

[Ord. 388, 12/2/1985; as amended by Ord. 395, 1/12/1987; by Ord. 417, 12/12/1988; by Ord. 420, 6/12/1989; and by

Ord. 479, 3/13/2000]

The Borough agrees to pay 15.25% of each eligible employee's annual salary into the pension program. Also, if an

eligible employee wants to make additional voluntary contributions to his or her plan, they shall be permitted to do

this.

§ 1-305. Retirement Benefits.

[Ord. 388, 12/2/1985]

At the time the employee retires he or she will have the option to take his or her retirement in a lump sum or by

periodic payments and he or she will have the right to make the decision of how he or she wants to take these

payments at that time.

§ 1-306. Trustee.

[Ord. 388, 12/2/1985; as amended by Ord. 470, 9/14/1998]

The municipal pension fund shall be under the direction of the Council of this Borough or such committee or persons

as the Council of this Borough may, from time to time, designate by resolution, who shall act a trustee of the pension

fund and such trustees shall have full responsibility for the administration of the program established hereunder and

shall hold, invest, reinvest and distribute all funds or other property received pursuant hereto in trust for the

purposes of this Part. The trustee for the pension program shall be the Canton Borough Council or any committee

composed of Council members that the Council designates to act as trustee for it.

§ 1-307. Investment.

[Ord. 388, 12/2/1985]

The investment of the contributions made by the Borough and the eligible members shall be directed by the trustee.

§ 1-308. Vesting.

[Ord. 388, 12/2/1985]

If the employee reaches normal retirement age, which is 65 years of age, or if he or she elects to take early

retirement which will be when he or she reaches 62 years of age or if the employee becomes totally disabled he or

she will be eligible to receive 100% of his or her pension. If the employee has worked for the Borough for six full

years of full-time employment and then leaves the employment of the Borough he or she will be entitled to receive

the cash value of the amount that has been invested by the pension program for that employee. This payment will

be made to the employee at the time when the employee would normally retire or when the employee would take

early retirement at age 62 if the employee decides to take early retirement or when the employee becomes totally

disabled. If an employee leaves the employment of the Borough prior to the time that he or she has worked for the

Borough as a full-time employee for six full years, the employee shall be entitled to receive from the pension

program the amount that has been paid into the pension program from the employee's monies, together with

interest, if any, earned by such monies while in the pension program. If such termination or discontinuance of

employment is due to death, such refund of money shall be paid to the employee's designated beneficiary, or in the

absence thereof, to his or her estate.

§ 1-309. Administration.

[Ord. 388, 12/2/1985; as amended by Ord. 470, 9/14/1998]

As stated above, the municipal pension fund shall be under the direction of the Council of this Borough or such

committee or persons as the Council of this Borough may, from time to time, designate by resolution, who shall

act as trustee of the pension fund and such trustees shall have full responsibility for the administration of the

program established hereunder and shall hold, invest, reinvest and distribute all funds or other property

received pursuant hereto in trust for the purposes of this Part. The trustee may receive at any time and from

time to time gifts, grants, devises or bequests to the pension fund of any money or property, real, personal or

mixed, to be held by the trustee in trust for the benefit of this fund and in accordance with the provisions hereof.

The trustee shall be subject to such rules and regulations as may, from time to time, be adopted by the Council

of this Borough by ordinance or resolution. The trustee shall have full power and authority by a majority action

of its members either directly or through their designated representatives to do all acts, execute, acknowledge

and deliver all instruments and to exercise for the sole benefit of the participants hereunder any and all powers

and discretion necessary to implement and effectuate the purposes of this Part, including for purposes of

illustration but not limited to any and all of the following:

To hold, invest and reinvest all funds received pursuant to this Part in such legal investments as may be

authorized as legal investments under the laws of the Commonwealth:

To enter into contracts or deposit agreements on behalf of this Borough with one or more insurance

companies in order to provide the pension and other benefits herein set forth and to pay the premiums and

deposits required by the purchase of said contracts.

To retain or purchase as an investment any form of annuity of similar nature and to exercise with respect

thereto any right or incident of ownership.

To retain any property which may at any time become an asset of the fund as long as said trustees may

deem it advisable.

To make distribution of the monies in the fund in accordance with the terms of this Part.

§ 1-310. Transfer or Assignment.

[Ord. 388, 12/2/1985]

The pension payments, hereunder provided for, shall not be subject to attachment, execution, levy, garnishment or

other legal process and shall be payable only to the participant or his designated beneficiary. No participant or his

beneficiary shall have any right to alienate, encumber or assign any assets of the fund held by the trustees on his

behalf or any of the benefits or payments or proceeds of any contract or agreement purchased or acquired by the

Borough hereunder. Any contract or agreement purchased or acquired pursuant to this Part upon the life of such

participant shall contain a provision, in substance, that to the extent permitted by law none of the benefits or

payments or proceeds of such contract or agreement shall be subject to any legal process by any creditor of such

participant or beneficiary of such participant.

§ 1-311. Distribution of Surplus Funds.

[Ord. 388, 12/2/1985; as added by Ord. 455, 2/13/1995; and as amended by Ord. 534, 3/12/2007]

Any general municipal pension system State aid received pursuant to the General Municipal Pension State

System Program, and/or the Municipal Pension Plan Funding Standard and Recovery Act, 53 P.S.

§§ 895.101-895.803, shall be used to meet Canton Borough's minimum obligations to its two pension funds, the

defined benefit Police Pension Fund and the defined contribution Nonuniformed Municipal Pension Fund.

The two pension plans are authorized by the following:

Police Pension: Ordinance Nos. 437, 408, 397, 389, 301 and 586.

Nonuniformed Municipal Pension: Ordinance Nos. 417 and 388.

Any general municipal pension system State aid funds remaining after meeting the minimum annual financial

obligations to both pension plans shall be deposited into the defined benefit police pension fund.

The excess 2005 State aid allocation placed in the Nonuniformed Municipal Pension Plan will be reallocated to

the Police Pension Plan.

The excess 2000 through 2005 excess municipal contributions in the amount of $4,383 be withdrawn from the

members' accounts and reimbursed to the Borough.

PART 4. POLICE PENSION PLAN

§ 1-401. Eligibility.

[Ord. 301, 1/13/1975; as amended by Ord. 389, 1/6/1986; and by Ord. 483, 11/13/2000]

Each policeman who is employed by this Borough on a full-time basis who shall have 25 years of continuous service

with this Borough and who shall have attained the age of 50 years of age shall retire (unless the Council of this

Borough or its designee shall elect by the application of uniform and consistent standards on a nondiscriminatory

basis to defer such retirement) and be entitled to receive pension or retirement benefits as hereinafter provided.

"Continuous service" shall mean full-time employment with this Borough including periods of absence which are

approved by the Council of this Borough or which arise by operation of law. Any member of the police force who has

been a regularly appointed employee of this Borough for a period of at least six months and who thereafter shall

enter into the military service of the United States shall have credited to his employment record for pension or

retirement benefits all of the time spent by him in such military service if such person returns or has heretofore

returned to his employment within six months after his separation from the service. Any participant retiring

hereunder shall be subject to serve, from time to time, as a police reserve in cases of riot, tumult or preservation of

the public peace until unfit for such service, whereupon he may be finally discharged from reserve service by reason

of age or disability. Each policeman who is employed by this Borough on a full-time basis who shall have 20 years of

continuous service with this Borough and who shall have attained 50 years of age, shall have the option of early

retirement.

§ 1-402. Retirement benefits.

[Ord. 301, 1/13/1975; as amended by Ord. 408, 4/11/1988; by Ord. 437, 6/10/1991; and by Ord. 470, 9/14/1998]

The amount of pension or retirement benefits payable under this program shall be a sum equal to 1/2 of the

monthly average compensation of the participant during the last 60 months of employment, payable monthly

during the balance of participant's life following actual retirement. Such pension or retirement benefits for any

month shall consist of:

Any pension benefits from pension plans heretofore established by a private organization or association for

the members of the police force but only to the extent that the Commonwealth or any of its municipalities

shall have contributed to such pension plan monies raised by taxation.

Benefits from the pension fund established hereunder to the extent necessary any month to 1/2 of the

aforesaid monthly average salary.

Pension payments made under the provisions of this Part shall not be a charge on any other fund in the

treasury of the Borough or under its control save the police pension fund.

Average Compensation.

On any given date the average of an employee's monthly pay on the 60 latest compensation dates (all

compensation dates if less than this number) ending before such given date.

Pay as used in this definition means the total earnings paid to an employee by the employer. Earnings as

used in this definition includes salary, court pay, holiday pay, overtime pay and any other remuneration.

§ 1-403. Contributions.

[Ord. 301, 1/13/1975]

Each participant hereunder shall contribute monthly into the pension fund established hereunder an amount

equal to a certain percentage, not to exceed 8%, of his total monthly compensation. This percentage to be

determined by the Borough each year by resolution depending on the amount needed each year to provide

adequate funds for the police pension fund. All such contributions by the participant shall be deducted by the

Borough from the participant's salary. Any balance of needed annual contributions shall become the obligation

of the Borough and shall be paid to the pension fund by annual appropriations. Any payments made by the

Commonwealth of Pennsylvania for the Borough for police pension purposes shall be used as follows:

To reduce the unfunded liability of the Borough on account of pensions payable hereunder, and after such

liability has been funded;

To apply against the annual obligation of the Borough for future service cost or, to the extent that the

payment may be in excess of such obligation;

To reduce participants' contributions.

§ 1-404. Vesting.

[Ord. 301, 1/13/1975; as amended by Ord. 389, 1/6/1986; by Ord. 512, 12/8/2003; and by Ord. 566, 5/14/2012]

The pension shall vest in the participant after 12 years of full-time employment with the Canton Borough Police

Department. The participant shall have the right to designate the beneficiary or beneficiaries on any life insurance

that is used in the retirement plan. However, the Borough shall be the owner of all monies or property paid into the

fund or annuities or policies purchased from insurance companies hereunder except for the proceeds from any life

insurance which shall be paid to the beneficiary or beneficiaries that the participant names. However, the Borough

shall be entitled to all other monies or property paid into the fund prior to the time a participant has had 12 years of

full-time employment with Canton Borough. Provided, however, that each participant shall be entitled in the event of

termination or discontinuance of his employment with the Borough for reasons other than retirement or death to

have returned to him the total amount of all such monies paid by him into the pension fund, together with interest, if

any, earned by such monies while in the police pension fund. If such termination or discontinuance of employment is

due to death, such refund of money shall be paid to the participant's surviving spouse, dependent children,

designated beneficiary or, in the absence thereof, to his estate.

§ 1-405. Administration.

[Ord. 301, 1/13/1975]

The police pension fund shall be under the direction of the Council of this Borough, or such committee or

persons as the Council of this Borough may, from time to time, designate by resolution, who shall act as trustee

of the pension fund and such trustees shall have full responsibility for the administration of the program

established hereunder and shall hold, invest, reinvest and distribute all funds or other property received

pursuant hereto in trust for the purposes of this Part. The trustees may receive at any time and from time to

time gifts, grants, devises or bequests to the pension fund of any money or property, real, personal or mixed, to

be held by them in trust for the benefit of this fund and in accordance with the provisions hereof. The trustees

shall be subject to such rules and regulations as may, from time to time, be adopted by the Council of this

Borough by ordinance or resolution. The trustees shall have full power and authority by a majority action of its

members either directly or through their designated representatives to do all acts, execute, acknowledge and

deliver all instruments and to exercise for the sole benefit of the participants hereunder any and all powers and

discretion necessary to implement and effectuate the purpose of this Part including, for purposes of illustration

but not limited to, any and all of the following:

To hold, invest and reinvest all funds received pursuant to this Part in such legal investments as may be

authorized as legal investments under the laws of the Commonwealth of Pennsylvania.

To enter into contracts or deposit agreements on behalf of this Borough with one or more insurance

companies in order to provide the pension and other benefits herein set forth and to pay the premiums and

deposits required by the purchase of said contracts.

To retain or purchase as an investment any form of annuity or contracts of similar nature and to exercise

with respect thereto any right or incident of ownership.

To retain any property which may at any time become an asset of the fund as long as said trustees may

deem it advisable.

To make distribution of the monies in the fund in accordance with the terms of this Part.

§ 1-406. Transfer or Assignment.

[Ord. 301, 1/13/1975]

The pension payments herein provided for shall not be subject to attachment, execution, levy, garnishment or other

legal process and shall be payable only to the participant or his designated beneficiary. No participant or his

beneficiary shall have any right to alienate, encumber or assign any assets of the fund held by the trustees on his

behalf or any of the benefits or payments or proceeds of any contract or agreement purchased or acquired by the

Borough hereunder. Any contract or agreement purchased or acquired pursuant to this Part upon the life of such

participant shall contain a provision in substance that to the extent permitted by law none of the benefits or

payments or proceeds of such contract or agreement shall be subject to any legal process by any creditor of such

participant or beneficiary of such participant.

§ 1-407. Prior Pension Assets and Benefits.

[Ord. 301, 1/13/1975]

All contracts, agreements or funds held by the Borough for the purpose of providing pensions, annuities or

retirement income or any of them on any policeman who shall be a participant in the program herein established

shall be and hereby are transferred and assigned to the fund herein created. After such transfer the police pension

fund shall assume the liability, if any, of continuing the payment of pensions to members of the police force retired

prior to such transfer in accordance with the laws and regulations under which such members were retired.

§ 1-408. Expense of Administration.

[Ord. 301, 1/13/1975; as amended by Ord. 389, 1/6/1986; and by Ord. 470, 9/14/1998]

The expense of administering this pension fund program, including compensation of an actuary, any custodian of

the fund and any other charges or expenses related thereto, exclusive of the payment of pensions, shall be paid by

the Borough by appropriations made by the Council of the Borough unless the law provides that the Borough can do

this differently. If the law provides that the Borough can do this differently, then the Borough will determine this by

resolution or ordinance.

§ 1-409. Effective Date.

[Ord. 301, 1/13/1975]

The amendment of this Part shall become effective upon its passage and publication as provided by law.

§ 1-410. Additional Benefits.

[Ord. 301, 1/13/1975; as added by Ord. 389, 1/6/1986; and as amended by Ord. 469, 12/8/1997; by Ord. 512,

12/8/2003; and by Ord. 566, 5/14/2012]

In situations where the police officer is killed while in service for the Borough the police officer's spouse or

children under 18 years of age (23 years of age if child or children attend college), shall be provided with a

benefit which shall begin as soon after the officer's death as it is reasonably possible to get it established and

shall be set at 100% of final salary. Also, a pension benefit shall be provided to a spouse or to the children

under 18 years of age (23 years of age if child or children attend college) of a police officer who dies after

having obtained eligibility to receive a pension benefit. This means that the police officer was pensioned when

he/she died or that he/she was eligible by reason of age and service for retirement pension or a vested pension

when he/she died. The amount of this pension is to be set at 100% of final salary.

Disability Benefits. A disability benefit shall be provided to police officers who suffer a permanent job related

injury that occurs while in service as a police officer.

"In Service" has been defined to mean while in the performance of duties.

The amount of benefits will be equal to 50% of the officer's final salary offset by any Social Security

benefits, payable until the officer reaches his normal retirement date, death or recovery.

§ 1-411. Accrued Benefit.

[Ord. 301, 1/13/1975; as added by Ord. 397, 3/9/1987]

In addition to other limitations set forth in the plan and notwithstanding any other provisions of the plan, the accrued

benefit, including the right to any optional benefit provided in the plan (and all other defined benefit plans required to

be aggregated with this plan under the provisions of Section 415 of the Internal Revenue Code), shall not increase

to an amount in excess of the amount permitted under Section 415 of the Internal Revenue Code of 1986 as set

forth in the Tax Reform Act of 1986.

§ 1-412. Distribution of Surplus Funds.

[Ord. 388, 12/2/1985; as added by Ord. 453, 12/-/1994; as amended by Ord. 455, 2/13/1995; and by Ord. 534,

3/12/2007]

Any general municipal pension system State aid received pursuant to the General Municipal Pension State

System Program, and/or the Municipal Pension Plan Funding Standard and Recovery Act, 53 P.S.

§§ 895.101-895.803, shall be used to meet Canton Borough's minimum obligations to its two pension funds, the

defined benefit Police Pension Fund and the defined contribution Nonuniformed Municipal Pension Fund.

The two pension plans are authorized by the following:

Police Pension: Ordinance Nos. 437, 408, 397, 389 and 301.

Nonuniformed Municipal Pension: Ordinance Nos. 417 and 388.

Any general municipal pension system State aid funds remaining after meeting the minimum annual financial

obligations to both pension plans shall be deposited into the defined benefit police pension fund.

The excess 2005 State aid allocation placed in the Nonuniformed Municipal Pension Plan will be reallocated to

the Police Pension Plan.

The excess 2000 through 2005 excess municipal contributions in the amount of $4,383 be withdrawn from the

members' accounts and reimbursed to the Borough.

§ 1-413. Disability.

[Ord. 301, 1/13/1975; as added by Ord. 470, 9/14/1998; as amended by Ord. 512, 12/8/2003; and by Ord. 566,

5/14/2012]

If a police officer is terminated after a certified physician chosen by the Borough determines the officer is totally

and permanently disabled from a job related occurrence, the officer is entitled to receive a monthly disability

pension as set forth below.

The disability must occur before the officer reaches retirement age.

The disability pension shall be in lieu of and not in addition to the normal monthly police pension retirement

benefits.

The disability pension shall be based on 50% of the officer's final salary offset by any Social Security

benefits.

The liability of the Borough and the pension plan to the police officer shall be limited to the amounts

payable under any such disability income contract at the time said disability occurs.

The liability of the Borough and the pension plan to the police officer shall be offset by any benefits from

workmen's compensation insurance.

Neither the Borough nor the pension plan shall be liable or responsible for any other payments or benefits

set forth herein except any vested benefit to which the police officer may be entitled.

Disability, as used in this Section, shall be construed to mean total and permanent disability incurred in

service.

PART 5. CANTON BOROUGH AUTHORITY

§ 1-501. Desire and Intention to Organize.

[Ord. 174, 3/7/1961]

It is the desire and intention of the municipal authorities of the Borough of Canton, situated in Bradford County,

Pennsylvania, to organize an authority under the "Municipality Authorities Act of 1945," approved May, 1945, its

supplements and amendments for the purpose of exercising any and all of the powers conferred by said Act.

§ 1-502. Name of Authority.

[Ord. 174, 3/7/1951]

The name of the proposed authority is "Canton Borough Authority."

§ 1-503. Articles of Incorporation.

[Ord. 174, 3/7/1951; as amended by Ord. 229, 7/17/1963; by Ord. 382, 12/3/1984; by Ord. 428, 2/12/1990; and by

Ord. 589, 2/13/2017]

The proposed Articles of Incorporation of said Authority are as follows:

ARTICLES OF INCORPORATION

CANTON BOROUGH AUTHORITY

To the Secretary of the Commonwealth of Pennsylvania:

In compliance with the Municipality Authorities Act of 1945, its supplements and amendments, the Borough of

Canton situated in Bradford County, Pennsylvania, pursuant to an ordinance duly adopted by the municipal

authorities of said municipality, signifying its desire and intention to form an Authority, hereby certifies:

A. The name of the Authority shall be:

CANTON BOROUGH AUTHORITY

B. This Authority is formed under the Municipality Authorities Act of 1945, its supplements and amend-

ments.

C. No other Authority organized under the Municipality Authorities Act of 1945, its supplements or

amendments or under the Act approved June 18, 1939, P.L. 463, its supplements or amendments, is

in existence in or for the incorporating municipality named herein.

D. The name of the incorporating municipality is:

THE BOROUGH OF CANTON

E. The names and addresses and of the Mayor and the members of the Council of the Borough of

Canton, such persons being the municipal authorities of said municipality, are as follows: [Here fol-

lowed the names and addresses of the Mayor and the members of the Council.]

F. The membership of the Board of the Authority shall consist of five members, each of whom shall be a

taxpayer in, maintain a business in or be a citizen of the municipality by which he is appointed or be a

taxpayer in, maintain a business in or be a citizen of a municipality into which one or more of the

projects of the Authority extends or is to extend or to which one or more of said projects has been or is

to be leased and not more than two nonresidents of Canton Borough shall be appointed to the Board.

The members shall be appointed to the Board by the Council of Canton Borough for a term of five

years.

G. The names, address and terms of office of the first members of the Board of the Authority to be formed

hereby are as follows: [Here followed the names, addresses and terms of office of the first members of

the Board of the Authority.]

H. Whenever a vacancy shall, for any reason, exist in the Board of the Authority, the vacancy shall be

filled by the municipal authorities of the municipality.

I. The term of existence of the Authority shall be increased to extend to 50 years from the date of the ap-

proval of these Articles of Amendment by the Secretary of the Commonwealth.

§ 1-504. Members of the Board.

[Ord. 174, 3/7/1951]

The following persons, hereinafter designated as appointees of the Borough of Canton, are hereby appointed

members of the Board of the Authority with the following terms of office: [Here followed the names, addresses and

terms of office of the members of the Board of the Authority.]

§ 1-505. Execution of the Articles of Incorporation.

[Ord. 174, 3/7/1951]

The Articles of Incorporation of said Authority, in substantially the form set forth in § 1-503 of this Part, shall be

executed on behalf of the Borough of Canton by the President of Council and the Mayor of the Borough of Canton

and under its municipal seal attested by the Secretary of the said Borough and such officers are hereby authorized,

empowered and directed to do all things necessary and appropriate to effect and establish the said Authority in

conformity with the "Municipality Authorities Act of 1945," its amendments and supplements.

§ 1-506. Purpose.

[Ord. 174, 3/7/1951]

The adoption of this Part is deemed necessary for the benefit and preservation of the public health, peace, comfort

and general welfare and will increase the prosperity of the people of the Borough of Canton.

PART 6. RECOGNITION OF FIRE DEPARTMENT

§ 1-601. Fire Company Recognized.

[Ord. 571, 6/9/2014]

The Canton Fire Department/Innes Hose Company/Canton Fire Relief, organized and existing in the Borough of

Canton, Bradford County, Pennsylvania, is hereby designated as the officially recognized fire company in the

Borough.

§ 1-602. Authorized Activities of the Fire Company and/or Members of the

Fire Company.

[Ord. 571, 6/9/2014]

Authorized activities of members of a volunteer fire department are as authorized under Section 601(a)(1) of the

Workers' Compensation Act, or other sections of the Workers' Compensation Act, as amended.

§ 1-603. Authorized Non-Firefighting Activities of the Fire Company and/

or Members of the Fire Company.

[Ord. 571, 6/9/2014]

Non-firefighting activities that members of the volunteer fire company participate in are not covered by Workers'

Compensation unless the non-firefighting activities are authorized by the Canton Borough Council at an official

meeting and are adopted by resolution. The volunteer fire company may submit a list of non-firefighting activities to

the Canton Borough Council for review prior to the January meeting of each year.

§ 1-604. Purpose.

[Ord. 571, 6/9/2014]

The purpose of this Part is to recognize the Canton Fire Department/Innes Hose Company as the official fire

company of the Borough.

§ 1-605. Fire Police.

[Ord. 571, 6/9/2014]

According to the By-Laws, as amended, of the Innes Hose Company, Inc., aka Canton Fire Department, Article II,

Section 2.3, "Fire Police," will be accepted by the host municipality and sworn in by the Mayor.

PART 7. (RESERVED)

PART 8. ANNEXATION OF TERRITORY

A.. Changing the Limits of Canton Borough by Admitting a Section

of Territory Lying Adjacent to and Along the North and East

Boundary Lines of the Borough.

§ 1-801. Changing the Borough Limits by Admitting a Section of Territory

Adjacent to and Along the North and East Boundary Lines of the

Borough.

[Ord. 17, 6/18/1896]

The limits of the Borough of Canton shall henceforth be extended by the admission of the section hereinafter

described so that the said section shall forever hereafter be deemed and taken and allowed to be a part of said

Borough of Canton and subject to the jurisdiction and government of the municipal authorities of said Borough as

fully as if same had been originally a part of said Borough. The courses and distances of the boundaries of said

section are as follows:

Beginning at the northwest corner of Canton Borough, thence north 22° 20 feet D. through lands of Martin Lynch,

James Davison estate, across Armenia Road, through lands of William Chapman, H. Goff estate, Frank Mayo and

E.L. Davenport estate, 2,273 feet to a point in the north line of lands of the E.L. Davenport estate; thence south 81°

50 feet east through lands of the E.L. Davenport estate, across the Troy Road, through lands of the J.G. Scudder

estate, across Northern Central Railroad Company's right-of-way, through lands of Frank Elliott, across the

Minnequa Road 2,376 feet to an iron pin in lands of Fanny Davenport McDowell; thence south 4° 35 feet west

through lands of Fanny Davenport McDowell and Frank Elliott, 861 feet to a stake and stones on lands of Mrs. B.

Benedict, 1,369 feet to the southwest corner of a large pile of stones on lands of T.M. Fassett; thence by the same

course over lands of said T.M. Fassett 1,381 feet to an iron pin on the south bank of Mill Creek at Colin A. Innes'

west line; thence south 4° 50 feet west along the west line of Colin A. Innes' 3,096 feet to the center of the road on

the south side of Towanda Creek; thence by the same course 823 feet to a stake and stones on lands of James O.

Randall; thence south 58° 30 feet west through lands of James O. Randall and over lands of Lathan Andrews 830

feet to the southeast corner of Canton Borough; thence by the east boundary line of said Borough north 4° 48 feet

east. 5, 826 feet to the northeast corner of said Borough; thence by the north boundary line of said Borough north

86° 10 feet south 3,498 feet to the northwest corner of said Borough, the place of beginning.

B.. Extending the Limits of Canton Borough on the East and

Admitting to the Borough the Territory Lying Within Said Extended

Limits.

§ 1-811. Extending the Limits of Canton Borough on the East Thereof and

Admitting to the Borough the Territory Lying within Said Extended Limits.

[Ord. 68, 1/3/1912]

The following described territory, lying adjacent to Canton Borough on the east, being the territory above

referred to and described as follows:

Beginning in the east line of Canton Borough, in the center of Mill Creek, thence north 62° 28 feet east along

the center of said creek; 240 feet; thence north 66° 50 feet east along the center of said creek 476 feet; thence

north 63° 34 feet east along the center of said creek 385 feet; thence north 50° 18 feet along the center of said

creek 589 feet to the west line of the John A. Innes farm; thence south 5° 20 feet west along the west line of the

John A. Innes farm, 3,015 feet to the center of Towanda Creek; thence south 69° 29 feet west along the center

of said creek; 323 feet, thence 70° 58 feet west along the center of said creek 580 feet; thence south 75° 32

feet west along the center of said creek 235 feet; thence south 6° 30 feet west along the center of said creek

324 feet; thence south 34° 30 feet west along the center of said creek 104 feet; thence south 60° 2 feet west

along the center of said creek 294 feet to the east line of Canton Borough; thence north 5° 20 feet east along

the east line of canton 2,708 feet to the center of Mill Creek, the place of beginning containing 85 and 66/100

acres.

The same is hereby admitted to the Borough of Canton as a part thereof and subject to the jurisdiction and

government thereof.

C.. Extending the Limits of Canton Borough on the North and

Admitting the Territory Lying within Said Extended Limits.

§ 1-821. Extending the Limits of the Borough on the North and Admitting

to the Borough the Territory Lying Within Said Extended Limits.

[Ord. 71, 10/2/1912]

The following described territory lying adjacent to Canton Borough on the north being the territory above

referred to and described as follows:

Beginning at an iron pin in the north Borough line and in the east line of the Northern Central Railroad

Company's right-of-way thence north 15° east along the east side of the Northern Central Railroad Company's

right-of-way 485 feet to an iron pin in the northwest corner of E. A. Furman's land; thence south 74° 10 feet east

along the north line of E. A. Furman's land 209 feet to the center of Center Street; thence by the same course

235 feet to an iron pin in B. Benedict's land; thence south 18° 20 feet west 404 feet to the north Borough line;

thence north 85° west 233 feet along the north Borough line to the center of Center Street; thence by the same

course along the north Borough line 191 feet to the place of beginning.

Be and the same is hereby admitted to the Borough of Canton as part thereof and subject to the jurisdiction and

government thereof.

D.. Annexing Land on the North of and Adjacent to the Borough.

§ 1-831. Annexing Land on the North of and Adjacent to the Borough.

[Ord. 86, 8/4/1916]

The land within the limits herein defined be annexed to the Borough of Canton and be a part of and subject to the

jurisdiction and government thereof:

Beginning at a corner of the Borough of Canton on line of lands of J. Powers and M. Lynch, thence over lands of M.

Lynch, C. Lee and L. Teeter north 10° 49 minuets east 1,481 feet to corner of lands of Mrs. J. Elverson, L. Teeter

and A. Collins; thence north 2° 15 minutes east 888 feet to corner of lands of Mrs. F. S. Elliott, T. Furman and A.

Collins; thence south 85° 40 minutes east 945 feet; thence south 40° 20 minutes west 32 feet; thence south 85° 40

minutes east 118 feet to corner of lands of T. Furman and Mrs. F. S. Elliott in the west side of the Troy Road; thence

(1)

(2)

(3)

along the west side of the Troy Road south 8° 5 minutes west 98 feet; thence across the Troy Road and along the

north side of the crossroad to the Canton and Minnequa Road south 81° 45 minutes east 1,115 feet to the Northern

central Railway right-of-way; thence along the said right-of-way south 28° 35 minutes west 1,106 feet; thence across

the said right-of-way south 73° 38 minutes east 100 feet to an iron pipe marking a corner of Canton Borough.

PART 9. OPEN RECORDS POLICY

§ 1-901. Purpose.

[Ord. 545, 12/8/2008]

The purpose of this Policy is to assure compliance with Act 3 of 2008, The Pennsylvania Right-to-Know Law, as

amended; to provide access to public records of Canton Borough; to preserve the integrity of Canton Borough's

records; and to minimize the financial impact to the residents of the Borough regarding the resources utilized in the

receipt and processing of public record requests and the retrieval and copying of public records.

§ 1-902. Designated Open Records Officer.

[Ord. 545, 12/8/2008]

It is the policy of the Borough to require the presence of a designated employee when public records are

examined and inspected and to charge reasonable fees for duplication of public records of the Borough. Canton

Borough designates the Borough Manager as the Open Records Officer, responsible for assuring compliance

with the Pennsylvania Right-to-Know Law, in accordance with the following guidelines:

The Borough Manager may designate certain employee(s) to process public record requests.

The Borough Manager is responsible for minimizing, where possible, the financial impact to the Borough

regarding the resources utilized in the receipt and processing of public record requests and the retrieval

and copying of public records.

All requests for public records of the Borough under this Policy shall be specific in identifying and

describing each public record requested. In no case shall the Borough be required to create a public record

which does not exist or to compile, maintain, format or organize a public record in a manner in which the

Borough does not currently compile, maintain, format or organize the public record. All requests for public

records shall be submitted in writing and include the date of the request; requestor's name, address and

telephone number; certification of United States residency; signature of requestor; and if duplication is

requested, appropriate payment.

The designated employee shall make a good faith effort to determine whether each record requested is a

public record.

The Borough shall facilitate a reasonable response to a request for Canton Borough's public records. In no

case is the Borough expected to provide extraordinary staff to respond to the request, but will respond in a

manner consistent with the Borough's administrative responsibilities and consistent with the requirements

of the Pennsylvania Right-to-Know Law.

The designated employee shall respond to the requestor within five business days from the date of receipt

of the written request. If the Borough does not respond within five business days of receipt thereof, the

request is deemed denied.

The response provided by the Borough shall consist of:

Approval for access to the public record.

Review of the request by the designated employee.

Denial of access to the record requested.

If access to the public record requested is approved, the public record shall be available for access during

the regular business hours of the Borough. The designated employee shall cooperate fully with the

requester, while also taking reasonable measures to protect Borough public records from the possibility of

(1)

(2)

(3)

(4)

(5)

(6)

(7)

theft and/or modifications. The presence of a designated employee is required when public records are

examined and inspected.

Fees for duplication of public records shall be as established by the Commonwealth's Office of Open

Records. The Borough may, at its discretion, waive fees.

In the event the estimated cost of fulfilling a request submitted under this Policy is expected to exceed

$100, the designated employee(s) shall obtain the expected cost in advance of fulfilling the request to

avoid unwarranted expense of Borough resources.

If the request is being reviewed, the notice provided by the Borough shall be in writing and include the

reason for the review and the expected response date, which shall be within 30 days of the notice of

review. If the Borough does not respond within 30 days thereof, the request is deemed denied. Review of

the request is limited to situations where:

The record requested contains information which is subject to access, as well as information which is

not subject to access that must be redacted prior to a grant of access. The redacted information is

considered a denial as to that information.

The record requires retrieval from a remote location.

A timely response cannot be accomplished due to staffing limitations.

A legal review is necessary to determine whether the record requested is a public record.

The requester has failed to comply with the Borough's policy and procedure requirements.

The requester refuses to pay the applicable fees.

The extent or nature of the request precludes a response within the required time period.

Upon a determination that one of the factors listed above applies, the Borough shall send written notice to the re-

questor within five business days of receipt of the request for access. The notice shall include a statement notifying

the requestor that the request for access is being reviewed, the reason for the review, a reasonable date that a re-

sponse is expected to be provided and an estimate of applicable fees owed when the record becomes available. If

the date that a response is expected to be provided is in excess of 30 days, following the five business days al-

lowed for, the request for access shall be deemed denied unless the requestor has agreed in writing to an exten-

sion to the date specified in the notice. If the requestor agrees to the extension, the request shall be deemed de-

nied on the day following the date specified in the notice if the agency has not provided a response by that date.

If access to the record requested is denied, the notice provided by the Borough shall be in writing as

indicated on the form attached hereto entitled "Denial of Request to Review and/or Duplicate Canton

Borough Records."

If the request is denied or deemed denied, the requestor may file an appeal with the Commonwealth's

Office of Open Records within 15 business days of the mailing date of the Borough's notice of denial, or

within 15 days of a deemed denial. The appeal shall state the grounds upon which the requestor asserts

that the record is a public record and shall address any grounds stated by the agency for delaying or

denying the request.

Within 30 days of the mailing date of the final determination of the appeals officer, the requestor or Borough

may file a petition for review or other document as required by rule of court with the Court of Common

Pleas for Bradford County. The decision of the court shall contain findings of fact and conclusions of law

based upon the evidence as a whole. The decision shall clearly and concisely explain the rationale for the

decision. A petition for review under this Section shall stay the release of documents until a decision is

issued.

This Policy shall be available for review at the Borough Office.

§ 1-903. Effective Date.

[Ord. 545, 12/8/2008]

This Part shall become effective on January 1, 2009.

PART 10. SCHOOL CROSSING GUARDS

§ 1-1001. Hiring and Oversight of School Crossing Guards.

[Ord. 574, 11/10/2014]

Pursuant to Section 1127 of the Act of February 1, 1966, as amended, the Borough hereby allows the Board of

School Directors of the Canton Area School District to assume hiring and oversight of school crossing guards. Such

school crossing guards shall be authorized only in the management of traffic and pedestrians in and around areas

identified by the Police Department and the School District Superintendent or his or her designees.

§ 1-1002. School Crossing Guards not School or Civil Service

Employees.

[Ord. 574, 11/10/2014]

The school crossing guards shall not come within the civil service provision of the Act above referred to, nor shall

they fall under the bargaining unit of the School District nor be considered an employee as defined under Section

1101-A of the Act of March 10, 1949, known as the "Public School Code of 1949," or a school employee as defined

under 24 Pa.C.S.A § 8102 (relating to definitions), or under any plans hereafter effective.

§ 1-1003. School District to Indemnify Borough.

[Ord. 574, 11/10/2014]

The School District shall assume the cost of compensation, including fixing such compensation, if any, of the school

crossing guards. Auxiliary police officers, appointed as prescribed by general law, may be hired by the School

District to serve as school crossing guards. The Board of School Directors shall notify the Borough Council of those

hired to serve as school crossing guards and shall further hold the Borough harmless from and indemnify the

Borough from any and all claim or claims made, suits, judgments or recovery of any nature or kind resulting from the

action or actions or lack thereof by or on account of any such school crossing guard, designated or appointed by the

School District pursuant to this Part, and shall provide to the Borough an agreement providing for such

indemnification.

§ 1-1004. Training of School Crossing Guards.

[Ord. 574, 11/10/2014]

The Canton Borough Police Department is not currently certified to train school crossing guards. If and when the

Canton Borough Police Department becomes so certified, it will provide any necessary training and assistance of

the school crossing guards while on duty.

Part 11. CODE ENFORCEMENT

§ 1-1101. Short Title.

[Ord. 579, 5/11/2015]

This Part shall be known and may be cited as the "Code Enforcement Ordinance of the Borough of Canton."

§ 1-1102. Establishment of Office of Code Enforcement.

[Ord. 579, 5/11/2015]

Creation. There is hereby created by the Canton Borough Council an office of the Borough to be known as the

Office of Code Enforcement. The official(s) appointed thereto by the Canton Borough Council shall have the

responsibility for administration and enforcement of the provisions of this Part and of those other codes and/or

ordinances of the Borough.

Relief from Personal Liability. The Code Enforcement Officer, or other official or employee, charged with the

enforcement of this Part and those other codes and/or ordinances of the Borough who act in good faith and

without malice in the discharge of their duties shall not, while acting for the Borough, be rendered liable

personally and the Code Enforcement Officer, or other official or employee, is hereby relieved from all personal

liability from any damage that may accrue to persons or property as a result of any act, required or committed,

or any omission in the discharge of official duties. Any suit instituted against the Code Enforcement Officer,

official or employee, because of any act performed by that person in the lawful discharge of duties shall be

defended by the Borough’s Solicitor or his designee until final determination of the proceedings. The Code

Enforcement Officer, official or employee shall not be liable for costs in any action, suit or proceeding.

Official Record. The Code Enforcement Officer shall keep a written record of the activities and shall monthly

report to the Borough of Canton of the Code Enforcement Officer’s activities for the prior month.

§ 1-1103. Enforcement Authority.

[Ord. 579, 5/11/2015]

There shall be appointed by the Canton Borough Council a Code Enforcement Officer who shall be in charge of the

Office of Code Enforcement of the Borough.

§ 1-1104. Duties and Powers of Code Enforcement Officer.

[Ord. 579, 5/11/2015]

Enforcement of Codes. The Code Enforcement Officer shall enforce and administer all of the provisions of this

Part and of those other applicable codes and ordinances of the Borough, including but not limited to the

following: animals; assessment permits; bicycles; numbering of houses and buildings; property maintenance

code; fences and walls; air pollution control (burning); outdoor fuel burning appliances; storage of junk, refuse,

garbage or rubbish; noise disturbances; public nuisances; landlord/tenant registration; rental inspection;

sidewalk installation and maintenance; construction, maintenance and use of private swimming pools.

Duties. The duties of the Code Enforcement Officer, and his authorized assistants and representatives, shall

include, but not be limited to, the undertaking of such investigations and other activities as may be required to

determine compliance with the applicable codes and ordinances of the Borough; to issue all necessary notices

to abate illegal or unsafe conditions, to ensure compliance with the Borough’s Code of Ordinances for the

safety, health and general welfare of the public; and to make inspections to determine compliance with the

applicable codes and ordinances of the Borough.

Right of Entry. In the discharge of his or her duties, the Code Enforcement Officer or a designated

representative authorized by the Council may inspect structures or premises in the Borough between the hours

of 9:00 a.m. and 4:00 p.m., upon the showing of proper identification, subject to the following provisions

regarding the right to entry:

The owner, operator or occupant or other person in charge of the structure or premises may give the Code

Enforcement Officer or designated representative entry to the structure or premises upon his or her

request.

The Code Enforcement Officer or designated representative and the owner, operator or occupant or other

person in charge of the structure or premises may agree to an inspection by appointment at a mutually

convenient time.

If any owner, operator or occupant or other person in charge of any structure or premises fails or refuses to

permit entry to the structure or premises with respect to an authorized inspection, the Code Enforcement

Officer may, upon a showing that probable cause exists for the inspection, either request the issuance of a

search warrant delineating the scope of the inspection by the District Justice having jurisdiction, or petition

for and obtain an order directing compliance with the inspection requirements of this chapter from a court of

competent jurisdiction. Any person who refuses to comply with a search warrant or order issued pursuant

to this Section shall be subject to such penalties as may be authorized by law for violating of a court order

or for failing to heed a search warrant.

The assistance and cooperation of other municipal officials shall be available to the Code Enforcement

Officer to assist in the performance of his or her duties.

Legal Action. The Code Enforcement Officer shall be authorized to initiate, on behalf of the Borough,

appropriate legal actions against persons or other legal entities for violations of the Borough’s codes and

ordinances.

§ 1-1105. Effect on Pending Suits and Proceedings.

[Ord. 579, 5/11/2015]

Nothing in this Part shall be construed to affect any suit or proceeding now pending in any court, or any actions

required or liability incurred, or any cause or causes of action accrued or existing, under any act or ordinance

repealed hereby. No right or remedy of any character shall be lost, impaired or affected by this Part.

PART 12. CHECK RETURN POLICY

§ 1-1201. Service Fee.

[Ord. 588, 2/13/2017]

A service fee is hereby imposed in an amount made by resolution for any check which is submitted in payment of

any outstanding obligation and which is returned for nonpayment. The check will not be redeposited. The cost of

certified postage used in the notification process will also be charged to the delinquent account.

§ 1-1202. Inclusion of Fee on Appropriate List.

[Ord. 588, 2/13/2017]

Whenever an outstanding account is for a tax or some other municipal service, the service fee shall be included on

the appropriate list of delinquent accounts.

§ 1-1203. Collection of Service Charge.

[Ord. 588, 2/13/2017]

Any service charge authorized by this Part including the principal amount of check and certified fee shall be

collected within 10 days of the written notification in the form of a money order or cash. No checks will be accepted.

§ 1-1204. Violations and Penalties.

[Ord. 588, 2/13/2017]

Violation of any section of this Part shall result in a fine not to exceed $600, plus costs of prosecution before a

District Justice, and, in default of payment of such fine and costs, to imprisonment for a term of not to exceed 30

days.

Chapter 2. Animals

PART 1. DOGS RUNNING AT LARGE

§ 2-101. Definitions.

[Ord. 470, 9/14/1998]

As used in this Part, the following terms shall have the meaning indicated, unless a different meaning clearly

appears from the context:

OWNER

Any person having a right of property in any dog or having custody of any dog, or any person who harbors or

permits a dog to remain on or around his or her property.

RUNNING AT LARGE

Being upon any public highway, street, alley, park, or any other public land, or upon property of another person

other than the owner, and not being accompanied by or under the control of the owner or any other person

having custody of said dog.

§ 2-102. Appointment and Duties of Dog Warden.

[Ord. 470, 9/14/1998]

A Dog Warden may be appointed by Borough Council to serve during its pleasure. Such dog warden along with

the Police Department shall have concurrent responsibility for the enforcement of this ordinance and of the Dog

Law of 1982, (3 P.S. § 459-101 et seq., as hereafter amended, supplemented, modified or reenacted by the

General Assembly of Pennsylvania); provided, that he shall not have the power to make arrests under this Act

of Assembly or any other Act of Assembly or ordinance of the Borough.

The owner shall be responsible for controlling their pet(s) so they are not allowed to create a public nuisance

from lack of sanitation, inadequate housing, inhumane treatment, indiscriminate breeding, noise control,

number of animals, etc., and the pets shall not create or become a threat to the health of persons. The Dog

Warden or Borough Police Department shall determine when a situation becomes a public nuisance or a threat

to the health of a person based on their own observations, investigation or public complaints.

The Pennsylvania Dog Law, 3 Pa.C.S.A. § 459-101 et seq., governs, among other things, dogs running at large,

seizing of dogs, licensed, unlicensed and threatening dogs. Refer to the Dog Law and Ord. 248, 1/6/1969, as

amended [Chapter 10, Part 2] regarding noise disturbances.

§ 2-103. Unlawful to Allow Dogs to Run at Large.

[Ord. 470, 9/14/1998]

It shall be unlawful for the owner of any dog or dogs to allow or permit such dog or dogs to run at large in the

Borough.

§ 2-104. Seizing of Dogs.

[Ord. 470, 9/14/1998]

The dog warden or any police officer or constable may seize any dog found at large in the Borough. Such dogs are

to be impounded in a licensed kennel, SPCA or Humane Society facility.

PART 2. ANIMAL CONTROL

ARTICLE A.. Control of Animals, Birds and Fowl.

§ 2-201. Conditions for Keeping Rabbits, Pigeons or Fowl.

[Ord. 603, 9/12/2022]

No person shall keep any rabbits, fowl or pigeons anywhere in the Borough unless the following conditions are

strictly adhered to:

(1)

(2)

(3)

(4)

There shall be no violation of any provision of the Borough's Zoning Ordinance (Chapter 27).

The fowl, rabbits and pigeons shall at all times be confined to the premises of the owner.

Any person owning rabbits, fowl or pigeons at the time of adoption of the ordinance codified in this Part will

be provided a copy of the adopted ordinance and shall have 60 days to confine the rabbits, fowl or pigeons

from the date of receipt of the ordinance.

§ 2-202. Unlawful to Keep Pigs or Hogs.

[Ord. 603, 9/12/2022]

It shall be unlawful for any person to have, raise or keep any pig or pigs or hog or hogs anywhere in the Borough.

§ 2-203. Conditions for Keeping Certain Livestock.

[Ord. 603, 9/12/2022]

It shall be unlawful to keep any horse, sheep, goat, cattle or other domestic livestock, other than pigs or hogs, in

the Borough, unless the following conditions are strictly adhered to:

There shall be no violation of the Borough's Zoning Ordinance (Chapter 27).

A barn, stable or similar roofed building shall be provided on the premises for such animals and such

building shall be located at least 50 feet from any street and at least 50 feet from any inhabited dwelling.

That building shall be kept clean, with all filth accumulating in it to be removed at least once a week and

oftener if so ordered by the Borough.

Those animals shall not be permitted to run at large outside the confines of the premises of their owner.

Stables.

Every person, firm or corporation using at the time of the enactment of this Part any building or portion

of a building within the Borough of Canton as a stable for one or more horses, mules, cows, goats or

swine shall report the same in writing to the Secretary of the Board of Health within 20 days after the

date when this Part becomes effective. The said report shall include a statement of the name of the

owner or lessee of such property, the location of the same and kind of animals stabled therein.

Every person, firm or corporation who shall use any building or portion of a building as aforesaid after

the enactment of this Part shall in like manner report said use within five days of said occupancy.

Manure shall not be allowed to accumulate in or near stables or any other place for a period of more

than three days unless it is adequately protected against the breeding of flies.

Manure shall not be allowed to accumulate in any place where it can prejudicially affect any source of

drinking water. Manure shall also not be allowed to accumulate in such a way and to such an extent

that it becomes offensive to the persons who own or are using the adjoining land or the public

generally.

§ 2-204. Veal Raising, Brooder Raising and Egg Laying Businesses.

[Ord. 603, 9/12/2022]

It shall be unlawful for any person, firm, corporation and all other parties to have a veal raising business, brooder

raising business, egg laying business or any other business of a similar nature within the limits of Canton Borough.

§ 2-205. Applicability of Dog Law.

[Ord. 603, 9/12/2022]

The Pennsylvania Dog Law, 3 P.S. § 459-101 et seq., shall apply to the keeping of dogs in the Borough as well as to

their running at large.

§ 2-206. Penalty for Violation.

[Ord. 603, 9/12/2022]

Any person, persons or entity who shall violate any provision of this Part or the Ordinance codified in this Part shall

be charged with a summary offense and upon conviction sentenced to a fine of not more than $300 in addition to

attorney fees and court costs incurred in such prosecution and in default of payment be subject to a term of

imprisonment not to exceed 30 days. The Borough may also seek civil and equitable remedies under the applicable

rules of civil procedure.

B.. Prohibiting the Keeping of Animals Making Disturbing Noises or

Causing Nuisances.

§ 2-210. Intent and Purpose.

[Ord. 603, 9/12/2022]

The Borough Council of the Borough of Canton, finding that excessive levels of sound are detrimental to the

physical, mental and social well-being of the residents, as well as to their comfort, living conditions, general welfare

and safety and being therefore a public health and welfare hazard, hereby declares it to be necessary to provide for

the greater control and more effective regulation of excessive sound and the sources of excessive sound within the

Borough.

§ 2-211. Noise and Disturbance.

[Ord. 603, 9/12/2022]

It shall be illegal within the Borough of Canton for any person or persons to own, possess, harbor or control any

animal or bird which makes any noise continuously and incessantly for a period of 10 minutes and makes such

noise intermittently for 1/2 hour or more to the disturbance of any person any time of the day or night regardless of

whether the animal or bird is physically situated in or upon private property, said noise being a nuisance; provided,

that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon

private property in or upon which the animal or bird is situated nor is there any other legitimate cause which

justifiably provoked the animal or bird.

§ 2-212. Nuisance Conditions.

[Ord. 603, 9/12/2022]

No person or persons shall keep or harbor any dog, cat or other animal in the Borough so as to create offensive

odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public, or

otherwise permit the commission or existence of a nuisance as defined here.

§ 2-213. Animal Noises.

[Ord. 603, 9/12/2022]

Any dog, cat or other animal, which by frequent and habitual barking, howling, screeching, yelping or baying, or in

any way or manner disturbs the quiet of any person of the community, or which disturbs or endangers the comfort,

repose or health of persons, is hereby declared to be committing a nuisance. No owner or person having custody of

such animal shall harbor or permit it to commit such a nuisance.

§ 2-214. Animal Digging or Defecation.

[Ord. 603, 9/12/2022]

Any dog, cat or other animal which scratches, digs or defecates upon any lawn, tree, shrub, plant, building or any

other public or private property, other than the property of the owner or person in charge or control of such animal, is

hereby declared to be a nuisance.

§ 2-215. Owner Responsible to Remove Feces.

[Ord. 603, 9/12/2022]

No person being the owner or in charge or control of any dog, cat or other animal shall permit such animal to commit

a nuisance on any school grounds, Borough park or other public property, or upon any private property other than

that of the owner or person in charge or control of such dog, cat or other animal without the permission of the owner

of such property. Where the owner or person in charge or control of such animal immediately removes all feces

deposited by such animal and disposes of the same in a sanitary manner, such type of nuisance shall be considered

abated.

§ 2-216. Exceptions/Exemptions.

[Ord. 603, 9/12/2022]

Persons with defective eyesight or hearing while relying upon a dog specifically trained for these purposes shall be

exempt from compliance with this Part.

This Part shall not be deemed to prohibit or otherwise declare unlawful any agricultural operations protected from

nuisance suits by Act No. 1982-133, Section 951 et seq.

§ 2-217. Penalties.

[Ord. 603, 9/12/2022]

Any person, persons or entity who shall violate any provision of this Part or the Ordinance codified in this Part shall

be charged with a summary offense and upon conviction sentenced to a fine of not more than $300 in addition to

attorney fees and court costs incurred in such prosecution and in default of payment be subject to a term of

imprisonment not to exceed 30 days. The Borough may also seek civil and equitable remedies under the applicable

rules of civil procedure.

C.. Animal Defecation on Public and Private Property.

§ 2-220. Animal Defecation on Public and Private Property Restricted.

[Ord. 603, 9/12/2022]

No person having possession, custody or control of any animal shall knowingly or negligently permit any such

animal to commit any nuisance by defecation or urination, upon any gutter, street, driveway, alley, curb or sidewalk

in the Borough of Canton, or upon the floors or stairways of any building or place frequented by the public or used in

common by the tenants, or upon the outside walls, walkways, driveways, alleys, curbs or stairways of any building

abutting on a public street or park, or upon the grounds of any public park or public area, or upon any private

property other than the property of the owner of such animal.

§ 2-221. Disposal of Animal Feces.

[Ord. 603, 9/12/2022]

Any person having possession, custody or control of any dog or other animal which commits a nuisance as

described in Part 2B, in any area other than the private property of the owner of such dog or other animal, as

prohibited in § 2-215, shall be required to immediately remove any feces from such surface and either:

Carry same away for disposal in a toilet.

Place same in a nonleaking container for deposit in a trash or litter receptacle.

§ 2-222. Dogs Accompanying Blind or Handicapped Persons Exempted.

[Ord. 603, 9/12/2022]

The provisions of §§ 2-215, 2-220 and 2-221 shall not apply to a guide dog accompanying any blind person, or to a

dog used to assist any other physically handicapped person.

§ 2-223. Penalties.

[Ord. 603, 9/12/2022]

Any person, persons or entity who shall violate any provision of this Part or the Ordinance codified in this Part shall

be charged with a summary offense and upon conviction sentenced to a fine of not more than $300 in addition to

attorney fees and court costs incurred in such prosecution and in default of payment be subject to a term of

imprisonment not to exceed 30 days. The Borough may also seek civil and equitable remedies under the applicable

rules of civil procedure.

Chapter 3. Bicycles

PART 1. REGULATING BICYCLES, UNICYCLES, TRICYCLES,

PEDACYCLES, SKATE BOARDS, ROLLER SKATES, IN-LINE

SKATES, SCOOTERS AND SIMILAR SELF-PROPELLED

VEHICLES

§ 3-101. Bicycles, Unicycles, Tricycles, Pedacycles, Skate Boards, Roller

Skates, In-Line Skates, Scooters and Similar Self-Propelled Vehicles.

[Ord. 470, 9/14/1998]

No skate boards, roller skates, scooters and similar self-propelled vehicles and/or toys may be ridden or used

on any Borough street or alley.

No bicycles, unicycles, tricycles, pedacycles, skate boards, roller skates, in-line skates, scooters and similar

self-propelled vehicles and/or toys may be ridden or used on any sidewalk within the downtown. For purposes

of this Part, downtown shall be the Central Business District and Commercial District as defined in the

Borough's Zoning Ordinance [Chapter 27].

No bicycles, unicycles, tricycles, pedacycles, skate boards, roller skates, in-line skates, scooters and similar

self-propelled vehicles and/or toys may be ridden or used on any sidewalk or parking lot when there is an

unusually large number of pedestrians using that area, such as the sidewalks and parking lots in the vicinity of

churches at a time when the churches are being used.

No bicycles, unicycles, tricycles, pedacycles, skate boards, roller skates, in-line skates, scooters and similar

self-propelled vehicles and/or toys may be ridden or used on any sidewalks or parking lots when elderly

persons are using that area.

For the first offense, any person charged with violating this Part shall have a written warning sent to their

parents, guardian or them. Upon the second and subsequent offenses, if they are found guilty before the district

justice, they shall pay a fine of not more than $25 plus costs.

Chapter 4. Buildings

PART 1. NUMBERING OF HOUSES AND BUILDINGS

(1)

§ 4-101. Numbering Required.

[Ord. 179, 9/3/1952]

On and after the passage and approval of this Part it shall be the duty of each and every owner, trustee, lessee,

agent and occupant of each and every house, building or structure in the Borough of Canton to cause the same to

be numbered in accordance with this Part and the system and plan hereby adopted and approved.

§ 4-102. Regulations.

[Ord. 179, 9/3/1952; as amended by Ord. 456, 5/8/1995]

The numbers shall be placed in a conspicuous place on or above each front door or on the front transom bar,

front transom glass or front show window, over or on either side of the entrance, the said numbers to be at least

four inches in height, the number to be composed of engineer grade or higher grade reflective material and

shall be so placed as to be in full view from the street.

It shall be unlawful to cover any house number with any sign, drapery or other obstruction tending to conceal

such number and all old numbers shall be removed from any house, building or other structure when a new

number has been assigned and when so directed by the Borough Council.

§ 4-103. Locations.

[Ord. 179, 9/3/1952]

Center Street shall be the dividing line between east and west and Main Street shall be the dividing line

between north and south. The initial point in numbering houses on streets extending north and south shall be

Main Street and the initial point in numbering houses running east and west shall be Center Street. North of

Main Street the numbers shall commence at one and extend northerly consecutively and south of Main Street

the numbers shall commence at one and extend southerly consecutively. East of Center Street the numbers

shall commence at one and extend easterly consecutively and west of Center Street the numbers shall

commence at one and extend westerly consecutively.

All even numbers shall be on the right hand side of the streets and running consecutively in the order of

progression and all odd numbers shall be on the left hand side of the streets and running consecutively in the

order of progression starting from the corner of Center Street and Main Street which is designated as the axis.

Where a street is not on Center Street or Main Street then the street from which it runs shall be the dividing line.

The streets are laid out on the following scale:

Twenty feet to a lot in the business section which is as follows:

Starting where Troy Street commences at Lycoming Street northward to West Union Street; Main

Street commencing at Troy Street and running eastward to Minnequa Avenue; Sullivan Street

commencing at Lycoming Street and running southward to the junction of Springbrook Road and

Sullivan Street; Center Street commencing at Main Street and running northward to Union Street.

All other streets, the lots shall be 40 feet in width. One number shall be given to a lot providing there is one

dwelling. If there are two entrances or more then half numbers or whole numbers will be given in

accordance with the number of entrances used by different families.

§ 4-104. Penalties.

[Ord. 179, 9/3/1952; as amended by Ord. 456, 5/8/1995; and by Ord. 470, 9/14/1998]

Any person, firm or corporation who shall number or attempt to number any house or building contrary to this Part

and the plan hereby approved, or who shall fail or neglect to number their building or house in accordance herewith,

or who shall fail to change the number thereof on notification of the Borough Council, and any person or persons

who shall alter, deface, remove or destroy any number required to be displayed by this Part shall, upon conviction

thereof, be sentenced to pay a fine not less than $10 nor more than $600 plus costs and, in default of payment of

said fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part

continues shall constitute a separate offense.

Chapter 5. Code Enforcement

ATTACHMENTS

Attachment 1 - Assessment Permit Application for Misc Structures

Attachment 2 - Assessment Permit Fee Schedule

PART 1. PROPERTY MAINTENANCE CODE

A.. Adoption and Amendments.

§ 5-101. Adoption of Property Maintenance Code.

[Ord. 559, 6/14/2010; amended by Ord. 605, 9/12/2022]

A certain document, three copies of which are on file in the office of the Borough Secretary/Treasurer/Administrator

of the Borough of Canton, being marked and designated as the International Property Maintenance Code, 2018

Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance

Code of the Borough of Canton, in the Commonwealth of Pennsylvania, for regulating and governing the conditions

and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and

facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for

occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the

demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees

therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property

Maintenance Code on file in the office of the Borough of Canton are hereby referred to, adopted, and made a part

hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in

§ 5-102 of this Part.

§ 5-102. Additions, Insertions and Changes.

[Ord. 559, 6/14/2010; amended by Ord. 605, 9/12/2022]

The following sections are hereby revised:

Section 101.1 Insert: The Borough of Canton

Section 103.5 Insert: To be adopted as a fee resolution by Borough Council.

Section 106.2 Remove: Entire contents

Insert: Violation Penalties. Any person who shall violate a provision of

this code, or fail to comply therewith, or with any of the require-

ments thereof, shall be guilty of a summary offense and be sen-

tenced to a fine of not more than $300 in addition to attorney's

fees and court costs incurred in such prosecution; and in default

of payment, be subject to a term of imprisonment not to exceed

30 days. Each day that a violation continues after due notice has

been served shall be deemed a separate offense.

Section 106.3 Remove: Entire contents

Insert: Abatement of violation. The imposition of the penalties herein pre-

scribed shall not preclude the legal officer of the jurisdiction from

instituting appropriate action to restrain, correct or abate a viola-

tion, or to prevent illegal occupancy of a building, structure or

premises, or to stop an illegal act, conduct, business or utilization

of the building, structure or premises.

Section 106.4 Remove: Entire contents

Section 107 Remove: Entire contents

Section 108 Renumber to 107

Section 109 Renumber to 108

Section 110 Renumber to 109

Section 111 Renumber to 110

Section 112 Renumber to 111

Section 112.4 Insert: Not less than $100 dollars or more than $1,000 dollars

Section 302.4 Insert: Six inches

Section 304.14 Insert: May 1 to October 15

Section 602.3 Insert: October 1 to April 30

Section 602.4 Insert: October 1 to April 30

§ 5-103. Saving Clause.

[Ord. 559, 6/14/2010; amended by Ord. 605, 9/12/2022]

Nothing in this Part 1A or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or

proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action

acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any

character be lost, impaired or affected by this Part 1A.

PART 2. UNIFORM CONSTRUCTION CODE

A.. Election to Enforce.

§ 5-201. Election to Enforce Pennsylvania Construction Code Act.

[Ord. 516, 6/14/2004; amended by Ord. 606, 9/12/2022]

Canton Borough hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act,

Act 45 of 1999, as amended from time to time, and its regulations through an Intermunicipal Agreement with the

Eastern and Western Bradford County Councils of Government and their appointed, certified third party agency,

Code Inspections, Inc.

§ 5-202. Uniform Construction Code Adopted.

[Ord. 516, 6/14/2004; amended by Ord. 606, 9/12/2022]

The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 through 405, as amended from time to

time, is hereby adopted and incorporated herein by reference as the municipal building code of Canton Borough.

§ 5-203. Violation.

[Ord. 516, 6/14/2004; amended by Ord. 606, 9/12/2022]

Any person, firm, corporation violating any provisions of the Pennsylvania Uniform Construction Code, shall be

charged with a summary offense, be sentenced to a fine of not more than $300 in addition to attorney fees and court

costs incurred in such prosecution and in default of payment and be subject to a term of imprisonment not to exceed

30 days.

§ 5-204. Administration and Enforcement.

[Ord. 516, 6/14/2004; amended by Ord. 606, 9/12/2022]

Administration and enforcement of the Code within Canton Borough shall be undertaken in any of the following

ways as determined by the governing body of Canton Borough from time to time by resolution:

By the designation of an employee of Canton Borough to serve as the municipal code official to act on

behalf of the Borough;

By the retention of one or more construction code officials or certified third-party agency(ies) to act on

behalf of the Borough;

By agreement with one or more other municipalities for the joint administration and enforcement of this Act

through an intermunicipal agreement;

By entering into a contract with another municipality for the administration and enforcement of this Act on

behalf of Canton Borough;

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.

§ 5-205. Board of Appeals.

[Ord. 516, 6/14/2004; amended by Ord. 606, 9/12/2022]

A Joint Board of Appeals shall be established by resolution of the Eastern and Western Bradford County Councils of

Government 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.

§ 5-206. Savings and Repeals.

[Ord. 516, 6/14/2004; amended by Ord. 606, 9/12/2022]

All building code ordinances or portions of ordinances which were adopted by Canton 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.

All building code ordinances or portions of ordinances which are in effect as of the effective date of the

ordinance codified in this Part and whose requirements are less that the minimum requirements of the

Code are hereby amended to conform with the comparable provisions of the Code.

All relevant ordinances, regulations and policies of Canton Borough not governed by the Code shall remain

in full force and effect.

§ 5-207. Fees.

[Ord. 516, 6/14/2004; amended by Ord. 606, 9/12/2022]

Fees assessable by Canton Borough and the Eastern and Western Bradford County Councils of Government for the

administration and enforcement undertaken pursuant to this Part and collected by the Eastern and Western

Bradford County Council of Governments for its use as allowed by law and established under agreement with Code

Inspections, Inc.

B.. Miscellaneous Structures Not Reviewed Under the Uniform

Construction Code.

§ 5-211. Statement of Intent.

[Ord. 518, 10/18/2004]

The intent of this Part 2B is to inform the Municipality on construction of structures that do not require permits under

the Pennsylvania UCC for assessment purposes.

§ 5-212. Applicability.

[Ord. 518, 10/18/2004]

It shall be unlawful for any person, partnership or business or corporation to undertake, or cause to be undertaken

the construction, renovation or repair of any agricultural building, manufactured housing, historical building,

accessory or miscellaneous-use structure less than 500 square feet which is non-habitable and limited to one story

anywhere within the Municipality unless an approved assessment permit has been obtained from the Municipality.

§ 5-213. Abrogation and Greater Restrictions.

[Ord. 518, 10/18/2004]

This Part 2B supersedes any provisions currently in effect. However, any underlying ordinance shall remain in full

force and effect to the extent that those provisions are more restrictive.

§ 5-214. Municipal Liability.

[Ord. 518, 10/18/2004]

This Part 2B shall not create liability on the part of the Municipality or any officer or employee thereof for any

damages that result from reliance on this Part 2B or any administrative decision lawfully made hereunder.

§ 5-215. Application Procedures.

[Ord. 518, 10/18/2004]

Application for such an assessment permit shall be made in writing to the Borough of Canton Secretary, on

forms provided by the Eastern and Western Bradford County Council of Governments' Codes Enforcement

Committee. Such application shall contain at least the following:

Name and address of applicant.

Name and address of owner of land on which proposed construction is to occur.

Name and address of contractor.

Site location.

Brief description of proposed work and estimated cost.

A plan of the site showing the size and location of the proposed construction as well as any existing

buildings or structures with setback dimensions.

§ 5-216. Issuance of Assessment Permit.

[Ord. 518, 10/18/2004]

The Borough of Canton Secretary shall issue an assessment permit only after if has been determined that the

proposed work to be undertaken will be in conformance with the requirements of this and all other applicable

codes or ordinances.

After the issuance of an assessment permit, no changes of any kind shall be made to the application, permit, or

any of the plans, specifications or other documents submitted with the application without the written consent or

approval of the Municipality.

[1]

§ 5-217. Start of Construction.

[Ord. 518, 10/18/2004]

Work on the proposed construction shall begin within six months from the date of issuance of the assessment

permit. The proposed construction shall be completed within 12 months after the date of issuance of the

assessment permit. Construction shall be considered to have started with the first placement of permanent

construction to the site, such as pouring of slabs or footings or any work beyond the stage of excavation. For a

structure without a basement or poured footings the start of construction includes the first permanent framing or

assembly of the structure of any part thereof on its pilings or foundation or the affixing of any prefabricated structure

to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling,

excavation for basement, footings, piers or foundations, erection of temporary forms, or installation of piling under

proposed subsurface footings.

§ 5-218. Fees.

[Ord. 518, 10/18/2004]

A fee schedule is attached.

[1]

Editor's Note: See "Assessment Permit Fee Schedule (Structures Not Covered Under the PA UCC)" following this

Part.

§ 5-219. Penalties.

[Ord. 518, 10/18/2004]

Any person who fails to comply with any or all of the requirements or provisions of this Part 2B or who fails or

refuses to comply with any notice, order, or direction of the Building Official or any other authorized employee of the

Municipality, shall be guilty of an offense and, upon conviction shall pay a fine to the Municipality of not less than

$25 nor more than $300, plus costs of prosecution. In addition to the above penalties all other actions are hereby

reserved including an action in equity for the proper enforcement of this Part 2B. The imposition of a fine or penalty

for any violation of, or noncompliance with, this Part 2B shall not excuse the violation or noncompliance or permit it

to continue; and all such persons shall be required to correct or remedy such violations and noncompliances within

a reasonable time.

§ 5-220. General.

[Ord. 518, 10/18/2004]

Unless specifically defined below, words and phrases used in this Part 2B shall be interpreted so as to give this Part

2B its most reasonable application.

§ 5-221. Specific Definitions.

[Ord. 518, 10/18/2004]

AGRICULTURAL BUILDING

A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to

house poultry, livestock or other farm animals. The term shall not include habitable space or spaces in which

agricultural products are processed, treated or packaged and shall not be construed to mean a place of

occupancy by the general public.

CONSTRUCTION

The construction or relocation of a building or structure.

MANUFACTURED HOUSING

Under Section 901(a) of the Act, 35 P.S. § 7210.901(a), housing which bears a label as required by and

referenced in the Manufactured Housing Act, 35 P.S. §§ 1656.1-1656.9, certifying that it conforms to Federal

construction and safety standards adopted under the National Manufactured Housing Construction and Safety

(1)

(2)

(3)

(4)

(5)

Standards Act of 1974, 42 U.S.C.A. §§ 5401-5426.

STRUCTURE

Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings

sheds and other similar items.

PART 3. FENCES AND WALLS

§ 5-301. Definitions.

[Ord. 582, 9/14/2015; amended by Ord. 607, 9/12/2022]

For the purpose of this Part, the following terms, phrases, words or their derivations shall have the meaning given

herein. When not inconsistent with the context, words used in the present tense include the future, words in the

plural number include the singular number, and words in the singular number include the plural number and the

word "shall" is always mandatory and not merely directory:

BOROUGH

The Borough of Canton, Bradford County, Pennsylvania.

COUNCIL

The Council of the Borough of Canton, Bradford County, Pennsylvania.

ENFORCEMENT OFFICER

The Borough's appointed Zoning Enforcement Officer, Code Enforcement Officer or other designated agent,

under this Part or any other person designated by resolution of the Canton Borough Council.

PERSON

A person owning any premises within the Borough.

§ 5-302. Fences and Walls.

[Ord. 582, 9/14/2015; amended by Ord. 607, 9/12/2022]

Except as specified below, fences and retaining walls may be permitted in any yard or along the edge of any

yard in all zoning districts. The following provisions are not applicable for agricultural fences:

A permit shall be obtained authorizing the construction, erection or replacement of any fence or wall or any

part of a fence or wall. For fences six feet and under an assessment permit through the Borough is

required. For fences over six feet a building permit through Code Inspections, Inc., is required. The

application for a permit authorizing the construction, erection or replacement of any fence or wall or any

part of a fence or wall shall include:

The type and material of the fence or wall.

The height of the fence or wall.

A drawing, sketch or plot plan of the lot including all existing buildings and structures, easements,

utilities, the location of the fence or wall and the dimensions between the fence or wall and structures

on the lot and the dimensions to all lot lines.

Written notice of approval of the installation of the fence or wall within any easement and any

conditions of the use thereof from the easement holder.

A permit is not required for the routine maintenance of fences or walls or for the relocation or

construction of fences or walls relocated or constructed to accommodate a public improvement project.

All fences shall be constructed of materials normally manufactured for, used as, and, recognized as,

fencing materials such as: wrought iron or other decorative metals suitable for the construction of fences,

fired masonry, brick, concrete, stone, chain link, metal tubing, wood planks, and vinyl or fiberglass

composite manufactured specifically as fencing materials. Fence materials shall be materials approved for

exterior use and are weather and decay resistant.

No landowner shall use: rope; string; wire products including, but not limited to, chicken wire, hog wire, wire

(1)

(2)

(3)

(4)

(5)

(1)

fabric, barbed wire, razor wire and similar welded or woven wire fabrics; chain; netting; cut or broken glass;

paper; corrugated metal panels; galvanized sheet metal; plywood; or fiberglass panels in any fence or any

other materials that are not manufactured specifically as fencing materials. No landowner shall construct a

fence or wall of used, damaged or unsafe materials.

All fences or walls shall be installed with the finished side facing the adjoining street or property. The

finished side shall be considered the side without structural supporting or mounting members.

Fences or walls in a front yard shall not exceed 36 inches in height, shall be an open-type of fence (such

as picket, metal post, wrought iron or split rail) and shall not obstruct visibility. No fence or wall shall block a

motorist's view of pedestrians or of vehicles entering or exiting the property.

In a residential district on a corner lot at the intersection of two streets the maximum height of a fence shall

be 36 inches along the street from which the residence takes its address; the maximum in other yards shall

be eight feet.

No fence or wall along side yards or rear yards shall exceed eight feet in height.

Fences that are not within a residential district shall have a maximum height of 10 feet.

A maximum height of 12 feet shall be permitted where the applicant proves to the Zoning and/or Code

Enforcement Officer that such taller height is necessary to protect public safety around a specific hazard,

such as around an electric substation.

All fence heights shall be measured from the average surrounding ground level.

No fence or wall shall be installed within two feet of any public or private street or right-of-way.

All fences and walls shall be installed and maintained a minimum of one foot from all side and rear lot lines.

All gates that adjoin any lot line shall swing inward (toward the landowner's yard).

No landowner shall construct a fence, wall, guy wire, brace or any fence post upon or protruding over a

street line or adjoining property.

Fencing requirements for in-ground or above-ground swimming pools are per regulations of the Uniform

Construction Code or other regulations specifically designed for swimming pools.

A temporary garden fence can be utilized from May to October and may be constructed from chicken wire

fencing.

Maintenance. All fences and walls shall be maintained by the landowner of the property in compliance with

the requirements of this Part including, but not limited to, the following maintenance standards:

The landowner of the fence or wall is responsible for the routine lawn maintenance of all areas

between the fence or wall and the adjoining property or street line including weeding and grass cutting

and trimming.

The landowner shall repair broken, damaged, removed or missing parts of a fence or wall within the

time frame prescribed below in § 5-304 of this Part. The repair shall be with the same material, or

material with comparable composition, color, size, shape and quality of the original fence or wall to

which the repair is being made.

All fences and walls shall be maintained in sound structural condition.

The landowner shall maintain fences and walls, including those existing prior to the adoption of this

Part, at all times in a state of good repair, safe and secure condition.

Existing fences or walls that were constructed prior to the adoption of this Part that were constructed

with materials not currently permitted by this Part may be maintained as long as no part of the fence or

wall is or becomes unsafe, dilapidated or a public nuisance. If the Borough determines the existing

fence or wall is unsafe, dilapidated or a public nuisance the fence or wall must be repaired with

materials approved by this Part or removed. For purposes of this Section, a "dilapidated fence or wall"

means a fence or wall which is decayed, deteriorated or fallen into partial ruin.

Fences or Walls Within Easements.

No fence or wall shall be located within any area of any easement that would adversely affect the

(2)

(3)

function of the easement or conflict with the easement agreement.

Approval by the Borough to place a fence or wall upon a utility easement does not waive the obligation

of the landowner of the fence or wall to remove the fence or wall upon demand of the easement

holder. The landowner of the fence or wall shall remove and rebuild the fence or wall at the

landowner's expense.

The landowner of a fence or wall shall be responsible for the design, construction and maintenance of

the fence or wall and shall be so as not to interfere with the function of the easement or normal

drainage.

Prior to the installation of any fence or wall, the landowner should verify the limits of the property lines that

may be in question. In situations where the property line is in doubt, the Zoning and/or Code Enforcement

Officer may require the property owner to have a professional land surveyor determine and mark the

property line in question.

§ 5-303. Waivers.

[Ord. 582, 9/14/2015; amended by Ord. 607, 9/12/2022]

A waiver of any requirement or provision set forth in § 5-302 of this Part may be granted at the discretion of the

Borough Council.

Any person seeking a waiver from any requirement or provision of § 5-302 of this Part shall submit said

waiver request in writing to the Borough Secretary at least 30 days prior to the next regularly scheduled

Borough Council meeting as well as any fees that may be established by resolution for administration and

notification costs and expenses associated with processing the waiver request.

Upon receipt of written waiver request and fee, the Borough shall notify adjoining property owner(s) of said

waiver request at least 10 days prior to the next regularly scheduled Borough Council meeting when the

waiver request shall be considered.

All waiver request decisions by the Borough Council shall be final.

§ 5-304. Written Notice to Violators Required.

[Ord. 582, 9/14/2015; amended by Ord. 607, 9/12/2022]

Whenever a condition constituting a violation of this Part occurs, Council shall cause written notice to be served

upon the owner in one of the following manners:

By making personal delivery of the notice to the landowners.

By handing a copy of the notice at the residence of the landowner to an adult member of the family with

which the landowner resides, but if no adult member of the family is found, then to an adult person in

charge of such residence.

By affixing a copy of the notice to the door at the entrance of the premises in violation.

By mailing a copy of the notice to the last known address of the owner by regular and/or certified mail.

By publishing a notice in a local newspaper of general circulation within Bradford County, Pennsylvania,

once a week for three successive weeks. Such notice shall set forth in detail the condition that constitutes a

violation, whether removal is required by the Borough or whether the violation can be corrected by repairs,

alterations, or in other some way, confining and limiting the violation.

Such notice shall require the owner to commence action in accordance with the terms of the notice within seven

days of receipt of the notice and thereafter to comply fully with its terms within 30 days, with all materials to be

supplied and work to be done at the landowner's expense; provided, however, if any provision of this Part is

violated, and if the circumstances require immediate corrective measures, such notice shall require the

landowner to immediately comply with the terms of the notice.

§ 5-305. Penalty for Violation.

[Ord. 582, 9/14/2015; amended by Ord. 607, 9/12/2022]

Council determines this Part to be a building, housing, property maintenance, health, fire and public safety

ordinance.

Any person violating any provision of this Part shall be charged with a summary offense, be sentenced to a

fine of not more than $300 in addition to attorney fees and court costs incurred in such prosecution and in

default of payment and be subject to a term of imprisonment not to exceed 30 days.

Council may direct the removal, repair, or alterations to any such dangerous structure by the landowner or

occupier of the premises, and in default of which Council may cause the same to be done, and collect the

cost thereof, together with a penalty of 10% of such cost, and attorney's fees of 5% of the claim, and may

pursue collection in the manner of municipal claims, or by an action of assumpsit, or by an action in equity,

to compel the landowner or occupier of the premises to comply with the terms of any notice of violation; or

seek any such other relief as a court of competent jurisdiction is empowered to afford.

§ 5-306. Designation of Enforcement Officer.

[Ord. 582, 9/14/2015; amended by Ord. 607, 9/12/2022]

This Part shall be enforced by the Canton Borough Code Enforcement Officer, or by any other person

designated, subsequent to the enactment of this Part, by resolution adopted in public session by the Canton

Borough Council.

This Borough Code Enforcement Officer is authorized to perform all duties necessary and appropriate to be

performed in the view of Canton Borough related to this Part including, but not necessarily limited to, making all

necessary inspections, and enforcement of violations and penalties.

PART 4. QUALITY OF LIFE AND VIOLATIONS TICKET PROCESS

§ 5-401. Purpose.

[Ord. 604, 9/12/2022]

Lack of maintenance of properties, littering, improper storage of trash and rubbish, storage of inoperable/

nonregistered vehicles, and accumulation of snow and ice are costly problems that contribute to the deterioration of

property values and general disorder in a community. These problems degrade the physical appearance of the

Borough, which reduces business and tax revenue, inhibiting economic development. The quality of life and

community pride of the citizens of Canton are negatively impacted by the occurrences and existence of these

activities. Recognizing these are community problems, the purpose of this Part is to promote the health, safety and

general welfare of the Borough by helping to create a clean environment for the citizens of Canton.

§ 5-402. Definitions.

[Ord. 604, 9/12/2022]

The following words, terms and phrases, when used in this Part, shall be defined as follows, unless context clearly

indicates otherwise:

AUTHORIZED LITTER RECEPTACLE

Is a litter collection receptacle which is placed on the public right-of-way or on public property by the Borough

for use by the public to deposit small quantities of hand-held trash, but not household or commercial waste.

DEBRIS

Any material upon the premises that is a residue of structural demolition, or any other material that is not neatly

stored, stacked or piled in such a manner so as not to create a nuisance or become a harboring place or food

supply for insects and rodents.

DUMPING

Includes, but is not limited to, depositing of litter, depositing durable goods (refrigerators, washers, dryers, etc.),

small appliances, furniture, carpets, tires, vehicles, vehicle parts and automotive products, and other such

municipal waste, hazardous waste, residual waste and construction or demolition debris on public or private

property, except as authorized by law.

GARBAGE

The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

HAZARDOUS WASTE

Any waste material or a combination of solid, liquid, semisolid, or contained gaseous material that because of

its quantity, concentration, physical, chemical or infectious characteristics may:

Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or

incapacitating illness.

Pose a substantial present or potential hazard to human health or the environment when improperly

treated, stored, transported or disposed of or otherwise managed.

HOUSEHOLD HAZARDOUS WASTE (HHW)

Waste which would be chemically or physically classified as a hazardous waste, but is excluded from regulation

as a hazardous waste because it is produced in quantities smaller than those regulated by the Pennsylvania

Department of Environmental Protection, and because it is generated by persons not otherwise covered as

hazardous waste generators by those regulations. Such HHW materials meet one of the following four

classifications: toxic, flammable, reactive or corrosive. HHW consists of numerous products that are common to

the average household such as: pesticides and herbicides, cleaners, automotive products, paints and acids.

INDOOR FURNITURE

Any and all pieces of furniture which are made for only inside use including, but not limited to, upholstered

chairs and sofas, etc.

JUNKED VEHICLE

Any vehicle which presents a hazard or danger to the public or is a public nuisance by virtue of its state or

condition of disrepair. The following conditions, if present, are examples of a state or condition of disrepair:

Rusted and/or jagged metal on or protruding from the body of the vehicle.

Broken glass or windows on or in the vehicle.

Leaking of any fluids from the vehicle or deflated or flat tire(s).

Unsecured and/or unlocked doors, hood or trunk.

Storage or placement of the vehicle in an unbalanced condition, on concrete blocks or other similar

apparatus.

Harboring of rodents, insects or other pests.

The foregoing examples are not inclusive of all conditions which may constitute a state or condition of

disrepair. See all "motor vehicle nuisance."

LITTER

Includes, but is not limited to, all waste material, garbage, trash, i.e., waste paper, tobacco products, wrappers,

food or beverage containers, newspapers, etc., municipal waste, human waste, domestic animal waste,

furniture or motor vehicle seats, vehicle parts, automotive products, shopping carts, construction or demolition

material, recyclable material, and dirt, mud and yard waste that has been abandoned or improperly discarded,

deposited or disposed.

LOCAL RESPONSIBLE AGENT

Any person residing or working within the County of Bradford designated to accept service on behalf of a legal

owner or operator of a rental dwelling unit.

MOTOR VEHICLE

Any type of mechanical device, capable or at one time capable of being propelled by a motor, in which persons

or property may be transported upon public streets or highways, and including trailers or semitrailers pulled

thereby.

MOTOR VEHICLE NUISANCE

A motor vehicle with one or more of the following defects:

Broken windshields, mirrors or other glass, with sharp edges.

Broken headlamps, tail lamps, bumpers or grills with sharp edges.

10.

11.

12.

13.

Any body parts, truck, firewall, or floorboards with sharp edges or large holes resulting from rust.

Protruding sharp objects from the chassis.

Missing doors, windows, hood, trunks or other body parts that could permit animal harborage.

One or more open tires or tubes or open areas on the vehicle which could permit animal harborage.

Any vehicle suspended by blocks, jacks or other such materials in a location which may pose a danger to

the public, property owners, visitors, or residents of the property on which said vehicle is found.

Any excessive fluids leaking from the vehicle which may be harmful to the public or the environment.

Disassembled body or chassis parts stored in, on or about the vehicle.

Vehicles that do not display a current, valid license and registration.

Such other defects which the Police Department and/or Fire Department determines to be a danger to the

general public or property.

Motor vehicles parked, drifted or otherwise located which may interfere with the flow of pedestrian or

automobile traffic or impede emergency efforts.

Any other condition which would constitute a violation of the Canton Borough Property Maintenance Code.

MUNICIPAL WASTE

Any garbage, refuse, industrial, lunchroom or office waste, and other material including solid, liquid, semisolid,

or contained gaseous material resulting from operation of residential, municipal, commercial or institutional

establishments or from community activities, and which is not classified as residual waste or hazardous waste

as defined herein. The term does not include source separated recyclable materials or organic waste.

NOTICE OF VIOLATION

A written document issued to a person in violation of a Borough ordinance which specifies the violation and

contains a directive to take corrective action within a specified time frame or face further legal action.

NUISANCE

Any condition, structure or improvement which constitutes a danger or potential danger to the health, safety or

welfare of citizens of the Borough, or causes a blighting effect in Borough neighborhoods. See also "public

nuisance."

PERSON

Every natural person, firm, corporation, partnership, association or institution.

PLANTER STRIP

The non-concrete space in the sidewalk filled with dirt and/or grass.

PRIVATE PROPERTY

Any land and the improvements thereon owned by any person and includes front, side and rear yards; vacant

lots, buildings and other structural improvements; walkways and alley-ways; and parking areas, designed or

used either wholly or in part for private residential, industrial or commercial purposes, whether inhabited,

temporary, continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps,

vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.

PUBLIC NUISANCE

Any conditions or premises which are unsafe or unsanitary.

PUBLIC OFFICER

Any Code Enforcement Officer or other public official designated by the Borough to enforce the Borough

ordinances.

PUBLIC RIGHT-OF-WAY

The total width of any land used, reserved or dedicated as a street, alley, driveway, sidewalk or utility easement,

including curb and gutter areas.

RECYCLABLE MATERIAL

Material which would otherwise become municipal waste, which can be collected, separated or processed, and

returned to the economic mainstream in the form of raw materials or products. These materials may include, but

not be limited to, aluminium cans, ferrous and bi-metal cans, glass containers, plastic bottles and containers,

mixed paper, white goods, major appliances, televisions, tires and large auto parts.

RESIDUAL WASTE

Any discarded material or other waste including solid, semisolid or contained gaseous materials resulting from

construction, industrial, mining and agricultural operations, excluding municipal water and sewer operations.

RUBBISH

Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the

burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior,

rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dusty and

other similar materials.

SHADE TREE

Unless otherwise specified, includes all trees, shrubs and woody vegetation in the public right-of-way.

SIDEWALK AREA

The public right-of-way between the property line and the curb line or the established edge of the roadway.

SOLID WASTE

Any waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid,

semisolid or contained gaseous matters.

STORAGE

The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal as

such waste, and it shall be presumed that the containment of any municipal waste in excess of three months

constitutes disposal.

TREE WELL

The nonconcrete area surrounding a shade tree planted in a sidewalk area.

VEGETATION

Any planting that is cultivated and managed for edible or ornamental purposes such as vegetable gardens,

trees, shrubs, hedges, flowers, etc.

VIOLATION TICKET

A form issued by a Code Enforcement Officer or public officer to a person who violates a provision of the

ordinance codified in this Part. The violation ticket is an offer by the Borough of Canton extended to a person to

settle a violation by paying the fine in lieu of a citation being issued against the violator.

WEEDS

Shall be defined as all grasses, annual plants and vegetation, which meet any of the following criteria: (1)

exceed six inches in height; (2) exhale unpleasant noxious odors or pollen such as ragweed, dandelion and

miscellaneous other vegetation commonly referred to as weeds or brush; (3) may conceal filthy deposits or

serve as breeding places for mosquitoes, other insects or vermin; (4) encroaches onto neighboring properties

by way of leaders or roots without property owners' consent; and/or (5) may cause a public nuisance. Weeds

shall not include cultivated and managed vegetation planted for edible or ornamental purposes such as

vegetable gardens, trees, shrubs, flowers, etc.

YARD

An open space on the same lot with a structure.

§ 5-403. Quality of Life Violations.

[Ord. 604, 9/12/2022]

A violation of this Part shall be defined as any violation of the Canton Borough Property Maintenance Code, and

any amendments thereto, which has/have, from time to time, been adopted as an ordinance or amendment to

an ordinance of Canton Borough. In addition thereto, the following actions, activities and/ or conduct shall be

deemed to be a violation of this Part:

Storing of Hazardous Material. It shall be unlawful for any person, business or entity to store combustible,

flammable, explosive or other hazardous materials including, but not limited to, paints, volatile oils and

cleaning fluids or combustible rubbish including, but not limited to, waste paper, boxes or rags unless the

storage of said material(s) is stored in compliance with the applicable building codes.

Borough Permits to Be Displayed and Followed. All Borough permits shall be displayed in a fashion that

makes them visible from the roadway. In cases of demolition, the permit shall be displayed in the back

window of a construction vehicle parked on site and visible from the roadway. Should a permittee be

unable to comply with this requirement they shall have to notify the License and Permit Office of the issue

and seek immediate authorization/approval. Once the Borough provides notice to a property owner that a

permit is necessary, any additional work to the property shall allow the Borough to fine the property owner

and/or the person(s) performing the work for violation of this Section.

Accumulation of Rubbish or Garbage. All exterior property and premises, and the interior of every structure,

shall be free from any accumulation of waste, trash, rubbish or garbage.

Decaying Matter. No garbage, pumice, offal, dead animals, decaying matter or organic waste substance of

any kind shall be thrown or deposited in any ravine, ditch, or gutter or on any street or highway, into any

waters of the State or be permitted to remain exposed upon the surface of the ground, nor stored in

garbage bags outside the residence.

Animal Maintenance and Waste/Feces Clean-Up. People owning, harboring or keeping an animal within

the Borough of Canton shall not permit any waste matter/feces from the animal to collect and remain on the

property so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition. All

waste from animals must be cleaned up on a daily basis.

Disposal of Rubbish or Garbage/Dumping. Improper disposal of rubbish or garbage, or dumping or

disposing of rubbish or garbage on vacant, unoccupied or other property. In addition, any violation of any

portion of any Canton Borough ordinance(s) governing garbage/waste collection and disposal shall be

deemed to be a violation of this Part.

High Weeds, Grass or Plant Growth. All premises and exterior property shall be maintained free from

weeds or plant growth in excess of six inches (152.4 mm). All noxious weeds shall be prohibited. "Weeds"

shall be defined as all grasses, annual plants and vegetation. Cultivated flowers, gardens, trees and shrubs

shall not be included as a violation of this Part.

Littering or Scattering Rubbish. No person shall throw, dump, place, sweep or dispose of any waste, trash,

garbage or rubbish upon any public sidewalk, alley, street, bridge, public passage-way, public parking area

or on any public property.

Motor Vehicles. It shall be unlawful to store, park or place any unregistered, uninspected, inoperative,

unlicensed or nuisance motor vehicle (motor vehicle nuisance as defined above) on any premises. No

vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or

dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

Outside Placement of Indoor Appliances/Furniture. It is prohibited to store or place any/all appliances or

furniture including, but not limited to, ranges, refrigerators, air conditioners, ovens, washers, dryers,

microwaves, dishwashers, mattresses, recliners, sofas, interior chairs or interior tables on the exterior of

any property for the purpose of sale or any other reason, except for the temporary purpose to perform

maintenance on said property. If maintenance is being performed, or if the items are actively being sold in a

yard sale, the items shall not be left unattended.

Ownership Presumption of Waste, Trash and/or Recyclables for Illegal Dumping and Illegal Hauling. It shall

be the responsibility of every owner and/or occupant to dispose of their waste, trash or recyclables in a

proper manner and in accordance with the Canton Borough ordinance(s) governing garbage/waste

collection and disposal. Any business or person who is unable to show proof that they have legally

disposed of any waste, trash or recyclables will be in violation of this Part. Should any person or business

use an unlicensed hauler to dispose of their waste, trash or recyclables, said person or business shall be in

violation of this Part. Upon request of the public officer, any owner or occupant must show proof of their

appropriate trash and/or recyclable hauler. Any parts found within a municipal waste container, recycling

container, garbage bag or loose trash/waste displaying the name and/or address of a person and/or

persons, that trash or waste shall be presumed to be the property of such person and/or persons. It shall

be unlawful for any person, business, partnership or entity to remove or haul waste, trash or recyclables

without the proper approval or license. Any waste, trash or recyclables found not to be disposed of in

accordance with this Part will be a violation of this Part.

Storage Containers for Waste or Trash. The owner of every premises shall supply approved containers for

waste/trash, as well as be responsible for the removal of rubbish. All containers that store waste or trash

shall be durable, water tight, made of metal or plastic and otherwise be in compliance with the Canton

Borough ordinance(s) governing garbage/waste collection and disposal. Containers must have tight fitting

covers and must be kept clean and odor free at all times. All containers must be stored in the rear of every

property so said containers are not visible from the public right-of-way. Waste/trash containers may only be

placed in front of any property when darkness occurs the night before the day of the scheduled waste/trash

pick-up day. Once the licensed hauler removes the waste/trash from any property, all containers must be

(1)

(2)

(3)

(4)

(5)

(6)

returned to the rear of any property before daybreak on the day following pick-up. (Example: Jim Smith's

trash collection day is Wednesday. Jim Smith may place his trash containers out front of his property on

Tuesday night, once night falls. Jim Smith must place his trash containers in the rear of his yard before

daybreak on Thursday morning).

Placement or Littering by Private Advertising Matter. No person shall throw, place, sweep or dispose of

litter or private advertising matter upon any public sidewalk, alley, street, bridge, public passageway, public

parking area or any public property. No person, group, organization or entity will hang, place or advertise

on any public property in any manner. No person, group, organization or entity will hang, place or advertise

on any property that they do not have any ownership rights to without the written approval of said owner.

Snow and Ice Removal.

Every owner, tenant, occupant, lessee, property agent or any other person who is responsible for any

property within the Borough of Canton is required to remove any snow or ice from their sidewalk within

24 hours of the cessation of said snow and ice falling. Furthermore, they must create a path, free from

any snow or ice, of three feet on said sidewalk.

Should any property be a place of business within the Borough of Canton, all snow and ice must be

removed within 24 hours of the cessation of said snow and ice falling. Any property that is deemed a

business must have the entire sidewalk free from any snow and ice. If and/or when the snow and/or

ice cessation happens during the hours of darkness, the time limit of removal of all snow and ice

begins at daybreak.

No owner, tenant, occupant, lessee, property agent or other person or entity shall be permitted to

shovel, plow, blow, move or otherwise deposit snow into the public streets and/or sidewalks of Canton

Borough to the extent that it interferes with wheeled traffic.

No owner, tenant, occupant, lessee, property agent or other person or entity shall place snow on other

people's property without written permission from the property owner.

No owner, tenant, occupant, lessee, property agent or other person or entity shall use natural drainage

features, such as streams or waterways, for the disposition of snow and/or ice accumulations.

No owner, tenant, occupant, lessee, property agent or other person or entity shall pile accumulations

of snow or ice in the vicinity of a fire hydrant or street signs.

Swimming Pools. Swimming pools shall be maintained in good repair at all times. They shall also be kept

clean, safe, covered and sanitary as well.

Burning. The disposal of trash, waste, riffraff, lawn/yard waste or any other solid waste by burning is

prohibited unless done in compliance with the provisions of the Canton Borough ordinance(s) and

regulations governing the burning of solid waste.

§ 5-404. Authority for Issuance of Violation Ticket.

[Ord. 604, 9/12/2022]

Upon finding a quality of life violation, any public officer of the Borough of Canton may issue quality of life violation

tickets to the owner and/or occupant of the property at issue or to the individual(s) known to have violated this Part.

§ 5-405. Enforcement.

[Ord. 604, 9/12/2022]

The provisions of this Part shall be enforced by Code Enforcement Officers or any other public officer

authorized to enforce ordinances.

Any violation of the provisions of this Part may be cause for a citation, a violation ticket and/or a notice of

violation to be issued to the violator.

§ 5-406. Service.

[Ord. 604, 9/12/2022]

A violation ticket shall be served upon a violator by handing it to the violator, by handing it at the residence of the

person to be served to an adult member of the household or other person in charge of the residence, by leaving or

affixing the notice or violation ticket to the property where the violation exists, by handing it at any office or usual

place of business of the violator, to his/her agent or to the person for the time being in charge thereof, or by mailing

the notice to the violator's address of record.

§ 5-407. Separate Offense.

[Ord. 604, 9/12/2022]

Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate

fine may be imposed.

§ 5-408. Abatement of Violation.

[Ord. 604, 9/12/2022]

Any person or business violating this Part is hereby directed to satisfy the Borough of Canton and its citizens

upon issuance of a quality of life ticket by correcting the violation in question. A public officer is authorized and

empowered to cause a violation to be corrected. The cost shall be determined by the Borough Council in order

that the Borough shall be compensated for both direct and indirect costs and expenses incurred.

The Borough of Canton and/or its contractor, per the direction of the Borough, reserves the right to abate the

violation in question at the expense of the owner. If the Borough has affected the abatement of the violation, the

total cost thereof to include hourly wages and all items and materials used may be charged to the owner of the

property, tenant or offending party. A bill/invoice will be generated to the violator for payment separate from the

quality of life ticket, which will also be paid separately.

In all instances where the Borough abates the violation, in addition to the fine set forth in the quality of life ticket,

the Borough is authorized to recover from the offending party, the owner of the property or tenant the abatement

charges and such other charges established by the Code Enforcement Officer and the rules and regulations.

Borough of Canton Clean-Up. The Borough reserves the right to perform any necessary work to abate any

violation once 48 hours passes from the date of issuance of the quality of life ticket. Should the violation, at the

discretion of the Code Enforcement Officer, present imminent danger and/or pose a health hazard and/or risk,

the Borough reserves the right to perform the abatement immediately. The Borough will perform this work at a

rate of $60 per hour, per man, and forward the cost of any material necessary for the abatement. The Borough

reserves the right to charge an additional 20% on all material purchases to cover all miscellaneous expenses,

such as wear and tear on equipment.

Contractor Clean-Up. The Borough reserves the right to direct a contractor to perform the abatement of the

violation in question once 48 hours passes from the date of issuance of the quality of life ticket. Should the

violation present imminent danger and/or pose a health hazard and/or risk, the Borough reserves the right to

direct the contractor to perform the abatement immediately. The contractor will submit a bill for their work to the

Borough of Canton and the Borough will forward these costs to the violator. The Borough reserves the right to

add 30% process fee in additional to the cost of the contractor.

§ 5-409. Fines and Penalties.

[Ord. 604, 9/12/2022]

Any person who violates this Part shall pay a fine as set forth in the Borough's fee schedule resolution for each

offense, plus all direct and indirect costs incurred by the Borough for the cleanup and abatement of the

violation.

Violation - Description - Time Frame for Abatement.

QOL-000, Violation of Property Maintenance Code - 48 HOURS UNLESS AN IMMINENT PUBLIC

HAZARD OR NUISANCE IS PRESENT.

QOL-001, Storing of Hazardous Material - IMMEDIATE.

QOL-002, Borough Permit to be Displayed - IMMEDIATE.

QOL-003, Accumulation of Rubbish or Garbage - 48 HOURS.

QOL-004, Decaying Matter - 48 HOURS.

QOL-005, Animal Maintenance and Waste/Feces Cleanup - 48 HOURS.

QOL-006, Disposal of Rubbish or Garbage, Dumping - 48 HOURS (any other violation of a garbage/waste

disposal and removal ordinance - IMMEDIATE).

QOL-007, High Weeds, Grass or Plant Growth - 48 HOURS.

QOL-008, Littering or Scattering Rubbish - 48 HOURS.

QOL-009, Motor Vehicles - 48 HOURS.

QOL-010, Outside Placement of Indoor Appliances/Furniture - 48 HOURS.

QOL-011, Ownership Presumption of Waste, Trash and/or Recyclables for Illegal Dumping and Illegal

Hauling - 48 HOURS.

QOL-012, Storage Containers for Waste or Trash - 48 HOURS.

QOL-013, Placement of Littering by Private Advertising Matter - 48 HOURS.

QOL-014, Snow and Ice Removal from Sidewalks - (sections (a) and (b)) - 48 HOURS; (sections (c), (d),

(e) and (f)) - IMMEDIATE.

QOL-015, Swimming Pools - 48 HOURS.

QOL-016, Burning - IMMEDIATE.

Failure of the person to make payment within 14 days of the date of a violation ticket shall result in the filing of a

citation, for failure to pay with the Magisterial District Judge.

If violations are continuous or egregious, Code Officials have the right to issue citations without first issuing

tickets, provided notice has been given. Upon issuance of four tickets for the same violation within a 365-day

period, right is reserved for the Code Officials to issue citation for the fifth and subsequent offenses.

§ 5-410. Citation Fines.

[Ord. 604, 9/12/2022]

Any person, persons or entity who shall violate any provision of this Part or the ordinance codified in this Part shall

be charged with a summary offense and upon conviction sentenced to a fine of not more than $300 in addition to

attorney fees and court costs incurred in such prosecution and in default of payment be subject to a term of

imprisonment not to exceed 30 days. The Borough may also seek civil and equitable remedies under the applicable

rules of civil procedure. Each and every day that a violation of this Part continues shall constitute a separate

offense.

§ 5-411. Restitution.

[Ord. 604, 9/12/2022]

The Magisterial District Judge may order the violator to make restitution where appropriate.

§ 5-412. Appeals.

[Ord. 604, 9/12/2022]

Appeals to any quality of life ticket shall be heard before the Canton Borough Board of Appeals, by application filed

at the Canton Borough Office within 10 days of the issuance of the ticket hereunder. The Canton Borough Appeals

Board for appeals hereunder shall be the same appeals board designated by the Canton Borough Council to hear

appeals/violations of the Property Maintenance Code.

Chapter 6. Conduct

PART 1. ALCOHOLIC BEVERAGES

§ 6-101. Prohibitions.

[Ord. 413, 8/8/1988]

No person shall transport or possess on his person or in a motor vehicle any beer, wine or alcoholic beverages

in an open container in or upon the streets, sidewalks, alleys or public ways of the Borough of Canton or in or

upon the parking areas of private shopping centers under the jurisdiction of the Police Department of the

Borough of Canton.

No person shall consume or possess beer, wine or alcoholic beverages in an open container in or upon the

property of another unless that person is a guest, licensee or invitee of the owner or occupier of the property.

§ 6-102. Penalties.

[Ord. 413, 8/8/1988; as amended by Ord. 470, 9/14/1998]

Whosoever violates any of the provisions of this Part shall, upon conviction thereof, be sentenced to pay a fine of

not more than $600 plus costs and, in default of payment of said fine and costs, to be imprisoned for a period not to

exceed 30 days.

PART 2. LOITERING

§ 6-201. Lingering in or About Specific Facilities.

[Ord. 412, 8/8/1988]

It shall be unlawful for any person or persons to linger or remain in or about facilities of a restricted public nature

including stores, laundromats, banks or other financial institutions, schools, post office, public phones, bar rooms,

the Canton Borough Hall, any place of public worship or any place of business or any parking area serving any such

facility except at such times as the person or persons has or have the express or implied permission or consent of

the owner of the facility. Such specific places shall be deemed to include, to the fullest extent permitted as

reasonable under all circumstances, any point within 100 feet of the facility. The provisions of this Section shall

apply at all times and shall not be restricted to the facilities' business hours or hours of operation.

§ 6-202. Definitions.

[Ord. 412, 8/8/1988]

As used in this Part the following words or phrases shall have the meanings given to them in this Section:

BARROOM

Any facility or business licensed by the State to serve and/or sell alcoholic beverages.

PUBLIC PHONE

Any pay telephone accessible to the general public.

§ 6-203. Group Loitering.

[Ord. 412, 8/8/1988]

[1]

On any public street, including sidewalks thereof (and walls, steps or points immediately adjacent thereto, so as to

minimize evasion), it shall be unlawful for three or more persons as a group or as interacting individuals or groups to

linger for more than 10 minutes under circumstances that tend to annoy and/or alarm persons in that vicinity or

warrant alarm for the safety of property in that vicinity.

§ 6-204. Loitering Prohibited.

[Ord. 412, 8/8/1988]

It shall be unlawful for any person to loiter or prowl in circumstances of time, place or manner not usual for law

abiding individuals or which circumstances reasonably warrant alarm for the safety or security of persons or property

in the vicinity of such actor. Among the circumstances which may be considered in determining whether such alarm

is reasonably warranted is that the actor takes flight upon the appearance of a police officer that he or she refuses to

identify himself or herself or that he or she manifestly endeavors to conceal himself or herself or any object.

§ 6-205. Penalties.

[Ord. 412, 8/8/1988; as amended by Ord. 470, 9/14/1998]

Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of

not more than $600 plus costs and, in default of payment of said fine and cost, to imprisonment for a term not to

exceed 30 days.

PART 3. CURFEW

Editor's Note: The preliminary provisions of Ord. 543, -/-/----, specified the purpose of the Ordinance as follows:

"The purpose of this Ordinance is to:

Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the

Borough;

Promote the safety and well being of the Borough's youngest citizens, persons 17 years of age or under, whose inexperience

renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to

being victimized by older perpetrators of crime; and,

Foster and strengthen parental responsibility for children."

§ 6-301. Definitions.

[Ord. 543, -/-/----]

As used within this Part, the following words and phrases shall have the meanings ascribed to them below:

CURFEW HOURS

The hours of 10:01 p.m. through 6:00 a.m. Sunday through Saturday.

EMERGENCY

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 disasters, automobile

accidents, or other similar circumstances.

ESTABLISHMENT

Any privately-owned place of business within the Borough operated for a profit, to which the public is invited,

including, but not limited to any place of amusement or entertainment. With respect to such establishment, the

term "operator" shall mean any person and any firm, association, partnership (and the members or partners

thereof) and/or any corporation (and the police officers thereof) conducting or managing that establishment.

MINOR

Any person 17 years of age or under.

PARENT

A person who is a minor's biological or adoptive parent and who has legal custody of a minor (including

either parent, if custody is shared under a court order or agreement).

A person who is the biological or adoptive parent with whom a minor regularly resides.

A person judicially appointed as a legal guardian of the minor.

PERSON

Refers to an individual, not to any association, corporation or any other legal entity.

POLICE OFFICER

A police or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of

Pennsylvania and/or the ordinances of the Borough of Canton.

PUBLIC PLACE

Any place to which the public or a substantial group of the public has access, including, but not limited to:

streets, highways, roads, sidewalks, alleys, avenues, parks and/or the common areas of schools, hospitals,

apartment houses, office buildings, transportation facilities and shops.

REMAIN

The following actions:

To linger or stay unnecessarily at or upon a place.

To fail to leave a place when requested to do so by a police officer or by the owner, operator or other

person in control of that place.

§ 6-302. Offenses.

[Ord. 543, -/-/----]

It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the Borough, to

remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any

establishment within the Borough, unless:

The minor is accompanied by a parent.

The minor is involved in an emergency.

The minor is engaged in an employment activity, or is going to or returning home from such activity, without

detour or stop.

The minor is on the sidewalk directly abutting a place where he or she resides with a parent.

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 an activity without detour or stop.

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, and a brief description of the errand, the minor's destination(s)

and the hours the minor is authorized to be engaged in the errand.

The minor is involved in interstate travel through, or beginning or terminating in, the Borough of Canton.

The minor is exercising First Amendment rights protected by the United States Constitution, such as the

free exercise of religion, freedom of speech and the right of assembly.

§ 6-303. Knowledge of Offenses.

[Ord. 543, -/-/----]

It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate § 6-302.

It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or

encourage a violation of § 6-302.

It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to

(1)

(2)

(1)

(2)

(3)

knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew

hours. It shall be a defense to prosecution under this subsection that the operator or employee of an

establishment promptly notified the Police Department that a minor was present at the establishment after

curfew hours and refused to leave.

It shall be unlawful for any person (including any minor) to give a false name, address or telephone number to

any police officer investigating a possible violation of this Part.

§ 6-304. Enforcement.

[Ord. 543, -/-/----]

Minors. Before taking any enforcement action hereunder, a police officer shall make an immediate investigation

for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or

establishment within the Borough during curfew hours is in violation of § 6-302.

If such investigation reveals that the presence of such minor is in violation of § 6-302, then:

If the minor has not previously been issued a warning for any such violation, then the police officer

shall issue a written warning to minor's parent via mail; or,

If the minor has previously been issued a warning for any such violation, then the police officer shall

charge the minor's parent with a violation of this Part and shall issue a summons requiring the minor

and parent to appear in court.

As soon as practicable, the police officer shall:

Notify the parent by telephone of the violation; and,

Release the minor to his or her parent(s) if they live outside of the Borough limits or deliver the minor

to his or her parent(s) if they live within the Borough limits; and,

If a minor refuses to give a police officer his or her name and address, refuses to give the name and

address of his or her parent(s), or if no parent can be located prior to the end of the applicable curfew

hours, or if located, no parent appears to accept custody of the minor, the police officer shall contact

Bradford County Children and Youth Services to be dealt with in the manner and pursuant to such

procedures as required by law.

Others. If an investigation by a police officer reveals that a person has violated §§ 6-303, 6-304 and/or 6-305,

and if the person has not previously been issued a warning with respect to any such violation, a police officer

shall issue a written warning to the person via mail; however, if any such warning has previously been issued to

that person then the police officer shall charge the person with a violation and shall issue a summons directing

the person to appear in court.

§ 6-305. Penalties.

[Ord. 543, -/-/----]

A parent of a minor who violates § 6-302 of this Part is, upon conviction, punishable by a fine not to exceed

$600.

The owner, operator or employee of an establishment who violates § 6-302 of this Part is, upon conviction,

punishable by a fine not to exceed $600.

§ 6-306. Effectiveness.

[Ord. 543, -/-/----]

Within one year after the effective date of this Part, the Borough Police Chief shall review this Part and report

and make recommendations to the Borough Council concerning the effectiveness of and the continuing need

for this Part. The Borough Police Chief's report shall specifically include the following information:

The practicality of enforcing this Part and any problems with enforcement identified by the Police

Department.

The impact and cost of this Part.

Other data and information which the Police Department believes to be relevant in assessing the

effectiveness of this Part.

Information from citizens regarding whether this Part has been administered and enforced fairly, including

information regarding the age, gender and race of those charged or detained under this Part.

This Part shall be effective on January 7, 2008.

PART 4. THROWING OF MISSILES INTO STREETS

§ 6-401. Prohibited Acts.

[Ord. 470, 9/14/1998]

The throwing, kicking or knocking of any ball, snowballs, stones or any other missile upon or into any of the public

streets, alleys or sidewalks in the Borough is hereby prohibited.

§ 6-402. Penalties.

[Ord. 470, 9/14/1998]

Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of

not more than $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to

exceed 30 days.

PART 5. DISCHARGING OF FIREARMS PROHIBITED

§ 6-501. Discharge of Firearms Prohibited.

[Ord. 470, 9/14/1998; as amended by Ord. 584, 12/14/2015]

Except in necessary defense of person and except as provided in § 6-503 of this Part, it shall be unlawful for any

person to use, fire or discharge any gun or other firearm within the Borough.

§ 6-502. Use of Air Rifles, Bows and Arrows or Similar Devices

Restricted.

[Ord. 470, 9/14/1998; as amended by Ord. 584, 12/14/2015]

It shall be unlawful for any person to discharge any air rifle, air pistol, spring gun, spring pistol, B-B gun, bow and

arrow, or similar device, or any implement that is not a firearm but which impels a pellet of any kind with a force that

can reasonably be expected to cause bodily harm, at any place within the Borough, except as provided in § 6-503 of

this Part, and except on a target range which is properly constructed to trap or stop the projectile as ascertained by

the Chief of Police.

§ 6-503. Exceptions.

[Ord. 470, 9/14/1998; as amended by Ord. 584, 12/14/2015]

This Part shall not apply to:

Persons licensed to hunt in this Commonwealth while actually engaged in hunting where permitted under

the laws of the Commonwealth of Pennsylvania.

Members of any organization incorporated under laws of this Commonwealth engaged in target shooting

upon the grounds or property belonging to or under the control of such organization.

Any law enforcement officers when used in the discharge of their official duties.

The discharge of a firearm using only blank ammunition at a military funeral, a similar ceremony or event

such as Memorial Day, Patriot's Day or Veteran's Day ceremonies; provided, that the event has been

advertised and the Borough of Canton has been notified. The parties in charge of the event and/or

ceremonies will make an effort to notify residents in the immediate area of the ceremony in advance to

prevent any miscommunication or panic.

The discharge of a firearm using only blank ammunition in connection with a parade and official sporting

event such as a Canton Area School District cross country or track meet.

§ 6-504. Penalties for Violation.

[Ord. 470, 9/14/1998; as amended by Ord. 584, 12/14/2015]

Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of

not more than $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to

exceed 30 days.

PART 6. PORNOGRAPHY

§ 6-601. Offenses Defined.

[Ord. 470, 9/14/1998]

No person, knowing the obscene character of the materials or performance involved, shall:

Display or cause or permit the display of any obscene materials in or on any window, showcase,

newsstand, display rack, billboard, display board, viewing screen, motion picture screen marquee or similar

place in such manner that the display is visible from any public street, highway, sidewalk, transportation

facility or other public thoroughfare.

Sell, lend, distribute, exhibit, give away or show any obscene materials to any person 17 years of age or

younger or offer to sell, lend, distribute, exhibit or give away or show, or have in his possession with intent

to sell, lend, distribute, exhibit or give away or show any obscene materials to any person 17 years of age

or younger, or knowingly advertise any obscene materials in any manner.

Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene

materials.

Write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice

of any kind giving information, directly or indirectly, stating or purporting to state where, how, from whom, or

by what means any obscene materials can be purchased, obtained or had.

Produce, present, or direct any obscene performance or participate in a portion thereof that is obscene or

that contributes to its obscenity.

Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this

Section.

§ 6-602. Definitions.

[Ord. 470, 9/14/1998]

As used in this Part the following words and phrases shall have the meanings given to them in this Section:

COMMUNITY

For the purpose of applying the "contemporary community standards" in this Section, community means the

State.

KNOWING

As used in § 6-601, knowing means having general knowledge of, or reason to know or a belief or ground for a

belief which warrants further inspection or inquiry of, the character and content of the performance or any

material described in § 6-601 which is reasonably susceptible of examination by the defendant.

MATERIALS

Any literature, including any book, magazine, pamphlet, newspaper, story paper, comic book and any figure,

visual representation or image including any drawing, photograph, picture or motion picture.

OBSCENE

Any material, materials or performance is "obscene" if:

The average person applying contemporary community standards would find that the subject matter taken

as a whole appeals to the prurient interest; and,

The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in

this Section; and,

The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

PERFORMANCE

Any play dance or other live exhibition performed before an audience.

SEXUAL CONDUCT

As used in § 6-602 means patently offensive representations or descriptions of ultimate sexual acts, normal or

perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, excretory

functions and lewd exhibitions of the genitals.

TRANSPORTATION FACILITY

Any conveyance, premises or place used for or in connection with public passenger transportation, whether by

air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad, cars, buses, and air, boat,

railroad and bus terminals and stations.

§ 6-603. Dissemination to Minors.

[Ord. 470, 9/14/1998]

No person shall knowingly disseminate by sale, loan or otherwise, explicit sexual materials to a minor. "Explicit

sexual materials," as used in this Section, means materials which are obscene or:

Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of

a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse and

which is harmful to minors; or,

Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains

any matter enumerated in Subsection 1, or explicit and detailed verbal descriptions or narrative account of

sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to

minors.

§ 6-604. Admitting Minor to Show.

[Ord. 470, 9/14/1998]

It shall be unlawful for any person knowingly to exhibit for monetary consideration to a minor or knowingly to sell to a

minor an admission ticket or pas or knowingly to admit a minor for a monetary consideration to premises whereon

there is exhibited, a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual

conduct, or sadomasochistic abuse and which is harmful to minors, except that the foregoing shall not apply to any

minor accompanied by his parent.

§ 6-605. Definitions.

[Ord. 470, 9/14/1998]

As used in §§ 6-603 and 6-604:

HARMFUL TO MINORS

That quality of any description or representation in whatever form of nudity, sexual conduct, sexual excitement

or sadomasochistic abuse, when it:

Predominately appeals to the prurient, shameful or morbid interest of minors; and,

Is patently offensive to prevailing standards in the adult community as a whole with respect to what is

suitable material for minors; and,

Is utterly without redeeming social importance for minors.

KNOWINGLY

Having general knowledge of, or reason to known, or a belief or ground for belief which warrants further

inspection or inquiry or both:

The character and content of any material described herein which is reasonably susceptible of examination

by the defendant; and,

The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability

hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

MINOR

Any person under the age of 17 years.

NUDITY

The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque

covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof

below the top of the nipple, or the depiction of covered male entrails in a discernibly turgid state.

SADOMASOCHISTIC ABUSE

Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition

of being fettered, bound or otherwise physically restrained on the part of one so clothed.

SEXUAL CONDUCT

Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed genitals,

pubic area, buttocks or, if such person be a female, breast.

SEXUAL EXCITEMENT

The condition of human male or female genitals when in a state of sexual stimulation or arousal.

§ 6-606. Requiring Sale as Condition of Doing Business.

[Ord. 470, 9/14/1998]

No person shall knowingly require any distributor or retail seller as a condition to sale or delivery for resale or

consignment of any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing,

drawing, photograph, figure or image, or any written or printed matter, or any article or instrument to purchase or

take by consignment for purposes of sale, resale or distribution any obscene literature, book, magazine, pamphlet,

newspaper, story paper, paper, comic book, writing, drawing, photograph, figure or image, or any written or printed

matter of an obscene nature or any article or instrument of an obscene nature.

§ 6-607. Exemptions.

[Ord. 470, 9/14/1998]

Nothing in this Part shall apply to any recognized historical society or museum accorded charitable status by the

Federal Government, any county, city, borough, township or town library, any public library, any library of any school,

college or university or any archive or library under the supervision and control of the Commonwealth or a political

subdivision.

§ 6-608. Fines and Penalties.

[Ord. 470, 9/14/1998]

Any person violating any provision of this Part shall, upon conviction thereof, be sentenced to a fine of not more than

$600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.

Each day on which a violation of this Part shall continue shall constitute a separate offense.

PART 7. SYNTHETIC CANNABIS AND OTHER SYNTHETIC

DRUGS

§ 6-701. Definitions.

[Ord. 562, 6/13/2011]

The following terms shall have the following meanings, unless the context clearly indicates that a different meaning

is intended:

DELIVER OR DELIVERY

Actual, constructive or attempted transfer of possession of synthetic cannabis and synthetic drugs, with or

without consideration, whether or not there is an agency relationship.

KNOWLEDGE

Knows, acts knowingly or with knowledge:

The nature or attendant circumstances of his/her conduct, described by the section defining the offense,

when he/she is consciously aware that his/her conduct is of such nature or that such circumstances exist.

Knowledge of a material fact includes awareness of the substantial probability that such fact exists.

The results of his/her conduct, described by the section defining the offense, when he/she is consciously

aware that such result is likely to be caused by his/her conduct.

Knowledge may be inferred from the surrounding circumstances.

MANUFACTURE

The production, preparation, propagation, compounding, conversion, or processing of synthetic cannabis or

synthetic drugs, either directly or indirectly, by extraction from substances of natural origin, or independently by

means of chemical synthesis, and includes any packaging or repackaging of synthetic cannabis or synthetic

drugs or labeling of its container, except that this term does not include the preparation, compounding,

packaging or labeling of synthetic cannabis or synthetic drugs as an incident to lawful research, teaching or

chemical analysis and not for sale.

METHYLENEDIOXYPYROVALERONE (MDPV)

A psychoactive drug with stimulant properties which acts as a norepinephrine-dopamine reuptake inhibitor

(NDRI). Reportedly, it has been sold since around 2004 as a research chemical. It is also known as MDPK,

Magic, Super Coke and PV. In 2010 it was reportedly sold as a legal drug alternative and marketed in the

United States as "bath salts" (under such names as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning,

Scarface, Hurricane Charlie, Vanella Sky, Bonzai Grow, Blue Silk, Serenity Now, Lovey Dovey, Euphoria, Aura,

Red Dove and White Dove.

PERSON

Any individual, corporation, business trust, estate, trust, partnership or association, or any other entity.

POSSESSION

Possession may be either actual or constructive.

Actual possession means exercising physical dominion.

Constructive possession may be inferred if the defendant has intent and capacity to maintain control and

dominion over the cannabis, synthetic drug or drug paraphernalia.

PRODUCE OR PRODUCTION

Planting, cultivating, tending or harvesting.

SYNTHETIC CANNABIS

Includes the brand names K2 and Spice. It is a herbal and chemical product which mimics the effects of

Cannabis including but not limited to synthetic cannabinoids, cannabicyclohexanol, JWH-018, JWH-073,

JWH-200, HU-210, CP-47, 497, CP 55 and 212-2.

§ 6-702. Unlawful to Sell, Lend, Rent, Lease, Give, Exchange or

Otherwise Distribute.

[Ord. 562, 6/13/2011]

It is unlawful for any persons or corporation knowing, or under circumstances where one reasonably should know to

sell, lend, rent, lease, give, exchange or otherwise distribute to any persons or corporation any product containing

the following chemicals: JWH-018, JWH-073, JWH-200, CP-47, 497, Cannabicyclohexanol, CP 55, 490, HU-210 or

Methylenedioxy-pyrovalerone and marketed as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning,

Scarface, Hurricane Charlie, Red Dove and White Dove, Spice, K-2, Blaze and Red X Dawn, but not limited to,

incense, potpourri, plant fertilizers, insect repellant or bath salts.

§ 6-703. Unlawful to Display for Sale or Possess With Intent to Distribute.

[Ord. 562, 6/13/2011]

It is unlawful for any person or corporation, knowing, or under any circumstances where one reasonably should

know, to display for sale or possess with intent to distribute any product containing the following chemicals:

JWH-018, JWH-073, JWH-200, CP-47, 497, Cannabicyclohexanol, CP 55, 490, HU-210 or

Methylenedioxypyrovalerone and marketed as Cloud 9, Ivory Wave, Ocean, Charge Plus, White Lightning,

Scarface, Hurricane Charlie, Red Dove and White Dove, Spice, K-2, Blaze and Red X Dawn, but not limited to

incense, potpourri, plant fertilizers, insect repellant or bath salts.

§ 6-704. Unlawful to Use, or to Possess With Intent to Use, Ingest, Inhale

or Otherwise Introduce Into the Human Body.

[Ord. 562, 6/13/2011]

It is unlawful for any person to use, or to possess with intent to use, ingest, inhale or otherwise introduce into the

human body any product containing the following chemicals: JWH-018, JWH-073, JWH-200, CP-47, 497,

Cannabicyclohexanol, CP 55, 490, HU-210 or Methylenedioxypyrovalerone and marketed as Cloud 9, Ivory Wave,

Ocean, Charge Plus, White Lightning, Scarface, Hurricane Charlie, Red Dove and White Dove, Spice, K-2, Blaze

and Red X Dawn, but not limited to incense, potpourri, plant fertilizers, insect repellant or bath salts.

§ 6-705. Penalties.

[Ord. 562, 6/13/2011]

Violation. No person shall possess any substance containing synthetic cannabis or synthetic drugs.

Penalty. Any person who pleads guilty or is found guilty by a court of law shall be punished by a minimum fine

of not less than $100 and no more than $300 and/or undergo imprisonment for not more than 90 days.

Administrative Fee. In addition, any person who violates any provision of this Section and is convicted, pleads

guilty, receives court supervision or probation by a court of law shall be ordered to pay an administrative fee to

the law enforcement agency for testing of the substance(s) collected.

Forfeiture. Any items which may be seized or forfeited pursuant to statues or guidelines for the Commonwealth

of Pennsylvania, may be forfeited in the same manner as described therein for a violation of this Section.

§ 6-706. Conflict.

[Ord. 562, 6/13/2011]

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Part are hereby

repealed to the extent of such inconsistency or conflict.

PART 8. BOROUGH OWNED PROPERTIES RULES AND

REGULATIONS

§ 6-801. Rules and Regulations.

[Ord. 569, 8/12/2013]

No alcoholic beverages are allowed on any property owned by Canton Borough.

No illegal drugs are allowed on any property owned by Canton Borough.

Smoking on property owned by Canton Borough is only allowed in designated areas.

§ 6-802. Exceptions.

[Ord. 569, 8/12/2013]

Anyone wanting an exception to this Part shall put the request in writing and submit it to the Borough Secretary for

review by the appropriate representatives of the Borough. If possible, two weeks' notice shall be provided to Canton

Borough for any requests for exceptions.

§ 6-803. Enforcement.

[Ord. 569, 8/12/2013]

Enforcement will be made by Canton Borough.

§ 6-804. Violations.

[Ord. 569, 8/12/2013]

A written warning will be sent to the offender for the first offense. Subsequent offenses will result in a citation.

Where there is an offense within an organization, only one written warning will be sent to the organization as a

whole as well as the individual violating this Part; any subsequent offenses will result in a citation to the

individual.

§ 6-805. Penalties.

[Ord. 569, 8/12/2013]

Any person or business that shall violate any provision of this Part shall, upon conviction thereof, be sentenced to

pay a fine not more than $600 plus costs and, in default of payment of said fine and costs, to undergo imprisonment

for a term not to exceed 30 days. Each day that a violation of this Part continues, after notice, shall constitute a

separate offense.

Chapter 7. Fire Prevention and Fire Protection

PART 1. FIRE APPARATUS AND EQUIPMENT

§ 7-101. Protection of Fire Hydrants.

[Ord. 197, 7/8/1955]

No person shall place ashes, cinders, dirt, rubbish, building material or other material of any sort whatsoever around

or close to any fire hydrant in the Borough of Canton so as to cause hindrance or delay in access thereto or use

thereof. No person at any time shall in any way interfere with or tamper with any fire hydrant or attempt to take water

therefrom without special authority from the Fire Chief or the person acting as such or from the Fire Committee of

the Borough Council.

§ 7-102. Riding Upon and Use of Fire Apparatus.

[Ord. 197, 7/8/1955]

Without the consent of the Fire Chief or the person acting as such or the Fire Committee of Council no person not

an active member of the Canton Fire Department shall at anytime ride upon any of the fire apparatus of the Borough

or of any of the companies belonging to such Department. Nor shall any person make use of any fire apparatus,

hose or other equipment of the Fire Department other than for the purpose for which the same in intended without

such consent.

§ 7-103. Prohibited Entry into Buildings.

[Ord. 197, 7/8/1955]

No person not actually engaged in the extinguishment of a fire or the saving of property endangered thereby shall

enter any building in which a fire is being fought by the Fire Department, either during or after such fire, without the

consent of the owner or occupant of such building.

§ 7-104. Prohibited Entry into Fire Lines.

[Ord. 197, 7/8/1955]

No person not an active member of the Canton Fire Department shall at any time enter within the fire lines, being

the roped-off area around or in the vicinity of any fire, or interfere with or attempt to operate any of the apparatus or

equipment of such Fire Department or any fire hydrant or interfere by giving orders unless requested to do so by the

Fire Chief or the person acting as such with proper authority; provided, the Mayor or any member of Council, any

policeman or special fire policeman or any other law enforcement officer or the owner or occupant of any property

within the fire lines and such other persons as may be specifically passed by the Fire Chief or the person acting as

such may enter within such fire lines.

§ 7-105. Powers of Special Fire Police.

[Ord. 197, 7/8/1955]

The Mayor and any policeman of the Borough, including any member of the special fire police, shall have the power,

in case of fire, to disperse all collections of idle, disorderly and suspicious persons and of persons hindering the

fighting of fire by their presence and in any other way deemed necessary to preserve order and prevent the

commission of offenses on such occasions. Any person interfering with or refusing to obey any such officer in the

discharge of such duty shall be guilty of a violation of this Part.

§ 7-106. Penalties.

[Ord. 197, 7/8/1955; as amended by Ord. 470, 9/14/1998]

Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be

sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed

30 days.

PART 2. AIR POLLUTION CONTROL

§ 7-201. Title.

[1]

[Ord. No. 2023-612, 11/13/2023

[1]

]

This Part shall be known and may be cited as the "Canton Borough Air Pollution Control Ordinance of 2023."

Editor's Note: This ordinance also repealed former Part 2, Air Pollution Control, adopted by Ord. No. 558, adopted

6/14/2010.

§ 7-202. Authority.

[Ord. No. 2023-612, 11/13/2023]

The Council of Canton Borough, under, and by virtue of, and pursuant to, the authority granted by the Pennsylvania

Borough Code, do hereby enact and ordain this Part.

§ 7-203. Policy.

[Ord. No. 2023-612, 11/13/2023]

Whereas, the Council of Canton Borough has determined that air pollution from open burning may be detrimental to

the health, comfort, living conditions, welfare and safety of the citizens of Canton Borough, it is hereby declared to

be the policy of Canton Borough to safeguard the citizens of Canton Borough from such air pollution.

§ 7-204. Definitions.

[Ord. No. 2023-612, 11/13/2023]

The following words, terms and phrases, when used in this Part, unless the context clearly indicates otherwise,

shall have the following meanings ascribed to them:

AIR CURTAIN DESTRUCTOR

A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being

conducted so that combustion efficiency is increased and smoke and other particulate matter are

contained.

BURNING

The act of consuming by fire; to flame, char, scorch, or blaze. As used in this Part, smoldering shall have

the same meaning as burning and any smoldering shall be deemed a burning.

CLEARING AND GRUBBING WASTES

Trees, shrubs, and other native vegetation which are cleared from land during or prior to the process of

construction. The term does not include demolition wastes and dirt laden roots.

COMPOSTING

The process by which organic solid waste is biologically decomposed under controlled anaerobic or

aerobic conditions to yield a humus-like product.

COUNCIL

Canton Borough Council.

DOMESTIC REFUSE

Waste which is generated from the normal occupancy of a structure occupied solely as a dwelling by two

families or less. The term does not include appliances, carpets, demolition waste (insulation, shingles,

siding, etc.), furniture, mattresses or box springs, paint, putrescible waste, solvents, tires or treated wood.

MUNICIPALITY

A city, incorporated town, township, borough, county, municipal authority, or other public body created

under state law having jurisdiction over the disposal of sewage, industrial wastes, or other wastes.

OPEN BURNING

A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed

thereto through a flue.

PERSON

Any individual, public or private corporation for profit or not for profit, association, partnership, firm, trust,

estate, department, board, bureau or agency of the commonwealth or the federal government, political

subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law

as the subject of rights and duties.

YARD WASTE

Leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery, and other vegetative material.

§ 7-205. Regulations.

[Ord. No. 2023-612, 11/13/2023]

Domestic refuse may be burned so long as the following provisions are met:

It is burned in a noncombustible container located a minimum of 15 feet from any building.

It is burned between the hours of sunrise to sunset.

The waste is completely burned and destroyed and no ashes left to smolder.

The container is fitted with a screening device which shall have openings that are not larger than one inch

square to prevent flying ashes and debris.

Nonpermitted items: garbage, items with petroleum products in them (e.g., linoleum and tires), disposable

diapers, leaves, other items which produce dense, noxious smoke and/or fumes, and any other items not

specifically permitted to be burned under the provisions of this section.

Permitted items: paper products, wood products, tree and shrub trimmings.

No more than one noncombustible container per residence or rental unit.

§ 7-206. Exceptions.

[Ord. No. 2023-612, 11/13/2023]

Fire pits, chimineas, outdoor tables with fire pits, and fire rings are permitted as exceptions to this Part, provided

that they are used for their intended purpose, exclusively, with the following restrictions:

Flames are to be extinguished no later than midnight and no ashes should be left to smolder;

Only nontreated wood products may be burned;

All containers shall have a screen cover which shall have openings not larger than one inch square to

prevent flying ashes;

All containers shall be located a minimum of 15 feet from any building or structure.

§ 7-207. Additional Regulations.

[Ord. No. 2023-612, 11/13/2023]

After June 14, 2010, no person may permit the open burning of material with the exception of the following as

long as all other provisions of this Part are followed:

A fire set to prevent or abate a fire hazard, when approved by the Department of Environmental

Protection's Regional Air Quality Program office and set by or under the supervision of a public officer.

Any fire set for the purpose of instructing personnel in fire fighting, when approved by the Department of

Environmental Protection's Regional Air Quality Program office.

A fire set for the prevention and control of disease or pests, when approved by the Department of

Environmental Protection's Regional Air Quality Program office.

A fire set for the purpose of burning clearing and grubbing waste. If within an air basin an air curtain

destructor must be used and must be approved by the Department of Environmental Protection's Regional

Air Quality Program office.

A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on

the premises of the farm operation.

A fire set for the purpose of burning that amount of domestic refuse generated from one dwelling, when the

fire is on the premises of a structure occupied solely as a dwelling by two families or less and when the

refuse results from the normal occupancy of said structure.

A fire set for the purpose of burning that amount of yard waste generated from the premises of a structure

occupied solely as a dwelling by two families or less (except where composting is mandatory), when the

fire is on the premises of said structure.

A fire set solely for cooking food.

A fire set solely for recreational or ceremonial purposes.

§ 7-208. Enforcement Orders.

[Ord. No. 2023-612, 11/13/2023]

The Canton Borough Codes Compliance Officer, or his designee, shall have the power and duty to enforce the

provisions of this Part.

Canton Borough may issue such orders as are necessary to aid in the enforcement of the provisions of this

Part. These orders shall include, but shall not be limited to: orders requiring persons to cease unlawful open

burning which, in the course of its occurrence, is in violation of any provision of this Part; orders to take

corrective action or to abate a public nuisance; orders requiring the testing, sampling, or monitoring of any open

burning; or orders requiring production of information. Such an order may be issued if Canton Borough finds

that any condition existing in or on the facility or source involved is causing or contributing to open burning or if

Canton Borough finds that any person is in violation of any provision of this Part.

Canton Borough may, in its order, require compliance with such conditions as are necessary to prevent or abate

open burning or effect the purposes of this Part.

An order issued under this section shall take effect upon notice, unless the order specifies otherwise.

The authority of Canton Borough to issue an order under this section is in addition to any remedy or penalty

which may be imposed pursuant to this Part. The failure to comply with any such order is hereby declared to be

a public nuisance.

§ 7-209. Responsibility of Owners and Operators.

[Ord. No. 2023-612, 11/13/2023]

Whenever the Canton Borough Codes Compliance Officer, or his designee, finds that open burning is occurring

in Canton Borough, other than those exceptions noted in § 7-206, the Canton Borough Codes Compliance

Officer, or his designee, may order the owner or operator to take corrective action in a manner satisfactory to

Canton Borough, or the Canton Borough Codes Compliance Officer, or his designee, may order the owner or

operator to allow access to the land by the Canton Borough Codes Compliance Officer, or his designee, or a

third party to take such action.

For purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost

recovery action pursuant to an order or recovering the cost of litigation, oversight, monitoring, sampling, testing,

and investigation related to a corrective action, Canton Borough may collect the amount in the same manner as

civil penalties are assessed and collected following the process for assessment and collection of a civil penalty

contained in § 7-211 of this Part.

§ 7-210. Controlled Burns.

[Ord. No. 2023-612, 11/13/2023]

Controlled burns on private property will be allowed within the limits of Canton Borough as long as the Innes

Hose Company, Inc., is present on the premises. The requirements of § 7-205, Subsections 1B, C, E, and F will

still apply during a controlled burn.

The property owner requesting the controlled burn must contact the owners or residents of all occupied

structures within 150 feet of the location of the controlled burn site.

No controlled burns shall be permitted on Sundays.

§ 7-211. Criminal Penalties.

[Ord. No. 2023-612, 11/13/2023]

Any person, firm or corporation who shall violate any provision of this Part shall be charged with a summary offense,

be sentenced to a fine of not more than $300 in addition to attorneys' fees and court costs incurred in such

prosecution and in default of payment and be subject to a term of imprisonment not to exceed 30 days.

§ 7-212. Unlawful Conduct.

[Ord. No. 2023-612, 11/13/2023]

It shall be unlawful to fail to comply with or to cause or assist in the violation of any of the provisions of this Part or to

fail to comply with any order or other requirement of Canton Borough; or to cause a public nuisance; or to cause air,

soil, or water pollution resulting from an open burning incident; or to hinder, obstruct, prevent, or interfere with

Canton Borough or its personnel in their performance of any duty hereunder, including denying the Canton Borough

Codes Compliance Officer, or his designee, access to the source or facility; or to violate the provisions of 18

Pa.C.S.A. § 4903 (relating to false swearing) or § 4904 (relating to falsification to authorities) in regard to papers

required to be submitted under this Part. The owner or operator of an open burning source shall not allow pollution

of the air, water, or other natural resources of Canton Borough to result from the source.

§ 7-213. Public Nuisance.

[Ord. No. 2023-612, 11/13/2023]

A violation of this Part or of any order issued by Canton Borough under this Part shall constitute a public nuisance.

Canton Borough shall have the authority to order any person causing a public nuisance to abate the public

nuisance. In addition, when abating a public nuisance, Canton Borough may recover the expenses of abatement

following the process for assessment and collection of a civil penalty contained in § 7-211. Whenever the nuisance

is maintained or continued contrary to this Part or any order issued pursuant to this Part the nuisance may be

abatable in the manner provided by this Part. Any person who causes the public nuisance shall be liable for the cost

of abatement.

PART 3. FIRE INSURANCE PROCEEDS

§ 7-301. Authority.

[Ord. 597, 7/13/2020]

The Borough Secretary, or such official's designee, is hereby appointed as the designated officer who is authorized

to carry out all responsibilities and duties stated herein.

§ 7-302. Certificate Required When.

[Ord. 597, 7/13/2020]

No insurance company, association or exchange (hereinafter the "insuring agent") doing business in the

(1)

(2)

(3)

(4)

Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within

the Borough (hereinafter "municipality") where the amount recoverable for the fire loss to the structure under all

policies exceeds $7,500, unless the insuring agent is furnished by the municipal Treasurer with a municipal

certificate pursuant to Section 508(B) of Act 98 of 1992 as amended and unless there is compliance with Section

508(C) of Act 98 of 1992 as amended and the provisions of this Part.

§ 7-303. Claim Payment Procedures.

[Ord. 597, 7/13/2020]

Where pursuant to Section 508(B)(1)(I) of Act 98 of 1992, as amended, the municipal Treasurer issues a

certificate indicating that there are not delinquent taxes, assessments, penalties, or user charges against real

property, the insuring agent shall pay the claim of the named insured; provided, however, that if the loss agreed

upon by the named insured and the insuring agent equals or exceeds 60% of the aggregate limits of liability on

all fire policies covering the building or structure, the following procedures must be followed:

The insuring agent shall transfer from the insurance proceeds to the designated officer of the municipality

in the aggregate of $2,000 for each $15,000 of a claim and, for each fraction of that amount of a claim, this

Section to be applied such that if the claim is $15,000 or less, the amount transferred to the municipality

shall be $2,000; or

If at the time of a proof of loss agreed to between the named insured and the insuring agent, the named

insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the

building or other structure, the insuring agent shall transfer to the municipality from the insurance proceeds

the amount specified in the estimate.

The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring

the building or other structure.

After the transfer, the named insured shall submit a contractor's signed estimate within 60 days of the costs

of removing, repairing or securing the building or other structure, and the designated officer shall return the

amount of the funds transferred to the municipality in excess of the estimate to the named insured, if the

municipality has not commenced to remove, repair or secure the building or other structure.

Upon receipt of proceeds under this Section, the municipality shall do the following:

The designated officer shall place the proceeds in a separate fund to be used solely as security

against the total costs of removing, repairing, or securing the building or structure which are incurred

by the municipality. Such costs shall include all reasonable and customary engineering, legal or

administrative costs incurred by the municipality in connection with such removal, repair, or securing of

the building or any proceedings related thereto; and

It is the obligation of the insuring agent when transferring the proceeds to provide the municipality with

the name and address of the named insured. Upon receipt of the transferred funds and the name and

address of the name insured, certify that the proceeds have been received by the municipality and

notify the named insured that the procedures under this subsection shall be followed; and

When repairs, removal or securing of the building or other structure have been completed in

accordance with all applicable regulations and orders of the municipality and the required proof of such

completion received by the designated officer, and if the municipality has not incurred any costs for

repairs, removal or securing, the fund shall be returned to the named insured. If the municipality has

incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid

from the fund and if excess funds remain, the municipality shall transfer the remaining funds to the

named insured; and

To the extent that interest is earned on proceeds held by the municipality pursuant to this Section, and

not returned to the named insured, such interest shall belong to the municipality. To the extent that

proceeds are returned to the named insured, interest earned on such proceeds shall be distributed to

the named insured at the time that the proceeds are returned.

Nothing in this Section shall be construed to limit the ability of the municipality to recover any deficiency.

Furthermore, nothing in this subsection shall be construed to prohibit the municipality and the named

insured from entering into an agreement that permits the transfer of funds to the named insured if some

other reasonable disposition of the damaged property has been negotiated.

§ 7-304. Implementation - Fees.

[Ord. 597, 7/13/2020]

The Council of the Borough may by resolution adopt procedures and regulations to implement Act 98 of 1992 as

amended and this Part may by resolution fix reasonable fees to be charged for municipal activities or services

provided pursuant to Act 98 of 1992 as amended and this Part, including, but not limited to, issuance of certificates

and bills, performance of inspections and opening separate fund accounts.

§ 7-305. Penalty.

[Ord. 597, 7/13/2020]

Any owner of property, any named insured or any insuring agent who violates this Part shall be subject to a penalty

of up to $1,000 per violation.

PART 4. OUTDOOR FUEL BURNING APPLIANCES

§ 7-401. Purpose and Scope.

[Ord. 531, 7/10/2006]

Residences, commercial and industrial establishments situated within the Borough are entitled to clean air and

environmental circumstances free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well

as an environment free of stored debris and storage of combustible fuels in adjacent or exposed exterior areas

within densely populated area.

Research indicates that outdoor fuel burning appliances cause emission problems that cross property lines

because the smoke stays close to the ground it can easily reach humans working or playing outdoors or

penetrate neighboring buildings. It also causes problems with smoke visibility. The low lying smoke can worsen

cardiovascular problems such as angina, irritate eyes and lungs, trigger headaches, worsen respiratory

diseases such as asthma, emphysema and bronchitis.

§ 7-402. Definitions.

[Ord. 531, 7/10/2006]

CHIMNEY

Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired outdoor

heating device, especially that part of such structures extending above a roof.

OUTDOOR FUEL BURNING APPLIANCE

A device including any furnace, stove or boiler designed and constructed to burn oil, wood, coal or other fuels

manufactured for placement outdoors for the heating of the living area of a structure.

§ 7-403. Regulations for New Outdoor Fuel Burning Appliances.

[Ord. 531, 7/10/2006]

Any new outdoor fuel burning appliance must have or meet the following:

A safe flue or chimney which has a minimum termination height of 20 feet above the natural ground level

upon which the appliance is located.

A "scrubber" or filter type system attached to the appliance.

A fan or blower attached to the appliance to increase the efficiency of the appliance.

Be located not less than 100 feet from any property line.

10.

11.

All outdoor fuel burning appliances are required to meet emission standards currently required by the

Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted

by reference together with any amendments or modifications made to them in the future.

All outdoor fuel burning appliances shall be installed, operated and maintained in strict conformance with the

manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the

regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter, in which case

the manufacturer's instructions shall apply.

The owner of the outdoor fuel burning appliance shall produce the manufacturer's instructions for all devices

that do not conform to the requirements of this Part.

No homemade outdoor fuel burning appliances will be allowed.

Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer in

writing may be burned in outdoor furnaces. The burning in outside furnaces of processed wood products and

non-wood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves,

laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and in writing

permitted by the manufacturer is prohibited.

A permit must be acquired prior to the installation of any outdoor furnace appliance, and an inspection

completed prior to the operation of subject appliance. The permit fee is $75, and the inspection will be

completed by a representative of Code Inspections, Inc.

Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property

as long as no accumulation can be seen (for example: spread in a driveway). Any large accumulation of ashes

or waste must be disposed of weekly with your trash.

All outdoor fuel burning appliances may only be utilized for the sole purpose of furnishing heat to a residence

and hot water during the period of October 1 through April 30; and only if the outdoor fuel burning appliance

meets the requirements of this Part.

If an outdoor fuel burning appliance is more than 50% torn down, physically deteriorated or decayed, the

appliance must be removed and/or replaced with a new unit.

All storage of materials being burnt in the outdoor fuel burning appliance shall be neatly stacked and/or stored

under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.

§ 7-404. Regulations for Existing Outdoor Fuel Burning Appliances.

[Ord. 531, 7/10/2006]

All outdoor fuel burning appliances are required to meet emission standards currently required by the

Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted

by reference together with any amendments or modifications made to them in the future.

All outdoor fuel burning appliances shall be operated and maintained in strict conformance with the

manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the

regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter, in which case

the manufacturer's instructions shall apply.

All outdoor fuel burning appliances in existence at the effective date of this Part shall have or must erect a safe

flue or chimney which has a minimum termination height of 20 feet above the natural ground level upon which

the appliance is located.

All outdoor fuel burning appliances in existence at the effective date of this Part shall have or must install a

"scrubber" or filter type system attached to the appliance.

All outdoor fuel burning appliances in existence at the effective date of this Part shall have or must install fan or

blower to increase the efficiency of the appliance.

Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer in

writing may be burned in outdoor furnaces. The burning in outside furnaces of processed wood products and

non-wood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves,

laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and in writing

10.

permitted by the manufacturer is prohibited.

All outdoor fuel burning appliances may only be utilized for the sole purpose of furnishing heat to a residence

and hot water during the period of October 1 through April 30; and only if the outdoor fuel burning appliance

meets the requirements of this Part.

If an outdoor fuel burning appliance is more than 50% torn down, physically deteriorated or decayed, the

appliance must be removed and/or replaced with a new unit and the new unit must comply with all of the

regulations listed in § 7-403 of this Part.

Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property

as long as no accumulation can be seen (for example: spread in a driveway). Any large accumulation of ashes

or waste must be disposed of weekly with your trash.

All storage of materials being burnt in the outdoor fuel burning appliance shall be neatly stacked and/or stored

under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.

§ 7-405. Enforcement.

[Ord. 531, 7/10/2006]

It shall be the duty of the Borough Police Department, Code Enforcement Officer and/or Code Inspections, Inc., to

enforce the terms of this Part and secure compliance with the requirements thereof.

§ 7-406. Penalties.

[Ord. 531, 7/10/2006]

Any person, firm or corporation who shall violate any provision of this Part, shall upon conviction thereof be

sentenced to pay a fine of not more than $500 and in default of payment of said fine, to imprisonment for a term not

to exceed 90 days. Every day that a violation of this Part continues, shall constitute a separate offense.

§ 7-407. Effective Date.

[Ord. 531, 7/10/2006]

This Part shall take effect 35 days from the date of enactment.

Exceptions:

For Borough residents who have existing outdoor fuel burning appliances in place that do not conform to

§ 7-404, Subsection 7, that portion of this Part will take effect August 31, 2006.

For Borough residents who have existing outdoor fuel burning appliances in place that do not conform to

§ 7-404, Subsections 3, 4, and 5, those portions of this Part will take effect October 1, 2006.

Chapter 8. Floodplains

PART 1. STATUTORY AUTHORIZATION

§ 8-101. Statutory Authorization.

[Ord. 572, 9/8/2014]

The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain

Management Act of 1978, delegated the responsibility to local governmental units to adopt floodplain management

regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Council of the

Borough of Canton does hereby order as follows.

PART 2. GENERAL PROVISIONS

§ 8-201. Intent.

[Ord. 572, 9/8/2014]

The intent of this Chapter is to:

Promote the general health, welfare, and safety of the community.

Encourage the utilization of appropriate construction practices in order to prevent or minimize flood

damage in the future.

Minimize danger to public health by protecting water supply and natural drainage.

Reduce financial burdens imposed on the community, its governmental units, and its residents, by

preventing excessive development in areas subject to flooding.

Comply with Federal and State floodplain management requirements.

§ 8-202. Applicability.

[Ord. 572, 9/8/2014]

It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be

undertaken, any construction or development anywhere within the Borough of Canton unless a permit has been

obtained from the Floodplain Administrator. In addition, a building permit may not be issued until such time as

the County Planning Commission issues a land development approval, when applicable.

A permit shall not be required for minor repairs to existing buildings or structures.

§ 8-203. Abrogation and Greater Restrictions.

[Ord. 572, 9/8/2014]

This Chapter supersedes any other conflicting provisions which may be in effect in identified floodplain areas.

However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are

more restrictive. If there is any conflict between any of the provisions of this Chapter, the more restrictive shall apply.

§ 8-204. Warning and Disclaimer of Liability.

[Ord. 572, 9/8/2014]

The degree of flood protection sought by the provisions of this Chapter is considered reasonable for regulatory

purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights

may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.

This Chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within

such areas will be free from flooding or flood damages.

This Chapter shall not create liability on the part of the Borough of Canton or any officer or employee thereof for

any flood damages that result from reliance on this Chapter or any administrative decision lawfully made

thereunder.

PART 3. ADMINISTRATION

§ 8-301. Designation of the Floodplain Administrator.

[Ord. 572, 9/8/2014]

The Borough Secretary is hereby appointed to administer and enforce this Chapter and is referred to herein as

the "Floodplain Administrator." The Floodplain Administrator may: (A) Fulfill the duties and responsibilities set

forth in these regulations, (B) Delegate duties and responsibilities set forth in these regulations to qualified

technical personnel, plan examiners, inspectors, and other employees, or (C) Enter into a written agreement or

written contract with another agency or private sector entity to administer specific provisions of these

regulations. Administration of any part of these regulations by another entity shall not relieve the community of

its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set

forth in the Code of Federal Regulations at 44 CFR 59.22.

In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled

by the Council President.

§ 8-302. Permits Required.

[Ord. 572, 9/8/2014]

A permit shall be required before any construction or development is undertaken within any area of the Borough of

Canton.

§ 8-303. Duties and Responsibilities of the Floodplain Administrator.

[Ord. 572, 9/8/2014]

The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be

undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to

determine if all other necessary government permits required by State and Federal laws have been obtained,

such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the

Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean

Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No

permit shall be issued until this determination has been made.

In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator

shall review the history of repairs to the subject building, so that any repetitive loss concerns can be addressed

before the permit is issued.

During the construction period, the Floodplain Administrator or other authorized official shall inspect the

premises to determine that the work is progressing in compliance with the information provided on the permit

application and with all applicable municipal laws and ordinances. He/she shall make as many inspections

during and upon completion of the work as are necessary.

In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building,

structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at

any reasonable hour to enforce the provisions of this Chapter.

In the event the Floodplain Administrator discovers that the work does not comply with the permit application or

any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any

applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Council for whatever

action it considers necessary.

The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this

Chapter including, but not limited to, finished construction elevation data, permitting, inspection and

enforcement.

The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning

community participation in the National Flood Insurance Program.

The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be

delegated from the person identified. However, the ultimate responsibility lies with the person identified in the

floodplain ordinance as the Floodplain Administrator/Manager.

10.

(1)

(2)

(3)

(4)

(5)

The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the

2009 IRC or latest revisions thereof.

§ 8-304. Application Procedures and Requirements.

[Ord. 572, 9/8/2014]

Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the

Borough of Canton. Such application shall contain the following:

Name and address of applicant.

Name and address of owner of land on which proposed construction is to occur.

Name and address of contractor, along with license number.

Site location including address.

Listing of other permits required.

Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the

market value of the building before the flood damage occurred where appropriate.

A plan of the site showing the exact size and location of the proposed construction as well as any existing

buildings or structures.

If any proposed construction or development is located entirely or partially within any identified floodplain area,

applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the

Floodplain Administrator to determine that:

All such proposals are consistent with the need to minimize flood damage and conform with the

requirements of this and all other applicable codes and ordinances.

All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to

minimize or eliminate flood damage.

Adequate drainage is provided so as to reduce exposure to flood hazards.

Structures will be anchored to prevent flotation, collapse, or lateral movement.

Building materials are flood-resistant.

Appropriate practices that minimize flood damage have been used.

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been

designed and located to prevent water entry or accumulation.

Applicants shall file the following minimum information plus any other pertinent information as may be required

by the Floodplain Administrator to make the above determination:

A completed permit application form.

A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less,

showing the following:

North arrow, scale, and date.

A location map showing the vicinity in which the proposed activity or development is to be located

within the Borough.

Topographic contour lines, if available.

All property and lot lines including dimensions and the size of the site expressed in acres or square

feet.

The location of all existing and proposed buildings, structures, and other improvements, including the

location of any existing or proposed subdivision and development.

(6)

(7)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(1)

(2)

(3)

(4)

(a)

(b)

(5)

(6)

The location of all existing streets, drives, and other access ways.

The location of any existing bodies of water or watercourses, identified floodplain areas, and, if

available, information pertaining to the floodway, and the flow of water including direction and

velocities.

Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the

following:

The proposed lowest floor elevation of any proposed building based upon North American Vertical

Datum of 1988.

The elevation of the base flood.

Detailed architectural or engineering drawings including building size, floor plans, sections and exterior

building elevations, as appropriate.

Detailed information concerning any proposed floodproofing measures.

Cross-section drawings for all proposed streets, drives and other accessways and parking areas

showing all rights-of-way and pavement widths.

Profile drawings for all proposed streets, drives and vehicular accessways, including existing and

proposed grades.

Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any

other utilities and facilities.

Soil types.

Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC.

The following data and documentation:

Detailed information concerning any proposed floodproofing measures and corresponding elevations.

Documentation, certified by a registered professional engineer or architect, to show that the cumulative

effective of any proposed development within any identified floodplain area (see § 8-401) when

combined with all other existing and anticipated development, will not cause any increase in the base

flood elevation.

A document, certified by a registered professional engineer or architect, which states that the

proposed construction or development has been adequately designed to withstand the pressures,

velocities, impact and uplift forces associated with the base flood.

Such statement shall include a description of the type and extent of flood proofing measures which

have been incorporated into the design of the structure and/or the development.

Detailed information needed to determine compliance with § 8-503, Subsection 1F, "Storage," and

§ 8-504, "Development Which May Endanger Human Life," including:

The amount, location and purpose of any materials or substances referred to in §§ 8-503,

Subsection 1F, and 8-504 which are intended to be used, produced, stored or otherwise

maintained on site.

A description of the safeguards incorporated into the design of the proposed structure to prevent

leaks or spills of the dangerous materials or substances listed in § 8-504 during a base flood.

The appropriate component of the Department of Environmental Protection's "Planning Module for

Land Development."

Where any excavation or grading is proposed, a plan meeting the requirements of the Department of

Environmental Protection, to implement and maintain erosion and sedimentation control.

Applications for permits shall be accompanied by a fee, payable to the municipality, based upon the estimated

cost of the proposed construction as determined by the Floodplain Administrator.

§ 8-305. Review by County Conservation District.

[Ord. 572, 9/8/2014]

A copy of all applications and plans for any proposed construction or development in any identified floodplain area to

be considered for approval shall be submitted by the Floodplain Administrator to the County Conservation District for

review and comment prior to the issuance of a permit. The recommendations of the Conservation District shall be

considered by the Floodplain Administrator for possible incorporation into the proposed plan.

§ 8-306. Review of Application by Others.

[Ord. 572, 9/8/2014]

A copy of all plans and applications for any proposed construction or development in any identified floodplain area to

be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies

and/or individuals (e.g., Planning Commission, Borough Engineer, etc.) for review and comment.

§ 8-307. Changes.

[Ord. 572, 9/8/2014]

After the issuance of a permit by the Floodplain Administrator, no change of any kind shall be made to the

application, permit or any of the plans, specifications or other documents submitted with the application without the

written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and

shall be submitted by the applicant to Floodplain Administrator for consideration.

§ 8-308. Placards.

[Ord. 572, 9/8/2014]

In addition to the permit, the Floodplain Administrator shall issue a placard which shall be displayed on the premises

during the time construction is in progress. This placard shall show the number of the permit, the date of its

issuance, and be signed by the Floodplain Administrator.

§ 8-309. Start of Construction.

[Ord. 572, 9/8/2014]

Work on the proposed construction or development shall begin within 180 days after the date of issuance of the

development permit. Work shall also be completed within 12 months after the date of issuance of the permit or

the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The

issuance of development permit does not refer to the zoning approval.

The actual start of construction means either the first placement of permanent construction of a structure on a

site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work

beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent

construction does not include land preparation, such as clearing, grading, and filling; nor does it include the

installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or

foundations or the erection of temporary forms; nor does it include the installation on the property of accessory

buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a

substantial improvement, the actual start of construction means the first, alteration of any wall, ceiling, floor, or

other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient

and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is

compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.

§ 8-310. Enforcement.

[Ord. 572, 9/8/2014]

Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that

there are reasonable grounds to believe that there has been a violation of any provisions of this Chapter, or of

any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged

violation as hereinafter provided. Such notice shall:

Be in writing.

Include a statement of the reasons for its issuance.

Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires.

Be served upon the property owner or his agent as the case may require; provided, however, that such

notice or order shall be deemed to have been properly served upon such owner or agent when a copy

thereof has been served with such notice by any other method authorized or required by the laws of this

State.

Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this

Chapter.

Penalties. Any person who fails to comply with any or all of the requirements or provisions of this Chapter or

who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other

authorized employee of the municipality shall be guilty of a summary offense and upon conviction shall pay a

fine to Canton Borough, of not less than $25 nor more than $600 plus costs of prosecution. In addition to the

above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of

this Chapter. The imposition of a fine or penalty for any violation of, or noncompliance with this Chapter shall

not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct

or remedy such violations and noncompliance within a reasonable time. Any development initiated or any

structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this

Chapter may be declared by the Council to be a public nuisance and abatable as such.

§ 8-311. Appeals.

[Ord. 572, 9/8/2014]

Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of

the provisions of this Chapter, may appeal to the Canton Borough Zoning Hearing Board. Such appeal must be

filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.

Upon receipt of such appeal the Canton Borough Zoning Hearing Board shall consider the appeal in

accordance with the Municipal Planning Code and any other local ordinance.

Any person aggrieved by any decision of the Canton Borough Zoning Hearing Board may seek relief there from

by appeal to court, as provided by the laws of this State including the Pennsylvania Flood Plain Management

Act.

PART 4. IDENTIFICATION OF FLOODPLAIN AREAS

§ 8-401. Identification.

[Ord. 572, 9/8/2014]

The identified floodplain area shall be:

Any areas of the Borough of Canton, classified as special flood hazard areas (SFHAs) in the Flood

Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated October 16,

2014, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision

thereof, including all digital data developed as part of the Flood Insurance Study.

Any community identified flood hazard areas.

When preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:

(1)

(2)

(1)

(2)

(a)

(b)

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be

used and shall replace all flood hazard data previously provided from FEMA for the purposes of

administering these regulations.

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data

shall be required only where no base flood elevations and/or floodway areas were determined or where the

preliminary base flood elevations or floodway areas exceed the base flood elevations and/or floodway

widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change

and/or appeal to FEMA.

The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by

the Borough of Canton and declared to be a part of this Chapter.

§ 8-402. Description and Special Requirements of Identified Floodplain

Areas.

[Ord. 572, 9/8/2014]

The identified floodplain area shall consist of the following specific areas:

The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which

represent the channel of a watercourse and the adjacent land areas that must be reserved in order to

discharge the base flood without increasing the water surface elevation by more than one foot at any point.

This term shall also include floodway areas which have been identified in other available studies or sources

of information for those special flood hazard areas where no floodway has been identified in the FIS and

FIRM.

Within any floodway area, no encroachments, including fill, new construction, substantial

improvements, or other development shall be permitted unless it has been demonstrated through

hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the

proposed encroachment would not result in any increase in flood levels within the community during

the occurrence of the base flood discharge.

Within the floodway area, no new construction or development shall be allowed, unless the appropriate

permit is obtained from the Department of Environmental Protection Regional Office.

The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS

prepared by FEMA for which base flood elevations have been provided.

The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM

included in the FIS prepared by FEMA for which base flood elevations have been provided and a

floodway has been delineated.

AE area without floodway shall be those areas identified as an AE zone on the FIRM included in the

FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been

determined.

No permit shall be granted for any construction, development, use, or activity within any AE area/

district without floodway unless it is demonstrated that the cumulative effect of the proposed

development would not, together with all other existing and anticipated development, increase the

BFE at any point.

No new construction or development shall be located within the area measured 50 feet landward

from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the

Department of Environmental Protection Regional Office.

The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared

by FEMA and for which no base flood elevations have been provided. For these areas, elevation and

floodway information from other Federal, State, or other acceptable sources shall be used when available.

Where other acceptable information is not available, the base flood elevation shall be determined by using

the elevation of a point on the boundary of the identified floodplain area which is nearest the construction

site.

In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic

and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by

professional engineers or others of demonstrated qualifications, who shall certify that the technical

methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations,

etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality.

The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the

FIS. These areas are subject to inundation by 1%-annual-chance shallow flooding where average depths

are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide

floodwaters around and away from structures on slopes.

Community identified flood hazard areas shall be those areas where the Borough of Canton has identified

local flood hazard or ponding areas, as delineated and adopted on a "Local Flood Hazard Map" using best

available topographic data and locally derived information such as flood of record, historic high water

marks, soils or approximate study methodologies.

§ 8-403. Changes in Identification of Area.

[Ord. 572, 9/8/2014]

The identified floodplain area may be revised or modified by the Council where studies or information provided by a

qualified agency or person documents the need for such revision. However, prior to any such change to the special

flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six

months after the date such information becomes available; a community shall notify the FEMA of the changes to the

special flood hazard area by submitting technical or scientific data. See § 8-501, Subsection 2, for situations where

FEMA notification is required.

§ 8-404. Boundary Disputes.

[Ord. 572, 9/8/2014]

Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the

Borough of Canton and any party aggrieved by this decision or determination may appeal to the Council. The

burden of proof shall be on the appellant.

§ 8-405. Jurisdictional Boundary Changes.

[Ord. 572, 9/8/2014]

Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or

have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The

community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary

changes which meet or exceed those in 44 CFR 60.3.

PART 5. TECHNICAL PROVISIONS

§ 8-501. General.

[Ord. 572, 9/8/2014]

Alteration or Relocation of Watercourse.

No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all

adjacent municipalities which may be affected by such action have been notified by the municipality, and

until all required permits or approvals have been first obtained from the Department of Environmental

Protection Regional Office.

No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can

be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any

way.

(1)

(2)

In addition, the FEMA and Pennsylvania Department of Community and Economic Development, shall be

notified prior to any alteration or relocation of any watercourse.

When a community proposes to permit the following encroachments:

Any development that causes a rise in the base flood elevations within the floodway.

Any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause

a rise of more than one foot in the base flood elevation.

Alteration or relocation of a stream (including but not limited to installing culverts and bridges).

The applicant shall (as per 44 CFR Part 65.12):

A. Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

B. Upon receipt of the Administrator's conditional approval of map change and prior to approving the pro-

posed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain man-

agement ordinances incorporating the increased base flood elevations and/or revised floodway reflecting

the post-project condition.

C. Upon completion of the proposed encroachments, a community shall provide as-built certifications.

FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR, Part

67.

Any new construction, development, uses or activities allowed within any identified floodplain area shall be

undertaken in strict compliance with the provisions contained in this Chapter and any other applicable codes,

ordinances and regulations.

§ 8-502. Elevation and Floodproofing Requirements.

[Ord. 572, 9/8/2014]

Residential Structures.

In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor

(including basement) elevated up to, or above, the regulatory flood elevation.

In A Zones, where there are no Base Flood Elevations specified on the FIRM, any new construction or

substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the

regulatory flood elevation determined in accordance with § 8-402, Subsection 1C, of this Chapter.

In AO Zones, any new construction or substantial improvement shall have the lowest floor (including

basement) at or above the highest adjacent grade at least as high as the depth number specified on the

FIRM.

The design and construction standards and specifications contained in the 2009 International Building

Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and

ASCE 24 and 34 Pa. Code, Chapters 401-405, as amended, shall be utilized, where they are more

restrictive.

Non-residential Structures.

In AE, A1-30 and AH Zones, any new construction or substantial improvement of a non-residential

structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood

elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:

Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage

of water and,

Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and

effects of buoyancy:

In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial

improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or

above, the regulatory flood elevation determined in accordance with § 8-402, Subsection 1C, of this

Chapter.

(1)

(2)

(3)

In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or

completely floodproofed above the highest adjacent grade to at least as high as the depth number

specified on the FIRM.

Any non-residential structure, or part thereof, made watertight below the regulatory flood elevation shall be

floodproofed in accordance with the W1 or W2 space classification standards contained in the publication

entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as

amended March 1992) or with some other equivalent standard. All plans and specifications for such

floodproofing shall be accompanied by a statement certified by a registered professional engineer or

architect which states that the proposed design and methods of construction are in conformance with the

above referenced standards.

The design and construction standards and specifications contained in the 2009 International Building

Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and

ASCE 24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized, where they are more

restrictive.

Space below the Lowest Floor.

Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking

of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and

constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing

hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.

Designs for meeting this requirement must either be certified by a registered professional engineer or

architect, or meet or exceed the following minimum criteria:

A minimum of two openings having a net total area of not less than one square inch for every square

foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, or other coverings or devices provided that they

permit the automatic entry and exit of flood-waters.

Historic Structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial

improvement as defined in this Chapter, must comply with all ordinance requirements that do not preclude the

structure's continued designation as a historic structure. Documentation that a specific ordinance requirement

will cause removal of the structure from the National Register of Historic Places or the State Inventory of

Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer.

Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character

and design of the structure.

Accessory Structures. Structures accessory to a principal building need not be elevated or floodproofed to

remain dry, but shall comply, at a minimum, with the following requirements:

The structure shall not be designed or used for human habitation, but shall be limited to the parking of

vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.

Floor area shall not exceed 200 square feet.

The structure will have a low damage potential.

The structure will be located on the site so as to cause the least obstruction to the flow of flood waters.

Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.

Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are

prohibited.

Sanitary facilities are prohibited.

The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall

be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing

hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a

registered professional engineer or architect, or meet or exceed the following minimum criteria:

(1)

(2)

(3)

(1)

(2)

(a)

(b)

(c)

(d)

(e)

(1)

(2)

(3)

(4)

(1)

A minimum of two openings having a net total area of not less than one square inch for every square

foot of enclosed space.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that

they permit the automatic entry and exit of flood waters.

§ 8-503. Design and Construction Standards.

[Ord. 572, 9/8/2014]

The following minimum standards shall apply for all construction and development proposed within any

identified floodplain area:

Fill.

Within any identified floodplain area the use of fill shall be prohibited. If a variance is obtained in

accordance with the criteria in Part 8, then the following provisions apply:

If fill is used, it shall:

Extend laterally at least 15 feet beyond the building line from all points.

Consist of soil or small rock materials only. Sanitary Landfills shall not be permitted.

Be compacted to provide the necessary permeability and resistance to erosion, scouring, or

settling.

Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper

slopes are submitted to, and approved by the Floodplain Administrator.

Be used to the extent to which it does not adversely affect adjacent properties.

Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of storm water runoff in a

safe and efficient manner. The system shall insure proper drainage along streets, and provide positive

drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff

onto adjacent properties.

Water and Sanitary Sewer Facilities and Systems.

All new or replacement water supply and sanitary sewer facilities and systems shall be located,

designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.

Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage

into flood waters.

No part of any on-site waste disposal system shall be located within any identified floodplain area

except in strict compliance with all State and local regulations for such systems. If any such system is

permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities From

Flood Damages" and the "International Private Sewage Disposal Code" shall be utilized.

Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located,

elevated (where possible) and constructed to minimize the chance of impairment during a flood.

Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood

elevation.

Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to

human, animal, or plant life, and not listed in § 8-504, "Development Which May Endanger Human Life,"

shall be stored at or above the regulatory flood elevation or flood proofed to the maximum extent possible.

Placement of Buildings and Structures.

All buildings and structures shall be designed, located, and constructed so as to offer the minimum

(2)

(1)

(2)

(1)

(2)

(3)

(4)

(1)

(2)

(3)

(1)

(2)

(1)

(2)

obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and

height of flood water;

The following shall not be placed or caused to be placed in identified floodprone areas: fences, except

two wire fences, other structures or other matter which may impede, retard or change the direction of

the flow of water or that will catch or collect debris carried by such water or that is placed where the

natural flow of the stream or flood waters would carry the same downstream to the damage or

detriment of either public or private property adjacent to the floodprone areas.

Anchoring.

All buildings and structures shall be firmly anchored in accordance with accepted engineering

practices to prevent flotation, collapse, or lateral movement.

All air ducts, large pipes, storage tanks, and other similar objects or components located below the

regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

Floors, Walls and Ceilings.

Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a

lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage

to the building.

Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant"

variety.

Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of

materials that are "water-resistant" and will withstand inundation.

Windows, doors, and other components at or below the regulatory flood elevation shall be made of

metal or other "water-resistant" material.

Paints and Adhesives.

Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-

resistant" quality.

Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant"

variety.

All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation

shall be finished with a "marine" or "water-resistant" paint or other finishing material.

Electrical Components.

Electrical distribution panels shall be at least three feet above the base flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical

or utility equipment or apparatus shall not be located below the regulatory flood elevation.

Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood

waters into the system and discharges from the system into flood waters. Additional provisions shall be

made for the drainage of these systems in the event that flood water infiltration occurs.

Uniform Construction Code Coordination. The standards and specifications contained 34 Pa. Code,

Chapters 401-405, as amended and not limited to the following provisions shall apply to the above and

other Sections and subsections of this Chapter, to the extent that they are more restrictive and supplement

the requirements of this Chapter.

International Building Code (IBC) 2009 or the latest edition thereof: Sections 801, 1202, 1403, 1603,

1605, 1612, 3402, and Appendix G.

International Residential Building Code (IRC) 2009 or the latest edition thereof: Sections R104, R105,

R109, R322, Appendix E and Appendix J.

(1)

(2)

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(q)

(r)

§ 8-504. Development Which May Endanger Human Life.

[Ord. 572, 9/8/2014]

Within any identified floodplain area, any structure of the kind described in paragraph .A, below, shall be

prohibited. No variance shall be granted.

In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the

Department of Community and Economic Development as required by the Act, any new or substantially

improved structure which:

Will be used for the production or storage of any of the following dangerous materials or substances.

Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other

comparable volume, of any of the following dangerous materials or substances on the premises; or,

Will involve the production, storage, or use of any amount of radioactive substances; shall be subject

to the provisions of this section, in addition to all other applicable provisions. The following list of

materials and substances are considered dangerous to human life:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur products.

Pesticides (including insecticides, fungicides, and rodenticides).

Radioactive substances, insofar as such substances are not otherwise regulated.

§ 8-505. Special Requirements for Subdivisions and Development.

[Ord. 572, 9/8/2014]

All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is

the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by

hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The

analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter

of map revision and letter of map revision. Submittal requirements and processing fees shall be the responsibility of

the applicant.

(1)

(2)

(3)

§ 8-506. Special Requirements for Manufactured Homes.

[Ord. 572, 9/8/2014]

Within any identified floodplain area manufactured homes shall be prohibited. If a variance is obtained in

accordance with the criteria in Part 8, then the following provisions apply:

Within any floodway area/district, manufactured homes shall be prohibited. If a variance is obtained in

accordance with the criteria in Part 8, then the following provisions apply:

Within any identified floodplain area manufactured homes shall be prohibited within the area measured 50 feet

landward from the top-of-bank of any watercourse.

Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto,

shall be:

Placed on a permanent foundation.

Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood

elevation.

Anchored to resist flotation, collapse, or lateral movement.

Have all ductwork and utilities including HVAC/heat pump elevated to the regulatory flood elevation.

Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions

as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements

of Appendix E of the 2009 "International Residential Building Code" or the "U.S. Department of Housing and

Urban Development's Permanent Foundations for Manufactured Housing," 1984 Edition, draft or latest revision

thereto shall apply and 34 Pa. Code, Chapter 401-405, shall apply.

Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the most

recent revisions thereto and 34 Pa. Code, as amended where appropriate and/or applicable to units where the

manufacturers' standards for anchoring cannot be provided or were not established for the units(s) installation.

§ 8-507. Special Requirements for Recreational Vehicles.

[Ord. 572, 9/8/2014]

Within any identified floodplain area recreational vehicles shall be prohibited. If a variance is obtained in

accordance with the criteria in Part 8, then the following provisions apply:

Recreational vehicles in Zones A, A1-30, AH and AE must either:

Be on the site for fewer than 180 consecutive days, and,

Be fully licensed and ready for highway use, or,

Meet the permit requirements for manufactured homes in § 8-506.

PART 6. PROHIBITED ACTIVITIES

§ 8-601. General.

[Ord. 572, 9/8/2014]

In accordance with the administrative regulations promulgated by the Department of Community and Economic

Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be

prohibited within any identified floodplain area:

The commencement of any of the following activities; or the construction enlargement, or expansion of any

structure used, or intended to be used, for any of the following activities:

(1)

(2)

(3)

Hospitals.

Nursing homes.

Jails or prisons.

The commencement of, or any construction of, a new manufactured home park or manufactured home

subdivision, or substantial improvement to an existing manufactured home park or manufactured home

subdivision.

PART 7. EXISTING STRUCTURES IN IDENTIFIED FLOODPLAIN

AREAS

§ 8-701. Existing Structures.

[Ord. 572, 9/8/2014]

The provisions of this Chapter do not require any changes or improvements to be made to lawfully existing

structures. However, when an improvement is made to any existing structure, the provisions of § 8-702 shall apply.

§ 8-702. Improvements.

[Ord. 572, 9/8/2014]

The following provisions shall apply whenever any improvement is made to an existing structure located within

any identified floodplain area:

No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area

that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in

§ 8-402, Subsection 1C.

Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure to an

extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall

be undertaken only in full compliance with the provisions of this Chapter.

The above activity shall also address the requirements of 34 Pa. Code, as amended, and the 2009 IBC and

the 2009 IRC.

Within any floodway area/district (see § 8-402, Subsection 1A), no new construction or development shall

be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection

Regional Office.

Within any AE area/district without floodway (see § 8-402, Subsection 1B), no new construction or

development shall be located within the area measured 50 feet landward from the top-of-bank of any

watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection

Regional Office.

Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an

extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest

extent possible.

Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of

"repetitive loss" shall be undertaken only in full compliance with the provisions of this Chapter.

PART 8. VARIANCES

§ 8-801. General.

[Ord. 572, 9/8/2014]

(1)

(2)

(1)

(2)

(3)

(a)

(b)

If compliance with any of the requirements of this Chapter would result in an exceptional hardship to a prospective

builder, developer or landowner, the Borough of Canton may, upon request, grant relief from the strict application of

the requirements.

§ 8-802. Variance Procedures and Conditions.

[Ord. 572, 9/8/2014]

Requests for variances shall be considered by the Borough of Canton in accordance with the procedures

contained in § 8-311 and the following:

No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In

A Area/District, BFEs are determined using the methodology in § 8-402, Subsection 1C.

No variance shall be granted for development which may endanger human life § 8-504) and prohibited

activities (Part 6).

If granted, a variance shall involve only the least modification necessary to provide relief.

In granting any variance, the Borough of Canton shall attach whatever reasonable conditions and

safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve

the objectives of this Chapter.

Whenever a variance is granted, the Borough of Canton shall notify the applicant in writing that:

The granting of the variance may result in increased premium rates for flood insurance.

Such variances may increase the risks to life and property.

In reviewing any request for a variance, the Borough of Canton shall consider, at a minimum, the following:

That there is good and sufficient cause.

That failure to grant the variance would result in exceptional hardship to the applicant.

That the granting of the variance will:

Neither result in an unacceptable or prohibited increase in flood heights, additional threats to

public safety, or extraordinary public expense.

Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable

State or local ordinances and regulations.

A complete record of all variance requests and related actions shall be maintained by the Borough of

Canton. In addition, a report of all variances granted during the year shall be included in the annual report

to the FEMA.

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the

capability of resisting the 1% annual chance flood.

PART 9. DEFINITIONS

§ 8-901. General.

[Ord. 572, 9/8/2014]

Unless specifically defined below, words and phrases used in this Chapter shall be interpreted so as to give this

Chapter its most reasonable application.

§ 8-902. Specific Definitions.

[Ord. 572, 9/8/2014]

ACCESSORY USE OR STRUCTURE

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal

use or structure.

BASE FLOOD

A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year

flood" or 1% annual chance flood).

BASE FLOOD DISCHARGE

The volume of water resulting from a base flood as it passes a given location within a given time, usually

expressed in cubic feet per second (cfs).

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the

water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in

any given year.

BASEMENT

Any area of the building having its floor below ground level on all sides.

BUILDING

A combination of materials to form a permanent structure having walls and a roof. Included shall be all

manufactured homes and trailers to be used for human habitation.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, the construction,

reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of

manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging;

drilling operations; storage of equipment or materials; and the subdivision of land.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which

the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction

of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of

the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the

manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and

either final site grading or the pouring of concrete pads).

FLOOD

A temporary inundation of normally dry land areas.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of

special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the

Flood Insurance Rate Map, the flood boundary and floodway map, and the water surface elevation of the base

flood.

FLOODPLAIN AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby

stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters

from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce

or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and

their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to

discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a

structure.

HISTORIC STRUCTURES

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of

Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for

individual listing on the National Register.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical

significance of a registered historic district or a district preliminarily determined by the Secretary to qualify

as a registered historic district.

Individually listed on a State inventory of historic places in states which have been approved by the

Secretary of the Interior.

Individually listed on a local inventory of historic places in communities with historic preservation that have

been certified either:

By an approved State program as determined by the Secretary of the Interior.

Directly by the Secretary of the Interior in states without approved programs.

IDENTIFIED FLOODPLAIN AREA

This term is an umbrella term that includes all of the areas within which the community has selected to enforce

floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood

Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community.

See §§ 8-401 and 8-402 for the specifics on what areas the community has included in the identified floodplain

area.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially

enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than

a basement area is not considered the lowest floor of a building, provided that such space is not designed and

built so that the structure is in violation of the applicable non-elevation design requirements of this Chapter.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for

use with or without a permanent foundation when attached to the required utilities. The term includes park

trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180

consecutive days.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and

upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any

structural beam or bearing support, or the removal or change of any required means of egress, or

rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition

to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas,

oil, waste, vent, or similar piping, electric wiring, mechanical or other work affecting public health or general

safety.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after October 16, 2014, and includes any

subsequent improvements to such structures. Any construction started after May 1, 1986, and before October

16, 2014, is subject to the ordinance in effect at the time the permit was issued, provided the start of

construction was within 180 days of permit issuance.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which

the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction

of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective

date of floodplain management regulations adopted by a community.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality,

governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject

of rights and duties.

POST-FIRM STRUCTURE

Is a structure for which construction or substantial improvement occurred after December 31, 1974, or on or

after the community's initial Flood Insurance Rate Map (FIRM) dated May 1, 1986, whichever is later, and, as

such, would be required to be compliant with the regulations of the National Flood Insurance Program.

PRE-FIRM STRUCTURE

Is a structure for which construction or substantial improvement occurred on or before December 31, 1974, or

before the community's initial Flood Insurance Rate Map (FIRM) dated May 1, 1986, whichever is later, and, as

such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis.

Not more than 400 square feet, measured at the largest horizontal projections.

Designed to be self-propelled or permanently towable by a light-duty truck.

Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping,

travel, or seasonal use.

REGULATORY FLOOD ELEVATION

The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a

freeboard safety factor of 1 1/2 feet.

REPETITIVE LOSS

Flood related damages sustained by a structure on two separate occasions during a ten-year period for which

the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value

of the structure before the damages occurred.

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the

FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was

issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or

other improvement was within 180 days after the date of the permit and shall be completed within 12 months

after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain

Administrator. The actual start means either the first placement of permanent construction of a structure on a

site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work

beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent

construction does not include land preparation, such as clearing, grading, and filling; nor does it include the

installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or

foundations or the erection of temporary forms; nor does it include the installation on the property of accessory

buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a

substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or

other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a

manufactured home.

SUBDIVISION

The division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or

other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of

lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot

development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of

more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be

exempted.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-

damaged condition would equal or exceed 50% or more of the market value of the structure before the damage

occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or

exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This

term includes structures which have incurred "substantial damage" or "repetitive loss" regardless of the actual

repair work performed. The term does not, however, include any project for improvement of a structure to

correct existing violations of State or local health, sanitary, or safety code specifications which have been

identified by the local code enforcement official and which are the minimum necessary to assure safe living

conditions.

UNIFORM CONSTRUCTION CODE (UCC)

The Statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new

construction in all municipalities whether administered by the municipality, a third party or the Department of

Labor and Industry. Applicable to residential and commercial buildings, The Code adopted the International

Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard

applicable with the State floodplain construction. For coordination purposes, references to the above are made

specifically to various sections of the IRC and the IBC.

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain

management regulations. A structure or other development without the elevation certificate, other certifications,

or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is

presumed to be in violation until such time as that documentation is provided.

PART 10. ENACTMENT

§ 8-1001. Adoption.

[Ord. 572, 9/8/2014]

This Chapter shall be effective on October 16, 2014, and shall remain in force until modified, amended or rescinded

by the Borough of Canton, Bradford County, Pennsylvania.

Chapter 9. Grading and Excavation

(Reserved)

Chapter 10. Health and Safety

PART 1. STORAGE OF JUNK, REFUSE, GARBAGE OR

RUBBISH

§ 10-101. Name and Citation.

[Ord. 521, 12/13/2004]

This Part shall be known and may be cited as the "Borough of Canton Junk Ordinance."

§ 10-102. Findings and Purposes.

[Ord. 521, 12/13/2004]

The Borough Council of the Borough of Canton, Bradford County, Pennsylvania, finds and declares that the

accumulation or storage of junk, refuse, garbage or rubbish within the Borough of Canton represents a unique

danger to the health, welfare and safety of the residents of Canton Borough. In particular, the storage of junk,

refuse, garbage or rubbish can and will, if not properly controlled, result in traffic hazards, dangers from fire and

explosion, threats to the safety of children and incompetents, provide breeding places for insects vermin, rodents

and other animals, create substantial risks of pollution of surface and subsurface waters within the Borough, create

unique problems for law enforcement and firefighting, and require that the Borough engage in additional expense for

the supervision and regulation of any such places which accumulate or store junk, refuse, garbage or rubbish. The

Borough Council further finds that the said dangers to the health, safety and welfare of the residents of the Borough

of Canton require the regulation of the storage and accumulation of junk, refuse, garbage or rubbish within the

Borough.

§ 10-103. Definitions.

[Ord. 521, 12/13/2004]

The following words shall, for the purposes of this Part, have the following meanings, unless the context clearly

indicates otherwise:

ABANDONED or JUNKED VEHICLE

Any vehicle not in regular use whether operable or not, and in particular any unlicensed or unregistered or

uninsured motor vehicle whether or not the same possesses any value. Vehicle shall include any trailer, boat,

automobile, motorcycle, motorbike, mini bike, bicycle, go cart, truck recreational vehicle, bus, or any other type

of vehicle whether motorized or self-propelled, or any part thereof. This shall not include any vehicle being kept

or stored by a person who is in the regular business of repairing or selling vehicles, so long as the same are

kept or stored by such person in a neat and orderly condition.

BOROUGH

The Borough of Canton, Bradford County, Pennsylvania.

BOROUGH COUNCIL

The Borough Council of the Borough of Canton, Bradford County, Pennsylvania.

JUNK

Any second hand or worn out or discarded material in general that may be turned to some use, including

articles or items sold or to be sold for scrap or to be used or sold whole or for parts, and including but not limited

to: old rope, chain, iron or other base metals, rags, waste, paper, empty bottles, copper, parts of machinery,

used tires or rubber, scrap metal, abandoned or junked vehicles or equipment, containers and parts or portions

of structures, appliances, household furnishings, rubbish, garbage and organic waste; and all articles discarded

or no longer used as a manufactured article and all other similar items.

JUNK or SECONDHAND DEALER

Any person who is in the business of selling, buying, salvaging or dealing in junk or secondhand goods or

products, other than garbage or other organic waste or rubbish.

PERSON

Any individual, partnership, association, corporation or entity of any kind specifically identifiable.

§ 10-104. General Prohibition.

[Ord. 521, 12/13/2004]

It shall be unlawful for any person to accumulate or store any junk, refuse, garbage or rubbish or abandoned or

junked vehicle on private or public property within the Borough of Canton, Bradford County, Pennsylvania, unless

the same are there temporarily stored or left to be hauled away in a reasonable and normal manner by the local

refuse hauler for the Borough of Canton and are so hauled away within a reasonable time not to exceed 72 hours. In

addition, if any of these items are accumulated or stored on property by tenants of the owner or landlord of the

property and the tenants move from the property without removing said items, the owner or landlord of the property

shall be responsible for the proper disposal of these items within a reasonable period of time not to exceed 72

hours. The prohibition of this Section shall not include a person who is a junk or secondhand dealer engaged in the

business of selling, buying, salvaging or dealing in junk or secondhand goods or products and who property

maintains or operates a site for the same within the Borough of Canton.

§ 10-105. Junk or Secondhand Dealer Site.

[Ord. 521, 12/13/2004]

Any person not subject to the foregoing provision because he is a junk or secondhand dealer who maintains or

operates a site for such business within the Borough of Canton and who stores junk or secondhand goods or

products out of doors on premises owned by him, leased by him or controlled by him within the Borough must

comply with this Section to assure that the site does not present burdensome and expensive law enforcement

difficulties or present a danger to children or incompetents. Each site must be maintained in such a manner as to

keep the danger of fire and explosions, the danger of theft and any dangers the site might present to children or

incompetents, to a minimum. Each junk or secondhand dealer must do whatever is reasonably possible to maintain

the site or sites in such a manner. Also, each site is to be maintained in a neat and orderly manner. Each junk or

secondhand dealer agrees to do whatever is reasonably possible to maintain each site in such a manner so as to

keep to a minimum difficulties that fire or police personnel may have if they have to go to the site for fire or police

purposes.

§ 10-106. Enforcement.

[Ord. 521, 12/13/2004]

Any person violating any provision of this Part shall remove the cause of said violation or come into compliance with

this Part within 72 hours of receiving written notice of the violation. Extensions may be granted for cause shown by a

majority vote of the members of the Borough Council present and constituting a quorum at any meeting thereof. In

no event shall an extension be granted for the removal of garbage or other organic waste. If the cause of the

violation is not removed or brought into compliance within the seventy-two-hour period, or any extension thereof, the

Borough may cause the same to be done, and collect the cost thereof, together with a penalty of 10% of such cost,

in the manner provided by law for the collection of municipal claims, or by action of assumpsit, or the Borough may

seek relief by bill in equity.

§ 10-107. Fines and Penalties.

[Ord. 521, 12/13/2004]

Any person violating any provisions of this Part shall upon conviction thereof be guilty of a summary offense and

shall be sentenced to pay a fine of not less than $50 nor more than $300 and the costs of prosecution for each

violation hereof, and in default of payment of such fine and costs, shall be sentenced to imprisonment in the County

jail for a period not to exceed 30 days. Each day a violation continues to exist shall be considered a separate and

distinct offense or violation of this Part.

PART 2. NOISE DISTURBANCES

§ 10-201. Disturbing and Unnecessary Noises Prohibited.

[Ord. 248, 1/6/1969; as amended by Ord. 470, 9/14/1998]

The following acts, among others, are declared to be loud, disturbing or unnecessary noise in violation of this

Part, but said enumeration shall not be deemed to be exclusive:

Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any automobile,

motorcycle, truck or other vehicle within the Borough except as a danger warning. The sounding of any

such device for an unnecessary or unreasonable period of time. The use of any signaling device when

traffic is for any reason held up.

Radios, Phonographs, Televisions. The using, operating of radios, phonographs or televisions or permitting

them to be played or producing sound in such manner as to disturb the peace, quiet or comfort of the

neighboring inhabitants. The operation of any such set, instrument, phonograph, machine or device in such

a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is

located shall be prima facie evidence of a violation of this Section.

Loudspeaker, Amplifiers for Advertising. The using, operating or permitting to be played any loudspeaker,

sound amplifier or device for the producing or reproducing of sound which is cast upon the public streets

for the purpose of commercial advertising or attracting the attention of the public except with official permit

obtained from the Secretary of the Borough Council.

Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets at any time or

place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling or

other type of residence or any persons in the vicinity.

Animals, Birds, Dogs, etc. The keeping of any animal or bird which by causing frequent or long continued

noise shall disturb the comfort or repose of any persons in the vicinity.

The discharge into the open air of the exhaust of an internal combustion engine or motor vehicle except

through a standard muffler or other device which will effectively prevent loud or explosive noises therefrom.

The use of any automobile, motorcycle or vehicle so out of repair or so loaded as to create loud and

unnecessary grating, grinding, rattling or other noise.

The creation of any excessive noise on any street adjacent to any school, institution of learning or church

while the same are in use which unreasonably interferes with the working of such institution.

Drag racing, acceleration tests, any excessive burst of speed in a motor vehicle or the operating of any

vehicle in such manner as to cause the tires thereof to squeal on any street within the Borough of Canton

shall be considered an annoyance and a hazard to the safety of the public.

§ 10-202. Vehicle Registration Plates.

[Ord. 248, 1/6/1969]

It shall be presumed that the ownership and operation of any vehicle violating the provisions of this Part shall be

deemed to be that as indicated by the registration plates of such vehicle.

§ 10-203. Penalties.

[Ord. 248, 1/6/1969; as amended by Ord. 8/10/1970; by Ord. 421, 6/12/1989; and by Ord. 470, 9/14/1998]

Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be

sentenced to pay a fine not more than $600 plus costs and, in default of payment of said fine and costs, to undergo

imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues after notice shall

constitute a separate offense.

PART 3. (RESERVED)

PART 4. PUBLIC NUISANCES

§ 10-401. Definitions.

[Ord. 96, 8/2/1911]

For the purposes of this Part a public or common nuisance shall be considered as that which is set up, maintained

or continued so as to be injurious to the health or an obstruction to the use of property by interfering with the repose,

health, safety or life of any considerable number of persons.

§ 10-402. Decaying Matter.

[Ord. 96, 8/2/1911; as amended by Ord. 470, 9/14/1998]

No garbage, pumice, offal, dead animals, decaying matter or organic waste substance of any kind shall be thrown or

deposited in any ravine, ditch or gutter or on any street or highway, into any waters of the State or be permitted to

remain exposed upon the surface of the ground, nor stored in garbage bags outside the residence.

§ 10-403. Stables.

[Ord. 96, 8/2/1922; as amended by Ord. 372, 11/1/1982; and by Ord. 470, 9/14/1998]

Every person, firm or corporation using at the time of the enactment of this Part any building or portion of a

building within the Borough of Canton as a stable for one or more horses, mules, cows, goats or swine shall

report the same in writing to the Secretary of the Board of Health within 20 days after the date when this Part

becomes effective. The said report shall include a statement of the name of the owner or lessee of such

property, the location of the same and kind of animals stabled therein.

Every person, firm or corporation who shall use any building or portion of a building as aforesaid after the

enactment of this Part shall in like manner report said use within five days of said occupancy.

Manure shall not be allowed to accumulate in or near stables or any other place for a period of more than three

days unless it is adequately protected against the breeding of flies.

Manure shall not be allowed to accumulate in any place where it can prejudicially affect any source of drinking

water. Manure shall also not be allowed to accumulate in such a way and to such an extent that it becomes

offensive to the persons who own or are using the adjoining land or the public generally.

§ 10-404. Objectionable Establishments and Industrial Wastes.

[Ord. 96, 8/2/1922]

No person, partnership, firm or corporation maintaining a bone boiling or similar occupation shall allow any noxious

exhalation, odors or gases that are deleterious or detrimental to public health to escape into the air or any substance

that is deleterious or detrimental to public health to accumulate upon the premises or be thrown or allowed to

discharge into any street, roadway or public place or to be thrown or allowed to discharge into any stream or other

waters of the State.

§ 10-405. Enforcement; Penalties.

[Ord. 96, 8/2/1922; as amended by Ord. 372, 11/1/1982; and by Ord. 470, 9/14/1998]

It shall be the duty of the Borough Police Department to enforce the terms of this Part and secure compliance

with the requirements thereof.

Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine

not more than $1,000 plus costs and, in default of payment of said fine and costs, to undergo imprisonment for

a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate

offense.

PART 5. REIMBURSEMENT FOR EXPENSES

§ 10-501. Definitions.

[Ord. 450, 10/10/1994; as amended by Ord. 470, 9/14/1998]

EXTRAORDINARY EXPENSE

Those expenses, and those related costs and fees that are incurred by the Borough, local, State or Federal

department or agency, emergency services organization or from the private sector for actual costs or charges

for labor, materials and any other costs associated with:

The enforcement of any ordinances or laws.

The installation, removal, repair and maintenance of curbs, drainage ditches, gutters, driveway culverts,

roads, streets, alleys or sidewalks, including the removal of ice and/or snow from sidewalks.

Controlled burning or razing condemned or unwanted structures.

The use of specialized extinguishing or abatement agent, chemical, neutralizer or similar equipment or

material that is employed to monitor, extinguish, confine, neutralize, contain, clean or remove any

hazardous material that is or may be involved in a fire, or released into the air, ground or water or the

potential threat of any release or fire, and any and all activities associated with the implementation of a

protective action (i.e., evacuation) to protect the public health.

EXTRAORDINARY SERVICE

A service performed by any Borough department or employee, or any public or private sector organization,

agency, contractor or company directly associated with mitigating the problem, hazard or potential hazard or

involved in providing services to implement a protective or constructive action as reviewed under the definition

"extraordinary expense" above. "Extraordinary services" may include, but are not limited to, the abatement and

disposition of fire damaged structures, condemned buildings, hazardous materials, spills, releases, or the threat

of spills or releases of hazardous materials, utility line breaks or leakage, and other imminent or perceived or

potential threats to the health, safety and welfare of the public that may be detailed or contemplated in the

definition of "extraordinary expense."

§ 10-502. Administration.

[Ord. 450, 10/10/1994; as amended by Ord. 470, 9/14/1998]

The Borough Council of the Borough shall collect all fees as follows:

Fees and costs (including overhead costs) shall encompass all personnel, equipment, materials and

maintenance expenses in such a form as to insure for full reimbursement for charges from both the public

and private sectors actually rendered. A particular cost or fee schedule need not be set forth in this action

or elsewhere in the Borough Ordinance or by further formal action by the Borough Council. The Borough

Council approval of this Section shall constitute authorization for the Borough Council to collect all such

fees and costs (including overhead costs) pursuant to the receipt of related expenditures or costs that are

submitted to the Borough by affected public and private bureaus, agencies, departments or companies.

Within 60 days of the date of the extraordinary or dangerous occurrence giving rise to the extraordinary

service, the affected public agencies, departments or private companies shall submit its extraordinary

service related costs, fees, charges and expenses to the Borough Council for review. At such time as all

costs, fees, charges and expenses related to the extraordinary service have been collected and reviewed,

but in any case not later than 60 days from the date of determining the combined cost of rendering

extraordinary services, the Borough Council shall submit a bill for all costs, fees, charges and expenses, to

the owner, agent or manager of the vehicle or fixed facility which caused the need for extraordinary

services, with a demand that a fill remittance be made within 30 days of receipt.

In cases of hardship, or where circumstances are such that a full remittance cannot be made to the

Borough within the sixty-day period, the Borough Council shall hereby authorize the Borough Solicitor to

enter into negotiations with the owner or his agent for an extended payback period of time not to exceed six

months.

All monies received under the provisions of this Part shall be placed into the General Fund and

reimbursement be made to all public and private sector departments or agencies who had submitted

related costs, fees, charges and expenses for providing an extraordinary service as outlined herein.

§ 10-503. Litigation.

[Ord. 450, 10/10/1994]

The Borough may enforce the provisions of this Part by civil action in a court of competent jurisdiction for the

collection of any amounts due hereunder plus attorney's fees or for any other relief that may be appropriate.

§ 10-504. Emergency Services.

[Ord. 450, 10/10/1994]

Nothing in this Part shall authorize the Borough bureau, department or personnel or staff members to refuse or

delay an emergency service to any person, firm, organization or corporation that has not reimbursed the Borough for

extraordinary services. Furthermore, nothing in this Section shall be construed to demand reimbursement to the

Borough for those municipal services that are normally provided to Borough residents and others as a matter of the

Borough's general operating procedure, and for which the levying of taxes, or the demand for reimbursement is

normally made.

PART 6. PUBLIC SECURITY CAMERA SYSTEMS

§ 10-601. Purpose.

[Ord. 594, 10/15/2019]

The purpose of this Part is to ensure that all public security camera systems:

Further a legitimate, clearly articulated public safety purpose;

Can effectively achieve their articulated purpose;

Can achieve their articulated purpose more efficiently than could alternative means;

Minimally impact constitutional rights;

Employ an open and publicly accountable process; and

Employ technological and administrative safeguards to reduce the potential for misuse and abuse of the

system.

§ 10-602. Definitions.

[Ord. 594, 10/15/2019]

As used in this Part and/or the regulations promulgated by Borough Council, certain words and phrases are defined

as follows:

APPENDING DATA

Using technology to attach personally identifiable information, such as name, address, or criminal history, to

footage or other records of the public security camera system such that those subsequently accessing the

footage or records can also access the attached personal information.

AUDIO RECORDING

A permanent or retrievable record of oral conversations and audible sounds. The Borough of Canton public

security cameras shall perform no audio recording. Audio recording is governed by state and federal law and is

separate and apart from the recording performed by the security cameras in the public right-of-way. Any

recordings that capture audio shall be treated under the provisions of the Pennsylvania Wiretapping and

Electronic Surveillance Control Act, Act of October 4, 1978, P.L. 831, No. 164, 18 Pa.C.S.A. § 5701 et seq., as

amended, and/or the federal Electronic Communications Privacy Act of 1986, Pub. L. No. 99-508, 100 Stat.

1848 (1986), 18 U.S.C. § 2510 et seq., as amended.

AUTOMATIC IDENTIFICATION

Use of a public security camera system in conjunction with biometric or other digital technologies to ascertain or

confirm the identity of an individual whose image is captured on public security camera footage, whether in real

time, as applied to recorded footage, or prospectively.

AUTOMATIC TRACKING

The use of a public security camera system to follow a specific individual or his or her vehicle with technology

operating independently of immediate or direct human control, regardless of whether his or her identity is

known, so as to create a seamless record of his or her activity during a specific period.

BOROUGH PUBLIC SECURITY CAMERA

A public security camera, owned or controlled by the Borough of Canton, focused on a public place, paid for in

whole or in part with Borough or other government monies, not hand-held by system operators, implemented for

a period of time up to 180 days and then to continue indefinitely, and the primary purpose of which extends

beyond a single, specific law enforcement investigation.

GOVERNMENT MONIES

Funds secured from the Borough Council or any other federal, state, county or Borough funding source.

HARM

Physical, financial or emotional injury and is not limited to legal wrongs or violations of legal duties.

INSTALLATION

An arrangement of cameras allowing them to operate without direct manual control.

MISUSE

Use, operation of or interaction with a PSC system in a manner inconsistent with the use restrictions described

in this Part or otherwise not conforming to the approved purposes of the PSC system.

OBSERVATION or MONITORING

Real-time viewing of live camera images.

OPERATOR or BOROUGH OPERATOR

A Borough employee or designee authorized and trained to use the system, working for or under the

supervision or control of the Canton Borough Council.

PAN, TILT AND ZOOM

Manipulating a camera to view areas outside the original image frame or measurably increase the resolution of

the images rendered.

PUBLIC SECURITY CAMERA FOOTAGE or FOOTAGE

Any images recorded by a public security camera system or by a public security camera paid for with

government monies, including time and location data and any additional metadata or information appended to

the images on the footage.

PUBLIC SECURITY CAMERA SYSTEM or PSC SYSTEM or SYSTEM

Two or more government-owned and -operated cameras focused on a public place and remotely operated.

RECORDED

Images that are preserved and stored by a public security camera system for later review. This includes

preservation for any length of time beyond a short window necessary to perform an initial review of the footage.

REVIEWER

Person to be appointed by Council on a yearly basis and the Police Chief (not to include someone temporarily

acting as Police Chief) and the Borough Administrator to such an extent as to use the pan/tilt/focus on any and

all monitors/cameras.

SECONDARY PURPOSE

An intentional, planned and authorized use of a system, a component of it, or the collected data, for a purpose

other than an original approved purpose for the system.

THIRD PARTIES

Individuals or entities (other than the individual requesting access to records relating to himself or herself) that

are not under the supervision or control of the Canton Borough Council.

§ 10-603. Borough to Abide by Principles for Use.

[Ord. 594, 10/15/2019]

The Borough of Canton intends to abide by the following principles in its use of public security cameras and

recordings:

When images are recorded, stored, reviewed or otherwise processed, the purpose for such activity shall be

stated and recorded;

Borough-owned public security cameras shall be open and the camera-monitored areas shall have signs

advising the public of the presence of the cameras;

Images collected by operation of Borough public security cameras shall be retained no longer than

necessary. Any long-term retention shall be in accordance with this Part;

Access to data from Borough public security cameras shall be available upon written request;

Images acquired by the Borough from public security cameras shall not be used for any purpose other than

the described purpose set forth in the application for access;

Borough public security cameras shall be directed at the public right-of-way or public property so that no

recording is performed except of events and persons in the public right-of-way or in public view, or on

public property. Public security cameras in residential areas shall not provide visual access not available to

the general public;

Borough public security camera operators shall be trained and supervised in the responsible, lawful and

ethical use of the cameras, the recording equipment and the recorded images. Access to footage shall be

limited, and the limited number of personnel with access to footage shall likewise be trained and

supervised in the responsible, lawful and ethical use of footage;

There shall be specific sanctions for misuse or abuse of the system or of the footage including suspension

without pay or termination;

Borough-owned public security camera footage shall not typically be monitored except when an event

triggers the need for short-term monitoring.

There shall be no audio recording.

§ 10-604. Deployment of Security Cameras.

[Ord. 594, 10/15/2019]

Borough public security cameras may be deployed only in those public property areas experiencing a distinct

pattern of crimes being committed on public space where utilization of camera surveillance could detect and/or

eliminate such crimes. From and after the effective date of this Part, a public security camera location shall be

approved preliminarily for installation and use by a person to be appointed by Council on a yearly basis and the

Police Chief (not to include someone temporarily acting as Police Chief) and the Borough Administrator.

The proposed location is a public space experiencing a distinct pattern of crime;

The potential to deter and/or eliminate such criminal activity outweighs any concerns asserted by the

affected community;

There exists significant support from the affected community for the camera(s).

Borough public security cameras, and any and all footage, may be used only by those persons authorized

herein and may be used solely in the specific instances set forth in this Part, and use of public security cameras

by such persons in any other manner or location, or for any other purpose, is expressly prohibited. The Borough

Secretary shall maintain a log of all public security camera locations, and the dates of their approval by the

Borough Council. Such log shall be available to the public. The Borough Secretary shall maintain a log of all

security cameras monitoring activity on Borough property.

§ 10-605. Public Emergency.

[Ord. 594, 10/15/2019]

Borough public security cameras, and any and all footage, may be used for the purpose of providing surveillance

during any public emergency, including, but not limited to, weather emergencies, fire emergencies, flood, pollution

incidents or threat conditions connected with the safety of any person.

§ 10-606. Law Enforcement and Crime Prevention.

[Ord. 594, 10/15/2019]

Borough public security cameras, and any and all footage, may be used for the purpose of providing surveillance in

the service of law enforcement and crime investigation and prevention within the Borough of Canton where there is

suspected criminal activity or situations causing concerns for public safety or where there is a potential for criminal

activity.

§ 10-607. Direction of Camera at Public Right-of-Way and/or Public

Property.

[Ord. 594, 10/15/2019]

All public security camera systems and public security cameras shall be directed at the public right-of-way or public

property so that no recording is performed except of events and persons in the public right-of-way or in public view.

Public security cameras in residential areas shall not provide visual access not available to the general public.

§ 10-608. Retention of Footage and Data.

[Ord. 594, 10/15/2019]

All footage and accompanying data from Borough public security cameras must be automatically deleted or

recorded over after expiration of 180 days, except where retained for a specific criminal investigation or in

connection with an incident that may subject the Borough to liability or to protect the Borough from any claims.

§ 10-609. Disclosure of and Third-Party Access to Footage.

[Ord. 594, 10/15/2019]

Except as otherwise provided in §§ 10-611, 10-612 and 10-613 of this Part, or as otherwise required by federal or

state laws, the operator shall not disclose footage or other data gathered or compiled by or stored in a Borough

public security system or a Borough public security camera to third parties or provide to or allow third parties to

access such footage data. Access to a Borough public security camera system and its facilities and stored data,

including but not limited to control rooms, databases, and cameras, by the Borough operator and its employees or

agents shall be limited to enumerated lists of authorized Borough operators to be appointed by Council on a yearly

basis and the Police Chief (not to include someone temporarily acting as Police Chief) and the Borough

Administrator who have completed the requisite training program described in this Part.

§ 10-610. When Access Allowed; Log of Access.

[Ord. 594, 10/15/2019]

A Borough operator may access and use Borough recorded footage for purposes consistent with the purpose of the

system as articulated in this Part. No additional approval is required for such use, once the footage has been

properly retained pursuant to the retention requirements of this Part. All access to footage shall be logged indicating

the person who had access, when access took place, what was viewed and the purpose for the access.

§ 10-611. Pertinence to Criminal Defendants.

[Ord. 594, 10/15/2019]

As this Part pertains to criminal defendants:

In accordance with the Pennsylvania and the Federal Rules of Criminal Procedure, defendants in criminal

cases may obtain public security camera footage related to the charges pending against them that is within

the Borough's possession, custody, or control.

If public security camera footage is intended to be used in the prosecution's case in chief in a criminal trial,

the criminal defendant shall be provided with all the information as required by applicable state and federal

laws.

Footage disclosed to criminal defendants under this Section shall not be disclosed to the public, except to

the extent necessary to defend against the criminal charges in the action under which the footage is

disclosed.

§ 10-612. Use of Footage in Civil Suits Between Private Litigants.

[Ord. 594, 10/15/2019]

As this Part relates to footage being used in civil suits between private litigants:

Data collected by Borough public security camera systems is for law enforcement purposes and shall not

be available to the parties or discoverable in civil trials between private litigants except pursuant to an order

of a court of competent jurisdiction and upon prior request made within 30 days of the event upon which

the claim is based.

Data collected by Borough public security camera systems shall be made available to the parties in actions

based on alleged police misconduct, but only upon prior request made within 30 days of the event upon

which the claim is based.

Any data collected by Borough public security camera systems which contains footage relevant to a claim

for damages which may be made to the Borough under the Political Subdivision Tort Claims Act shall be

made available to the Borough and to the claimant if request therefor is made in writing to the Borough

Right to Know Officer within 30 days of the event upon which the claim is based.

§ 10-613. Use of Footage by Other Government Entities.

[Ord. 594, 10/15/2019]

As this Part relates to other government entities:

Except as provided in § 10-611, a governmental entity may not access or use Borough recorded footage.

A governmental authority may apply for an order authorizing access to Borough recorded footage;

provided, that such application is made within 30 days of the footage being compiled. Such applications

shall be in writing upon oath or affirmation to the Borough Right to Know Officer and shall require a full and

complete statement of the facts and circumstances surrounding the incident that has led to a request for

access to Borough recorded footage; a listing of specific cameras and specific times; specific guidelines to

determine whether or not to grant permission to access Borough recorded footage. These guidelines

should include, but are not limited to, severity of the crime; providing probable cause that an individual is

committing, has committed, or is about to commit a crime and that access to Borough recorded footage

would provide evidence or information about the crime.

§ 10-614. Recordkeeping.

[Ord. 594, 10/15/2019]

Detailed records shall be kept by Canton Borough in a secure location under the control of the Borough

Secretary pending review and during litigation and/or permanently stored if legally necessary in a safe deposit

box in the name of Canton Borough regarding the operation of and access to the Borough public security

camera system, including:

An ongoing log of all those who maintain, operate, observe, inspect, or access the public security camera

system and/or any data or footage collected by that system, including the purposes of each activity, the

names of the individuals engaging in that activity, and the times and dates when such access occurs;

An ongoing log of all recorded footage, including how long the footage has been retained, why the

recorded footage was retained, and copies of any orders for extended retention, if they exist; and

An ongoing log of all disclosures of recorded footage, including a description of what is contained in the

footage, the names of any parties to which the footage was disclosed, when the footage was disclosed, the

reasons for disclosure, and copies of any orders for disclosure, if they exist.

§ 10-615. Selection and Training of Operators.

[Ord. 594, 10/15/2019]

The Canton Borough Council shall provide training for all operators of the Borough-owned public security camera

systems.

§ 10-616. Certification to be Signed by Operators.

[Ord. 594, 10/15/2019]

All operators of Borough public security cameras shall sign a certification that they have read and understand this

Part.

§ 10-617. Access Limited to Enumerated Lists of Authorized Operators.

[Ord. 594, 10/15/2019]

Access to a Borough public security camera system and its facilities and stored data, including but not limited to

control rooms, databases, and cameras, by the operator and its employees or agents shall be limited to enumerated

lists of authorized operators who have completed the requisite training program described in §§ 10-615 and 10-616

of this Part, except where data must be provided to third parties as enumerated in §§ 10-611, 10-612 and 10-613 of

this Part.

§ 10-618. Public Notification of Borough Surveillance Cameras.

[Ord. 594, 10/15/2019]

Notices in locations subject to the Borough public security cameras shall be posted stating, in clear language,

that such location is subject to observation and, if applicable, recording, by a public security camera system.

Notices posted pursuant to Subsection 1 of this Section shall be posted at the major public street entrances to

the Borough and the entrances to any public property or building that houses a camera.

§ 10-619. Periodic Reviews of Existing Systems.

[Ord. 594, 10/15/2019]

Reviews must be conducted in case of misuse or harm, alterations or change in purpose.

Chapter 11. Housing

PART 1. NON-OWNER OCCUPIED RESIDENTIAL PROPERTIES

§ 11-101. General Purpose.

[Ord. 608, 9/12/2022]

Purpose, Scope and Declaration of Policy. It is the purpose of this Part to establish policies and regulations

which will facilitate the protection and promotion of the health, safety and welfare of the residents of the

Borough of Canton; to ensure the safe and responsible maintenance and inspection of those properties which

are non-owner occupied residential properties within the boundaries of the Borough of Canton; to ensure the

safety and well-being of the occupants of those properties, and the safety and property values of the Borough of

Canton.

§ 11-102. Definitions.

[Ord. 608, 9/12/2022]

ACCESSORY USE OR STRUCTURE

A use or structure on the lot with and of a nature customarily incidental and subordinate to the principal use or

structure.

APPLICANT

Any person making application to the Borough for approval of a desired activity covered under the adopted

ordinance.

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BOROUGH

The Borough of Canton, Bradford County, Pennsylvania.

BOROUGH COUNCIL

The duly elected or appointed persons comprising the Borough Council of the Borough of Canton, Bradford

County, Pennsylvania.

CODE ENFORCEMENT OFFICER

The individual, person or entity appointed, contracted or designated by the Borough Council for the purpose of

enforcing compliance with the ordinances and Codes of the Borough of Canton.

CODE(S)

The officially adopted regulations/ordinances comprising the Code of the Borough, including all adopted Zoning

and Property Maintenance regulations of the Borough of Canton, Bradford County, Pennsylvania.

COMMON AREA

Any area, open or enclosed, whether interior or exterior, shared by occupants or that the occupants have the

right to share including, but not limited to, kitchens, bathrooms, living rooms, dining areas, garages, laundry

areas, hallways, stairwells, attics, basements and any room used for parties, social events or the congregation

of people, or any open area on the property owned by the landlord that the occupants have the right to use,

including but not limited to porches, decks, patios, yards, parking lots, driveways and walkways.

COUNTY

A recognized governmental entity having powers designated to it by the Commonwealth of Pennsylvania to

operate as a County. As applied to the ordinances of Canton Borough, typically Bradford County.

DWELLING UNIT

One or more rooms occupied by the occupant and comprising one family, and including permanent provisions

for living, sleeping, sanitation and eating, whether including or not including cooking.

FEDERAL

The government of the United States of America.

GARBAGE

Any refuse, animal and vegetable matter, offal from meat, fish or fowl, fruits, vegetables and parts thereof, and

other articles and materials ordinarily used for food which have become unfit for such use or which are for any

reason discarded.

GOVERNING BODY

The Borough Council of Canton.

GUEST

A person on the premises with or without the actual or implied consent of an occupant.

INDIVIDUAL RESIDENTIAL UNIT/ONE-FAMILY DWELLING

Hereinafter referred to as residential unit, any building or portion thereof designed or used exclusively by one or

more related persons, but not more than one family, as a residence or sleeping place, or a single unit providing

complete, independent living facilities for one or more related persons, and/or including permanent provisions

for living, sleeping, sanitation and eating, whether including or not including cooking. For the purposes of the

non-owner occupied residential property ordinance, this term shall not be deemed to include a property if it is

licensed, regulated and inspected in accordance with Federal and/or State regulations as a hotel or motel,

hospital, nursing home, assisted living facility or group home, but shall include dormitory, fraternity or sorority

houses. Hereafter referred to as a residential unit or rental unit.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and

upkeep, but not including the cutting away of any wall, partition, or portion thereof, the removal or cutting of any

structural beam or bearing support or the removal or change of any required means of egress or rearrangement

of parts of a structure affecting the exit requirements; nor shall "minor repairs" include the addition to, alteration

of or replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste,

vent or similar piping, electrical wiring or mechanical or other work affecting public health or general safety.

MULTIPLE RESIDENTIAL UNIT DWELLING/MULTI-FAMILY HOUSING FACILITY

A building or portion thereof containing two or more individual residential units including but not limited to

garden apartments, townhouses, elevator apartments, condominiums and conversion apartments. For the

purposes of the non-owner occupied rental inspection ordinance, this term shall not be deemed to include a

property if it is licensed, regulated and inspected in accordance with Federal and/or State regulations as a hotel

or motel, hospital, nursing home, assisted living facility or group home, but does include a dormitory, fraternity

or sorority house.

MUNICIPALITY

The Borough of Canton.

NON-OWNER OCCUPIED RESIDENTIAL UNIT

A dwelling unit within or upon a premises, occupied by one or more related or unrelated persons for the

purpose of maintaining living quarters in accordance with a rental or occupancy agreement or lease. Hereafter

referred to as a rental unit.

OCCUPANCY LIMIT

The legal number of related individuals permitted to occupy a single non-owner occupied residential property as

a dwelling.

OCCUPANCY PERMIT

The document issued in accordance with Borough ordinance to the owner of a non-owner occupied residential

property, which by its issuance authorizes the property to be occupied by tenants.

OCCUPANT/TENANT

Any person, including domestic service employees, living and/or sleeping in a dwelling unit. For the purpose of

the non-owner occupied residential rental inspection ordinance an occupant/tenant shall be defined as an

individual(s) occupying a residential unit in which the individual has no legal ownership or title. Hereafter

referred to as occupant.

OWNER

A person or other legal entity in whom is vested all or part of the legal title to an owner or non-owner occupied

residential property, including a mortgage holder in possession of an owner occupied or non-owner occupied

residential property, or any person recorded in the official records of the State, County or municipality as holding

title to the property; or otherwise having control of the property, including the heirs or guardian of an estate of

any such person; or the executor or administrator of the trust or estate of such person if ordered to take

possession of real property by a court, or by power of attorney; or the owner of real property determined to be in

violation of an ordinance of the Borough. Whenever used in any clause prescribing or imposing a penalty, the

term "owner" as applied to partnerships or associations shall mean the partners or members thereof, and as

applied to corporations or trusts the officers thereof.

PERSON

Any individual or group of individuals, a natural person, partnership, corporation, unincorporated or incorporated

association, limited partnership, firm or corporation, trust or any other entity, either as principal or agent.

POLICE

The Police Department of the Borough of Canton or any properly authorized member or officer thereof or any

other law enforcement agency having jurisdiction within the Borough of Canton.

PREMISES

Any parcel of real property in the Borough of Canton, including the land and all buildings and auxiliary

structures or elements, on or in which one or more owner or non-owner occupied residential units is located.

REFUSE

All matter and materials discarded or rejected by their owners thereof as offensive or useless or which, by their

presence and accumulation, may injuriously affect the health, comfort and safety of the residents of the

Borough and shall include but not be limited to ashes, garbage, rubbish, litter and other discarded materials, but

shall exclude human body waste.

Of or pertaining to persons related to one another through blood to the level of first cousins, adoption or

marriage.

RENTAL AGREEMENT/LEASE/OCCUPANCY OR RESIDENCY AGREEMENT

A verbal or written agreement between the owner of a non-owner occupied residential rental unit and the

occupant(s), embodying the terms and conditions concerning the use and occupancy of a specified non-owner

occupied residential property or premises. Hereafter referred to as rental agreement.

RUBBISH

Any sylvan materials, plastic materials, leather, rags, grass, straw or manure and all solid combustible matter

not included in this section under the term "garbage."

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well

as a manufactured home.

SYLVAN MATERIALS

Any substances composed of wood, including but not limited to leaves, brush, trees, paper, newspapers,

magazines and similar natural items.

UNRELATED

Of or pertaining to persons not related to one another through blood to the level of first cousins, adoption or

marriage.

§ 11-103. Property and Tenant Registration and Rental Occupancy

Permits.

[Ord. 608, 9/12/2022]

Property Registration. Within 60 days of the adoption of the ordinance codified in this Part, the Borough shall

provide to each known owner of a rental unit, a blank property registration form, upon adoption of a resolution

by Borough Council adopting such a form, to be completed and returned to the Borough within 30 days.

The owner of a multiple unit dwelling may complete one property registration form with an attachment listing

multiple contiguous buildings within a complex; provided, that the list clearly identifies each building by legal

address and provides the listing of each rental unit within each building individually by unit number and address.

Following the initial property registration, the owner shall be required to inform the Borough of any substantial

change to the property registration information within 10 calendar days of the date on which the change occurs.

Examples of such changes would include, but are not limited to, change in owner contact information, change in

ownership, change in building use, discontinuation of rental use, etc.

The owner shall be required to verify the information contained within a property registration form prior to the

renewal date of a rental occupancy permit, as part of the notification of required inspection.

A property registration fee, payable to the Borough, may be assessed by the Borough upon adoption of a

resolution by Borough Council adopting such a fee, which resolution shall have the same effect as if set forth

herein in full.

Unoccupied/vacant rental units are required to be registered with the Borough.

Requirements for Rental Occupancy Permit. No rental unit shall be permitted to be initially occupied until a

rental occupancy permit has been issued by the Codes Compliance Officer. The rental occupancy permit will

only be issued after completion of an inspection by the Codes Compliance Officer, and determination that the

property is in compliance with the Code(s) of the Borough of Canton.

A separate rental occupancy permit shall be required for each individual rental unit comprising a multiple unit

dwelling.

A copy of the current rental occupancy permit shall be kept in the landlord's records and be available upon

request from law enforcement, code enforcement or tenant.

Occupancy Permits. For a newly registered rental unit(s), the rental occupancy permit will either be issued or

denied for specified reasons within 15 days of the receipt of a completed application and the completion of a

satisfactory inspection of the rental unit(s).

The denial of an initial application for a rental occupancy permit will be for failure to provide the required

information and/or documentation; failure to comply with applicable Federal, State or County regulations; or

failure to comply with applicable Borough of Canton ordinances or Codes.

Rental unit(s) are required to have a current rental occupancy permit whether occupied, unoccupied or vacant.

Rental Occupancy Permit Term. A rental occupancy permit shall have a term of three years beginning from the

issue date of the initial rental occupancy permit, and renewable only upon completion of required inspection and

verification of compliance with the regulations of this Part.

Rental Occupancy Without Permit. The owner shall be in violation of this Part if they allow the rental unit to be

occupied prior to the issuance of the initial rental occupancy permit for a new rental unit; or to be occupied

during any period after which the rental occupancy permit remains unearned, expired, suspended or revoked.

Rental Occupancy Permit Fee. Upon application for a rental occupancy permit and prior to issuance or renewal

10.

thereof, each applicant shall pay to the Borough a rental occupancy permit fee, in an amount to be established,

from time to time, by a resolution adopted by the Borough Council; which resolution shall have the same effect

as if set forth herein in full. Such resolution may provide for more than one fee scale for different categories of

premises, as set forth specifically in the resolution. The rental occupancy permit fee is intended to be used to

pay for the costs associated with the administration and enforcement of these regulations, for the completion of

investigations and periodic inspections by the Code Officer, and for other reasonably necessary activities

directly related thereto, as part of the annual code enforcement budget of the Borough.

Maximum Occupancy. In accordance with applicable health and safety regulations, the rental occupancy permit

shall indicate the maximum number of occupants permitted to occupy each rental unit as a living space.

Rental Occupancy Permit - Unpaid Fees, Costs, Taxes or Fines. No rental occupancy permit shall be issued if

the owner has any unpaid fees, costs, taxes or fines, past due and payable to the Borough.

Rental Occupancy Permit Revocation. A rental occupancy permit may be revoked due to noncompliance with

regulations set forth in this Part. See § 11-107 of this Part.

Tenant Registration. The owner shall be required to furnish to the Borough a list of the current tenants

occupying their rental units. Such registration shall be made each year at a minimum of one time between the

period of January 1 and June 30, and one time between the period of July 1 and December 31, and additionally

within 10 days of a change in tenant information.

§ 11-104. Inspections of Rental Units.

[Ord. 608, 9/12/2022]

Frequency of Inspections. All rental units, including those unoccupied or vacant, and any applicable adjacent

common areas as defined by the Borough ordinance, shall be initially inspected by the Codes Compliance

Officer prior to the issuance of an initial rental occupancy permit, and inspected by the Codes Compliance

Officer a minimum of tri-annually (once every three years) thereafter. The owner shall permit inspections of any

regulated premises by the Codes Compliance Officer at a mutually agreed upon time which will not be

unreasonably denied. All such inspections shall be performed under and as provided for within this Part and

any applicable Borough Code.

Additional inspections may be performed at the request of the owner or an occupant currently residing within

the rental unit, or upon receipt by the Codes Compliance Officer of a valid complaint from a reliable person,

agency, etc., and as otherwise permitted by law. Additional inspections may be subject to a fee in accordance

with a fee schedule adopted by resolution of the Borough Council. Additional inspections do not remove or alter

the date of inspection required for renewal of the rental occupancy permit.

The owner can request the mandatory inspection be done up to three months prior to the required date;

however, the rental occupancy permit renewal date will still qualify as the benchmark for the next required

inspection.

Failure to Comply with Inspections. Should an owner fail to comply with the inspection requirements set forth in

this Part, the Codes Compliance Officer may apply to the Magisterial District Judge having jurisdiction in the

Borough for a search warrant to enter and inspect the premises. Any and all costs relating to the application,

issuance and enforcement of a search warrant will be assessed against the owner, and will be due and payable

to the Borough.

Failure to pay the assessed costs will result in further collection proceedings and actions as allowed by current

law, and any additional court costs and/or legal fees incurred by the Borough will also be assessed against the

owner.

Inspection Deficiencies or Code Violations. All deficiencies or code violations documented by the Codes

Compliance Officer during an inspection must be corrected within 30 days of the inspection report; provided,

that such deficiencies or code violations do not cause the rental unit to be unfit for habitation or pose a serious

threat to the safety of the occupants, adjacent property or the public. In the event that the Codes Compliance

Officer, in their sole discretion, determines that the resolution of the violation is of such a nature or scope that it

cannot be reasonably completed within the stated time requirements as set forth above, the Codes Compliance

Officer may issue a written extension to a maximum of 60 days; provided, that such extension does not

endanger the health and welfare of the occupants, adjacent property or the public.

Inspection Guide. Within 60 days of the adoption of the ordinance codified in this Part, the Borough shall

provide to each known owner of a rental unit, a Borough of Canton rental inspection guide, upon adoption of a

resolution by Borough Council adopting such a guide, for reference for inspections to be completed under this

Part.

§ 11-105. Duties of Owners Pertaining to Compliance With This Part and

Maintenance of Rental Units.

[Ord. 608, 9/12/2022]

Regulatory Compliance. It shall be the duty of every owner to comply with the regulations of this Part, and any

and all applicable codes or ordinances of the Borough and all applicable Federal, State and County laws and

regulations.

Permitted Use. Except as allowable by applicable law or code(s), the owner shall prohibit the use of or by an

occupant of a rental unit for any purpose other than as a residence.

Owner/Occupant Disputes. Except as warranted by law enforcement activities of the Canton Borough Police

Department in accordance with existing law, the Borough of Canton will not engage in the mediation of owner/

occupant disputes with regard to property rights, etc. All such matters are the civil responsibility of the

individuals involved.

The Codes Compliance Officer will respond appropriately with regard to any owner or occupant complaints

regarding safety or maintenance issues within or upon the rental unit or adjacent common areas, and will take

the appropriate action against the owner with regard to compliance with all applicable regulations or Borough

Code.

Regardless of the terms of any verbal or written agreement between the owner and the occupant, the Borough

shall regard the owner of any rental unit to be the sole entity responsible and liable for compliance with the

regulations of this Part. The owner shall be responsible to provide, secure or contract the performance of all

routine maintenance or repairs necessary to ensure full compliance. In no case shall the existence of any

agreement between the owner and the occupant relieve the owner of any responsibility or penalty under this

Part or other ordinances or codes regarding property maintenance.

§ 11-106. Ordinance Violations (Other Than Code Violations).

[Ord. 608, 9/12/2022]

The owner of a rental unit found to be in violation of this Part shall be notified of the violation within 10 days of

the occurrence and shall have 10 days after receipt of written notice from the Codes Compliance Officer to

resolve the violation(s). Failure to resolve the violation(s) will result in the issuance of a citation in accordance

with § 11-107 of this Part.

In the event that three violations of this Part, whether caused by either the owner or occupant, involving the

same rental unit, occur within a one-year period beginning on the date of issuance of a rental occupancy permit,

or within each one-year period thereafter, the Codes Compliance Officer may suspend the rental occupancy

permit, resulting in the mandatory vacating of the rental unit.

§ 11-107. Penalties.

[Ord. 608, 9/12/2022]

Any person, partnership, firm or corporation failing to apply for a rental permit shall be charged with a summary

offense, be sentenced to a fine of not more than $300 in addition to attorney fees and court costs incurred in

such prosecution and in default of payment and be subject to a term of imprisonment not to exceed 30 days.

Any person, partnership, firm or corporation failing to meet the minimum standards for permit issuance after the

Codes Compliance Officer has inspected a property two times shall be charged with a summary offense, be

sentenced to a fine of not more than $300 in addition to attorney fees and court costs incurred in such

prosecution and in default of payment and be subject to a term of imprisonment not to exceed 30 days.

Each day that a violation continues shall constitute a separate violation, unless the District Justice determines

that there was a good faith basis for the person, partnership or corporation violating this Part to have believed

that there was no such violation, in which event there shall be deemed to have been only one such violation

until the fifth day following the date of the determination of a violation by the District Justice and thereafter each

day that a violation continues shall constitute a separate violation.

§ 11-108. Hearings Before Borough Council on Revocation of a Rental

Occupancy Permit.

[Ord. 608, 9/12/2022]

Any landlord aggrieved by the revocation of a rental occupancy permit shall have the right to request and have a

hearing before the Canton Borough Council. If any person so aggrieved desires a hearing, they shall, within five

days after receiving notice of the revocation, advise the Borough Secretary, in writing, of the request for a hearing.

The hearing before the Borough Council shall be held within 30 days from the date on which the Borough Council

received the hearing request. Upon completion of the hearing, the Borough Council shall, within 10 days, issue a

written decision based upon written findings of fact affirming or overturning the revocation of the rental occupancy

permit.

Chapter 12. Libraries

(Reserved)

Chapter 13. Licenses, Permits and General Business Regulations

PART 1. TRANSIENT RETAIL MERCHANTS

§ 13-101. Definitions.

[Ord. 329, 5/1/1978; as amended by Ord. 470, 9/14/1998]

EXEMPTIONS

Exceptions from licensing requirements granted to:

Farmers selling their own produce.

Home business-type distributors of nationally known products.

Locally based representatives of nationally known products.

The sale of goods, wares and merchandise, the proceeds whereof are to be applied to any local:

Social purpose.

Recreational purpose.

Educational purpose.

Charitable purpose.

Philanthropic purpose.

Manufacturer or producer of milk in the sale of milk or milk products.

PEDDLER

Any person engaging in peddling as hereinabove defined.

PEDDLING

Engaging in peddling, canvassing, soliciting of donations, soliciting or taking of orders (either by sample or

otherwise) for goods, wares or merchandise.

PERSON

Any natural person, association, partnership, firm or corporation The singular shall include the plural and the

masculine shall include the feminine and neuter in this Part.

§ 13-102. Application.

[Ord. 329, 5/1/1978]

No person shall engage in peddling within the Borough without first having applied for and obtained a license 24

hours in advance of the date on which peddling is to be done.

§ 13-103. License Requirements.

[Ord. 329, 5/1/1978; as amended by Ord. 470, 9/14/1998]

Any party desiring to engage in peddling within the Borough of Canton shall first make application to the

Borough Administrator for a license. The minimum information they shall give will be:

Name and address.

Previous criminal record.

Type of goods, wares and merchandise he wishes to peddle.

Length of time they desire to have license and date peddling to be done.

The number of helpers to be used. (Any individual making an application for himself and any additional

helpers shall furnish the information required above for each helper. Each helper shall be required to have

a permit.)

Type of and registration number of vehicle utilized.

No license under this Part shall be transferable from one party to another.

§ 13-104. Fees.

[Ord. 329, 5/1/1978; as amended by Ord. 470, 9/14/1998]

No license shall be issued until the proper fees shall be paid to the Borough Administrator which shall be for the use

of the Borough. The fees shall be in amounts as established, from time to time by resolution of the Borough Council.

§ 13-105. License.

[Ord. 329, 5/1/1989; as amended by Ord. 470, 9/14/1998]

After the application procedures have been completed and a license indicating the applicable information has been

issued, each peddler shall at all times when peddling in the Borough carry such license upon his person and exhibit

such license upon the request of any police officer, any Borough officials or any citizen. No peddler shall sell any

product not indicated upon the license. A time limit for the license will be stated in the permit.

§ 13-106. Prohibited Actions.

[Ord. 329, 5/1/1978; as amended by Ord. 470, 9/14/1998]

No person licensed as a peddler shall engage in peddling:

Any time on Sunday or a legal holiday.

Monday through Saturday except between the hours of 9:00 a.m. and 5:00 p.m.

Hawk or cry his wares upon any of the streets or sidewalks of the Borough or shall he use any loudspeaker

or horn or any other device for announcing his presence by which the public is annoyed.

Nor may any peddler deposit any refuse upon any of the streets or alleys of the Borough nor maintain or

keep a street or curbstone market by parking any vehicle upon any street or alley in the Borough to sell

therefrom to persons residing in the immediate vicinity.

Occupy any fixed location upon any of the streets, alleys or sidewalks of the Borough with or without any

stand or counter.

§ 13-107. Records and Enforcement.

[Ord. 329, 5/1/1978; as amended by Ord. 470, 9/14/1998]

The Borough Administrator shall keep a record of all licenses issued. The Chief of Police shall apply daily to the

Mayor and/or Borough Administrator for a list of those licenses issued the previous day. The Mayor and Chief of

Police shall supervise the activities of all holders of licenses. The Mayor or Borough Administrator is hereby

authorized to suspend any license issued when he decides the suspension would be beneficial to the health,

safety or morals of the residents of the Borough or for violation of any of the provisions of this Part or for giving

false information upon the application for license to peddle within the Borough. In the event of a suspension the

party shall not be eligible for a license for one year from date of suspension.

Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be

sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a

term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a

separate offense.

Chapter 14. Mobile Homes and Mobile Home Parks

(Reserved)

Chapter 15. Motor Vehicles

PART 1. GENERAL REGULATIONS

§ 15-101. Definitions and Interpretation.

[Ord. 568, 4/8/2013]

Words and phrases, when used in this Chapter, except for Sections or Parts to which different or additional

definitions apply, shall have the meanings ascribed to them in The Vehicle Code (the Act of June 17, 1976, P.L.

162 No. 81), as amended, except that, in this Chapter, the word "street" may be used interchangeably with the

word "highway," and shall have the same meaning as the word "highway" as defined in the Vehicle Code.

The term "legal holidays" as used in this Chapter shall mean and include: New Year's Day, Memorial Day,

Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

In this Chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall

include the feminine.

§ 15-102. Manner of Adopting Permanent Traffic and Parking

Regulations.

[Ord. 568, 4/8/2013]

All traffic and parking regulations of a permanent nature shall be enacted as ordinances, as parts of ordinances, as

amendments to ordinances, or as amendments to this Chapter, except where the law specifically authorizes less

formal action.

§ 15-103. Provisions to be Continuation of Existing Regulations.

[Ord. 568, 4/8/2013]

The provisions of this Chapter, so far as they are the same as those of ordinances and regulations in force

immediately before the enactment of this Chapter, are intended as a continuation of those earlier ordinances and

regulations, and not as new enactments. Nothing in this Chapter shall affect any act done or liability incurred, or any

suit or prosecution pending or to be instituted under any of those repealed or superseded ordinances or regulations.

§ 15-104. Temporary and Emergency Regulations.

[Ord. 568, 4/8/2013]

The Chief of Police and/or the Mayor shall have the following powers to regulate traffic and parking temporarily

and in time of emergency:

In the case of fire, flood, storm or other emergency, to establish temporary traffic and/or parking

regulations; and,

In the case of emergency or to facilitate public works, or in the conduct of parades, processions or public

events, to restrict or prohibit traffic and/or parking in limited areas for periods of not more than 72 hours.

Such temporary and emergency regulations shall be enforced by the Police Department in the same manner as

permanent regulations. Any person who shall operate or park a vehicle or tractor in violation of any such

regulations, or who shall move, remove, destroy, injure or deface any sign or marking erected, posted or made

to give notice of any such regulation, shall, upon conviction thereof, be subject to the penalty set forth in the law

or elsewhere in this Chapter for a violation of such nature, and, in case of a violation for which no specific

penalty is set forth in the law or elsewhere in this Chapter, to a fine of not more than $600 together with costs of

prosecution.

§ 15-105. Experimental Regulations.

[Ord. 568, 4/8/2013]

The Borough Council may, from time to time by resolution, designate places upon and along the highways in the

Borough where, for a period of not more than 90 days, specific traffic and/or parking regulations, prohibitions and

restrictions shall be in force and effect, and shall designate such locations by proper signs and markings. Such

regulations, prohibitions and restrictions shall be effective as if they had been specified in this Chapter. No person

shall operate or park a vehicle or tractor in violation of any such regulation, prohibition or restriction, and no person

shall move, remove, destroy or deface any sign or marking erected, posted or made by authority of this Section. Any

person who shall violate any provision of this Section shall, upon conviction thereof, be subject to the penalty set

forth in the law or elsewhere in this Chapter for a violation of such nature, and in case of a violation for which no

specific penalty is set forth in the law or elsewhere in this Chapter, to a fine of not more than $600 together with

costs of prosecution; provided, the purpose of this Section is to allow for the test and experimental determination of

the feasibility and desirability of permanent changes in the ordinances of the Borough relative to traffic and parking.

§ 15-106. Traffic on Streets Closed or Restricted for Construction,

Maintenance or Special Events.

[Ord. 568, 4/8/2013]

The Borough Council and/or the Chief of Police and/or the Street Superintendent shall have authority to close

any street or specific part of a street to vehicular traffic and to place barriers or station police officers at each

end of the closed portion, while construction or maintenance work is under way or a special event is being

conducted on the closed portion. It shall be unlawful for any person to drive a vehicle upon any such closed

portion.

The Borough Council shall have authority to establish a restricted traffic area upon any street where

construction or maintenance work is under way and to station flagmen at each end of the restricted portion. It

shall be unlawful for any person to drive a vehicle upon any such restricted traffic area at any time when the

flagman is displaying a sign directing that vehicle to stop, or is signaling that vehicle, by a flag or other device,

not to proceed.

Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of not

more than $600 and costs.

§ 15-107. Use of Streets by Processions and Assemblages.

[Ord. 568, 4/8/2013]

For the purpose of this Section, the words "assemblage" and "procession" shall have the following meanings:

ASSEMBLAGE

A gathering of people without vehicles, which interferes with the movement of pedestrian or vehicular traffic

on any street.

PROCESSION

A group of individuals, vehicles, animals and/or objects moving along a street in a way that interferes with

the normal movement of traffic. A procession shall not include a funeral caravan or military convoy.

It shall be unlawful for any person to hold or participate in any assemblage unless the person organizing or

conducting the assemblage first obtains a permit from the Borough Council, which shall be issued without fee

by the Borough Police and filed with PennDOT. Application for the permit shall be made at least one week in

advance of the day on which the assemblage is proposed to be held, but in any case where a State-designated

highway is proposed to be used, application shall be made at least six weeks in advance of the proposed date.

The permit shall state the place where and the date when the assemblage is to be held, the hour when the

assemblage may convene and the hour by which it shall have been completely dispersed. It shall be unlawful

for any person to hold or to participate in any assemblage unless the permit has been granted, or at any time or

place other than that authorized by the permit.

It shall be unlawful for any person to hold or participate in any procession unless the person organizing or

conducting the procession first obtains a permit from the Borough Council, which shall be issued without fee by

the Borough Police and filed with PennDOT. Application for the permit shall be made at least two weeks in

advance of the day when the procession is proposed to be held, but in any case where a State-designated

highway is proposed to be used, application shall be made at least six weeks in advance of the proposed date.

The permit shall specify the date on which the procession is to be held, the route to be followed by the

procession, the hour when and place where participants may commence to assemble and form before the

procession is under way, the time when the procession may commence to move along its route, and the time by

which the end of the procession shall have reached the end of the route of the procession and the procession

shall have been disbanded. It shall be unlawful for any person to hold or to participate in any procession unless

the permit shall have been granted, or under any conditions as to time or route or otherwise than those stated in

the permit.

Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of not

more than $600 and costs.

§ 15-108. Authority of Police Officers.

[Ord. 568, 4/8/2013]

The police officers of the Borough are hereby authorized to direct traffic on the highways of the Borough and at

intersections thereof and to otherwise enforce the provisions of this Chapter.

§ 15-109. Authorization for Use of Speed Timing Devices.

[Ord. 568, 4/8/2013]

The Borough Police Department is hereby authorized to use all speed timing devices, including but not limited

to stop watches and ENRADD, for the determination of speed of a motor vehicle as are approved or will be

approved by the Department of Transportation of the Commonwealth of Pennsylvania, in accordance with Title

75, Pa.C.S.A. § 3368.

This Section authorizes the use of said devices upon all highways within the Borough, be they Borough, County

or State highways, and does also hereby elect to exercise all powers granted to "local authorities" under the

Vehicle Code of the Commonwealth of Pennsylvania, 75 Pa.C.S.A. § 6101 et seq. (1977) as hereafter

amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.

PART 2. TRAFFIC REGULATIONS

§ 15-201. Maximum Speed Limits Established on Certain Streets.

[Ord. 568, 4/8/2013]

Maximum speed limits are established on the following Borough Streets, as follows, and it shall be unlawful for

any person to drive a vehicle on any street, or part of any street, where a maximum speed limit applies, at a

higher speed than the maximum prescribed for that street:

Street Between Maximum

Brann Street The entire length 25 mph

Carlton Street The entire length 25 mph

Chestnut Street The entire length 25 mph

Clinton Street The entire length 25 mph

East Carson Street The entire length 25 mph

East Main Street Regulated by Pennsylvania Department of

Transportation

East Second Street A one block area from the center of South

Washington Street to the center of Montague

Street of the street

15 mph

East Second Street From the center of South Center Street to the

center of South Washington Street and from the

center of Montague Street to the end of East

Second Street

25 mph

East South Avenue Regulated by Pennsylvania Department of

Transportation

East Tioga Street The entire length 25 mph

East Union Street Entire length of street except for school zone dur-

ing specified hours

25 mph

East Union Street From the center of Elm Street to a point 231 feet

west (School Zone)

15 mph (between

8-8:30 a.m. and be-

tween 3-3:30 p.m.

Mondays through

Fridays when school

is in session)

Elm Street The entire length 25 mph

Fassett Street The entire length 25 mph

First Street The entire length 25 mph

High Street The entire length 25 mph

Little Street The entire length 25 mph

Lower Mountain Road To the Borough line 25 mph

Lycoming Street The entire length 25 mph

Montague Street The entire length 25 mph

North Center Street Regulated by Pennsylvania Department of

Transportation

North Minnequa Avenue The entire length 25 mph

North Street Within the Borough boundaries 25 mph

Street Between Maximum

North Washington Street The entire length 25 mph

Park Place The entire length 25 mph

South Center Street The entire length 25 mph

South Minnequa Avenue Regulated by Pennsylvania Department of

Transportation

South Washington Street The entire length 25 mph

Springbrook Drive Regulated by Pennsylvania Department of

Transportation

Sullivan Street The entire length 25 mph

Trippe Street The entire length 25 mph

Troy Street Regulated by Pennsylvania Department of

Transportation

Upper Mountain Road To the Borough line 25 mph

West Carson Street The entire length 25 mph

West Main Street Regulated by Pennsylvania Department of

Transportation

West Second Street The entire length 25 mph

West South Avenue Within the Borough boundaries 25 mph

West Tioga Street The entire length 25 mph

West Union Street To the Borough line 25 mph

Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $35.

Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of

$2 per mile for each mile in excess of five miles per hour over the maximum speed limit.

§ 15-202. Traffic Signals at Certain Locations.

[Ord. 568, 4/8/2013]

At the following locations, traffic signals as indicated below shall be erected (or are ratified if previously

erected), and traffic at those locations shall be directed by those signals:

Location Type of Signal

Intersection of Lycoming Street, Sullivan Street, Route

14 and Route 414

Traffic signal

Any driver of a vehicle who disobeys the directions of any traffic signal shall, upon conviction, be sentenced to

pay a fine of $25 and costs.

§ 15-203. Intersections Where Turn Prohibited on Red Signal.

[Ord. 568, 4/8/2013]

The following are established as intersections where drivers of vehicles headed in the direction or directions

indicated are prohibited from making a right turn (or a left turn from a one-way street into another one-way

street) on a steady red signal:

Intersection Vehicles Traveling On Facing

Lycoming Street and Route 14 Lycoming Street East

Route 14 and West Main Street Troy Street (Route 14) South

West Main Street and Route 14 West Main Street West

Any driver of a vehicle who violates any provision of this Section shall, upon conviction, be sentenced to pay a

fine of $25 and costs.

§ 15-204. Stop Intersections Established.

[Ord. 568, 4/8/2013]

The following intersections (in addition to intersections with the through highways established by § 15-212) are

established as stop intersections, and official stop signs shall be erected (or are ratified if previously erected) in

such a position as to face traffic approaching the second-named street (the intersecting or through street) on

the first-named street (the stop street) in the direction or directions indicated for that intersection. Every driver of

a vehicle approaching the intersection on the first named or stop street, in the direction indicated in each case,

shall stop the vehicle as required by Section 3323(b) of the Vehicle Code, and shall not proceed into or across

the second-named or intersecting or through street until he has followed all applicable requirements of that

Section of the law.

Stop Street Intersection or Through Street Direction of Travel

All streets approaching East Main Street North and South

All streets approaching Lycoming Street West and South

All streets approaching Troy Street East, West and North

All streets approaching West Main Street East, North and South

All streets approaching West Union Street West, North and South

Carlton Street West South Avenue North

Chestnut Street East Union Street North

East Carson Street North Center Street West

East Second Street Fassett Street East and West

East Second Street Montague East and West

East Second Street South Minnequa Avenue East and West

East Second Street South Washington Street East and West

East South Avenue South Minnequa Avenue West

East Tioga Street North Center Street West

East Tioga Street North Minnequa Avenue East

East Union Street Elm Street East and West

East Union Street North Center Street West

East Union Street North Minnequa Avenue East and West

Elm Street East Union Street North and South

First Street Montague Street East

First Street South Washington Street West

High Street West Union Street South

McIntosh Lane North Center Street East

Montague Street East Second Street East and West

North Minnequa Avenue East Carson Street South

North Minnequa Avenue East Union Street North and South

North Washington Street East Union Street North

Park Place Lycoming Street South

South Center Street East Second Street North and South

Sullivan Street Springbrook Drive North

Sullivan Street West South Avenue South

Stop Street Intersection or Through Street Direction of Travel

Unnamed road which leaves East

Carson Street and goes over the

concrete bridge

North Minnequa Avenue East and West

West Carson Street North Center Street East

West Second Street South Center Street East

West South Avenue South Minnequa Avenue East

West Tioga Street North Center Street East

Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25

and costs.

§ 15-205. Operation of Motor Vehicles Restricted on Public Lands.

[Ord. 568, 4/8/2013]

No motor vehicle including a motorcycle, pedalcycle, minibike, 4-wheelers, ATV's or snowmobiles shall be

operated on any property owned by the Borough or any other public agency or instrumentality within the

Borough without the permission of the property owner and a permit from the Council of the Borough.

Any person who violates any provision of this Section shall, upon conviction, be sentenced to pay a fine of $25

and costs.

§ 15-206. One-Way Roadways Established.

[Ord. 568, 4/8/2013]

The following are established as one-way roadways, and it shall be unlawful for any person to drive a vehicle on

any one-way street other than in the direction established for traffic on that street:

Street From To Direction of Travel

Trippe Street High Street Approximately 350 feet to left hand turn

on Trippe Street

East

Any person who violates any provision of this Section, upon conviction, shall be sentenced to pay a fine of $25

and costs.

PART 3. RESTRICTIONS ON SIZE, WEIGHT AND TYPE OF

VEHICLE AND LOAD

§ 15-301. Definitions.

[Ord. 568, 4/8/2013]

Definitions. As used in this Section, the following terms shall have the meanings indicated:

BOROUGH

The Borough of Canton, Bradford County, Pennsylvania.

LOCAL TRAFFIC

Emergency vehicles.

School buses.

Motor buses being operated in the Borough on regularly established routes.

Garbage collection and disposal vehicles.

Vehicles and combinations of government agencies or utilities or their contractors engaged in

construction or maintenance (including snow removal) on a posted street or in a location which can be

reached only via a street.

Vehicles and/or combination of vehicles going to or from a residence, commercial establishment or

farm located on a posted street or which can be reached only via a posted street.

Vehicles making pick ups and deliveries.

POSTED STREET

A street having a posted weight and/or size limit.

SEMI TRAILER

A trailer so constructed that some of its weight rests upon or is carried by the towing vehicle.

STREET

The entire width between the boundary line of every way publicly maintained when any part thereof is open

to the use of the public for purpose of vehicular traffic.

TRAILER

A vehicle designed to be towed by a motor vehicle including, but not limited to, travel trailers, campers,

boat trailers and utility trailers.

TRUCK

A motor vehicle designed, used or maintained primarily for the transportation of property.

TRUCK TRACTOR

A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry

a load other than a part of the weight of the vehicle of the load so drawn.

VEHICLE CODE

The Vehicle Code of Pennsylvania, Act of June 17, 1976, P.L. 162, No. 81, effective July 1, 1977, as

amended (75 Pa.C.S.A. § 101-9701).

All other terms used in this Section shall have the same definition as they have in the Pennsylvania Vehicle

Code.

§ 15-302. Vehicle Weight Limits Established on Certain Streets and

Bridges.

[Ord. 568, 4/8/2013]

On the following bridges and streets or parts of streets, by authority granted by Section 4902(a) of the Vehicle

Code, it shall be unlawful for any person or persons to drive any vehicle or combination having a gross weight

in excess of the maximum prescribed below for that bridge or street or part of street, as the case may be:

Street or Bridge Between Maximum Gross Weight

North Minnequa Avenue Wooden bridge 32 tons

Unnamed road which leaves East

Carson Street

Concrete bridge 37 tons

Any person who violates any provision of this Section shall be prosecuted under Sections 4902(a) and

4902(g-1) of the Vehicle Code, and, upon conviction, shall be sentenced to pay a fine of $150 plus $150 for

each 500 pounds, or part thereof, in excess of 3,000 pounds over the maximum allowable weight, and costs.

§ 15-303. Restrictions on Size of Vehicles on Certain Streets and Bridges.

[Ord. 568, 4/8/2013]

On the following bridges and streets or parts of streets, by authority granted by Section 4902(b) of the Vehicle

Code, it shall be unlawful for any person to drive any vehicle or combination in violation of the size restrictions

prescribed below for that bridge or street or part of street:

Street or Bridge Between Restrictions

East Second Street Route 154 and Fassett Street Combination of truck tractor (mini-

mum length of 25 feet and width of

96 inches) and trailer or semi trailer

(minimum length of 45 feet)

Fassett Street Entire length Combination of truck tractor (mini-

mum length of 25 feet and width of

96 inches) and trailer or semi trailer

(minimum length of 45 feet)

Montague Street Entire length Combination of truck tractor (mini-

mum length of 25 feet and width of

96 inches) and trailer or semi trailer

(minimum length of 45 feet)

Exempted are local traffic as referenced and defined in § 15-301 above.

Any person who violates any provision of this Section shall be prosecuted under Section 4902(b) and of the

Vehicle Code, and, upon conviction, shall be sentenced to pay a fine of not more than $500 and costs and

restitution.

§ 15-304. Restrictions as to Weight and Size of Vehicles on Certain

Streets and Bridges.

[Ord. 568, 4/8/2013]

By reason of hazardous traffic conditions and other safety factors, by authority granted by Section 4902(b) of

the Vehicle Code, it shall be unlawful for any person to drive any vehicle or combination in violation of the

restriction prescribed below for that bridge or street or part of street.

Street or Bridge Between Restrictions

[Reserved]

Any person who violates any provision of this Section shall be prosecuted under Sections 4902(b) and

4902(g-1) of the Vehicle Code, and, upon conviction, shall be sentenced to pay a fine of not less than $25 and

not more than $100 and costs.

§ 15-305. Truck Traffic Restricted on Certain Streets.

[Ord. 568, 4/8/2013]

Parking of Trucks Prohibited on Certain Streets and Idling on Public or Private Property Prohibited During

Certain Times. Parking of trucks, trailers, truck tractors and/or truck tractors and trailers and motor homes other

than for the purposes of loading or unloading cargo, is prohibited on the Borough streets as follows:

On all of the Borough streets that are in the sections of the Borough zoned R1, R2 and Mobile Home Park

District.

Truck trailers, truck tractors and/or truck tractors and trailers and motor homes cannot idle on public or

private property between the hours of 6:00 p.m. and 6:00 a.m. in the sections of the Borough zoned R1, R2

and Mobile Home Park District. Truck trailers, truck tractors and/or truck tractors and trailers that are

equipped with a refrigeration unit, if the unit is operating, cannot be parked in sections of the Borough

zoned R1, R2 or Mobile Home Park District between the hours of 6:00 p.m. and 6:00 a.m.

Exceptions.

Pickup trucks having no more than one rear axle and no more than one tire per side upon the rear axle are

hereby excepted from the provisions of this Section.

Trucks making local deliveries may use the said Borough streets; provided that access to a property cannot

be obtained unless they use Borough streets.

Parking. Parking of uninspected, unregistered or unlicensed or damaged motor vehicles of any type or class is

prohibited upon any of the Borough streets.

Violations and Penalties. Violation of this Section shall be a summary offense, the penalty for which shall be not

more than $600. Each day of violation may be considered a separate offense.

PART 4. GENERAL PARKING REGULATIONS

§ 15-401. Vehicles to be Parked Within Marked Spaces.

[Ord. 568, 4/8/2013]

Wherever a space is marked off on any street for the parking of an individual vehicle, every vehicle parked there

shall be parked wholly within the lines bounding that space, and it shall be a violation of this Part for any person to

park a vehicle or allow it to remain parked otherwise.

§ 15-402. Parking Prohibited at all Times in Certain Locations.

[Ord. 568, 4/8/2013]

Parking shall be prohibited at all times in the following locations, including all marked spots by paint or signage, as

well as is allowed under the PA Vehicle Code with regard to fire hydrants, crosswalks, traffic control signals and stop

signs:

Street Side Between

East Main Street North 16 feet west of parking spaces after drive for

Schoonover's Plumbing & Heating

East Main Street North 17 feet west of parking spaces after Schoonover's

Plumbing & Heating

East Main Street North 21 feet west of marked parking spaces between inter-

section of North Minnequa Avenue and driveway

East Main Street North 22 feet space marked for Police parking only that is ap-

proximately 49 feet east of intersection with North

Center Street

East Main Street North 27 feet east of intersection with North Center Street

East Main Street North 50 feet from the North Minnequa intersection starting at

the intersection and heading east toward the Church

East Main Street North Intersection of North Minnequa Avenue to a point 40

feet west

East Main Street South 22 feet east of marked handicap space

East Main Street South 30 feet east of intersection with South Center Street

East Main Street South 44 feet of emergency parking only marked near the

northwest corner of McCallum Manor

East Main Street South 68 feet west of intersection of South Minnequa Avenue

East Second Street North War Memorial Pavilion east to Fassett Street

East Second Street South South Washington Street to Fassett Street

East Tioga Street South The area in front of 6 East Tioga Street

Fire Lane Both As marked from Park Place through the Municipal

Parking Lot

Street Side Between

Highway Route 14/414 South Borough line and a point 605 feet east

Lycoming Street North All spaces other than the 2 designated spaces begin-

ning at the intersection of the Canton Pharmacy parking

lot and Lycoming Street and extending west to the inter-

section of Park Place and Lycoming Street

Lycoming Street South West Main Street to a point 448 feet west

North Center Street East 30 feet north of intersection with East Main Street

North Center Street West 41 feet north of intersection with West Main Street

South Minnequa Avenue East East Main Street to south line of 11 South Minnequa

Avenue

South Washington Street Both East Second Street and a point 30 feet North

Sullivan Street Both West Main Street and West Second Street

Troy Street East 69 feet north to alley/driveway

Troy Street East Area south of intersection with West Union Street north

to Borough line

Troy Street East In front of 50 Troy Street which is the parking space fur-

thest to the north of the two parking spaces in front of 50

Troy Street

Troy Street East Two driveways leading into the Service Station

Troy Street West 54 feet north of red light intersection

Troy Street West Area south of intersection with West Union Street north

to Borough line

West Main Street North 20 feet west of alley and east of 2 parking spaces

West Main Street North 30 feet west of center block crosswalk

West Main Street North 30 feet east of intersection with North Center Street

West Main Street North 31 feet east of center block crosswalk

West Main Street North No parking from end of 3rd parking space to red light in-

tersection

West Main Street South 20 feet east of center block crosswalk

West Main Street South 25 feet east from red light intersection

West Main Street South 29 feet west of center block crosswalk

West Main Street South 37 feet west of intersection with South Center Street

West Second Street North Sullivan Street to South Center Street

West Second Street South Sullivan Street to South Center Street

§ 15-403. Parking Prohibited in Certain Locations Certain Days and

Hours.

[Ord. 568, 4/8/2013]

Parking shall be prohibited in the following locations at all times on the days and between the hours indicated in this

Section, as follows:

Street Side Between

[Reserved]

§ 15-404. Parking of Trucks, Buses and Certain other Vehicles Prohibited

in Certain Locations.

[Ord. 568, 4/8/2013]

It shall be unlawful for any person to park, or to allow to remain parked, on any of the following streets or parts

of streets, any vehicle other than a passenger car (which shall not include any bus, motor home or passenger

car attached to a trailer of any kind):

Street Between

[Reserved]

Additionally, tractor trailers are prohibited from parking 50 feet from the intersection of Main Street and

Minnequa Avenue beside the McCallum Manor complex on the south side of Main Street.

Truck parking is prohibited 50 feet east on the west bound lane of East Main Street from the intersection with

North Minnequa Avenue.

§ 15-405. Parking Time Limited in Certain Locations Certain Days and

Hours.

[Ord. 568, 4/8/2013]

[Reserved]

§ 15-406. Special Purpose Parking Zones Established; Parking Otherwise

Prohibited.

[Ord. 568, 4/8/2013]

It shall be unlawful for any owner or operator of a motor vehicle or other vehicle to park said motor vehicle or other

vehicle in an area designated as reserved for handicapped vehicle operators or owners unless that owner or

operator possesses a Pennsylvania Registration Plate or Placard issued by the Pennsylvania Department of

Transportation identifying the owner or operator as handicapped. The portion of the streets which are established as

reserved for handicapped vehicle owners or operators, or other specified purposes, are as follows:

Street Side Location Authorized Purpose or Vehicle

— — One parking space approxi-

mately at the center of the east

side of the Canton Municipal

parking lot

Handicapped parking

North Center Street East First parking space past the

driveway to the Borough office

Handicapped parking

North Center Street East One parking space north of the

North Center Street intersection

Handicapped parking

Park Place — One parking space immediately

in front of the Canton Borough

Authority Office at 62 Park Place

Handicapped parking

Second Street North Adjacent to the pavilion at the

park by the swimming pool

Handicapped parking

Troy Street West One parking space located im-

mediately in front of 21 Troy

Street

Handicapped parking

West Main Street South First parking space past the

driveway exit of the bank on the

corner

Handicapped parking

(Any other space identified by a sign as reserved for handicapped vehicle operators or owners)

§ 15-407. Standing or Parking on Roadway for Loading or Unloading.

[Ord. 568, 4/8/2013]

It shall be unlawful for any person to stop, stand or park a vehicle (other than a pedalcycle) on the roadway side of

any vehicle stopped or parked at the edge or curb of any street, except that standing or parking for the purpose of

loading or unloading persons or property shall be permitted on the following named streets on Monday through

Saturday, between the hours of 9:00 a.m. and 11:30 a.m. and between the hours of 1:00 p.m. and 4:00 p.m., and for

no longer than necessary for the loading or unloading.

Street Side Between

All Borough streets

§ 15-408. Angle Parking Required on Portions of Certain Streets.

[Ord. 568, 4/8/2013]

Only angle parking shall be permitted on the following portions of streets:

Street Side Between

Second Street North No parking zone to a point 217 feet west

South Washington Street East Private driveway to a point 150 feet north

On all streets where angle parking is required, every vehicle parked at the angle shall be parked with its front

nearest the curb.

§ 15-409. Penalties.

[Ord. 568, 4/8/2013]

Any person who violates any provision of this Part shall, upon conviction, be sentenced to pay a fine as referenced

in the Vehicle Code for that particular violation and costs. Provided: it shall be the duty of the appropriate employee

of the Borough to report to the appropriate official all violations of any provision of this Part, indicating, in each case:

the section violated; the license number of the vehicle involved in the violation; the location where the violation took

place; and any other facts that might be necessary in order to secure a clear understanding of the circumstances

attending the violation. The police officer or other person making the report shall also attach to or place upon every

such vehicle a notice stating that the vehicle was parked in violation of this Part. The notice shall contain instructions

to the owner or driver of the vehicle that if he will report to the office of the Chief of Police and pay the sum of $10

($50 for handicap parking) within five days after the time of the notice, or if he will place the sum of $10 ($50 for

handicap parking), enclosed within the envelope provided, in any of the special parking fine boxes installed at

various locations within the Borough, that act will save the violator from prosecution and from payment of the fine

and costs prescribed in the first sentence of this Section.

PART 5. SNOW AND ICE EMERGENCY, TEMPORARY PARKING

RESTRICTIONS FOR SNOW REMOVAL AND STREET

CLEANING

§ 15-501. Purpose.

[Ord. 568, 4/8/2013]

This Part is intended to regulate parking of vehicles on the streets of Canton Borough during and after periods of

snowfall to facilitate snow removal from the streets and to regulate said parking during all other times, as necessary,

to facilitate street cleaning efforts of the Borough.

§ 15-502. Declaration of Snow and Ice Emergency.

[Ord. 568, 4/8/2013]

In order to facilitate the movement of traffic and to combat the hazards of snow and ice on the snow

emergency routes named in § 15-505 of this Part, the Mayor and/or Emergency Management Coordinator

and/or Council President, in his discretion, may declare a snow and ice emergency (designated in this Part

as a "snow emergency"). Information on the existence of a snow emergency shall be given by the Borough

through radio, newspaper or other available media, and information on the termination of the emergency

may be given by use of the same media.

During a snow emergency so declared, parking will be disallowed along certain designated streets of the

Borough where signs have been placed and which bear the words "No Parking During Snow Emergency."

Depending on weather conditions and/or reports, the snow emergency declaration shall either be rescinded

or continued by the Mayor and/or Emergency Management Coordinator and/or Council President, or their

designee, by additional proclamation within 14 days.

And/or:

A snow emergency will automatically go into effect when a winter storm warning or heavy snow warning is

issued by the National Weather Service. The snow emergency shall stay in full effect until the National

Weather Service expires the warning notice.

The Mayor and/or Emergency Management Coordinator and/or Council President, or their designee,

reserves the right to extend the snow emergency after the National Weather Service terminates the

warning notice to allow for the removal of accumulated snow piles within the Borough. The Mayor and/or

Emergency Management Coordinator and/or Council President, or their designee, is only required to

remind the citizens of a snow emergency in effect by announcement over the local radio station if the

emergency is extended beyond the expiration of the warning notice issued by the National Weather

Service.

§ 15-503. Definitions.

[Ord. 568, 4/8/2013]

The following words and terms, as used in this Part, shall have the meanings hereby respectively ascribed thereto:

EMERGENCY PURPOSES

The use of a motor vehicle to transport medical personnel, fire, police, utilities and other persons otherwise

stranded by the storm.

SNOW EMERGENCY

An actual or threatened state of highway conditions caused by the accumulation on the streets of any amount of

snow that is hazardous and dangerous to vehicular and pedestrian traffic.

VEHICLE

Any self-propelled motorized vehicle using any street or highway in the Borough.

§ 15-504. Regulations and Restrictions.

[Ord. 568, 4/8/2013]

The following regulations shall apply during snow emergencies:

It shall be unlawful for any person to park a vehicle or to allow the same to remain parked on any

permanent snow emergency street or on any temporary emergency street posted as such. The fine shall

be $25 for each twenty-four-hour period the vehicle is in violation.

Any vehicle that shall become stalled, incapable of moving under its own power or left unattended upon

any traffic lane of any snow emergency street shall be deemed to be operated and/or parked in violation of

this Part, and the owner or operator of such vehicle shall be guilty of a violation of this Part.

Borough authorities may remove, by any means authorized by law, any vehicle parked in violation of this

Part or stalled or otherwise inoperative upon any snow emergency street, as herein prohibited, which is

constituting an extreme hazard to public safety and/or which jeopardizes the orderly performance of snow

emergency functions by the Borough's Street Department.

§ 15-505. Snow Emergency Routes Designated.

[Ord. 568, 4/8/2013]

The streets or parts of streets described below are hereby designated as permanent snow emergency streets.

Temporary snow emergency streets shall be designated by the Emergency Management Coordinator and/or

Mayor and/or Council President any time during a snow emergency by announcement over local radio stations

and by posting with temporary signs, such temporary snow emergency streets to have such temporary

emergency status beginning 24 hours after the applicable radio announcement or 24 hours after the posting

thereof, whichever shall be later.

Street Between

Fassett Street Entire length/both sides

North Washington Street Entire length/both sides

North Minnequa Avenue Entire length/both sides

Lycoming Street Entire length/both sides

East Tioga Street Entire length/both sides

High Street Entire length/both sides

McIntosh Lane Entire length/both sides

Clinton Street Entire length/both sides

§ 15-506. Temporary Parking Restrictions for Snow Removal and Street

Cleaning.

[Ord. 568, 4/8/2013]

Whenever, in the opinion of the Borough Police Chief and/or Borough Street Superintendent, or his designee,

as a result of anticipated storms or of snow already on the ground, it is in the best interests of the general public

for the purpose of snow removal and reopening of streets that certain parking be prohibited, the Borough Police

Chief and/or Borough Street Superintendent, or his designee, may cause to be advertised in a newspaper of

general circulation and flyers placed under vehicle windshields, information indicating that parking of vehicles is

disallowed for upcoming snow removal. Upon the advertisement and the placement of windshield flyer, it shall

be unlawful for any person to park or stop any vehicle, except for temporary loading and unloading, along the

side of the street so indicated. Any vehicle still parked in the prohibited areas shall be subject to the fines and

penalties specified in § 15-508.

Whenever, in the opinion of the Borough Street Superintendent, or his designee, it is in the best interests of the

general public to remove dirt, debris, leaves, etc., from the Borough streets, he may cause to be advertised in a

newspaper of general circulation and flyers placed under vehicle windshields, information indicating that parking

of vehicles is disallowed. Upon the advertisement and the placement of windshield flyer, it shall be unlawful for

any person to park or stop any vehicle, except for temporary loading and unloading, along the side of the street

indicated. Such advertisement shall be made and windshield flyers shall be placed at least 12 hours before the

Borough's street cleaning efforts shall be undertaken and shall indicate the time after which parking is

prohibited. Any vehicle still parked in the prohibited areas shall be subject to the fines and penalties specified in

§ 15-508.

§ 15-507. Towing.

[Ord. 568, 4/8/2013]

If in the event that an owner of a vehicle parked in a prohibited area cannot be located and it is necessary that the

vehicle be moved in order to facilitate snow removal and street cleaning efforts, the Borough Police Chief, or his

designee, may cause the vehicle to be towed to the nearest available parking place in the neighborhood. All costs of

such towing shall be billed by the Borough to the owner of said vehicle. Failure to pay these towing costs shall

cause the Borough to recover said costs through any legal means available to it.

§ 15-508. Penalty for Violation.

[Ord. 568, 4/8/2013]

If, at any time during a period of snow emergency declared under § 15-502 of this Part, a person shall park a motor

vehicle or allow a motor vehicle to remain parked anywhere upon a snow emergency route, that person shall be

guilty of a violation of this Part, and, upon conviction, shall be sentenced to pay a fine of not more than $600 and

costs.

PART 6. ENGINE BRAKE NOISE DISTURBANCE

§ 15-601. Short Title.

[Ord. 568, 4/8/2013]

This Part shall be known as the "Canton Borough Engine Suppression/Brake Retarder/Engine Brake Ordinance."

§ 15-602. Legislative Intent.

[Ord. 568, 4/8/2013]

The Borough Council of the Borough of Canton, Bradford County, Pennsylvania, finds as a fact that the operation of

an engine brake or an engine suppression device or a compression brake on a gasoline powered or diesel powered

motor vehicle not equipped with exhaust mufflers, or equipped with defective or modified exhaust mufflers, so as to

create excessive noise through the use of said engine brake or engine suppression device or compression brake,

adversely affects the public health, safety and welfare of the residents of the Borough of Canton and therefore, is a

nuisance in fact.

§ 15-603. Engine Brakes Prohibited.

[Ord. 568, 4/8/2013]

No gasoline powered or diesel powered motor vehicles shall be operated on the streets, roads, alleys or highways

listed below within the Borough of Canton, Bradford County, Pennsylvania, utilizing, in said operation, an engine

brake, engine suppression device or compression brake, without exhaust mufflers, or with defective or modified

exhaust mufflers permitting excessive noise to be created by said motor vehicle.

§ 15-604. Streets.

[Ord. 568, 4/8/2013]

The streets subject to this prohibition shall be as follows:

PA 14 northbound from approximately 265 feet south of traffic light to approximately 150 feet south of North

Street.

SR 3027 (North Center Street) northbound from East Main Street to approximately 175 feet south of

Canton Borough/Canton Township boundary.

SR 3027 (North Center Street) southbound from approximately 300 feet south of Canton Borough/Canton

Township boundary to East Main Street.

[1]

PA 414 eastbound from traffic light to approximately 175 feet west of school speed limit sign on north side

of street.

PA 414 westbound from approximately 300 feet east of school speed limit sign on north side of street to

traffic light.

All streets will be marked with signage as shown on attached maps.

[1]

Editor's Note: The maps attached to the original of Ord. 568 are on file in the Borough office.

§ 15-605. Emergency Situations.

[Ord. 568, 4/8/2013]

This Part shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the

safety and property of the residents of Canton Borough, other motor vehicle operators, pedestrians, and the

operator and passengers of the motor vehicle involved in said emergency situation.

§ 15-606. Penalty.

[Ord. 568, 4/8/2013]

Any person, firm, corporation or organization violating any of the provisions of this Part shall, upon summary

conviction before a district magistrate having jurisdiction, be sentenced to pay a fine of not more than $600 and

costs of prosecution, and in default of the payment thereof, shall be sentenced to undergo imprisonment in any

County Jail for a period not to exceed 10 days.

Chapter 16. Parks and Recreation

PART 1. WAR MEMORIAL PARK

§ 16-101. Rules and Regulations.

[Ord. 536, 8/13/2007]

Canton Borough wishes to set forth the rules and regulations for the War Memorial Park area in Canton

Borough, which will be designated as the area located between First Street and Second Street and South

Washington Street and Montague Street in the Borough of Canton.

The War Memorial Park area encompasses the basketball courts, the tennis courts, the swimming pool, the

volleyball courts, the pavilion, the playground equipment, the baseball field and any open spaces in between.

The Council of the Borough of Canton, Bradford County, Pennsylvania hereby ordains and enacts that:

This will be a no smoking area.

No alcoholic beverages are allowed.

No bicycles, skateboards, roller blades, scooters or other wheeled vehicles are allowed under the pavilion

or on any of the tables, equipment or tennis courts.

The War Memorial Park area will be open from 6:00 a.m. until 9:00 p.m. The Park area will be closed from 9:00

p.m. until 6:00 a.m. The tennis court area only will be open until 10:00 p.m. There will be no loitering in the Park

area after the Park area is closed.

If a special event is to be held in the Park area, Canton Borough Council reserves the right to give approval for

an extension of the Park area hours.

§ 16-102. Enforcement.

[Ord. 536, 8/13/2007]

Enforcement will be allowable by the Manager of the War Memorial Pool, Borough employees and/or Borough

Council.

§ 16-103. Violations.

[Ord. 536, 8/13/2007]

Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of

not more than $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to

exceed 30 days. A written warning will be sent to the parents of the offender for the first offense. The parents of the

offender will be cited for the second and subsequent offenses.

§ 16-104. Penalties.

[Ord. 536, 8/13/2007]

Any person or business that shall violate any provision of this Part shall, upon conviction thereof, be sentenced to

pay a fine not more than $600 plus costs and, in default of payment of said fine and costs, to undergo imprisonment

for a term not to exceed 30 days. Each day that a violation of this Part continues, after notice, shall constitute a

separate offense.

Chapter 17. Planned Residential Development

(Reserved)

Chapter 18. Sewers and Sewage Disposal

PART 1. HOLDING TANKS

§ 18-101. Purpose.

[Ord. 429, 7/9/1990]

The purpose of this Part is to establish procedures for the use and maintenance of existing and new holding tanks

designed to receive and retain sewage, whether from residential or commercial uses, and it is hereby declared that

the enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare

of the inhabitants of this Borough, except for such exemptions set aside by the Act of Assembly as shall be

applicable to agricultural uses.

§ 18-102. Definitions.

[Ord. 429, 7/9/1990]

Unless the context specifically and clearly indicates otherwise the meaning of terms used in this Part shall be as

follows:

AUTHORITY

The Borough Council of the Borough of Canton, Bradford County, Pennsylvania.

HOLDING TANK

A watertight receptacle, whether permanent or temporary, which receives and retains sewage conveyed by a

water carrying system and is designed and constructed to facilitate the ultimate disposal of the sewage at

another site.

IMPROVED PROPERTY

Any property within the Borough upon which here is erected a structure intended for continuous or periodic

habitation, occupancy or used by human beings or animals and from which structure sewage shall or may be

discharged.

MUNICIPALITY

The Borough of Canton, Bradford County, Pennsylvania.

OWNER

Any person vested with ownership, legal or equitable, sole or partial or any property located in the Borough.

PERSON

Any individual, partnership, company, association, corporation or other group or entity.

SEWAGE

Any substance that contains any of the waste products or excrement or other discharge from the bodies of

human beings or animals and any noxious or deleterious substance being harmful or inimical to the public

health or to animal or aquatic life or to the use of water for domestic water supply or for recreation, except such

exemptions as shall be set aside by act of assembly as exempt from requiring planning in the disposal of waste

for agricultural uses without actual harm resulting to wit: agricultural farm waste as defined under Chapter 101,

Subsection 101.3, regarding special water pollution regulations.

§ 18-103. Right and Privileges Granted.

[Ord. 429, 7/9/1990]

The Authority is hereby authorized and empowered to undertake within the Borough the control and methods of

holding tank use, sewage disposal and sewage collection and transportation thereof.

§ 18-104. Rules and Regulations.

[Ord. 429, 7/9/1990]

The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it

may deem necessary from time to time to effect the purposes herein.

§ 18-105. Rules and Regulations to be in Conformity with Applicable Law.

[Ord. 429, 7/9/1990]

All such rules and regulations adopted by the Authority shall be in conformity with the provisions of this Part, all

other ordinances of the Borough and all applicable laws and applicable rules and regulations of administrative

agencies of the Commonwealth of Pennsylvania.

§ 18-106. Rates and Charges.

[Ord. 429, 7/9/1990]

The Authority shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in

the area served by its facilities at reasonable and uniform rates as authorized by applicable law.

§ 18-107. Exclusiveness of Rights and Privileges.

[Ord. 429, 7/9/1990; as amended by Ord. 470, 9/14/1998]

The collection and transportation of all sewage from any improved property utilizing a holding tank shall be

done solely by or under the direction and control of the Authority and the disposal thereof shall be made only at

such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of

Pennsylvania.

The Authority will receive, review and retain pumping receipts from permitted holding tanks.

The Authority will complete and retain annual inspection reports for each permitted tank.

§ 18-108. Duties of Improved Property Owner.

[Ord. 429, 7/9/1990]

The owner of an improved property that utilizes a holding tank shall:

Maintain the holding tank in conformance with this Part or any ordinance of this Borough, the provisions of

any applicable law and the rules and regulations of the Authority and any administrative agency of the

Commonwealth of Pennsylvania.

Permit only the Authority or its agent to inspect holding tanks on an annual basis.

Permit only the Authority or its agent to collect, transport and dispose of the contents therein.

§ 18-109. Penalties.

[Ord. 429, 7/9/1990; as amended by Ord. 470, 9/14/1998]

Any person, firm or corporation who shall violate any provision of § 18-108 shall, upon conviction thereof, be

sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to

imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a

separate offense.

§ 18-110. Abatement of Nuisance.

[Ord. 429, 7/9/1990]

In addition to any other remedies provided in this Part, any violation of § 18-108, above, shall constitute a nuisance

and shall be abated by the Borough or the Authority by either seeking mitigation of the nuisance or appropriate

equitable or legal relief from a court of competent jurisdiction.

PART 2. PRIVY VAULTS

§ 18-201. Purposes.

[Ord. 430, 7/9/1990]

The purpose of this Part is to establish procedures for the use and maintenance of existing and new privies

designed to receive and retain sewage, whether from residential or commercial uses, and it is hereby declared that

the enactment of this Part is necessary for the protection, benefit and preservation of the health, safety and welfare

of the inhabitants of this Borough.

§ 18-202. Definitions.

[Ord. 430, 7/9/1990]

Unless the context specifically and clearly indicates otherwise the meaning of terms used in this Part shall be as

follows:

AUTHORITY

The Borough of Canton, Bradford County, Pennsylvania.

IMPROVED PROPERTY

Any property within the Borough upon which there is erected a structure intended for continuous or periodic

habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be

discharged.

MUNICIPALITY

The Borough of Canton, Bradford County, Pennsylvania.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough.

PERSON

Any individual, partnership, company, association, corporation or other group or entity.

PRIVY

A watertight receptacle, whether permanent or temporary, which receives and retains sewage where water

under pressure or piped waste water is not available and is designed and constructed to facilitate the ultimate

disposal of the sewage at another site.

SEWAGE

Any substance that contains any of the waste products or excrement or other discharge form the bodies of

human beings or animals and any noxious or deleterious substance being harmful or inimical to the public

health or to animal or aquatic life or to the use of water for domestic water supply or for recreation or any

substance which constitutes pollution under the Clean Streams law (35 P.S. §§ 691.1 - 691.1001).

§ 18-203. Rights and Privileges Granted.

[Ord. 430, 7/9/1990]

The Authority is hereby authorized and empowered to undertake within the Borough the control and methods of

privy use, sewage disposal and sewage collection and transportation thereof.

§ 18-204. Rules and Regulations.

[Ord. 430, 7/9/1990]

The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it

may deem necessary from time to time to effect the purposes herein.

§ 18-205. Rules and Regulations to be in Conformity With Applicable

Law.

[Ord. 430, 7/9/1990]

All such rules and regulations adopted by the Authority shall be in conformity with the provisions of this Part, all

other ordinances of the Borough and all applicable laws and applicable rules and regulations of administrative

agencies of the Commonwealth of Pennsylvania.

§ 18-206. Rates and Charges.

[Ord. 430, 7/9/1990]

The Authority shall have the right and power to fix, charge and collect rates, assessments and other charges in the

area served by its facilities at reasonable and uniform rates as authorized by applicable law.

§ 18-207. Condition of Privy Use.

[Ord. 430, 7/9/1990]

The property owner must show that site and soil suitability testing of the lot has been conducted by the Sewage

Enforcement Officer and that the site meets the Title 25, Chapter 73, "Standards for Sewage Disposal

Facilities," requirements for the ultimate sewage disposal by an approved onlot system if water under pressure

or piped waste water becomes available to the lot.

At such time that water under pressure becomes available the property owner must remove the privy and

replace the privy with an approved onlot system.

The conditions of use described in Subsection 1 above do not apply:

To a privy to be used on an isolated lot which is not nor will be served by water under pressure in the

future.

To temporary use of portable retention tanks where their use is proposed at construction sites or at the site

of public gatherings and entertainment.

Specific conditions for use of privies shall be incorporated in the permit applications and permit for the proposed

use of a privy.

The authority is provided the opportunity to inspect the privy for proper operation, maintenance and content

disposal.

§ 18-208. Exclusiveness of Rights and Privileges.

[Ord. 430, 7/9/1990; as amended by Ord. 470, 9/14/1998]

The collection and transportation of all sewage from any improved property utilizing a privy shall be done solely by

or under the direction and control of the Authority and the disposal thereof shall be made only at such site or sites as

may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.

§ 18-209. Duties of Improved Property Owner.

[Ord. 430, 7/9/1990]

The owner of an improved property that utilizes a privy shall:

Maintain the privy in conformance with this Part or any ordinance of this Borough, the provisions of any

applicable law and the rules and regulations of the Authority and any administrative agency of the

Commonwealth of Pennsylvania.

Permit only the Authority or its agent to collect, transport and dispose of the contents therein.

Abandon the privy consistent with applicable public health and environmental standards and obtain a

permit for and install an approved onlot system meeting Chapter 73 standards in the event that water under

pressure or piped wastewater becomes available to the property.

Permit the Authority to enter upon lands to inspect the privy for proper operation, maintenance and

contents disposal.

§ 18-210. Penalties.

[Ord. 430, 7/9/1990; as amended by Ord. 470, 9/14/1998]

Any person, firm or corporation who shall violate any provisions of §§ 18-207, 18-208 or 18-209 shall, upon

conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said

fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues

shall constitute a separate offense.

§ 18-211. Abatement of Nuisances.

[Ord. 430, 7/9/1990]

In addition to any other remedies provided in this Part any violation of § 18-209 above shall constitute a nuisance

and shall be abated by the Borough or the Authority by either seeking mitigation of the nuisance or appropriate

equitable or legal relief from a court of competent jurisdiction.

PART 3. LICENSES AND INSPECTIONS

§ 18-301. Short Title.

[Ord. 304, 6/23/1975]

This Part shall be known and may be cited as the "Canton Borough Sanitation Ordinance."

§ 18-302. Permit Required.

[Ord. 304, 6/23/1975; as amended by Ord. 470, 9/14/1998]

No person shall install an individual sewage disposal system or construct any building in which an individual sewage

disposal system is to be installed or major alterations are to be made to an existing system without first obtaining a

permit indicating that the site and plans and specifications of such system are in compliance with this Part and the

standards and regulations of the Pennsylvania Department of Environmental Protection. This Part shall apply

without regard to the area or size of the real property on which the said individual sewage disposal system is to be

constructed.

§ 18-303. Application for Permit.

[Ord. 304, 6/23/1975]

The application for the permit shall be submitted in writing to Canton Borough on forms supplied by Canton Borough

and shall be submitted to the licensing officer as hereinafter described. Said forms may be those supplied by the

Committee on Sanitation for Bradford County.

§ 18-304. Designation of Licensing Officer.

[Ord. 304, 6/23/1975]

The Borough Council of Canton Borough shall by resolution designate a licensing officer who shall serve at the

pleasure of the said Borough Council. The salary of the said officer shall be fixed by the said Borough Council. The

said officer may be the nominee of the Committee on Sanitation for Bradford County with the salary as set by

agreement with said Committee.

§ 18-305. Designation of Inspection Officer.

[Ord. 304, 6/23/1975]

The Borough Council of Canton Borough shall by resolution designate an inspection officer who shall serve at the

pleasure of the said Borough Council. The salary of the said officer shall be as fixed by the said Borough Council.

The said officer may be the nominee of the Committee on Sanitation for Bradford County with the salary as set by

agreement with said Committee.

§ 18-306. Issuance of Permit.

[Ord. 304, 6/23/1975]

The inspection officer, upon consideration of the application for permit and sewage facility plans, shall within seven

days after receiving the said permit issue the said permit or deny a permit. Denial of the permit shall be supported

by a statement in writing of the reasons for such action. In the event the data submitted by the applicant is

incomplete, the time for acting upon the said permit shall be extended for seven days beyond the date of submission

of adequate supplementary or amendatory data.

§ 18-307. Approval to Cover.

[Ord. 304, 6/23/1975]

No system or structure designed to provide individual sewage disposal to any realty improvement shall be covered

from view until approval to cover the same has been given by the inspection officer. If 72 hours have elapsed,

excepting Sundays and holidays, since the inspection officer received notification of completion of construction the

applicant may cover said system or structure unless permission has been refused by the inspection officer.

§ 18-308. Hearings.

[Ord. 304, 6/23/1975]

In case any permit is denied or revoked a hearing shall be held thereon before the Borough Council of Canton

Borough within 15 days after the request therefor is made by the applicant. Within seven days following the date of

such hearing the applicant shall be notified in writing of the determination of said hearing.

§ 18-309. Revocation of Permit.

[Ord. 304, 6/23/1975]

In the event the inspection officer determines that any change has occurred in the physical condition of any land of a

realty improvement which will materially affect the operation of the individual sewage disposal system covered by

the permit, the permit shall be revoked and a new permit shall be obtained before construction shall proceed;

provided, that no additional charge shall be made if a second permit is applied for within 30 days after the first

permit shall be issued.

§ 18-310. Powers of Inspection Officer.

[Ord. 304, 6/23/1975]

The inspection officer shall have the power to make or cause to be made such inspections and tests as may be

necessary to carry out the provisions of this Part and shall have the right to enter upon such lands for such

purposes.

§ 18-311. Fees.

[Ord. 304, 6/23/1975; as amended by Ord. 403, 9/18/1987; and by Ord. 470, 9/14/1998]

There is hereby set as a license fee for a permit under the provisions of this Part a sum in an amount as

established, from time to time, by resolution of the Borough Council which shall be paid at the time of

application for a permit. This license fee shall pay for the inspection of the data with respect to said permit and

for checking the percolation data.

There is hereby set as an inspection fee under the provisions of this Part a sum in an amount as established,

from time to time, by resolution of the Borough Council which shall be paid prior to the final inspection. This

inspection fee shall pay for the final inspection prior to covering of the ground.

§ 18-312. Consideration of Permit Application.

[Ord. 304, 6/23/1975; as amended by Ord. 470, 9/14/1998]

Each application for a permit shall be considered by the same inspection officer. His decision with respect to

issuing the said permit or denying the said permit shall be based upon the following standards:

The standards and regulations of the Pennsylvania Department of Environmental Protection.

The likelihood of the said sewage disposal system discharging waste into surface or subsurface water

systems.

The capability of the individual sewage disposal system to treat and purify sewage discharges.

The soil conditions, including percolation, evaporation and any and all other soil conditions which might

affect the sewage system.

The available space for a suitable disposal system.

[1]

The availability of a public or private sewage disposal system in the vicinity.

§ 18-313. Proceedings.

[Ord. 304, 6/23/1975]

The Borough Council of Canton Borough shall have the power to institute in the Court of Common Pleas of Bradford

County proceedings to restrain the violation of this Part.

§ 18-314. Penalties.

[Ord. 304, 6/23/1975]

Any person, firm or corporation who shall violate any provision of this Part or who resists or interferes with any

officer, agent or employee, in accordance with the provisions of this Part, shall, upon conviction thereof, be

sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to

imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a

separate offense.

§ 18-315. Enactment.

[Ord. 304, 6/23/1975]

This Part is enacted under the provisions of the Borough Code, Act of February 1, 1966, P.L. (1965) No. 581,

Section 1202(8) and (17).

PART 4. CANTON BOROUGH AUTHORITY RATES, RULES AND

REGULATIONS

Editor's Note: The following rules and regulations of the Canton Borough Authority are codified here for convenience

of reference. The rules and regulations were adopted by the Canton Borough Authority by resolution effective January

1, 1986.

§ 18-401. Definitions.

[Authority Res. 1/1/1986]

As used or referred to in these rates, rules and regulations, unless a different meaning clearly appears from the

context:

AUTHORITY

The Canton Borough Authority.

B.O.D. - (BIOCHEMICAL OXYGEN DEMAND)

The quantity of oxygen expressed in parts per million (ppm) by weight utilized in the biochemical oxidation of

organic matter under standard laboratory procedure for five days at 20° C.

COMMERCIAL ESTABLISHMENT

Any improved property used wholly or in part for the sale and distribution of any product, commodity, article or

service.

CONNECTION

The pipeline or pipelines from the main or street sewer in any public highway, street, land, alley or right-of-way

held by the Authority to the building line and include both service laterals and house connections.

HOUSE CONNECTION

That part of the sewer line from the service lateral to the outer wall of the building to be served.

INDUSTRIAL ESTABLISHMENT

Any improved property used wholly or in part for the manufacturing, processing, clearing, laundering or

assembling of any product, commodity or article.

INDUSTRIAL WASTES

Any solid, liquid or gaseous substance or form of energy ejected or escaping from any industrial,

manufacturing, trade or business process or from the development, recovery or processing of natural resources

as distinct from sanitary sewage.

OCCUPIED BUILDING

Any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings

and animals and from which sewage and industrial waste, or either thereof, is or may be discharged.

OWNER

Individuals or natural persons, artificial persons existing only in contemplation of law and shall be construed to

include associations, partnerships, limited partnerships, joint stock companies, corporations and bodies politic

and corporate.

The logarithm or the reciprocal of the hydrogenous concentration expressed in moles per liter and indicates the

degree of acidity or alkalinity of a substance.

PREMISES ACCESSIBLE TO THE SEWER SYSTEM

Real estate which adjoins, abuts on or is adjacent to the sewer system upon which an occupied building has

been or is being erected within 150 feet of the sewer system.

SERVICE LATERAL

That part of the sewer line from the sewer system to the curb line or to the property line if there is no curb.

SEWER RENTAL

That monthly charge for sewer service or standby sewer service.

SEWER SYSTEM

The sewer mains, service laterals and other facilities that have been acquired by or constructed by the Authority

and are under its supervision.

SEWER UNIT

One or more buildings or parts thereof defined and limited to accord with one of the following classifications,

whichever applies:

A building under one roof and occupied by one family or business.

A combination of buildings in one common enclosure occupied by one family or business.

One side of a double house having a solid vertical partition wall occupied by one family or business.

One side or part of a house occupied by one family or business even though plumbing fixtures be used in

common.

Each apartment in a building having a number of apartments or businesses.

Each apartment in a building having more than one apartment.

SEWER USER or CUSTOMER

The owner of a sewer unit as hereinafter classified, receiving or contracting for sewer service.

SEWER SERVICE

The use of the sewer system for disposal of wastewater.

STANDBY SEWER SERVICE

Providing the availability of sewer system facilities to the owner of one or more sewer units accessible

to the sewer system but lacking sewer connections.

SUSPENDED SOLIDS

Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids and which are

removable by laboratory filtration.

TOXIC SUBSTANCE

Any poisonous substance.

§ 18-402. Sewer System.

[Authority Res. 1/1/1970]

(1)

(2)

(3)

(4)

Application for Connection.

Before any connection shall be made to the sewer system, an application for permission to connect to the

collection system in an abutting street, lane, alley, public highway or right-of-way held by the Authority shall

be made in writing by the owner to the Manager of the Canton Borough Authority. This application shall be

made only in those cases where the owner is not connected with any housing development having sewer

collection lines but is an individual owner.

For any connection to the sewer system a tapping fee of $250 shall be paid by the owner to the Authority in

addition to such other charges as the owner may incur for trenching, installation, highway permits and other

costs.

Connection Notification. All owners of any occupied building now erected upon premises accessible to

the sewer system shall, at their own expense, make the connection with the sewer system within two

months after notification to do so has been delivered or mailed to the owner by the Authority. (See

General Reg. 28-d.)

Future Building. All owners of any premises accessible to the sewer system upon which a building is

hereafter erected shall, at the time of the erection of such building and at their own expense, make the

connection with the sewer system.

Future Building Connections. All owners of any occupied building upon premises which hereafter

becomes accessible to the sewer system shall, at their own expense, make the connection with the

sewer system within two months after to do so from the Authority.

Exception. Upon application by the owner to the Authority, the Manager may grant a reasonable

extension of time for making sewer connections. However, charges for standby sewer service (not to

exceed 90% of the applicable sewer rates) may not be rescinded beyond the original notice

completion date without approval of the Board. (See § 18-403, Subsection 2.)

Housing or Industrial Developments. In cases where a builder or developer desires to install sewer mains,

service laterals and house connections to every housing unit within a housing development prior to their

individual sale, he may do so upon meeting all conditions as set forth in this subsection and in other Sections of

these rates, rules and regulations. Plot plans for such a development must be submitted to the Authority for

approval prior to any construction. Sewer plans conforming to all original specifications established by the

Authority, a to type of pipe, location of mains, size of pipe, grades, methods of laying pipe and the type and

construction of all necessary appurtenances will by prepared by the Authority Engineer and approval obtained

from the necessary State agencies. The engineering fees and charges for permits will be paid by the builder or

developer. In no case will lower standards that exit in the presently constructed sewer system and as outlined in

these rates, rules and regulations be permitted for any future extensions. Upon approval of such plans by the

Authority, the extensions may be constructed by and at the expense of the builder or developer, but only under

the inspection of any inspector designated by the Authority and/or its engineers. The cost of such inspection,

including salaries and expenses, shall be borne by the builder or developer making the extensions.

Observance of Rules and Regulations. No owner or tenant of any premises connected with the sewer lines of

the Authority shall be allowed to permit another person or premises to use or connect with his service lateral

except upon written permit from the Authority.

Separate House Connections. Unless written permission is obtained from the Authority, a separate house

connection will be required for each individual building or house, whether constructed as a detached unit or as

one of a pair or a row, but a single house connection will be permitted to serve a school, factory, an apartment

house or other permanent multiple unit structure whose individual apartments or units may not be subject to

separate ownership.

Common Waste System. A single house connection will be permitted to serve a double house in which the

internal plumbing waste system is common to both houses or is not readily separable. In such a case, it will be

necessary for each owner to make separate application and pay separate connection charges for the

installation, and pay the prescribed sewer rentals for each property. In addition, it will be necessary for both

property owners to sign an agreement relieving the Authority of any responsibility or obligation caused by or

resulting from installation of a single house connection. The agreement shall provide that any disagreement

between the two parties concerning the future maintenance of the common sewer will be sufficient cause for the

Authority to require the installation of additional connections to the sewer main to provide individual service to

both houses. The installation of such separate service lateral from the sewer main to the curb, as well as the

new house connection from the curb to the property shall be made at the joint expense of the property owners

signing the agreement.

10.

No Work Performed Without Permission. No person, firm or corporation may perform plumbing work on any

facility which is to be connected directly or indirectly into the sanitary sewer system without first obtaining

permission from the Manager of the Authority or his authorized representative. Such permission will be granted

only to persons, firms or corporations who have demonstrated by past performance to the satisfaction of the

Authority that they are qualified and capable of performing plumbing work in accordance with good plumbing

practice. All connections made to the system must be inspected by the Engineer or the Sewer Manager or their

respective representatives prior to backfilling or covering the work. Work must be installed in accordance with

Authority specifications and work failing to meet these standards must be replaced before connection to the

sewer system will be allowed.

Building Sewers and Connections.

Where an improved property, at any time connection to a sewer is required, shall be served by its own

sewage disposal system or device, the existing house sewer line shall be broken on the structure side of

such sewage disposal system or device, and attachment shall be made, with proper fittings, to continue

such house sewer line as a building sewer.

If any part of a sewer connection is covered before so being inspected and approved, it shall be uncovered

for inspection at the cost and expense of the owner of the improved property to be connected to the sewer.

Every sewer connection of any improved property shall be maintained in a sanitary and safe operating

condition by the owner of such improved property.

Every excavation for a sewer or sewer connection shall be guarded adequately with barricades and lights

to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the

course of installation of a sewer or sewer connection shall be restored, at the cost and expense of the

owner of the improved property being connected, in a manner satisfactory to this Authority.

If any person shall fail or refuse, upon receipt of a notice of the Authority, in writing to remedy any

unsatisfactory condition with respect to a sewer or sewer connection, the Authority may refuse to permit

such person to discharge sewage and industrial wastes into the sewer system until such unsatisfactory

condition shall have been remedied to the satisfaction of the Authority.

Service Laterals During Initial Construction. Service laterals installed during the period of initial construction to

serve existing improved properties shall be constructed by the Authority. Laterals will not be installed to vacant

lots or points other than to serve existing buildings or improved properties under construction which will be

completed prior to placing the sewer system in service. If any owner of vacant or unimproved property abutting

the sewer system as constructed contemplates the construction in the future of buildings abutting constructed

sewers and desires to have the service lateral installed during the period of initial construction of the sewer

system, he must make application to the Authority for such permission. If such permission is granted, the cost

of the service lateral, as established by the Authority, will be borne by the property owner.

Grinder Pumps. In the case of a property where sewer service is required and where gravity service cannot

be provided because the property is too low in respect to the grade of the sewage collection system, the

Authority will install a grinder pump to provide sewer service to that property. The property owner will be

required to provide the Authority with a right-of-way sufficient for the installation and maintenance of the

grinder pump and other necessary facilities including the discharge pipe from the grinder pump pit to the

Authority's sewer collection system. The Authority will be responsible for the necessary maintenance of the

grinder pump. The property owner will be responsible for the cost of material and labor needed to install the

lateral from the grinder pump pit to the building to be connected to the sewer system and for the power line

to serve the grinder pump. The property owner will also be responsible for providing the electricity to

operate the grinder pump. After the construction of the sewer system, or operational additions thereto have

been completed, the cost of the grinder pump, the pump pit, the pressure pipe and the installation thereof

shall be at the expense o the property owner.

Service Laterals. After construction of the sewer system, or operational additions thereto have been completed,

the service laterals shall be constructed from the main sewer to the property line by the Authority at the

expense of the property owner, and upon installation shall remain the property of the Authority. The house

connection from the property line to the building shall be installed by the property owner at his own expense.

Service Connection and Line.

The Authority or their duly authorized representatives will make all connections to the sewer mains and

shall provide for the furnishing, installation and maintenance of all service lines from the sewer main to the

right-of-way line. All service lines from the right-of-way line to the structure to be served shall be installed

(1)

(a)

(b)

(c)

(2)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

(6)

(a)

(b)

(c)

(7)

by the owner or person to be served at his expense and shall be of a pipe approved by the Authority. No

service connection facility between the right-of-way line and the structure to be served shall be covered up

in the process of installation until inspected and approved by the Authority or its duly authorized

representative.

No sewer service line shall be laid in the same trench with gas lines, water lines or any other facilities of a

public service company. The size of a service connection from the sewer main to the right-of-way line will

be a minimum diameter of six inches, and the service connection from the right-of-way line to the structure

to be served will have a minimum inside diameter of four inches. Only persons properly authorized by the

Authority shall be permitted to make service line connection installations. The Authority shall not be

responsible for the maintenance of any service line or any other line, pipe or fixture from the right-of-way

line to the structure to be served. The owner and any other person being served at all times shall comply

with all Federal, State and municipal regulations.

Pipe. The following three types of pipes are approved pipe material for sewer mains and/or service

connections:

Vitrified Clay Sewer Pipe. Shall conform to ASTM C700 and NCPI ER-4-67 for extra strength clay

pipe. All joints shall be "O" ring joints conforming to ASTM C-425, Type III.

Polyvinyl Sewer Pipe. Shall conform to ASTM D-03034 (SDR 35) and type PSM Polyvinyl

Chloride (PVC) sleeve and two rubber gaskets.

Ductile Iron Pipe. Shall conform to ANSI A21.51, class 51 for four inch pipe and class 50 for six

inch pipe. Joints shall conform to ANSI A-21.11, and may be either mechanical joint or push-on

joint. Rubber gaskets, lubricants, glands, bolts and nuts shall conform to ANSI A21-11.

Laying Pipe in Trenches. All pipes shall be installed with a minimum slope of 1/8 inch per foot and a

minimum cover of 2 1/2 feet unless otherwise approved. Pipe shall be laid to an even grade and

straight alignment to the sewer main.

Existing House Connections. Existing house connections may be utilized providing they are inspected

by the engineer or the Sewer Manager or his representatives and found to be reasonable true to grade

and alignment, in good condition for the purpose of conveying sanitary wastes and have reasonable

tight joints of approved materials. If the existing lines do not conform to this requirement, a new line

must be laid in accordance with the specifications.

Bedding Requirements.

All types of pipe should be bedded with five inches of sand or modified material, and backfilled

with either sand or modified material that is thoroughly compacted to a depth of at least 12 inches

above the top of the pipe.

Modified material shall conform to ASTM C-33, size 67, crushed aggregate or Type INS of Table

B, Section 703.3(c) of the Pennsylvania Department of Transportation's Form 408 specifications.

Backfilling Trenches.

After the pipe has been installed, jointed, inspected and tested, the trench shall be backfilled.

Backfill material shall be the material removed from the trench with the exception that no organic

material or rock larger than eight inches shall be included in the backfill.

Clay Dikes.

A one-foot thick clay dike shall be constructed in the service line trench at the end of the Authority

lateral and the beginning of the user's line.

Compacted clay dikes shall extend vertically from undisturbed ground at bottom of trench to within

two feet of final grade and from undisturbed ground on trench sides for full width of trench.

Each clay dike shall consist of clay containing no more than 15% (by volume) stone not larger

than two inches in diameter. Clay shall be placed in six inch lifts and compacted by mechanical

tamper.

Service Line Testing.

(a)

11.

12.

13.

14.

15.

The Authority reserves the right to require air testing for service lines. The procedure for air testing

is as follows:

Low Pressure Air Tests. The contractor shall test each service line using low pressure air. The

pipe shall be considered acceptable if the air loss rate does not exceed 0.0030 cubic feet per

minute per square foot of internal pipe surface when tested at an average pressure of 3.0 psi.

greater than the average back pressure exerted by the groundwater of the backfilled pipeline.

The time for the air pressure to decrease 1.0 psig. from 3.5 to 2.5 psi. greater than the

average groundwater back pressure shall not be less than the time indicated in the following

list. If these rates of leakage are exceeded, the contractor shall, at his expense, determine

the source of leakage and make all necessary corrections and retest.

Four inch pipe dia. - 2 min., 00 sec.

Six inch pipe dia. - 2 min., 55 sec.

Eight inch pipe dia. 3 min., 57 sec.

Ten inch pipe dia. - 4 min., 43 sec.

Twelve inch pipe dia. - 5 min., 40 sec.

A minimum period of two minutes shall be provided to allow equilibrium of the air temperature

with pipe wall before test readings shall commence. In areas of high groundwater conditions,

the contractor shall determine the height of the groundwater above the pipe by piezometric

tube or other approved method.

The contractor shall submit to the Authority for approval the test procedure and list of test

equipment he proposes to use prior to testing.

Repairs, Alteration and Additions. No repairs, alterations or additions to any sewer lateral or sewer connection

with the sewer system shall be made unless the person desiring to make the same shall first make application

to and receive permission from the Authority for doing so. No plumber shall do any work on such lateral or

connection until the property owner has exhibited to the plumber the permit for such work, which permit must

then be signed and dated by the plumber to indicate his having seen it. Any permit so issued will be valid for a

period not to exceed 90 days.

Connections Through Private Property. Connections with sewers, where same are run through private property,

shall in all respects be governed by these rates, rules and regulations.

Unauthorized Connections. No roof drainage, cellar surface water, waste from fire hydrants or groundwater

from underground drainage fields shall be admitted or be permitted to drain into, or be pumped into, the sewer

system. The sewerage system is intended to convey sanitary sewage only. Exclusion from the sewer system of

noncontaminated wastewaters and waters used solely for cooling purposes may be required by the Authority.

Exception. Storm drainage from pubic highways provided with suitable catch basins will be excepted from

the above rule in areas covered by the existing combination storm and sanitary collection system.

Disconnection of Service Laterals. The Sewer Manager shall have the right to close up or disconnect from the

sewer system any service lateral or house connection used for carrying rainwater, cellar drainage, surface

water, groundwater or objectional matter or whenever any violations of these rules and regulations are

committed. Disconnection of the water supply is required for nonpayment of sewer rentals, as established by

Act 147, Session of 1955, of the Legislature of the Commonwealth of Pennsylvania.

Prohibited Wastes.

No user shall discharge or shall cause to be discharged into any sewer or the sewer system any wastes

containing concentrations of chemical substances in excess of the following:

Phenol Compounds (CM) 1 ppm

Cyanides (CNO) 1 ppm

Cyanates (FE) 10 ppm

Iron (FE) 5 ppm

Trivalent Chromium (CR) 3 ppm

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

16.

17.

18.

Hexavalent (CR) 0.5 ppm

Nickel (MI) 3 ppm

Copper (CU) 2 ppm

Zinc (ZN) 2 ppm

Wastes discharged into any sewer or the sewer system containing such excessive quantities of the

aforesaid chemicals shall be refused entry into any sewer and the sewer system until such wastes shall

have been pretreated to bring the same within allowable limits prescribed above, such pretreatment to be

provided at the expense of the user.

Plans, specifications and other pertinent information relating to such proposed pretreatment of wastes shall

be submitted to the Authority for approval and no construction of pretreatment facilities shall be

commenced until approval is obtained, in writing, from the Authority.

No user shall discharge or shall cause to be discharged into any sewer or the sewer system the following

described wastes or waters:

Any liquid or vapor having a temperature higher than 150° F.

Any water or waste material containing more than 100 ppm by weight of fats, oil or grease.

Gasoline, benzine, naphtha, fuel oil or any other liquid, solids or gases which, by reason of their nature

or quality, may cause fire or explosion or otherwise shall or may be injurious to any person or to any

sewer or to the sewer system or to the operation of the sewer system.

Any garbage not shredded to such degree that all particles will be carried freely under normal sewer

flow conditions and with no particle greater than 1/2 inch in diameter.

Any noxious or malodorous gas or substance which, either singly or by interaction with other wastes, is

capable of creating a public nuisance or hazard to life or preventing entry into any part of the sewer

system for maintenance and repair.

Any ashes, cinder, sand, mud, straw, shavings, metal, glass, bones, feathers, tires, plastic, wood,

paunch manure, butchers offal or any other solids or viscous substance capable of causing obstruction

to the flow in any sewer or other interference with the proper operation of the sewer system.

Any water or waste having any corrosive property capable of causing damage or hazards to

structures, equipment or personnel.

Any water or waste containing any toxic substance in quantities sufficient to interfere with biochemical

processes of the sewage treatment plant, or that will pass through the sewage treatment plant and will

exceed the State or interstate requirements for the receiving streams.

Any water or waste containing suspended solids of such character and quantity that unusual attention

or expense is required to handle such materials at the sewage treatment plant.

Any toxic, radioactive isotopes without special permit.

Use of Sewers by Industry. The Authority reserves the right to refuse connections to the sewer system or to

compel discontinuance of use of a sewer or to compel pretreatment of industrial waste by an industry in order to

prevent discharge to the sewer deemed to be harmful to the sewage system or sewage treatment plant or to

have a deleterious effect on the sewage treatment or sludge handling processes. The industrial waste of any

user discharging the same into the sewer system shall be subject to periodic inspection and determination of

the character and concentration of said industrial wastes. Such determination shall be submitted to the

Authority.

Leaks, Stoppage and/or Defective Plumbing. The Authority shall not be liable for any damage or expense

resulting from leaks, stoppage or defective plumbing or from any other cause occurring to any premise or within

any house or building; and it is expressly stipulated by and between the Authority and the customer that no

claims shall be made against said Authority on account of the breaking or stopping of or any damage or

expense to any lateral or house connection when the cause thereof is found to be in the lateral or house

connection.

Control of Service. The Authority shall not be liable for a deficiency or failure of service when occasioned by an

emergency, required repairs or failure from any cause beyond control. The Authority reserves the right to

19.

20.

21.

22.

23.

24.

25.

26.

[1]

restrict the use of sewer service whenever the public welfare may require it.

Vacating Premises. When the premises are vacated, the property owner must give notice, in writing, to the

office of the Authority, or he will be responsible for the sewage charge until such notice is given.

Temporary Vacancy. Rule 21 (b) of the General Rules and Regulations governing water service shall also

apply to sewer service.

Notice of Change of Ownership. Each property owner must give the Sewer Manager, or his representative,

written notice of any change of ownership of any improved property.

Bills and Payment. All bills for sewer service or standby service are payable at the office of the Authority as

provided in the General Rules and Regulations.

Bills Rendered and Due.

Bills will be rendered monthly on the first day of each month.

The sewer rentals and/or other charges hereby imposed shall be a lien on the improved property

connected to, or served by, the sewer system, and all delinquent bills for sewer rentals or charges hereby

imposed shall be entered as a lien against the property so connected to or served by the sewer system,

which lien shall be filed in the office of the Prothonotary of Bradford County, Pennsylvania, in the manner

provided by law for the filing and collecting of municipal claims.

Abatement from Bills. Any property owner desiring an abatement from sewage bills shall report same in writing

or call in person at the office of the Authority. All vacancies shall date from the day reported at the office of the

Authority. When vacancy is properly reported, an allowance will be made for the vacancy in accordance with

Water Regulation 21.

Privilege to Investigate. The Authority by its duly authorized agent or agents shall have the right of access at all

reasonable times to all parts of the premises connected with the system for the purpose of examining and

inspecting the connections and fixtures or for disconnecting service for any proper cause.

Exceptions and Interpretations. Any person or persons who desire to take exception to any provisions of these

Rules and Regulations sill present their exception, in writing, to the Sewer Manager. He will study the petition

for exception and present it with his recommendations to the Authority Board for their decision.

Interpretation. Any person or persons who desire interpretation of any portion of these Rules and Regulations

may request such interpretation from the Sewer Manager. If his interpretation does not satisfy the person

raising the question, that person will present his request for interpretation, in writing, to the Sewer Manager who

will study the request and present it with his recommendations to the Authority for their decision.

§ 18-403. Rates and Charges.

[Authority Res. 1/1/1970]

Charges for sewer service shall be determined by water meter registration and in accordance with the

regulations and tariffs on file in the office of the Authority and published in Appendix "A"

[1]

of the General Rules

and Regulations except as provided for in Subsections 2, 3 and 4.

Editor's Note: Appendix A is on file in the Authority office.

Determination of Flat Rate Billing Charges.

Flat rate billings is provided only for sewer customers who are not provided by water service from the

Canton Borough Authority.

The flat rate charge is to be determined from the average charge incurred by the residential and quarterly

billing commercial customers who are provided with water service by the Canton Borough Authority. The

flat rate charge will be recomputed each time a service rate increase is adopted by the Canton Borough

Authority, and the average upon which it is computed will be reviewed at least once each year.

In occupied buildings consisting of more than one dwelling unit, the flat rate billing charge shall apply to

each dwelling unit.

Sewer Customers not Provided Water Service by the Canton Borough Authority.

(1)

(2)

Sewer customers not provided with water service by the Canton Borough Authority may elect to be

charged for sewer service by one of two methods. The methods are:

Flat rate billing.

Billing based on gallons of water used.

In the absence of specified election by the customer, the flat rate billing method will apply.

If the customer desires to be charged by the per gallon method, the customer will be responsible for

providing the water meter required to measure the per gallon usage. The customer is also responsible for

the cost of any remove meter reading device as well as all changes to the customer's plumbing that are

required for the installation of the water meter.

All water meters to be installed by the customer must meet the approval of the Canton Borough Authority,

and all related plumbing must also meet the approval of the Canton Borough Authority.

In the event a customer who has previously elected the per gallon method of billing subsequently elects to

return to the flat rate method of billing the Canton Borough Authority will be under no obligation to purchase

the used water meter from the customer.

However, the Authority may require the installation of a meter on a private water supply or on any other

water supply which is not otherwise metered to determine the usage of water in order to apply metered

sewage rates to any property served by the Authority sewer system. If so required, the meter may be

supplied by the owner as provided for in Subsection 3C above or, at the option of the Authority, the meter

may be supplied by the Authority with a monthly rental charge being assessed at a rate determined by the

Authority.

Exclusion of Charges for Water not Placed in the Sewer.

Sewer customers provided with water service by the Canton Borough Authority and sewer customers not

provided with water service by the Canton Borough Authority and who have elected to be billed for sewer

service by the per gallon method may desire to have water that is not placed in the sewer excluded from

the sewer charge.

If the customer desires to have any water used to be excluded from the sewer charges, the customer must

have an exclusion meter installed.

If the customer desires an exclusion meter, the customer will be responsible for providing the exclusion

meter. The customer is also responsible for the cost of any remove reading device as well as all changes to

the customer's plumbing that are required for the installation of the exclusion meter.

All water meters to be installed as exclusion meters must meet the approval of the Canton Borough

Authority, and all related plumbing must also meet the approval of the Canton Borough Authority.

In the event a customer who has previously elected to install an exclusion meter subsequently elects to

discontinue the use of the meter, the Canton Borough Authority will be under no obligation to purchase the

used water meter from the customer.

The Authority reserves the right to test for accuracy any meter provided by a sewer user.

The cost of repair to any meter provided by a sewer user shall be the responsibility of the sewer user.

Charges for Standby Sewer Service. Shall be computed and billed in the same manner a connected sewer

service. However, such charges shall be limited to 90% of the corresponding charges for connected sewer

service and shall only apply to standby service following the original notice completion date as provided in

§ 18-402, Subsection 1B.

§ 18-404. Changing Rules.

[Authority Res. 1/1/1970]

The Authority reserves the right to change or amend, from time to time, those rates, rules and regulations in

accordance with the law.

§ 18-405. Rules Cannot be Varied.

[Authority Res. 1/1/1970]

No officer or employee of the Authority can vary these Rates, Rules and Regulations without action of the members

of the Authority Governing Board, and no agent or employee of the Authority can bind it by any agreement or

representation except when authorized in writing to do so by any executive officer of the Authority.

Chapter 19. Signs and Billboards

(Reserved)

Chapter 20. Solid Waste

PART 1. SOLID WASTE DISPOSAL REGULATIONS

§ 20-101. Definitions.

[Ord. 355, 12/1/1980; as amended by Ord. 470, 9/14/1998]

The following words and terms, as used in this Part, shall have the meanings hereby ascribed thereto unless the

context clearly indicates a different meaning:

COMBUSTIBLE REFUSE

All paper, straw, excelsior, wood products and such other refuse as may result form ordinary housekeeping or

commercial pursuits and which may be burned by fire.

DECAYING MATTER

Refer to Ord. 96, 8/2/1911, "Public Nuisances." [Chapter 10, Part 4]

GARBAGE

All table refuse, animal and vegetable matter, offal from meat, fish and fowls, vegetables and fruits and parts

thereof and other articles and materials ordinarily used for food and which have become unfit for such use or

which are for any reason discarded.

INCOMBUSTIBLE REFUSE

All discarded articles or materials except sewage, liquid waste, garbage and combustible refuse.

PERSON

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

REFUSE

All combustible refuse and incombustible refuse referred to collectively.

In this Part the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 20-102. Preparation and Collection.

[Ord. 355, 12/1/1980]

Containers for garbage and/or refuse shall be of a sufficient number and capacity for normal needs between the

intervals of collections. Garbage shall be in a suitable container, each of which can be handled by one person.

Refuse shall be packaged in such condition that it will not be disseminated by wind or otherwise while awaiting

collection.

No garbage or refuse shall be allowed to accumulate on the ground nor deposited on highways, vacant lots or

commons nor thrown into any stream or other body of water.

Garbage and/or refuse shall be collected from premises between the hours of sunrise and sunset; containers

shall be emptied in a manner so as not to foul the premises nor streets.

§ 20-103. Disposal and Awarding of Contract.

[Ord. 355, 12/1/1980; as amended by Ord. 470, 9/14/1998]

No person, except for a contractor with a current residential garbage contract with the Borough shall collect

garbage or refuse from any other person; hauling garbage or refuse from any other person within the Borough

of Canton or from any point within such Borough to any place or location outside the Borough limits; provided,

any person may haul his own garbage or refuse to an authorized facility having first provided himself with a

proper conveyance and container in which garbage and refuse can be conveyed in such a manner as not to be

a source of annoyance or unpleasant odors and so as not to leak, drip or be scattered upon any of the streets

or alleys of the Borough.

The contract for the nonexclusive right to collect refuse from other persons in the Borough and for the

conveyance thereof shall be awarded to a contractor for such period of time as shall be determined by the

borough Council to a competent and financially responsible person. Such contracts shall fix and regulate, in a

manner not inconsistent with the terms of this part, as Council shall direct, the prices to be charged by such

contractor to such customers and the manner, method and time of collecting refuse and garbage.

§ 20-104. Penalties.

[Ord. 355, 12/1/1980; as amended by Ord. 470, 9/14/1998]

Any person, firm or corporation who shall violate any provision of this part shall, upon conviction thereof, be

sentenced to pay a fine not more than $1,000 plus costs and, in default of payment of said fine and costs, to

imprisonment for a term not to exceed 30 days. Each day on which a violation of this Part shall continue shall

constitute a separate offense.

Chapter 21. Streets and Sidewalks

ATTACHMENTS

Attachment 1 - Street Excavation Notice of Construction

PART 1. SIDEWALK INSTALLATION, MAINTENANCE AND

PROJECTIONS

§ 21-101. Sidewalk Installation.

[Ord. 609, 9/12/2022]

Requirements. All sidewalks that are installed in the Borough of Canton must comply with the following

requirements:

The party installing the sidewalks must provide all labor and materials for curbing and sidewalks as

required.

Concrete for curbs and sidewalks to be 3,000 pound test concrete, four inches thick for sidewalks and six

inches thick under driveways.

Gravel under sidewalks to be three inches thick of 2B crushed stone.

The excavation for curbing and sidewalks is the responsibility of the party installing the sidewalks.

The party installing the sidewalks must provide handicapped ramps at all intersections as required by any

Federal, State or local laws or regulations.

All sidewalks must be a minimum of four feet zero inches.

All sidewalks and curbs to have tooled edges and joints. Party installing the sidewalks must provide broom

finish after proper troweling and edging.

(1)

(2)

(3)

All exposed curbs to have rubbed finish and maximum length of curb joints to be eight inches zero inches

with expansion joint at 30 feet.

Party installing sidewalks must restore all lawn areas after removing forms.

Party installing sidewalks must provide proper barricades and protection of construction area.

Slate sidewalks are allowed, and their installations are exempt from Subsections 1B, G and H of this

Section. Slate walks must meet all other requirements.

No blacktopped sidewalks are allowed in Canton Borough except for the area where a blacktopped

driveway crosses a sidewalk to access the street or road.

Responsible Party. The party owning the property where the sidewalk is installed will be the party who is

responsible for the compliance with this Part.

Permit Required. The party owning the property where the sidewalk is to be installed must contact the

Secretary of the Canton Borough Council or the Zoning Officer to obtain a permit before installing the sidewalk

and pay a fee in an amount as established, from time to time, by resolution of the Borough Council.

Penalties. Any person who shall violate any provision of this Part, upon conviction thereof, shall be charged with

a summary offense, be sentenced to a fine of not more than $300 in addition to attorney fees and court costs

incurred in such prosecution and in default of payment and be subject to a term of imprisonment not to exceed

30 days.

§ 21-102. Maintenance of Sidewalks and Curbs.

[Ord. 609, 9/12/2022]

Compliance Required. The owner or owners of any lot or lots in the Borough of Canton with sidewalks in the

public right-of-way shall maintain such in a safe and passable condition, free of tripping hazards and

obstructions. The said owner or owners shall repair any defects in such sidewalks and remove any obstructions

which make them unsafe or impassable to pedestrians.

Maintenance Obligation. The obligation of maintenance shall include, but not be limited to:

Repair of holes and repair of cracks having a width in excess of 1/2 inch at any one point along a length of

one foot or greater.

Maintenance of a Constant Grade.

Repair shall be made when one or more sections of the sidewalk rise above or drop below the grade

of the edges of immediately adjacent sections resulting in an irregular surface with depression greater

than 1/2 inch in depth.

Repair shall be made when the curb is out of vertical alignment with the adjacent curb or an adjacent

section or slab of sidewalk in excess of 3/4 inch.

Repair shall be made when the curb is out of horizontal alignment with the adjacent curb in excess of

1/2 inch.

Replacing any existing sidewalks or section of sidewalk that has been removed.

Repair of any section of sidewalk that has spalling on 25% or more of its surface.

The removal of leaves, tree limbs, grass clippings, debris, cinders, gravel, grits or any other refuse on such

sidewalk or projecting branches and other obstructions below six feet, eight inches above the sidewalk.

The property owner shall be responsible for the prompt removal of any such items whether or not such

items were deposited by the owner, his tenants, anyone acting under his direction, control, license or any

third person. Such leaves, tree limbs, grass clippings, debris, cinders, gravel, grits and other refuse shall be

properly bagged and disposed of upon being removed from such sidewalk. The sweeping or other removal

of such items onto Borough streets or State highways is prohibited.

Repair of any other instance which may create a pedestrian safety hazard as determined by the Borough

Code Enforcement Officer.

Annual Inspection. Once each year the Borough Code Enforcement Officer, with assistance from the Borough

Street Committee, shall inspect all sidewalks and curbing in the Borough of Canton. Within 30 days of his/her

inspection, he/she shall forward a report to the Borough Administrator containing a list of those properties not in

compliance with the requirements of this Part. The report shall include a brief description of each

noncompliance and shall specify the required repairs.

Property Owner to Repair; Time Frame. Every owner of property in the Borough of Canton shall, on 60 days'

notice, repair the sidewalk or curbing, or both, in the manner stipulated in such notice, in front of or alongside

such property. If the 60 days concludes after November 15 then said repairs shall be made on or before April 30

of the following year of said notice. However, where a condition exists of an emergency nature, such repairs

shall be made within 96 hours of said notice.

Construction and Repair on Initiative of Property Owners. Any property owner, upon his own initiative and

without notice from any Borough authority, may repair a sidewalk or curbing along his property; provided, that

such owner shall have obtained the permit specified in this Part and shall do such repairs in accordance with

the requirements of this Part.

Maintenance Specifications. All repairs or other maintenance required in Subsection 2A, B, C or E of this

Section shall be performed in accordance with the specifications set forth in § 21-101 of this Part, Sidewalk

Installation.

Permit Required. A permit shall be obtained from the Borough Code Enforcement Officer before doing any

repairs or maintenance required in Subsection 2A, B, C or E of this Section. Application for the permit shall be

made in accordance with the following rules and regulations:

The applicant shall submit one copy of the application and the information requested on the form of

application to the Borough Office.

An application fee, in accordance with the fee schedule as approved by the Borough Council and on file in

the Borough Office, shall be submitted with the application to the Borough Office.

The Borough Code Enforcement Officer shall inspect the work to determine the degree of compliance to the

regulations governing the work.

Borough to Act at Expense of Property Owner. Upon failure of any owner of property in the Borough of Canton

to repair any curb or sidewalk after notice has been given in accordance with this Part, the Borough may cause

the necessary repairs to be done at the expense of said owner and may collect the cost thereof and all

additional charges, expenses and penalties as authorized by Section 1805 of the Borough Code of 1966, P.L.

(1965).

Violations and Penalties. Any person who violates any of the provisions of this Part shall be charged with a

summary offense, be sentenced to a fine of not more than $300 in addition to attorney fees and court costs

incurred in such prosecution and in default of payment and be subject to a term of imprisonment not to exceed

30 days.

§ 21-103. Projections Over Streets and Sidewalks.

[Ord. 609, 9/12/2022]

Required Height. From and after the enactment of this Part it shall be unlawful for any person or persons,

association, joint stock company, partnership or corporation to erect, construct or maintain any awning or porch

roof extending or projecting over or above the side or footwalk or any part of the cartway of any street or alley

within the Borough of Canton, unless the said awning or porch roof and every part thereof shall be at least eight

feet above the said side or footwalk or the cartway of said streets or alleys.

Existing Awnings. All awnings and porch roofs nonconforming at the time of the adoption of the ordinance

codified in this Part are grandfathered. If awnings and porch roofs of said protected/grandfathered buildings are

to be repaired or replaced they shall be repaired or replaced to their original state as of the date of the

ordinance codified in this Part.

Penalties. Any person or persons, association or joint stock company, partnership or corporation shall be

charged with a summary offense, be sentenced to a fine of not more than $300 in addition to attorney fees and

court costs incurred in such prosecution and in default of payment and be subject to a term of imprisonment not

to exceed 30 days.

[1]

PART 2. (RESERVED)

PART 3. STREET OPENING AND EXCAVATION

§ 21-301. Short Title.

[Ord. No. 2023-611, 2/13/2023

[1]

]

This document is a street opening and excavation ordinance and shall be known and cited as the "Borough of

Canton Street Opening and Excavation Ordinance."

Editor's Note: This ordinance also repealed former Part 3, Street Opening and Excavation adopted by Ord. No. 577,

adopted 1/8/2015.

§ 21-302. Definitions.

[Ord. No. 2023-611, 2/13/2023]

As used in this Part 3, the following terms shall have the meanings indicated:

APPLICANT

The contractor performing excavation work in the street, alley, public right-of-way, Borough parking lot, or a

paved area on Borough property.

BOROUGH STREET

Any public street, avenue, road, square, alley, highway, sidewalk or other public place located in and

owned, controlled or maintained by the Borough and established for the use of vehicles, but shall not

include state highways.

EXCAVATION

Any activity within the right-of-way of any street, alley or other public way or right-of-way which involves

cutting, breaking or disturbing the surface thereof. In this Part, the term "opening" shall have essentially the

same meaning as excavation.

PERSON

Any natural person, partnership, firm, association, corporation or municipal authority.

In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 21-303. Permit Required; Expiration; Extensions; Fees; Payment.

[Ord. No. 2023-611, 2/13/2023]

Any cutting or opening of the surface of any street, alley, Borough parking lot, or a paved area on Borough

property or other public way or right-of-way owned, controlled or maintained by the Borough of Canton

(hereinafter referred to as "Borough street") is prohibited unless a permit is obtained for that purpose in the

manner hereinafter described. Such permit shall only be granted when the applicant files an application on a

form approved by the Borough, pays the required fees, posts security, as may be required, and otherwise

complies with all other terms and conditions set forth herein.

Street cut permits will be valid for up to six months from the date of issue. All permitted work shall be completed

within those six months.

If any permittee is unable to complete the street opening or excavation on or before the date specified in the

permit, the permittee must file a written application for an extension of time with the Borough on the forms

prescribed by Canton Borough. Said application shall set forth the original permit number, expiration date,

reasons for the request for the extension of time and shall contain an estimate of the additional time required to

complete the project. A time-extension permit supplement may be issued to extend the completion time an

additional six months. The cost for each extension permit will be set by Borough resolution.

10.

11.

(1)

For private permittees, when a permit reaches the six-month expiration date and the work has not been

completed and accepted by the Borough Street Supervisor or designated representative, the bonding

company will be notified and no further permits will be issued until this matter has been corrected.

In the case of a public utility company, an extension will be issued automatically and the required fee will be

added to the monthly invoice. All permit fees are levied in accordance with the fees as set forth by Borough

resolution.

Street opening fees will be established by a separate resolution of the Borough Council. The Borough Council

reserves the right to review the fee schedule from time to time and amend the same by resolution of Council. All

such additional fees assessed by the Borough Council must be paid by the applicant within 30 days of its

receipt of notice of the assessed fees.

Prior to the issuance of such permit, every applicant shall pay to the Borough the amount required for the

purposes specified. Permit is invalid until it is paid in full by check or money order, payable to the Borough

Treasurer along with the submission of the completed permit application or within 30 days of monthly invoice

date if applicable.

No permit shall be granted to any applicant unless all moneys due the Borough for prior excavations made or

for loss, damages or expenses in any manner occasioned by or arising from prior work done by the applicant

are paid in full.

Street opening permits are not required for the installation or replacement of a sidewalk or curb, provided that a

sidewalk permit has been obtained and provided that such installation in no way affects the street surface.

Street opening permits shall not be required for work performed by Canton Borough or by a party performing

work under contract with the Borough. At the discretion of the Borough Council, permit fees may be waived for

contractors performing work on behalf of the Borough of Canton. Such contractors are required to apply for a

street opening permit, and to post a bond or other security, as set forth herein, or in accordance with the terms

or conditions of any contract between the contractor and the Borough.

The Borough office or the Borough's Street Supervisor must be notified within 24 hours of any street opening or

excavation necessitated by an emergency. A party performing such emergency street opening must apply for

the street opening or excavation permit, in accordance with this Part, on the first business day following such

emergency. Any party who commences any emergency street opening or excavation will be deemed to have

impliedly consented to all of the provisions of this Part, including, but not limited to, those provisions dealing

with fees, security and backfilling. In addition to the penalties set forth in § 21-324, Violations and Penalties,

herein, as well as any and all remedies for penalties provided by law, the Borough Street Supervisor is

authorized to order the immediate cessation of any opening or excavation activity and the immediate repair and

replacement of the surface to its original condition if the notice and application provisions set forth above are

not complied with.

All private utilities installed on Borough of Canton (Borough) property or within a Borough right-of-way shall be

completed only at the risk of the owner. The Borough will not issue an easement for placement of said utilities

on their property or within their rights-of-way and therefore, can require these utilities be relocated at any time.

All work completed in the Borough rights-of-way shall obtain a street opening permit, provide the necessary

insurance requirements, provide detailed engineering drawings, and complete as-built documentation, etc.

§ 21-304. Permit Application.

[Ord. No. 2023-611, 2/13/2023]

Street opening permits shall only be granted upon compliance with the following express provisions:

Prior to submission of the street opening permit, the applicant or their engineer shall hold a pre-design

meeting with the Borough of Canton if the project encompasses more than a single street address

installation.

A written application, on a form approved by Canton Borough, shall be filed with the office of the Borough

Secretary. The application shall indicate:

The property street address, location and description of the area for which such cut or opening is to be

made;

(2)

(3)

(4)

(5)

(6)

(7)

(8)

The name and address of the applicant;

The dimensions;

A drawing or plan of the proposed opening or excavation;

The purpose of the proposed cut or opening;

The estimated cost of the entire project (the Borough shall have the right to require production of

written verifications of such cost as may be appropriate);

The approximate time required to complete the work (anticipated commencement and completion

dates); and

A copy of an approved work zone traffic control plan in accordance with PennDOT Publication 203 and

amendments.

The written application shall contain a provision in which the applicant agrees to indemnify and hold

harmless the Borough, its officers, employees and agents from any and all costs, damages and liabilities

which may accrue or be claimed to accrue arising out of any work.

To avoid work delays, if the application is a single address installation, the application should be submitted

two weeks in advance of the anticipated date work is to commence. However, if it is an application to

provide utility installation for more than one address, planning should include time to submit the required

documentation and for the Borough to review the same. This could take as much as three or four months

dependent on the complexity of the project.

The Borough reserves the right to complete an independent review of all proposed private utility

installations on Borough property or within its rights-of-way. This review may consist of securing a third-

party reviewing agency. All costs associated with completing these reviews shall be paid for by the owner

of the proposed utility.

If an application is denied, written notice of denial, together with reasons for denial, shall be given to the

applicant.

§ 21-305. Bond Conditions; Certificate of Insurance.

[Ord. No. 2023-611, 2/13/2023]

A contractor performing the actual work of opening the street and making excavations, backfill and repairs, as

hereinabove provided, shall be required to furnish to the Borough of Canton, in the amount of $10,000, a ten-

year maintenance bond. Said bond shall be a surety bond issued by a bonding company acceptable to and

subject to the approval of the Canton Borough Council, the condition of said bond being that work performed

under street opening permits shall be consistent with requirements of this Part or up to the amount listed therein

shall be forfeited to the Borough of Canton. The amount forfeited shall be the cost of correcting any deficiency

in workmanship of the permit holder.

Whenever any public utility or municipal authority which owns, controls or maintains underground facilities in

Canton Borough reasonably anticipates more than one street opening or excavation per calendar year, it may

post a bond for the calendar year or part thereof to cover any and all street openings anticipated. In such case,

the amount of the bond shall be approved by the Borough Council and the applicant's initial street opening

permit in a calendar year will only be issued if the bond has been posted and the applicant has provided the

Borough with an accurate and up-to-date map of its underground facilities. The approval of a calendar-year

bond does not absolve the applicant of its obligation to obtain a separate street opening permit for each street

opening to be performed by the applicant.

In addition, the excavators shall furnish a certificate of insurance in the amount of $1,000,000 to cover all

property and casualty damages caused by the opening or excavation and name Canton Borough as an

additional insured. Failure of an applicant to secure such certificate of insurance shall be sufficient reason for

denying a permit.

The applicant must comply with all applicable requirements of the Pennsylvania Workers' Compensation Act

and provide proof of coverage to the Borough, if applicable.

[1]

§ 21-306. Street Closures and Traffic Alterations; No Parking; Work

Hours.

[Ord. No. 2023-611, 2/13/2023]

Borough ordinances do not permit closure of Borough streets as a matter of course with issuance of a street cut

permit. Specific approval to close a street or to materially alter traffic patterns must be obtained from the

Borough Street Supervisor or designee. In their absence or in an emergency, the Police Department or Police

Department designee may grant approval. In every case, the permittee's request to close or alter traffic must

include precise location, reason, work methods, time and date, and what alternatives were considered.

The Borough reserves the right to require work hours of 9:00 a.m. to 3:00 p.m. and 6:00 p.m. to 6:00 a.m.

Permittees will be required to place steel plates, pinned in place, to maintain traffic flow during nonworking

hours in such areas (also see § 21-312, Weather Limitations). Such authority shall include, but not be limited to,

the power to require that work be done on a continuous, around-the-clock, twenty-four-hour basis for major

thoroughfares.

§ 21-307. Traffic Accommodations and Control; Public Notification.

[Ord. No. 2023-611, 2/13/2023]

All permittees are responsible to notify businesses and residences that will be affected by street cut work on

both sides of the street in the block area that blocks, restricts traffic flow or prevents the usual parking in the

area affected by the work. This notification shall be given by "door-to-door" notices in the work site area at least

48 hours prior to commencing work. A copy of the property owners notified shall be provided to the Borough

Secretary. (See sample notice attached to this chapter.)

All permittees shall furnish material and traffic control devices necessary for the maintenance and protection of

traffic and pedestrians, conforming to PennDOT Work Zone Traffic Control, 67 Pa. Code, Chapter 203,

[1]

and

amendments thereto until the roadway is restored to the condition required. If at any time a detour may be

required, the permittee shall first contact the Borough Street Supervisor or designated representative.

Editor's Note: 67 Pa. Code Chapter 203 was repealed 2/4/2006. See now 67 Pa. Code § 212.401 et seq.

§ 21-308. Street Cut Excavations, Trenching (OSHA Compliance) and

Borough Notification.

[Ord. No. 2023-611, 2/13/2023]

All existing pavements shall be saw cut or cut to preserve a square edge. Cut shall be full depth of the concrete

or base thickness, and care shall be taken in removing the concrete to insure that the slab breaks on the next

line produced by the concrete saw. Asphalt concrete pavement and all excavated material shall be removed

from the site. There shall be no storage or any material on the street surface.

All excavation, trenching and shoring, and the like shall be performed in a manner that meets with OSHA

Department of Labor, Safety and Health Regulations for construction. It is the responsibility of the permittee,

therefore, to understand and abide by all OSHA regulations concerning trenching and shoring as outlined in the

OSHA Technical Manual, Section V, Chapter 2, and amendments.

All permittees are responsible for notifying the Borough Street Supervisor or designated representative in

advance of all excavations within the Borough right-of-way.

All permittees are responsible for notifying the Borough Street Supervisor or designated representative prior to

any concrete and/or final restorations in order to schedule the inspection visit to each location/site.

§ 21-309. Street Restoration and Maintenance.

[Ord. No. 2023-611, 2/13/2023]

10.

The permittee shall be and remain responsible for backfilling and paving the opening and restoring the surface

to its original condition and composition prior to the opening. All backfilling and restoration shall be in

accordance with the most current Pennsylvania Department of Transportation Publication 408 standards. In the

event that the street excavation or opening or any required backfilling has not been completed prior to the date

of expiration as set forth on the permit, the Street Department may take steps to backfill the opening or

excavation and to replace the street surface. The Borough shall invoice the permittee for all costs incurred by

the Borough in the performance of this work plus 10%. Payment not made within 30 days will be charged

against the posted bond, including all fees and costs involved in the collection of this payment.

The Borough's Street Supervisor or designee may adjust the requirements or restoration and maintenance

based on the Borough's street maintenance schedule or the condition of the Borough street or the Canton

Borough Authority's sewer line replacement schedule for said streets. At the discretion of the Borough's Street

Supervisor or designee, he may require an independent compaction test that must be complied with by the

permittee.

It shall be the duty of the permittee, in the manner set forth in this Part, to cause within the period of six months

such streets to be restored in the manner specified as outlined under § 21-311, Asphaltic Concrete Base

Paving, for asphalt base and for concrete base.

When a longitudinal opening longer than 10 feet and/or wider than three feet is made in the street pavement,

the permittee shall overlay the entire traffic lane plus one foot of overcut on the perimeter in which the opening

was made.

When two or more transverse trench openings are made in the street pavement less than 100 feet apart, the

permittee shall overlay the traffic lane in which the openings were made for the entire length of the street

between such openings.

When four or more openings are made by the same permittee in the street pavement less than 100 feet apart,

the Borough Street Supervisor or designee shall require the permittee to overlay the entire disturbed area.

When the permitted opening is to be closer than five feet from the edge of an existing patch or patches in the

pavement, the restoration shall be extended to include said patch.

All permittees test boring, or drilling a three-inch or larger hole into any Borough street for location of leaks or

venting of leaks will be required to backfill holes with flowable fill only, no filler material. All permittees shall

install asphalt surface in accordance with § 21-311, Asphaltic Concrete Base Paving. If the hole is three inches

or less the permittee will fill the hole with No. 8 stone and AC 20 asphalt sealer.

It is the permittee's responsibility to replace all pavement markings in conforming with pavement markings that

are removed or damaged. All material shall meet with the approval of the Borough Street Supervisor or

designee.

Detectable warning surfaces shall be required on every handicapped ramp within every street that is part of a

street opening project by a utility company or permittee and shall be installed by a utility company when the

street opening work is performed on any street within a one-block area from the street opening project. The

utility company shall only be required to repair or replace the detectable warning surface for five years from the

last day of installation of the detectable warning surface.

§ 21-310. Compaction and Backfill.