Chapter 13 – Licenses,Permits & General Business Regulations

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CHAPTER 13

LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS

 

PART 1

SOLICITING AND PEDDLING LICENSES

§101. Definitions
§102. License Required
§103. Application Requirements
§104. Waiting Period
§105. Denial of License
§106. License Fee
§107. Thirty Day License
§108. License to List Products
§109. Sales Period of Day
§110. Use of Streets
§111. No Sales from Streets or Sidewalks
§112. Duties of Manager and Police
§113. Revoking License
§114. Noise Forbidden
§115. Penalties

 

PART 2

ALARM DEVICES

§201. Definitions
§202. Prohibited Activities
§203. Authority and Responsibility of Police
§204. Liability of Township Limited
§205. Duties and Responsibilities of Persons
§206. Confidentiality
§207. Penalties

 

PART 3

CABLE TELEVISION

§301. Preliminary Provisions
§302. Definitions
§303. Administrative Provisions
§304. Rate Regulation Provisions
§305. Delegation of Ministerial and Administrative Duties
§306. Enforcement
§307. Penalties

 

PART 4

(Reserved)

 

PART 5

HUMAN MASSAGE TECHNICIAN AND ESTABLISHMENT LICENSE

§501. Permit Requirements

PART 1

SOLICITING AND PEDDLING LICENSES

 

§101. DEFINITIONS.

PEDDLER – any person who shall engage in peddling as hereinafter defined.

PEDDLING – the selling or offering for sale of any goods, wares, services or merchandise for immediate delivery which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks; or from house to house; or by visitation to private residences; or by entering in or upon private property; within the said Township.

PERSON – any natural person, association, partnership, firm, organization or corporation.

SOLICITOR – any person who shall engage in soliciting as hereinabove defined.

SOLICITING –

A. The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery or for subscriptions or contributions, upon any of the streets or sidewalks; or from house to house; or by visitations to private residences; or by entering in or upon private property within the Township of Hampden and shall further mean the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations and also orders of contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repairs, upon or from the places aforesaid within the said Township.

B. Provided, the words “soliciting” and “peddling” shall not apply:

(1) To farmers seeking or taking orders for the sale of their own products.

(2) To the seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk or milk products.

(3) To the sale or goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purposes.

(4) To any honorably discharged solider, sailor or marine of the military service who complies with the Act of Assembly of the Commonwealth of Pennsylvania of 1867, April 8, P.L. 50, as amended, and who procures from the Prothonotary of the proper County a certificate in pursuance of the said Act of Assembly.

(5) To the seeking or taking of orders, by insurance agents or brokers or stock brokers or banking brokers, licensed under the insurance laws of the Com-monwealth of Pennsylvania for insurance.

(6) To persons, corporations, partnerships and associations, their agents or em-ployees who have complied with the provisions of the Charitable Organization Reform Act, 10 P.S. §162.1 et seq. benevolent, patriotic or other purposes. [Ord. 98-7]

(7) To any person taking orders for merchandise from dealers or merchants, for resale to an ultimate consumer.

In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.

(Ord. 61, 2/2/1965, §1; as amended by Ord. 98-7, 8/27/1998)

 

§102. LICENSE REQUIRED.

No person shall engage in soliciting or peddling in the Township of Hampden Township without first having taken out a license as herein provided.

(Ord. 61, 2/2/1965, §2)

 

§103. APPLICATION REQUIREMENTS.

Every person desiring to engage in soliciting or peddling in the Township of Hampden shall first make application to the Secretary of the Board of Commissioners for a license. If such person shall also be required to obtain a license from any County officer, he shall, on making such application, exhibit a valid County license. The said application shall be upon a blank provided by the Township Secretary and shall contain at least the following information verified by oath or affirmation:

A. Full name of the applicant and local address, if any.

B. Permanent address.

C. Name of employer or a statement that such applicant is self-employed.

D. The nature of the goods, wares, services or merchandise offered for sale.

E. A statement as to whether or not the applicant has ever been convicted of any crime and, if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed there.

F. The type of vehicle to be used, if any.

G. Upon request, the applicant shall also submit to fingerprinting and furnish a pho-tograph; provided, where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified or affirmed by oath or affirmation by him and an individual license shall be required for each helper. No license under this Part shall be transferable from one person to another.

(Ord. 61, 2/2/1965, §3)

 

§104. WAITING PERIOD.

No license shall be issued under this Part until 30 days after the date the application is made to the Secretary of the Board of Commissioners for such license.

(Ord. 61, 2/2/1965; as added by Ord. 70-7, 11/10/1970, §1)

 

§105. DENIAL OF LICENSE.

The Manager shall deny the issuance of a license when:

A. An application therefor contains any false information.

B. The applicant was convicted of a crime involving moral turpitude or of disorderly conduct under any law of the Commonwealth of Pennsylvania or of any ordinance of the Township of Hampden.

(Ord. 61, 2/2/1965; as added by Ord. 98-7, 8/27/1998)

 

§106. LICENSE FEE.

No license shall be issued under this Part until the sum, in an amount as established from time to time by resolution of the Board of Commissioners, be paid to the Township Secretary and it shall be for the use of the Township. A separate application shall be filed and a separate permit fee shall be paid by each person who shall actually conduct the soliciting or peddling and shall apply where an employer desires to secure licenses for his employees, agents or servants.

(Ord. 61, 2/2/1965, §5; as amended by Ord. 98-7, 8/27/1998)

§107. THIRTY DAY LICENSE.

The license granted pursuant to this Part shall be valid for 30 days after the date of such license and upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued, in advance, for consecutive 30 day periods not exceeding 12 in number, upon payment, in advance, of the sum in an amount as established from time to time by a resolution of the Board of Commissioners for 1 year or an amount as established from time to time by resolution of the Board of Commissioners for each 30 day period provided in §305 hereof.

(Ord. 61, 2/2/1965, §6; as amended by Ord. 98-7, 8/27/1998)

 

§108. LICENSE TO LIST PRODUCTS.

Such license when issued shall state, inter alia, the products to be sold or services to be rendered by the licensee. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in the Township of Hampden, carry such license upon his person and shall exhibit it upon request, to all police officers, Township officials and citizens. No solicitor or peddler shall engage in selling any product or service not mentioned on such license.

(Ord. 61, 2/2/1965, §7)

 

§109. SALES PERIOD OF DAY.

No person licensed as a solicitor or peddler under this Part shall engage in soliciting or ped-dling on any day of the week before 9:00 a.m. or after 8:00 p.m. During the time of year when Eastern Standard Time is effective, the aforesaid hours shall be Eastern Standard Time and during the time of the year when Daylight Saving Time is effective, the aforesaid hours shall be Daylight Saving Time.

(Ord. 61, 2/2/1965, §8)

 

§110. USE OF STREETS.

No person licensed as a solicitor or peddler under this Part shall park any vehicle upon any of the streets, highways or alleys of the Township in order to sort, rearrange or clean any of his goods, wares, services or merchandise; nor shall any such person place or deposit any refuse or any such streets, highways or alleys; nor shall any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.

(Ord. 61, 2/2/1965, §9)

 

§111. NO SALES FROM STREETS OR SIDEWALKS.

No person licensed as a solicitor or peddler under this Part shall occupy any fixed location upon any of the sidewalks of the streets, highways, alleys or sidewalks of the Township for the purpose of soliciting or peddling with or without any stand or counter.

(Ord. 61, 2/2/1965, §10)

 

§112. DUTIES OF MANAGER AND POLICE.

The Township Manager shall keep a record of all licenses issued under this Part and the Chief of Police shall apply daily for a list of licenses issued hereunder since the previous day. The Chief of Police shall supervise the activities of all holders of such licenses.

(Ord. 61, 2/2/1965, §11)

 

§113. REVOKING LICENSE.

Any license issued under this Part may be suspended or revoked at any time by the Manager of the Township of Hampden upon proof being furnished to him that the application for the license contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license or that the licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Township of Hampden.

(Ord. 61, 2/2/1965, §12; as amended by Ord. 98-7, 8/27/1998)

 

§114. NOISE FORBIDDEN.

No person licensed as a solicitor or peddler under this Part shall hawk or cry his wares or ser-vices upon any of the streets or sidewalks of the Township nor shall he use any loud speaker, bell, whistle or other device for announcing his presence by which the public is annoyed.

(Ord. 61, 2/2/1965, §13)

 

§115. PENALTIES.

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.

(Ord. 61, 2/2/1965, §14; as amended by Ord. 84-6, 7/3/1984; and by Ord. 98-7, 8/27/1998)

PART 2

ALARM DEVICES

 

§201. DEFINITIONS.

As used in this Part, the following words, terms and phrases shall have the following meaning unless it is apparent from the context that a different meaning is intended:

AUTOMATIC PROTECTION DEVICE (ALARM SYSTEM) – any mechanical or electrical operated device or instrument composed of sensory apparatus and related hardware which is designed or used for the detection of an unauthorized entry into a building, structure or facility or an attempt thereof, or designed or used for alerting others of the commission or attempted commission of an unlawful act within a building, structure or facility or designed or used for the detection of fire, flames or smoke within a building, structure or facility, or any combination thereof; and which emits a sound or transmits a signal or message when activated. Automatic protection devices include, but are not limited to, audible alarms, automatic dialing devices, alarms connected directly to a communications center, alarms relayed through any private central station and proprietary alarms. Exemption: the following devices shall not be included under the definition:

(1) Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility such as those systems designed for the detection of equipment malfunctions.

(2) Devices which are designed, used or provided for the sole purpose of evacuation of occupants of industries, institutions and other similar premises.

(3) Devices which are designed for and installed upon motorized vehicles or trailers.

(4) Devices maintained and/or operated by the Hampden Township Police Department and/or the Hampden Township Volunteer Fire Department used for the detection of unlawful acts or for demonstration purposes.

(5) Automatic medical alarms.

COMMUNICATION CENTER – the Cumberland County Communications Center, the Hampden Township Police Department headquarters, any base of the Hampden Township Volunteer Fire Company or any other specifically authorized location.

FALSE ALARMS – any activation of an automatic protection device signal or notification of such activation by any means resulting in or expecting the response of the Hampden Township Police Department and/or the Hampden Township Volunteer Fire Company and/or Hampden Township Ambulance Department where an emergency situation does not or did not exist at the time of such activation. The term does not include alarms caused by hurricanes, tornados, earthquakes, floods or other violent acts or acts of Gods. A rainstorm or thunderstorm does not constitute a violent act or an act of God.

FIRE DEPARTMENT – any and all officers, members and equipment of the Hampden Township Volunteer Fire Department.

PERSON – any person, group, firm, partnership, association, corporation, company or organization of any kind.

POLICE CHIEF – the Chief of Police of the Hampden Township Police Department or his designated representative.

POLICE OR POLICE DEPARTMENT – all members of the Hampden Township Police Department.

RECORDS – the reports, incidents, statistics or files of the Hampden Township Police Department and/or the Hampden Township Volunteer Fire Company.

TROUBLE ALARM – a condition whereby an automatic protection device is in a pre-alarm condition, commonly referred to as a “trouble setting,” and a communications center receives notification of such a condition. In the absence of an actual emergency, a trouble alarm shall be considered a false alarm.

(Ord. 91-7, 9/3/1991, §1)

 

§202. PROHIBITED ACTIVITIES.

1. False Alarms Limited. Except as otherwise provided in this Part, it shall be prohibited for any person to accumulate more than five false alarms in a period of 12 months. A 12 month period shall run from January 1 to December 31, inclusive, in any given year. The number of false alarms during any 12 month period shall be ascertained from the records of the Police Department or Fire Department or both. When a person has accumulated three false alarms, the Police Chief shall send a letter to said person stating such. The person will be permitted to furnish proof, to the satisfaction of the Police Chief that said person is taking steps to correct the false alarm problem. If such person shows proof of corrective action, the Police Chief may exempt such person from the requirements of this Part for a period not to exceed 20 days to allow for the repair and/or improvement of the alarm system. Only one such exemption shall be granted during a 12 month period.

2. Testing Prohibited Without Permission. It shall be prohibited for any person to conduct any test or demonstration of any automatic protection device designed to make direct connection to the communications center at any time without first obtaining the express permission of the communications center or the police. Such permission is not required where the device to be tested or demonstrated is not connected to a communications center and the receipt of the alarm or signal is not relayed to the Police or Fire Department by any means.

3. Automatic Dialing Service. It shall be prohibited for any person to authorize and/or connect or interconnect an automatic dialing device to a communication center telephone line not designated for such connections. Connections to designated telephone lines shall not be made without the express permission of the communica¬tion center involved.

4. Suspension or Revocation. It shall be prohibited for any person to operate or maintain an automatic protection device at any time when their privilege to do so has been suspended or revoked, in accordance with the provisions of this Part.

(Ord. 91-7, 9/3/1991, §2)

 

§203. AUTHORITY AND RESPONSIBILITY OF POLICE.

1. The enforcement and administration of this Part shall be the responsibility of the Police Department, through the authority of the Chief of Police or his designated representa-tive.

2. The Chief of Police may promulgate such rules as are necessary for administrative and enforcement of this Part. Any such rules shall be approved by a duly approved resolu-tion of the Hampden Township Board of Commissioners and shall be available for public inspection.

3. Where automatic protection device which is directly connected to a communications center is activated and continuously transmits a signal, either through malfunction or defect in the system, the Police are authorized to disconnect the automatic protection device until such time as repairs are made.

(Ord. 91-7, 9/3/1991, §3)

 

§204. LIABILITY OF TOWNSHIP LIMITED.

When the Police disconnect an automatic protection device under §103(3) of this Part, no liability shall incur to the Township of Hampden or any of its employees or agents through such action.

(Ord. 91-7, 9/3/1991, §4)

 

§205. DUTIES AND RESPONSIBILITIES OF PERSONS.

1. Any person possessing and using an automatic protection device shall maintain such device in good working order.

2. Any person possessing and using an automatic protection device shall, upon request, furnish information to the police concerning emergency contact in case of system mal-functions. The police shall provide forms for the recording of this information.

3. Any person who has had an automatic protection device disconnected under §203(3) of this Part shall not reconnect the device without the permission of the police. Such permission shall not be withheld when proof of repair is shown.

4. Any person who has had an automatic protection device disconnected under §203(3) of this Part shall be deemed to have his privilege to operate or maintain such device suspended or revoked. Such suspension or revocation shall remain in full force and effect until the conditions of subsection (3) of this Section are met.

5. Where an automatic protection device is installed or attached to a business, warehouse, institution or other similar premises, the person having the greatest administrative or operations power shall be held responsible for that false alarm when a false alarm is re-ceived by the Police or Fire Department. In the event that the identity of such person is not ascertained or if the business, warehouse, institution or other similar premises is closed, the owner or manager or any administrative personnel may be held responsible for a false alarm.

(Ord. 91-7, 9/3/1991, §5)

 

§206. CONFIDENTIALITY.

The information furnished and secured pursuant to this Part shall be confidential in nature and shall not be subject to public inspection, and shall be kept so that the contents thereof shall not be known, except to those persons charged with the administration of this Part.

(Ord. 91-7, 9/3/1991, §6)

 

§207. PENALTIES.

1. Any person violating §202(4) of this Part shall, upon conviction, pay a fine of not less than $100 nor more than $600 and the costs of prosecution. In default of payment of said fine and costs, said person may be imprisoned for a term not to exceed 30 days.

2. Any person violating any of the other provisions of this Part shall be, upon conviction thereof, sentenced to pay a fine to the Township of Hampden of not less than $25 nor 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.

(Ord. 91-7, 9/3/1991, §8; as amended by Ord. 98-7, 8/27/1998)

PART 3

CABLE TELEVISION

 

§301. PRELIMINARY PROVISIONS.

1. Short Title. This Part shall be known and may be cited as the “Hampden Township Cable Television Ordinance of 1994.”

2. Purpose. The purpose of this Part is to regulate cable television in the exercise of the power of the Board of Commissioners to (1) regulate telephone, telegraph and electric power poles and other obstructions erected upon or in the streets and roads of the Township, and (2) provide for the maintenance of peace, good government, safety and welfare of the Township and its trade, commerce and manufactures.

3. Federal Law. This Part is enacted under the Federal Cable Television Consumer Protec-tion and Competition Act of 1992, which permits local franchising authorities to regulate cable television, subject to certain substantive and procedural limitations.

4. Interpretation. In interpreting and applying the provisions of this Part, these provisions shall be construed broadly as required for the maintenance of peace, good government, safety and welfare of the Township and its trade, commerce and manufactures.

5. Conflict with Federal Law. It is the intent of the Board of Commissioners that this Part conform to the Federal law. If a court of competent jurisdiction declares any provision of this Part to be in conflict with the Federal law, the Federal law will control and this Part, to the extent that any provision is declared to be in conflict with the Federal law, shall not apply.

(Ord. 94-3, 5/4/1994, §1)

 

§302. DEFINITIONS.

As used in this Part, the following words, phrases and terms shall have the following meanings:

ASSOCIATED EQUIPMENT – all equipment in a cable subscriber’s home that is used to receive the basic service, regardless of whether such equipment is additionally used to receive other tiers of regulated programming service and/or unregulated service. Such equipment shall include, but not be limited to:

(1) Converter boxes.

(2) Remote control units.

(3) Connections for additional television receivers.

(4) Other cable home wiring.

BASIC SERVICE – at a minimum, all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable system), any public, educational, and governmental programming required by the franchise to be carried on the basic tier, and any additional video pro-gramming signals as a service added to the basic tier by the cable operator. (Example: Sammons’ “Lifeline.”)

BASIC SERVICE RATE – the rate charged by a cable operator for basic service and associated equipment costs.

CABLE OPERATOR – any person or group of persons:

(1) That provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system.

(2) Who otherwise owns, controls or is responsible for, through any arrange-ment, the management and operation of a cable system.

CABLE SERVICE –

(1) The one way transmission to subscribers of:

(a) Video programming.

(b) Other programming service.

(2) Two way subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

CABLE SYSTEM – a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but does not include:

(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations.

(2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility uses any public right-of-way.

(3) A facility of a common carrier except to the extent that such facility is used in the transmission of video programming directly to subscribers.

(4) Any facilities of any electric utility used solely for operating its electric utility systems.

FEDERAL LAW – the Federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 and all regulations promulgated by the FCC thereunder, as any of the foregoing may be amended from time to time.

FCC – the Federal Communications Commission.

GOVERNING BODY – the Board of Township Commissioners of the Township of Hampden.

MUNICIPALITY – the Township of Hampden, a municipal township of the first class situated in Cumberland County, Pennsylvania.

(Ord. 94-3, 5/4/1994, §2)

 

§303. ADMINISTRATIVE PROVISIONS.

1. Appointment and Powers of Compliance Officer.

A. For the administration of this Part, a compliance officer, who shall not hold any elective office in the Township, shall be appointed by the Board of Commission-ers by resolution.

B. The compliance officer shall meet the qualifications established by the Board of Commissioners and shall be able to demonstrate to the satisfaction of the Board of Commissioners a working knowledge of cable regulation under the Federal law and this Part.

C. The compliance officer shall administer this Part in accordance with its literal terms.

2. Duties of the Compliance Officer. The compliance officer shall be responsible for:

A. Taking such action on behalf of the Township as may from time to time be required to obtain or maintain the Township’s certification to regulate basic service rates.

B. Notifying all cable operators serving the Township when the Township has been certified by the FCC to regulate basic service rates.

C. Notifying all cable operators serving the Township that the Township intends to enforce the minimum customer service standards established by Federal law.

D. Making all filings required or permitted to be made to the FCC by the Township pursuant to the Federal law, subject to oversight and control of the Board of Commissioners.

E. Receiving, filing in the public records of the Township, reviewing for complete-ness, and placing on the Board of Commissioners’ agenda for consideration, all submissions, petitions and other filings required or permitted to be made to the Township pursuant to Federal law. All submission, petitions and other filings made to the Township pursuant to the Federal law shall be made via first class mail, postage prepaid, to the following address: Township of Hampden, Attn: Cable Television Compliance Officer, 230 South Sporting Hill Road, Mechanicsburg, PA 17055.

F. Receiving and transmitting to the proper officer of the Township any filing fees paid pursuant to this Part. The filing fees shall be established from time to time by resolution of the Board of Commissioners. [Ord. 98-7]

G. Enforcing the provisions of this Part and all decisions of the Board of Commis-sioners made hereunder to the fullest extent permitted by the Federal law, subject to the oversight and control of the Board of Commissioners.

H. Taking such other actions as may be necessary from time to time, subject to the oversight and control of the Board of Commissioners, to protect the right of the Township to regulate cable television to the fullest extent permitted by the Federal law.

(Ord. 94-3, 5/4/1994, §3; as amended by Ord. 98-7, 8/27/1998)

 

§304. RATE REGULATION PROVISIONS.

The Board of Commissioners shall regulate basic service rates in accordance with the substan-tive and procedural provisions of the Federal law and applicable State law or regulations or local ordinances:

A. Duties of Cable Operators.

(1) Within 30 days of receiving written notification from the Township that the Township has been certified by the FCC to regulate rates for the basic service, a cable operator shall file its schedule of rates for the basic service and associated equipment with the Township (together with the fee specified by §303(2)(F)).

(2) At least 30 days prior to increasing its rates for the basic service, a cable operator shall notify each subscriber of the proposed rate increase and shall file a notice of its proposed rate increase with the Township (together with the fee specified by §303(2)(F)).

(3) At the time of filing a schedule of rates or a proposed rate increase with the Township, a cable operator shall (a) publish a summary of the rates or rate increase in a local newspaper for at least 3 consecutive days, and (b) cablecast a summary of the rate or rates increase on its public information channel, at least twice daily at such times as are reasonably expected to reach the largest audience, over a 3 day period, in each case notifying interested parties that they must submit written comments by a date certain (within 15 days of the cable operator’s filing with the Township), at the appropriate address.

(4) A cable operator shall comply with all orders of the Township, except that a cable operator shall not be required to comply with an order if the cable operator demonstrates that complying with the order would require the cable operator to disclose proprietary information.

B. Duties of the Township.

(1) Upon receipt of a cable operator’s schedule of rates or a proposed rate in-crease, the Township shall cablecast a summary of the rates or rate increase on the channel(s) allocated to the Township, at least twice daily at such times as are reasonably expected to reach the largest audience, over a 3 day period, along with a notice that interested parties shall submit written comments to the Township by a date certain (within 15 days of the cable operator’s filing with the Township), at the appropriate address.

(2) The Township shall make any decision on the reasonableness of current basic service rates and proposed rate increases pursuant to the procedural and substantive provisions of the Federal law.

(3) In making a decision on the reasonableness of current basic service rates or proposed rate increases, the Township shall have the authority to compel the production of proprietary information from cable operators, and in such circumstances, the Township shall be subject to the confidenti¬ality provisions set forth elsewhere in this Part.

(Ord. 94-3, 5/4/1994, §4)

 

 

§305. DELEGATION OF MINISTERIAL AND ADMINISTRATIVE DUTIES.

The Board of Commissioners hereby delegates its ministerial and administrative duties under this Part to the compliance officer.

(Ord. 94-3, 5/4/1994, §5)

 

§306. ENFORCEMENT.

In rendering its decisions, the Board of Commissioners shall have the full authority granted to it pursuant to Federal law to order a cable operator to take any and all actions as the Federal law permits, including, without limitation:

A. Ordering a cable operator to implement a reduction in basic service tier or associated equipment rates where necessary to bring rates into compliance with the standards set forth in the Federal law.

B. Prescribing a reasonable rate for the basic service tier or associated equipment after it determines that a proposed rate is unreasonable.

C. Ordering a cable operator to refund to subscribers that portion of previously paid rates determined to be in excess of the permitted tier charge or above the actual cost of equipment, unless the operator has submitted a cost-of-service showing which justified the rate charged as reasonable. Before ordering such a refund, however, the Township shall give the operator notice, and shall give the operator 15 days from the date such notice is given to submit written comments to the Township. Any such refund order shall be further subject to the limitations contained in the Federal law.

(Ord. 94-3, 5/4/1994, §6)

 

§307. PENALTIES.

In the event that a cable operator does not comply with a decision made pursuant to this Part and directed specifically toward the cable operator, the cable operator shall be, upon conviction, sentenced to pay a fine of not less than $100 nor 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 continues shall constitute a separate offense.

(Ord. 94-3, 5/4/1994, §7; as amended by Ord. 98-7, 8/27/1998)
PART 4

 

(Reserved)

 

 

 

 

 

 

 

 

PART 5

HUMAN MASSAGE TECHNICIAN AND ESTABLISHMENT LICENSE

 

§501. PERMIT REQUIREMENTS.

1. A Certificate of Use is required for any and all massage establishments in accordance with the provisions of the Hampden Township Zoning Ordinance. Any and all techni-cians employed within a massage establishment must provide Hampden Township with a valid license issued by the Commonwealth of Pennsylvania. Upon renewal of a license, a copy of the new license must be provided.

(Ord. 82-1, 04/06/1982, §19; as amended by Ord. 84-6, 07/03/1984; by Ord. 98-7, 08/27/1998; by Ord. 03-02, 03/27/2003; by Ord. 15-14, 10/27/2015; and by Ord. 2017-06, 06/29/2017)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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