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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART I : ADMINISTRATIVE LEGISLATION

Chapter 1, GENERAL PROVISIONS

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington as indicated in article histories. Amendments noted where applicable.]

Be it enacted and ordained by the Board of Township Commissioners of the Township of Abington, County of Montgomery, Commonwealth of Pennsylvania, and it is enacted and ordained as follows:

ARTICLE I, Adoption of Code [Adopted 3-11-1976 by Ord. No. 1420]

1-1. Code adopted.

The codification of a complete body of ordinances for the Township of Abington, County of Montgomery, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 162, together with an Appendix and Index, is hereby approved, adopted, ordained and enacted as the "Code of the Township of Abington," hereinafter known and referred to as the "Code," pursuant to Section 1502(b) of the First Class Township Code, 53 P.S. 56502(b).

1-2. When effective.

All provisions of the Code shall be in force and effect on and after April 1, 1976.

1-3. Repeal of ordinances not contained in Code.

All ordinances or parts of ordinances of a general and permanent nature, adopted by the Township of Abington and in force on the date of the adoption of this ordinance and not contained in the Code, are hereby repealed as of the effective date of this ordinance, except as hereinafter provided.

1-4. Ordinances saved from repeal; matters not affected by repeal.

The adoption of this Code and the repeal of ordinances provided for in 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

A. Any ordinance adopted subsequent to October 9, 1975.

B. Any right or liability established, accrued or incurred under any legislative provision of the township prior to the effective date of this ordinance, or any action or proceeding brought for the enforcement of such right or liability.

C. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the township, or any penalty, punishment or forfeiture which may result therefrom.

D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance, brought pursuant to any legislative provision of the township.

E. Any franchise, license, right, easement or privilege heretofore granted or conferred by the township.

F. Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, highway, park or other public place.

G. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the township, or other instruments or evidence of the township's indebtedness.

H. Any ordinance authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.

I. Any ordinance annexing land to the township.

J. Any ordinance designating the boundaries of water districts.

K. The levy or imposition of taxes, special assessments or charges.

L. The dedication of property.

M. Any ordinance amending the Zoning Map, which shows the boundaries of zones created by the Zoning Ordinance.

N. Currently effective resolutions establishing the salaries or rates of compensation of officers and employees of the township.

1-5. Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in 1-4A and/or the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.

1-6. Changes in previously adopted ordinances.

A. In compiling and preparing the ordinances of the township for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Board of Commissioners that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

B. Certain changes of a substantive nature were made to various ordinances found within the Code. These changes were made to bring the provisions into conformity with the desired policies of the Board of Commissioners, and it is the intent of the Board of Commissioners that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such. Such changes are cited within the historical statements by the term "amended at time of adoption of Code," and are further detailed as follows.EN

1-7. Copy of Code on file.

A copy of the Code in a post-bound volume has been filed in the office of the Township Secretary and shall remain there for use and examination by the public until final action is taken on this ordinance; and if this ordinance shall be adopted, such copy shall be certified to by the Township Secretary, as provided by law, and such certified copy shall remain on file in the office of the Township Secretary, available to persons desiring to examine the same during all times while the said Code is in effect.

1-8. Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intention of the Board of Commissioners to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing the said Code, as amendments and supplements thereto.

1-9. Code book to be kept up-to-date.

It shall be the duty of the Township Secretary, or someone authorized and directed by the Township Secretary, to keep up-to-date the certified copy of the book containing the Code required to be filed in the office of the Township Secretary for use by the public. All changes in said Code and all ordinances adopted by the Board of Commissioners subsequent to the effective date of this codification, which the Board of Commissioners shall adopt specifically as part of the Code, shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

1-10. Sale of Code book; supplements provided.

Copies of the book containing the Code may be purchased from the Township Secretary upon the payment of a fee to be set by resolution of the Board of Commissioners, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

1-11. Publication; filing.

The Township Secretary, pursuant to law, shall cause to be published, in the manner required; a notice of the adoption of this ordinance adopting the Code in a newspaper of general circulation in the township. Sufficient copies of the Code shall be maintained in the office of the Township Secretary for inspection by the public at all times during regular office hours. The enactment and application of this ordinance adopting the Code, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

1-12. Severability of Code provisions.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or part thereof.

1-13. Severability of ordinance provisions.

Each section of this ordinance is an independent section, and the holding of each section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or part thereof.

1-14. Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the township to be misrepresented thereby. Anyone violating this section shall, upon the conviction thereof by any District Justice, be sentenced to pay a fine of not more than $300, together with the cost of prosecution. In default of the payment of any fine, the defendant shall be imprisoned in the township lockup for a period not exceeding five days.

Chapter 6, BOND OF TREASURER

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 1-2-1934 by Ord. No. 337. Amendments noted where applicable.]

6-1. Treasurer's bond requirements. [Amended 7-19-1934 by Ord. No. 342]

The Township Treasurer shall give a bond to the township in the sum of $150,000, conditioned for the faithful performance of the duties of such office, for a just account of all moneys belonging to the township funds that may come into such officer's hands from taxation or otherwise, for the payment over thereof only in the manner prescribed by law, for the delivery to such officer's successor in office of all papers, books, documents and other things held in right of such office and for payment to such successor of any balance in money remaining in such officer's hands or charged against such officer in the settlement of such officer's accounts.

Chapter 10, ENVIRONMENTAL ADVISORY COUNCIL

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 12-12-1974 by Ord. No. 1388. Amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission -- See Ch. 31.

10-1. Creation of Council.

An advisory council to be known as the "Abington Township Environmental Advisory Council" is hereby created and shall continue to function until this chapter is revoked.

10-2. Membership.

The Environmental Advisory Council shall be composed of seven residents of Abington Township.

10-3. Appointment of members.

Council members shall be appointed in accordance with the following procedure:

A. All Council members shall be appointed by the Board of Commissioners.

B. Council members' terms of office shall expire on the first Monday in January following the last year of their term of office.

C. Duly appointed Council members shall serve a term of three years, except that initial appointments shall be so staggered that the terms of approximately 1/3 of the membership shall expire each year.

D. Whenever possible, one member shall also be a member of the Abington Township Planning Commission.

10-4. Reimbursement for expenses.

Council members shall receive no compensation for their services but may be reimbursed for the expenses actually and necessarily incurred by them in the performance of their duties.

10-5. Designation of Chairperson.

The appointing authority shall designate the Chairperson of the Council.

10-6. Powers.

The Environmental Advisory Council shall have the following powers:

A. Identify environmental problems.

B. Recommend plans and programs to the appropriate agencies for the promotion and conservation of the natural resources and for the protection and improvement of the quality of the environment within the area of this municipality.

C. Make recommendations as to the possible use of open land areas of this municipality.

D. Promote a community environmental program.

E. Keep an index of all open areas, publicly or privately owned, including but not limited to flood-prone areas, swamps and other unique natural areas.

F. Advise the appropriate local governmental agencies in the acquisition of property, both real and personal.

G. Undertake such environmental tasks as requested by the governing body of this municipality.

10-7. Records and reports.

The Environmental Advisory Council shall keep records of its meetings and activities and shall make an annual report, which shall be printed in the annual municipal report or otherwise made known and available.

10-8. Appropriations.

The Board of Commissioners may from time to time appropriate funds for the expenses incurred by the Council.

Chapter 12, FIRE DEPARTMENT

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 6-11-1953 by Ord. No. 726. Amendments noted where applicable.]

GENERAL REFERENCES

Fire police force -- See Ch. 14.

Police Department -- See Ch. 34.

Burning -- See Ch. 65.

Fire prevention -- See Ch. 85.

12-1. Composition.

The Fire Department of the Township of Abington shall consist of the Abington Fire Company No. 1, McKinley Fire Company No. 1, Weldon Fire Company No. 1, Edge Hill Fire Company No. 1 and Roslyn Fire Company No. 1 and such additional fire companies hereinafter organized as the Board of Commissioners may from time to time by ordinance or resolution receive into the Department; provided, however, that no company shall be admitted into the Department unless its firehouse shall be located at least 11/2 miles distance from the present location of any of the above-mentioned five companies now comprising the Department, and provided further that no company shall be admitted into the Department until it has property, real and personal, to the value of $25,000 over and above all encumbrances thereon and an active fire-fighting force of not less than 15 members and has had a corporate existence of not less than five years. Each active member of the Department shall be furnished by the Board of Township Commissioners with a badge as a mark of recognition of such person's duties to the exclusion of all others.

12-2. Control.

Each fire company comprising the Fire Department of the Township of Abington shall be subject to the jurisdiction and control of the Board of Township Commissioners and shall at all times conform to any and all rules and regulations adopted by said Board, anything in the constitution and bylaws of any company to the contrary notwithstanding. The Fire Board may, however, subject to the approval of the Board of Township Commissioners, adopt, and from time to time amend, the rules and regulations governing the Department.

12-3. Duties of Fire Board.

The Fire Board shall maintain such minimum standards of operation of the Fire Department as the Township Commissioners may prescribe and shall develop plans and make suggestions for improving such standards and shall report such plans and suggestions to the Board of Township Commissioners.

12-4. Organization of Fire Board. [Amended 3-11-1976 by Ord. No. 1420; 3-14-1996 by Ord. No. 1758]

The officers of the Fire Department of the Township of Abington shall be known as the "Fire Board" and shall consist of the Chairperson of the Township of Abington Department of Public Safety or his designee as presiding officer and the Fire Chief, designated herein as District Chief, of each company forming the Fire Department. Each fire company shall elect or appoint its District Chief for the period of at least one year. All district officers shall be active members, of at least 25 years of age, resident within the Township of Abington. The District Chiefs shall give their services gratuitously and shall take and subscribe to the oath required of township officials. The meetings of the Fire Board shall be held quarterly.

12-5. Investigation of fires; records.

The Fire Chief shall investigate all fires and keep a full record thereof in a book to be provided for the purpose, including the date of each fire, the location thereof, owner or tenant, time of the alarm and time of the arrival of the company at the fire, if delayed, description of property burned and origin of fire loss, value and insurance. Reports shall be filed monthly with the Fire Marshal.

12-6. Designation of fire districts; effect.

The Board of Township Commissioners shall divide the township into fire districts and designate the territory or district within the township wherein each company of the Department shall operate, and no company of this Department shall operate out of its own territory or district unless it is called upon to do so by the District Chief of the district in which the fire is actually occurring. The District Chief shall have full charge at all fires in such Chief's district, cooperating with the Fire Marshal by calling the Fire Marshal on fires of unknown origin; provided, however, that where it is necessary to call for assistance, the District Chief in whose district the fire occurs shall have the right to call on any or all of the other companies of the Department, and any company so called shall respond with all due diligence and be subject to the supervision of the District Chief in whose district the fire occurs.

12-7. Powers of Fire Chiefs.

District Fire Chiefs shall at all fires have all the powers of a township police officer and when necessary may rope off streets and exclude the public from the immediate vicinity of the fire or place of danger.

12-8. Inspections.

The fire companies comprising said Fire Department of the Township of Abington shall be subject to the control and jurisdiction of the Board of Township Commissioners; the Township Fire Board may visit the firehouse of each company of the Department at least once in every three months, inspect the apparatus and equipment, and shall whenever necessary recommend in writing to the respective company any improvement, reform or change deemed advantageous to the Department. Should the company so notified fail to comply therewith within 30 days from the date of the service of said recommendations, the Fire Board shall certify the same to the Department of Public Safety of the Board of Commissioners for appropriate action.

12-9. Violations and fines.

In case any company or officers in the Department shall be charged with the violation of any of the rules and duties herein imposed by the Chairperson of the Township of Abington Department of Public Safety, the Chairperson shall have the power to fine said company, if said charge is sustained by the Fire Board of the Fire Department provided in 12-4, at least $10 and not more than $50, and the Chairperson shall report to the Department of Public Safety the cause and circumstances under which the fine is imposed, but the company fined may appeal through its Chief to the Board of Township Commissioners, who shall give a fair and impartial hearing. In the event of said fine's being sustained as aforesaid, the amount thereof shall be deducted from the annual appropriation for said company.

12-10. Submission of constitution and bylaws.

Each company must submit within 30 days after its admission to the Department a certified copy of its constitution and bylaws for approval by the Fire Board.

12-11. Annual financial reports.

Each company in the Department shall submit annually to the Board of Township Commissioners a report of its financial condition for the calendar year preceding, such report to be submitted to the Board of Township Commissioners not later than the 15th day of January of each year.

12-12. Annual appropriations.

A. It shall and may be lawful for the Board of Township Commissioners of the Township of Abington to appropriate annually to the Fire Department of the Township of Abington such sum as in the opinion of said Board of Commissioners may be right and proper, such appropriations to be divided equally between the various companies in the Department and to be paid annually by order regularly granted by said Board upon receipt of a certificate from the Chairperson of the Township of Abington Department of Public Safety that there are no deductions on account of fines for the year preceding such annual payment and that each company faithfully complied with all rules and duties herein imposed.

B. Should the Chairperson of the Township of Abington Department of Public Safety refuse this certificate for any reason to any company in the Department, the Board of Township Commissioners shall investigate and examine into the reason for such refusal, and if said refusal is sustained by the said Board, may withhold from said company the whole of its annual appropriation or so much thereof as the Board of Township Commissioners may deem proper.

Chapter 14, FIRE POLICE FORCE

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 7-14-1955 as Ord. No. 784. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department -- See Ch. 12.

Police Department -- See Ch. 34.

14-1. Composition. [Amended 3-11-1976 by Ord. No. 1420]

The fire police force of the Township of Abington shall consist of the Chief of Police, the Lieutenants, Sergeants and Corporals of the Township of Abington Department of Public Safety and not more than 75 patrol officers.

14-2. Requisites for patrol officers.

The patrol officers shall be volunteer fire fighters in good standing and shall be selected from the members of the Weldon Fire Company, Edge Hill Fire Company, Roslyn Fire Company, Abington Fire Company and McKinley Fire Company. No more than 15 patrol officers shall be selected from one company.

14-3. Appointment of patrol officers.

The patrol officers shall be appointed by the Board of Commissioners upon approval of the Department of Public Safety and shall hold their positions until removed by the Board of Commissioners for cause or physical disability. The Department of Public Safety shall not be required to appoint the number of patrol officers hereby authorized upon the date when this chapter shall become effective, but may make such appointments whenever in its judgment the same shall be necessary.

14-4. Uncompensated service.

The members of the Abington fire police force shall receive no salary for their services.

14-5. Rules and regulations; suspensions.

The Department of Public Safety is hereby authorized to adopt, subject to the approval of the Board of Commissioners, rules and regulations governing the conduct and operation of the fire police force. The members of the Township of Abington fire police force shall be under the supervision of the Department of Public Safety, which shall have the power to suspend any such member of the fire police force from position for cause. Every such suspension shall be reported by the Department of Public Safety to the Board of Commissioners for approval or disapproval.

Chapter 24, OFFICERS AND EMPLOYEES

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington as indicated in article histories. Amendments noted where applicable.]

ARTICLE I, Township Manager [Adopted 12-11-1952 by Ord. No. 713]

24-1. Office created.

The office of Township Manager is hereby created.

24-2. Authority of Manager. [Added 6-11-1987 by Ord. No. 1632EN]

The Township Manager shall have, subject to the approval and supervision of the Board, complete charge of all the business of the township and of all the employees of the township through the departmental administrator.

24-3. Additional definition of duties. [Added 6-11-1987 by Ord. No. 1632EN]

The Board of Township Commissioners may from time to time by resolution further define the duties of the Township Manager with respect to the various branches and departments of the township government and with respect to any specific matters which may arise in connection with the affairs of the township.

24-4. Manager to perform duties of Secretary. [Added 6-11-1987 by Ord. No. 1632EN]

The Township Manager shall perform the duties and exercise the powers of the Township Secretary as provided by statute, ordinance or resolution, but nothing herein contained shall affect the office of Township Secretary.

24-5.EN Term of office.

The term of office of the Township Manager shall commence with the effective date of this Article and shall extend to the first Monday of January of 1954, and thereafter the term shall extend for a period of two years to the first Monday of January of the succeeding even-numbered year.

24-6. Compensation. [Amended 3-11-1976 by Ord. No. 1420; 12-14-1989 by Ord. No. 1666]

The compensation of the Township Manager shall be fixed from time to time by the Board.

24-6.1. (Reserved)EN

ARTICLE II, Independent Auditor [Adopted 4-13-1972 by Ord. No. 1328]

24-7. Audit of accounts.

The accounts of the Township of Abington shall be audited by an independent auditor who shall be a certified public accountant registered in Pennsylvania or a firm of certified public accountants so registered.

24-8. Appointment of auditor; compensation.

Such independent auditor shall be appointed annually by resolution at least 30 days prior to the close of the fiscal year to make an independent examination of all the accounts and accounting records of the Township of Abington for the fiscal year then closing, at a compensation to be fixed by the Board of Township Commissioners.

Chapter 28, EN

(RESERVED)

Chapter 31, PLANNING COMMISSION

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 6-18-1956 by Ord. No. 828; amended in entirety 2-13-1975 by Ord. No. 1394. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Environmental Advisory Council -- See Ch. 10.

Subdivision of land -- See Ch. 146.

31-1. Commission created. [Amended 3-11-1993 by Ord. No. 1727]

A Township Planning Commission, which shall consist of nine persons appointed by the Board of Township Commissioners, is hereby created.

31-2. Powers and duties.

The Township Planning Commission shall have the powers and duties set forth in Act No. 247, P.L. 1968, as amended by Act. No. 93, P.L. 1972.EN

Chapter 34, POLICE DEPARTMENT

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department -- See Ch. 12.

Fire police force -- See Ch. 14.

Salaries and compensation -- See Ch. 38.

School Crossing Guards -- See Ch. 41.

ARTICLE I, Establishment [Adopted 2-21-1907 by Ord. No. 23]

34-1. Department established.

A Police Department is hereby established to preserve the public peace, enforce the criminal laws and penal ordinances and protect the life and property of the citizens of Abington Township.

34-2. Composition. [Amended 3-11-1976 by Ord. No. 1420]

The said Police Department shall consist of a Chief of Police and such other police officers as may be from time to time appointed by the Board.

34-3. Terms; compensation.

All such officers shall hold office at the pleasure and will of the Board and receive such compensation as may be fixed by the Board.EN

ARTICLE II, (Reserved)EN

34-4 through 34-6. (Reserved)

Chapter 36, RECORDS

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 3-9-1989 by Ord. No. 1652. Amendments noted where applicable.]

36-1. Legislative intent.

The purpose of this chapter shall be to provide regulations for the retention, transfer and destruction of records of the Township of Abington. This chapter is adopted for the purpose of retention of records for the period in which such records are needed and for the destruction of records to preserve necessary storage space for the government of Abington Township and for the preservation of historic records.

36-2. Adoption of regulations by reference.

Chapter 13 of Title 46 of the Pennsylvania Code, entitled "Retention and Disposition Schedule for Records of Pennsylvania Municipalities," promulgated by the Pennsylvania Historical Museum Commission, as existing on the date of adoption of this chapter, be and hereby is adopted as the regulations for retention, transfer and destruction of records within the Township of Abington, and each and all of the regulations in said Chapter 13 of Title 46 of the Pennsylvania Code are hereby referred to, adopted and made a part hereof as if fully set forth in this chapter.

Chapter 38, SALARIES AND COMPENSATION

[The currently effective resolutions establishing the salaries or rates of compensation of officers and employees of the Township of Abington are on file in the office of the Township Secretary.]

Chapter 41, SCHOOL CROSSING GUARDS; PARKING ENFORCEMENT OFFICERS

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Police Department -- See Ch. 34.

Salaries and compensation -- See Ch. 38.

ARTICLE I, School Crossing Guards [Adopted 4-14-1955 by Ord. No. 776]

41-1. Position established.

The position of School Crossing Guard is hereby created.

41-2. Duties.

The duties of such School Crossing Guard shall be to control and direct the traffic at or near the various schools in the Township of Abington when schoolchildren are normally going to or from such schools and at such other times as may be necessary. School Crossing Guards shall have authority to direct the movements of both pedestrian and vehicular traffic so as to best protect and safeguard the lives and well-being of the schoolchildren as they go to and from their respective schools.

41-3. Qualifications for appointment. [Amended 9-12-1968 by Ord. No. 1235; 3-11-1976 by Ord. No. 1420]

School Crossing Guards shall be selected from men and women not less than 18 years of age and who are residents of the Township of Abington. The number of School Crossing Guards to be selected or appointed and the periods of time for which they shall be employed shall be fixed by the Board of Township Commissioners from time to time by resolution.

41-4. Compensation.

School Crossing Guards shall be employed on an hourly basis, and compensation or rate of pay shall be established from time to time by resolution of the Board of Township Commissioners.EN

41-5. Guards not subject to civil service.

School Crossing Guards shall be casual, temporary or special employees and shall not be covered by any civil service regulations or provisions.

41-6. Appointment and removal.

School Crossing Guards shall be selected or appointed by the Department of Public Safety, subject to ratification by the action of the Board of Township Commissioners. School Crossing Guards may be removed from office or suspended by action of the Department of Public Safety, ratified by the Board of Township Commissioners.

41-7. Training; designation of stations.

School Crossing Guards shall undergo such training as may be required and prescribed from time to time by the Department of Public Safety, and such training shall be done under the supervision of the Chief of Police or such other officer as the Department of Public Safety may designate. The Chief of Police shall designate the locations or stations at which the School Crossing Guards will perform their duties, and the Chief of Police may change such stations or make any substitutions of locations or stations as such Chief of Police deems advisable from time to time.

41-8. Uniforms and badges.

The Department of Public Safety shall prescribe the uniforms and badges or other sign of authority to be worn by such School Crossing Guards, which shall be furnished by the Board of Township Commissioners.

41-9. Illegal conduct of pedestrians or vehicular traffic.

It is hereby declared illegal and unlawful for either pedestrian or vehicular traffic to interfere with or refuse to obey the commands and directions of such School Crossing Guards, and any person refusing to obey such commands or directions shall be deemed to have violated the provisions of this Article.

41-10. Violations and penalties.

Any person violating any of the provisions of this Article shall be liable to a fine or penalty not exceeding $10 for each and every offense and, further, shall be required to pay the costs upon conviction of the same before any District Justice in the Township of Abington, Pennsylvania, and upon failure to pay such fine and costs be subject to imprisonment for a period not to exceed five days.

ARTICLE II, Parking Enforcement Officers [Adopted 1-11-1996 by Ord. No. 1757]

41-11. Position established.

The position of Parking Enforcement Officer is hereby created.

41-12. Duties.

The duties of such Parking Enforcement Officer shall be to provide the first measure of enforcement against parking violators. Duties shall be performed under the general supervision of and in accordance with all instructions, established routines and guidelines of the Abington Township Police Department. Routine field work includes accurately and legibly issuing on-street parking tickets and/or traffic citations against vehicles which are illegally parked within the Township of Abington. An employee in this classification must maintain a presentable appearance, conduct themselves in a professional and courteous manner and communicate effectively when dealing with the public. The Parking Enforcement Officer shall have the authority to direct the movements of pedestrian and vehicular traffic at school crossings, accidents, fires or other scenes as needed.

41-13. Qualifications for appointment.

Parking Enforcement Officers shall be selected from men and women not less than 18 years of age, who have a valid Pennsylvania driver's license, Class 1, and who are residents of the Township of Abington.

41-14. Compensation.

Parking Enforcement Officers shall be employed on an hourly basis, and compensation or rate of pay shall be established from time to time by resolution of the Board of Township Commissioners.EN

41-15. Parking Enforcement Officer not subject to civil service.

Parking Enforcement Officers shall be casual, temporary or special township employees. Parking Enforcement Officers shall not be employees in the township police force and shall not be covered by any civil service regulations or provisions.

41-16. Appointment and removal.

Parking Enforcement Officers shall be appointed by resolution of the Board of Township Commissioners. Parking Enforcement Officers may be removed from office or suspended by the Board of Township Commissioners at the recommendation of the Chief of Police.

41-17. Training; designation of stations.

Parking Enforcement Officers shall undergo such training as may be required and prescribed from time to time by the Chief of Police, and such training shall be done under the supervision of the Chief of Police or such other officer as the Chief may designate.

41-18. Authority.

Parking Enforcement Officers shall have the authority to issue citations and enforce all Abington Township parking regulations and ordinances.

41-19. Uniforms and badges.

The Chief of Police shall prescribe the uniforms and badges or other sign of authority to be worn by such Parking Enforcement Officers which shall be furnished by the township.

41-20. Illegal conduct of pedestrians or vehicular traffic.

It is hereby declared illegal and unlawful for either pedestrian or vehicular traffic to interfere with or refuse to obey the commands and directions of such Parking Enforcement Officers, and any person refusing to obey such commands or directions shall be deemed to have violated the provisions of this Article.

41-21. Violations and penalties.

Any person violating any of the provisions of this Article shall be liable to a fine or penalty not exceeding $15 for each and every offense and, further, shall be required to pay the costs upon conviction of the same before any District Justice in the Township of Abington, Pennsylvania, and upon failure to pay such fine and costs be subject to imprisonment for a period not to exceed five days.

Chapter 42, SHADE TREE COMMISSION

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 7-10-1975 by Ord. No. 1406. Amendments noted where applicable.]

GENERAL REFERENCES

Environmental Advisory Council -- See Ch. 10.

42-1. Membership; terms of office; vacancies.

A. The Shade Tree Commission shall be composed of residents of the township who shall be appointed by the Township Commissioners and shall serve without compensation.

B. The Township Commissioners shall initially appoint one member for a term of three years, one for a term of four years and one for a term of five years.

C. Upon the expiration of the term of any Shade Tree Commissioner, a successor shall be appointed by the Township Commissioners, to serve for a term of five years.

D. Vacancies in the office of Shade Tree Commissioner shall be filled by the Township Commissioners for the unexpired term.

42-2. Powers and duties.

The Shade Tree Commission shall have the following powers and shall be required to:

A. Work with the appropriate township officials charged with the enforcement of the Zoning Ordinance and the Subdivision Ordinance of the townshipEN regarding shade trees to help implement the provisions of those ordinances with respect to:

(1) The planting, removal, maintenance and protection of shade trees in the public streets and highways of the township.

(2) The establishment and maintenance of buffer zones.

(3) The planting of shade trees in developments.

B. Contact owners of private property, where there is the possibility of shade trees being removed, to advise them of the desirability of retaining, altering or replacing such trees.

C. Work with other township officials and provide information to the public in order to encourage the planting and maintenance of shade trees on private property.

D. Prepare and present to the Board of Commissioners such additional legislation as the Commission deems appropriate to promote the planting and maintenance of shade trees in the township.

42-3. Employees.

The Commission shall not hire, employ or pay any tree warden, arborist, forester, engineer or any assistant as might be considered appropriate without the specific approval of the Department of Public Affairs and the Board of Commissioners.

42-4. Expenditures.

No expenditure by the Commission shall be made without the specific approval of the Department of Public Affairs and the Board of Commissioners.

42-5. Annual reports.

The Commission shall annually report in full to the Department of Public Affairs and the Board of Commissioners on the activities of the Commission.

Chapter 44, SOCIAL SECURITY

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 9-11-1952 by Ord. No. 703. Amendments noted where applicable.]

GENERAL REFERENCES

Pension plans -- See Ch. 28.

44-1. Election to accept coverage.

The Township of Abington is hereby authorized to execute and deliver to the state agency a plan or plans and agreement, required under Section 6 of the Enabling Act, adopted as Act. No. 491, and the Social Security Act, to extend coverage to employees and officers of the Township of Abington, and to do all other necessary things to effectuate coverage of employees and officers under the old-age and survivors insurance system.

44-2. Authorization for payroll deductions.

The Township Secretary is hereby authorized to establish a system of payroll deduction to be matched by payments by the Township of Abington to be made into the Contribution Fund of the Social Security Act through the office of the state agency, and to make charges of this tax to the fund or funds from which wage or salary payments are issued to employees of the Township of Abington. Such payments are to be made in accordance with the provisions of the law and regulations promulgated by the state agency and the Federal Social Security Administrator. Such payments which are delinquent shall bear interest at the rate of 1/2 of 1% per month until such time as payments are made.

44-3. Appropriation; commencement of coverage. [Amended 12-19-1952 by Ord. No. 715]

Appropriation is hereby made from the proper fund or funds of the Township of Abington in the necessary amount to pay into the Contribution Fund as provided in Section 4 of the Enabling Act and in accordance with the plan or plans and agreement. Authority is given to the President and Secretary of the Township of Abington to enter into an agreement with the state agency, which agreement shall be in accordance with Act No. 491 and with paragraph 218 of the Social Security Act. Such plan and agreement shall provide that the participation of this Township of Abington shall commence as of January 1, 1951.

Chapter 50, WARDS

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 12-14-1972 by Ord. No. 1339; amended in its entirety 2-11-1993 by Ord. No. 1725. (This ordinance was further amended 3-11-1993 by Ord. No. 1728, which provided for an effective date of 1-1-1994.) Subsequent amendments noted where applicable.]

50-1. Reapportionment of wards.

The Township of Abington is hereby reapportioned and redistricted into 15 wards by realigning the boundaries of the presently existing wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15. The boundaries and the number of each ward shall be as set forth on the attached map which is made a part of this chapter.EN

50-2. Apportionment of Commissioners.

The incumbent Commissioners residing in the existing Ward Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall continue to represent the revised and realigned Ward Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 until their current terms expire.