Ordinance No. 5 of 2022

 

AN ORDINANCE OF THE CITY OF ALIQUIPPA,

COUNTY OF BEAVER AND COMMONWEALTH OF PENNSYLVANIA, PROHIBITING THE USE OF TOBACCO IN RECREATIONAL AREAS, PARKS AND PLAYGROUNDS

AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

 

 

WHEREAS, the City of Aliquippa is a Municipal Corporation organized and existing under the laws of the Commonwealth of Pennsylvania, including but not limited to the Third-Class City Code; and

 

WHEREAS, the Legislature of the Commonwealth of Pennsylvania vests the City of Aliquippa with the power and authority to make and adopt all such Ordinances, bylaws, rules and regulations which are not inconsistent with or restrained by the Federal or Pennsylvania State Constitutions, as well as the laws of the Commonwealth of Pennsylvania; and

 

WHEREAS, the Legislature of the Commonwealth of Pennsylvania vests the City of Aliquippa with the power and authority to make laws as to be expedient or necessary for the proper management, care and control inter alia, of the City finances, and the maintenance of peace, good government, safety and welfare of the City, its trade, commerce and manufacturers; and

 

WHEREAS, the Municipal Council of Aliquippa acknowledges that second hand tobacco smoke poses a threat to the health, safety and welfare of adults and minor children; and

 

WHEREAS, the U.S. Surgeon General has determined that there is no safe level of exposure to tobacco smoke pollution; and

 

WHEREAS, secondhand tobacco smoke is responsible for over 50,000 deaths among nonsmokers each year; and

 

WHEREAS, tobacco kills more Americans each year than alcohol, cocaine, heroin, homicide, and suicide, accidents, fire and AIDS combined; and

 

WHEREAS, 80% of smokers started smoking before the age of 18, and the average initiation age is 12 years old; and

 

WHEREAS, the Town Council of the City of Aliquippa desires to discourage tobacco use and promote the public health by making City owned parks, playgrounds and recreational fields “tobacco and nicotine-free zones.”

 

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Town Council of the City of Aliquippa and it is hereby ordained and enacted by the authority of the same as follows:

 

 

Article I:      Designated Tobacco-Free Areas:  That the areas of parks and playgrounds where children are present including Lefty Cepul Fields, Paul Corsi Jr. Park, Logstown Playground, Jessie Walker Park, Plan 6 Playground, Mrs. Redd’s Third Ave Community Playground and any and all other parks in the City of Aliquippa are from this time forward, are hereby designated tobacco and nicotine-free and the use of any tobacco product in any form shall be prohibited hereafter.

 

“TOBACCO” is defined to include any lighted or unlighted cigarette, cigar, pipe, and any other smoking product: and spit tobacco, also known as smokeless, dip, chew, spit less, snus and snuff, in any form: including, but not limited to, non-FDA approved cessation nicotine products, digital/electronic nicotine delivery systems e.g. “e-cigarette,” vapor products or anything that simulates or can be construed as being a smoking or smokeless tobacco product (I.e., herbal smoking products).

 

Article II:    Young Lungs at Play Signs or other appropriate signage will be posted delineating the tobacco and nicotine free areas.

 

Article III:   Enforcement: Any person, corporation, or entity violating any provision of this Ordinance shall be subject to a fine of not less than $50.00 nor more than $300.00.

Article IV:   The community shall be placed on notice of the enactment of this Ordinance                           pursuant to the advertising requirements of the Third-Class City Code.

 

This Ordinance shall be effective immediately upon enactment by the Town Council of the City of Aliquippa, and shall remain in effect until revised, amended or revoked.

 

RESOLVED AND ADOPTED this _______ day of _______________ 20___, by the Town Council of the City of Aliquippa, a quorum being present and voting this same date.

 

 

___________________________

Honorable Dwan Walker, Mayor

 

 

CITY OF ALIQUIPPA

RESOLUTION 11 of 2022

 

A RESOLUTION OF THE CITY OF ALIQUIPPA, COUNTY OF BEAVER, AND COMMONWEALTH OF PENNSYLVANIA INCREASING THE QUARTERLY RATE FOR COLLECTION OF GARBAGE, REFUSE AND RUBBISH TO SIXTY ($60.00) DOLLARS.

 

WHEREAS, the City of Aliquippa has therefore enacted legislation, rules and resolutions pertaining to the collection of garbage, refuse and rubbish; and,

 

WHEREAS, the City of Aliquippa has also enacted legislation, rules and regulations relevant to the assessment and collection of fees and costs associated with the above described collections; and,

 

WHEREAS, the City of Aliquippa has recently solicited bids from qualified bidders for the collection and disposal of garbage, refuse and rubbish which bids were opened at a public meeting held on _November 3, 2021; and,

 

WHEREAS, the aforesaid bids reflected a substantial increase in the costs that will be incurred to the collection and disposal of garbage, refuse and rubbish which costs must be ultimately paid by the residents of the City of Aliquippa; and,

 

WHEREAS, the City Council is authorized to amend the fees imposed for garbage collection from time to time by official Resolution of the City.

 

NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED as follows:

 

SECTION 1

That Ordinance No. 5 of 1991, Article 1, Section 03 entitled “Administration”, subpart entitled “Fees for Collection and Disposal”, paragraph “1”, (as amended by Ordinance No. 5 of 1991, Ordinance 5 of 1999, Ordinance No. 9 of 2001, Ordinance 3 of 2018, Resolution No. 22 of 2008 and Resolution 5 of 2017).

 

1. For residential single houses, duplexes and apartments of three (3) or less units, the fee shall be Fifty-five ($55.00) Dollars for three (3) months per unit, for collection of garbage, refuse and waste materials.”

Shall and is hereby stricken in its entirety and in lieu thereof the following is substituted:

 

1. For residential single houses, duplexes and apartments of three (3) or less units, the fee shall be sixty ($60.00) Dollars for three (3) months per unit, for collection of garbage, refuse and waste materials.

 

SECTION III

 

That the within Resolution shall take effect on and after January 1, 2023 until such time as amended by further Resolution or Ordinance.

 

RESOLVED, this 30^th day of November, 2022 by the Council of the City of Aliquippa, Beaver County, Pennsylvania.

 

RESOLUTION 11 of 2022