[Statkowski]

Thanks for the e-codes link. I think it's a fantastic tool. Recommend looking in the borough's Parks & Recreation section first. Rummaging through it I found a nearby borough (Ebensburg, Cambria County), and sent the following to them via U.S. Postal Service (far more impact than an e-mail):

Dear President Nesbella,

From your Borough Code, posted on-line, specifically Chapter 16 (Parks and Recreation), Part 1 (Regulation for Use of Parks and Recreational Areas), Section 16-103 (Prohibited Conduct), the following subsections are found:

I. Carry or discharge any firearms, slingshots, firecrackers, fireworks or other missile propelling instruments or explosives or arrows, or other dangerous weapons which have such properties as to cause annoyance or injury to any person or property, unless permission has been granted by the borough council in designated areas; police officers in the performance of their duties will be exempt from these provisions. (Ord. 494, 11/27/2000) [Emphasis added]

R. Hunt for, capture or kill, or attempt to capture or kill, or aid or assist in the capturing or killing of, in any manner, any wild bird or wild animal of any description, either game or otherwise, and to that end, it is unlawful for any person to carry onto or possess in any park, a shotgun or rifle or pistol or firearm of any make or kind unless specific permission is granted for a designated area by authority of the borough council. (Ord. 494, 11/27/2000) [Emphasis added]

Perhaps your borough’s solicitor overlooked this or was unfamiliar with the law governing such, but the emphasized selections are in violation of the Commonwealth’s Uniform Firearms Act (1995), which reads as follows:

18 Pa. C.S. §6120. Limitation on the Regulation of Firearms and Ammunition.

(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammuni­tion components when carried or transported for purposes not prohibited by the laws of this commonwealth. [Emphasis added]

What does this mean? Well, the emphasized portions of Ordinance 494 are unenforceable, and are null and void since they’ve exceeded the authority of the borough council. Additionally, should a borough police officer “enforce” such ordinance, wrongful arrest and abuse of office charges could be laid on the officer, the police department and the borough – not an inexpensive proposition for the borough.

As one Borough Council President to another, I recommend you take the necessary steps to remove the offending portions in order to protect the Borough of Ebensburg from any adverse actions.

Most respectfully yours,