Menges, McLaughlin & Kalasnik, P.C.
Municipal Law Attorneys serving Lancaster, York, Dauphin & Adams Counties, Pennsylvania
County and municipal ordinances include laws pertaining to local taxation, land use, land development and zoning, garbage collection, loitering, littering, vehicle parking, and public water and sewer facilities. If a citizen is warned or cited about an alleged violation of a local ordinance he usually has the right to appeal directly to the local board which oversees the ordinance that he has supposedly violated. Many people try to represent themselves before the various boards thinking that it is such a simple matter that it can be handled informally. Also, some people mistakenly rely solely on advice from municipal employees or appointed officials. However, only your lawyer can be counted on to zealously protect your interests. Very often, people who try to avoid a lawyer find that they are overwhelmed by the process or that they have appeared before the wrong board to address their problem! They must then accept defeat and whatever unfortunate consequences it brings or consider appealing the matter further to County Court, which is a much more difficult and expensive process.
County and municipal law involves those enacted by county or municipal governments. Usually these laws are called ordinances. In Pennsylvania, county ordinances are enacted by the three member County Board of Commissioners. In townships, municipal ordinances are enacted by three or five member boards of supervisors or commissioners depending upon the specific form of administration the township has chosen. In boroughs the ordinances are passed by the borough council which consists of three to twelve members depending upon the borough's population. In cities, the ordinances are enacted by the city council whose total membership may vary widely.
Additionally, there are many local boards operating under county and municipal governments. These include the zoning board, planning commission, sewer and water authorities, police commission, recreation board, and others.
These municipal governments enact laws that are enforceable only within the boundaries of their municipality. Some laws are enforceable by imposing substantial civil fines for violations while others can involve criminal penalties, including imprisonment, although such a penalty for municipal ordinance violations is rare. Ordinance violations may also result in property liens or injunctions place against the violator. Although county and municipal ordinances are not as well publicized as state or federal laws, they can often have equally as great an impact on the individual citizen.
When faced with a warning or citation for supposedly violating an ordinance or when considering appearing before any local board a citizen should always seek the advice of a lawyer experienced in dealing with local ordinances. At a minimum, a lawyer can evaluate the case to determine just how serious it may be and what options may be available. Often, no further representation is needed and the matter can be resolved quickly and easily. Sometimes, however, an appeal to the local board overseeing the matter may be necessary. Having a lawyer represent a citizen before the local board can prevent a great deal of frustration, expense and difficulty compared to seeing a lawyer after the local board has rendered an unfavorable decision regarding the alleged violation. Under these circumstances, "an ounce of prevention is worth a pound of cure."
Although a lawyer can also help in appealing an unfavorable decision from a local board to a higher court, it is better for all concerned to resolve it in the earliest stages of the case. A lawyer is best suited to resolve such matters at the earliest possible time, thus saving his client a great deal of time, expense, and frustration that he will often experience when he tries to represent himself.
Our firm represents various municipalities and our attorneys have served on municipal boards themselves. We use this experience to represent citizens and businesses before all types of municipal boards. We are experienced in all local government matters. If you have an issue involving local government, call us. We will evaluate your case, explain all your options, and help you resolve the issue.
If you would like to discuss your case or to meet with one of our attorneys, please contact us.