City officials add provisions to controversial ordinance

Oct. 25—SUNBURY — Councilmen are doubling down on a controversial ordinance that bans convicted drug dealers from living within Sunbury by also banning renters who are convicted of a felony crime of violence.

At Monday's town hall meeting, Councilman John Barnhart and Solicitor Joel Wiest made the announcement that the city will begin to enforce a 2012 ordinance banning convicted drug dealers from living in the city for seven years and are adding anyone convicted of a felony crime of violence.

Some of those charges would include felony convictions of aggravated assault, homicide, murder, voluntary or involuntary manslaughter, assault of law enforcement, drug delivery resulting in death, stalking, strangulation, hazing, kidnapping and trafficking, as well as several others, according to city officials.

"We as a city must all work together to keep Sunbury safe," Barnhart said at the start of the meeting, which was attended by about 50 people.

"We the city of Sunbury want property owners, licensed brokers or qualified and approved property managers before renting to anyone in Sunbury to be extremely circumspect when obtaining and signing any agreement, lease and or obtaining a renters permit. The code department will work diligently to ensure this ordinance will be strictly enforced," he said.

Jinny Rhoads, owner of Jinny's Simply Stylin Salon, on S. 10th Street, praised council members for beginning to enforce the ordinance and adding the new language for acts of violence.

"I think this is a great idea," she said. "It is unsafe in this city and something needs to be done."

Several others spoke in favor of the ordinance, including Deb Betz, who owns rental properties in Sunbury.

"We all need to work together and I think this is a great idea because Sunbury is a great town and if we are all working together we can continue to move forward," Betz said.

Councilman Ric Reichner said the ordinance has only been enforced twice since 2012.

The only heated moment of the town hall came when Jesse Storm, of Coal Township, who said he works with Brokers Realty and has conducted business in Sunbury in the past, began to question Wiest and Mayor Josh Brosious about the law.

Storm said the ordinance was in violation of the law and that addiction is an illness and people who have addictions shouldn't be discriminated against.

Wiest said the ordinance has nothing to do with addiction, it has to do with felony convictions of selling drugs and felony crimes of violence.

Brosious told Storm that instead of complaining about the ordinance that he should submit a solution to the problem.

Property owner Curt Sassaman said he was not in favor of the ordinance because he felt people who had paid their debt to society by serving a prison sentence should be given a second chance.

Sassaman said he felt the ordinance would be breaking constitutional rights and he urged council members to reconsider.

Council passed the ordinance in 2012 under former Mayor David Persing.

A rash of 2012 drug raids that included several Sunbury renters was a catalyst for the ordinance, Persing said at the time.

Persing wanted to ban all convicted drug offenders from renting in the city forever.

The council toned down Persing's demands and passed the ordinance stating drug-selling convicts are banned from renting in Sunbury for 84 months before they can reapply.

Currently, the ordinance 134-9 "Illegal activities," reads, "An individual convicted of any felony drug offense, upon conviction and expiration of any applicable appeal period, shall not be eligible to be a tenant of a residential rental unit. "Felony drug offense" shall mean an offense that is punishable by imprisonment for more than one year under any law of the United States or of a state or foreign country that prohibits or restricts conduct relating to narcotic drugs and other controlled substances, and specifically including any prohibited act under Pennsylvania's Controlled Substance, Drug, Device and Cosmetic Act,"

The ordinance goes on to say, "a convicted illegal substance distributor shall not be eligible to be a tenant of a residential rental unit and shall be considered in violation of this chapter. Seven years after an individual's conviction and the expiration of any applicable appeal period, that individual shall be eligible to be a tenant of a residential rental unit, provided that the individual has no additional conviction(s) of any felony drug offense during that seven-year period. Failure of the property owner to remove said convicted individual from the residential rental unit shall result in non renewal of the housing permit."

Barnhart and Wiest told the public they are also working up language for waivers for people who want to rent. Wiest said council will be working on putting a panel together. The prospective renter can apply to appear before the board and, based on a recommendation, can then have a hearing in front of City Council.

Brosious said he was happy with the turnout.

"The public came out to express their concerns, whether they were for it or against it, everything will be considered before the final ordinance is passed," he said.

"Our primary goal is the safety of our citizens and the additions to this ordinance came from the federal guidelines and I am saddened to see that some property owners would put profits over the safety of our children and residents."

Brosious said the ordinance will be up for a vote at the Nov. 14 council meeting.