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[HISTORY: Adopted by the Board of Supervisors of the Township of Hempfield: Art. I, 12-29-1975 as Ord. No. 75-39. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 12-29-1975 as Ord. No. 75-39]
The codification of a complete body of ordinances for the Township of Hempfield, County of Westmoreland, Commonwealth of Pennsylvania, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., consisting of Chapters 1 through 87, together with an Appendix and Index, is hereby approved, adopted, ordained and enacted as the "Code of the Township of Hempfield," hereinafter known and referred to as the "Code," pursuant to XLI.1 (53 P.S. § 65741.1) of the Second Class Township Code.
All provisions of the Code shall be in full force and effect on and after December 29, 1975.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Hempfield and in force on the date of the adoption of this ordinance, and not contained in the Code, are hereby repealed as of the effective date of this ordinance, except as hereinafter provided.
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 March 24, 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, acceptance or vacation of any right-of-way, easement, street, road, 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.
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.
A. In compiling and preparing the ordinances of the Township of Hempfield 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 Supervisors 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 and certain new materials have been added to the Code. These changes and additions were made to bring the provisions into conformity with the desired policies of the Board of Supervisors and it is the intent of the Supervisors that all such changes and additions be adopted as part of the Code as if the ordinances so changed or added had been previously formally amended to read as such. Such changes and additions are cited within the historical statements by the term "amended at time of adoption of Code" or "adopted at time of adoption of Code." These changes and additions are further detailed as follows. Editor's Note: The following sections or chapters of the Code were amended or added pursuant to § I-6B. A complete description of these amendments and additions is on file in the office of the Township Secretary. Amendments: Ch. 20; § 23-5; § 23-6; § 23-12A, B and C; § 23-43; § 37-2; Ch. 41; § 47-8; § 52-8; § 57-14A; § 62-12; § 67-9; § 70-13; Ch. 73, Art. II; § 73-17; Ch. 76; § 79-1; § 79-2C; § 79-3; § 79-6C; § 79-9A; § 79-12; § 79-13; § 79-14; § 79-18; § 79-20; § 79-22D; § 79-24A; § 79-26; § 79-33; § 79-34; § 79-39; § 83-23; and § 83-28A.
A copy of the Code in a post-bound volume has been filed in the office of the Secretary of the Board of Supervisors 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 Secretary of the Board of Supervisors, as provided by law, and such certified copy shall remain on file in the office of the Secretary, available to persons desiring to examine the same during all times while the said Code is in effect.
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 Supervisors 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.
It shall be the duty of the Secretary of the Board of Supervisors, or someone authorized and directed by the Secretary, to keep up-to-date the certified copy of the book containing the Code required to be filed in the office of the Secretary for the use of the public. All changes in said Code and all ordinances adopted by the Board of Supervisors subsequent to the effective date of this codification which the Board of Supervisors 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.
Copies of the book containing the Code may be purchased from the Secretary of the Board of Supervisors upon the payment of a fee to be set by resolution of the Supervisors, who may also arrange, by resolution, for procedures for the periodic supplementation thereof.
The Secretary of the Board of Supervisors, 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 of Hempfield. Sufficient copies of the Code shall be maintained in the office of the 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.
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 parts thereof.
Each section of this ordinance is an independent section, and the holding of any 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 parts thereof.
[Amended 6-12-1989 by Ord. No. 89-13; 4-8-1996 by Ord. No. 96-4]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 of Hempfield to be misrepresented thereby. Anyone found by the District Justice to have violated this ordinance shall be subject to a civil fine not to exceed $600, plus all court costs and reasonable attorney's fees incurred by Hempfield Township in the enforcement of this ordinance in a civil enforcement proceeding.