[Adopted 8-21-1991 by Ord. No. 362]
Be it enacted and ordained by the Borough Council of the Borough
of Parkside, County of Delaware, Commonwealth of Pennsylvania, and
it is enacted and ordained as follows:
Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of ordinances for the Borough of Parkside, County of Delaware, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters
1 through
182, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Parkside, which shall be known and is hereby designated as the "Code of the Borough of Parkside," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of the 1979 Code of the Borough of Parkside and the ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such 1979 Code and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior 1979 Code or ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Parkside, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below, and only changed provisions, as described in §
1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in §
1-15 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Parkside and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in §
1-15 below, 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; provided, however, that the repeal of ordinances pursuant to §
1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A. Any
ordinance adopted subsequent to December 19, 1990.
B. Any
right or liability established, accrued or incurred under any legislative
provision of the Borough prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability or any cause of action acquired or existing.
C. Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Borough
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 Borough.
E. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Borough or any lawful contract, obligation or
agreement.
F. Any
ordinance appropriating money or transferring funds, promising or
guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of the Borough or other instruments or evidence
of the Borough's indebtedness.
G. Any
ordinance adopting an annual budget or establishing an annual tax
rate.
H. Any
ordinance providing for the levy, imposition or collection of special
taxes, assessments or charges.
I. Any
ordinance authorizing the purchase, sale, lease or transfer of property
or acquiring property by acceptance of deed, condemnation or exercise
of eminent domain.
J. Any
ordinance annexing land to the Borough.
K. Any
ordinance providing for requiring the construction or reconstruction
or opening of sidewalks, curbs and gutters.
L. Any
ordinance or part of an ordinance providing for laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place
or property or designating various streets as public highways.
M. Any
ordinance establishing water, sewer or other special purpose districts
and designating the boundaries thereof; providing for a system of
sewers or water supply lines; or providing for the construction, extension,
dedication, acceptance or abandonment of any part of a system of sewers
or water supply lines.
N. Any
ordinance providing for the making of public improvements.
O. Any
ordinance providing for the salaries and compensation of officers
and employees of the Borough or setting the bond of any officer or
employee.
P. Any
ordinance concerning changes and amendments to the Zoning Map.
All ordinances of a general and permanent nature adopted subsequent to the date given in §
1-4A and/or prior to 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 ordinances shall be temporarily placed in the Code until printed supplements are included.
In interpreting and applying the provisions of the Code, they
shall be held to be the minimum requirements for the promotion of
the public health, safety, comfort, convenience and general welfare.
Where the provisions of the Code impose greater restrictions or requirements
than those of any statute, other ordinance, resolution or regulation,
the provisions of the Code shall control. Where the provisions of
any statute, other ordinance, resolution or regulation impose greater
restrictions or requirements, the provisions of such statute, other
ordinance, resolution or regulation shall control.
Three copies of the Code in a post-bound volume shall be filed
with the Ordinance Book in the office of the Borough Secretary and
shall remain there for use and examination by the public. Upon adoption,
such copies shall be certified to by the Borough Secretary, as provided
by law, and such certified copies shall remain on file in the office
of the Borough Secretary, available to persons desiring to examine
the same during all times while 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 Borough Council 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 said Code as amendments
and supplements thereto.
It shall be the duty of the Borough Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copies
of the book containing the Code required to be filed in the office
of the Borough Secretary for the use of the public. All changes in
said Code and all ordinances and resolutions adopted by the Borough
Council subsequent to the effective date of this codification which
the Borough Council shall adopt specifically as part of the Code shall,
when finally adopted, be included therein by reference until such
changes or new ordinances or resolutions are printed as supplements
to said Code books, at which time such supplements shall be inserted
therein.
The Borough Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction and of the adoption
of the Code in a newspaper of general circulation in the Borough.
The enactment and application of this ordinance, coupled with the
publication of the notices of introduction and adoption, as required
by law, and the 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.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, or to alter or tamper with the Code or
any part or portion thereof, in any manner whatsoever, which will
cause the law of the Borough to be misrepresented thereby. Anyone
violating this section of this ordinance shall, upon conviction thereof,
be liable to the maximum penalty provided by law.
The provisions of this ordinance and of the Code adopted hereby
are severable, and if any clause, sentence, subsection, section, article,
chapter or part thereof shall be adjudged by any court of competent
jurisdiction to be illegal, invalid or unconstitutional, such judgment
or decision shall not affect, impair or invalidate the remainder thereof
but shall be confined in its operation and application to the clause,
sentence, subsection, section, article, chapter or part thereof rendered.
It is hereby declared to be the intent of the Borough Council that
this ordinance and the Code would have been adopted if such illegal,
invalid or unconstitutional clause, sentence, subsection, section,
article, chapter or part thereof had not been included therein.
All provisions of this ordinance and of the Code shall be in
force and effect on and after August 22, 1991.