[HISTORY: Adopted by the County Council of
the County of Delaware as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-3-2010 by Ord. No. 2010-3]
The codification of a complete body of legislation for Delaware County, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters
1 through
224, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of Delaware County, which shall be known and is hereby designated as the "Delaware County Code," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the County Council of Delaware County, and it is the intention of said County 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 inconsistent with the
provisions contained in the Code adopted by this ordinance are hereby
repealed; provided, however, that such repeal shall only be to the
extent of such inconsistency, and any valid legislation of Delaware
County which is not in conflict with the provisions of the Code shall
be deemed to remain in full force and effect.
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from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: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 February 9, 2009.
B. Any
right or liability established, accrued or incurred under any legislative
provision of the County 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 County
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 County.
E. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the County 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 County or other instruments or evidence
of the County'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 County.
K. Any
ordinance providing for or 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 County or setting the bond of any officer or
employee.
P. Any
ordinance relating to or establishing a pension plan or pension fund
for municipal employees.
Q. Any
ordinance or portion of an ordinance establishing a specific fee amount
for any license, permit or service obtained from the County.
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.
A. Nonsubstantive
grammatical changes. In compiling and preparing the ordinances and
resolutions of the County for adoption and revision as part of the
Code, certain nonsubstantive grammatical and style changes were made
in one or more of said ordinances. It is the intention of the County
Council that all such changes be adopted as part of the Code as if
the ordinances and resolutions so changed had been previously formally
amended to read as such.
B. Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the County Council, and it is the intent of the County Council that all such changes be adopted as part of the Code as if the ordinances so changed have been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in §
1-15.
C. Nomenclature.
Throughout the Code, references to the following agencies or officials
are updated as indicated:
(1) "Department of Environmental Resources" or "DER" is revised to "Department
of Environmental Protection" or "DEP."
(2) "Department of Community Affairs" or "DCA" is revised to "Department
of Community and Economic Development" or "DCED."
(3) "Justice of the Peace," "District Magistrate" and "District Justice"
is revised to "Magisterial District Judge."
(4) "Board of Personnel Grievance" or "Board of Personnel Grievances"
is revised to "Board of Personnel Grievance and Performance Review."
(5) "Communications Center" is revised to "Department of Emergency Services."
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.
A. Chapter
and article titles, headings and titles of sections and other divisions
in the Code or in supplements made to the Code are inserted in the
Code and may be inserted in supplements to the Code for the convenience
of persons using the Code and are not part of the legislation.
B. Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
At least one copy of the Code in a post-bound volume shall be
filed with the Ordinance Book in the office of the County Clerk and
shall remain there for use and examination by the public. Upon adoption,
such copy or copies shall be certified to by the County Clerk, as
provided by law, and such certified copy or copies shall remain on
file in the office of the County Clerk, 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 County 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 County Clerk or someone authorized
and directed by him or her to keep up-to-date the certified copy or
copies of the book containing the Code required to be filed in the
office of the County Clerk for the use of the public. All changes
in said Code and all ordinances adopted by the County Council subsequent
to the effective date of this codification which the County Council
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 books, at which time such
supplements shall be inserted therein.
The County Clerk, 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 County. 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 a copy or 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 County to be misrepresented thereby. Anyone violating
this section of this ordinance shall, upon conviction thereof, be
punished by a fine not exceeding $600, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not
exceeding 30 days.
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
illegal, invalid or unconstitutional. It is hereby declared to be
the intent of the County 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 September 1, 2010.