[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-13-1983 by Ord. No. 426, approved 10-13-1983]
The codification of a complete body of ordinances for the Borough
of Colwyn, County of Delaware, Commonwealth of Pennsylvania, revised,
codified and consolidated into titles, chapters and sections by General
Code Publishers Corp. and consisting of Chapters 1 through 145, together
with an Appendix and Index, is hereby approved, adopted, ordained
and enacted as the Colwyn Borough Code, hereinafter known and referred
to as the "Code," pursuant to Section 1008(b) of the Borough Code,
53 P.S. § 46008(b).
All provisions of the Code shall be in full force and effect
on and after October 13, 1983.
All ordinances or parts of ordinances of a general and permanent
nature adopted by the Borough of Colwyn 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repealed as of the effective date of this ordinance, except as hereinafter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 June 10, 1982.
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.
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.
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 Borough or other instruments
or evidence of the Borough'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 Borough.
J. Any
ordinance designating the boundaries of water or sewer districts.
K. The
levy or imposition of taxes, sewer rents, special assessments or charges.
L. The
dedication of property.
M. Any
currently effective ordinance or resolution establishing the salaries
or compensation of officers and employees of the Borough.
N. Any
ordinance amending the Zoning Map.
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 ordinance of the Borough of Colwyn 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 Borough Council 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 have been made to various ordinances
found within the Code and certain new materials have been added to
the Code. These changes and additions have been made to bring the
provisions of the Code into conformity with the desired policies of
the Borough Council, and it is the intent of the Borough Council 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
or adopted to read as such. Such changes and additions are cited within
the historical statements by the terms "amended at time of adoption
of Code" or "adopted at time of adoption of Code." These changes and
additions are further detailed as follows:
A copy of the Code in a post-bound volume has been filed in
the office of the Borough Secretary and shall remain there for use
and examination by the public until final action is taken on this
ordinance. If this ordinance shall be adopted, such copy shall be
certified to by the Borough Secretary, as provided by law, and such
certified copy 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 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 Borough Council subsequent to the
effective date of this codification, which the 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 book, at which time such supplements
shall be inserted therein.
Copies of the book containing the Code may be purchased from
the Borough Secretary upon the payment of a fee to be set by resolution
of the Borough Council, which may also arrange, by resolution, for
procedures for the periodic supplementation thereof.
The Borough Secretary, 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 Borough.
Sufficient copies of the Code shall be maintained in the office of
the Borough Secretary for inspection by the public at all times during
regular office hours.
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 part 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 part thereof.
[Amended 11-10-1988 by Ord. No. 447]
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of this Code or to
alter or tamper with such Code in any manner whatsoever which will
cause the law of the Borough to be misrepresented thereby. Anyone
violating this section of this ordinance shall be subject, upon conviction,
to a fine of not more than $600 and costs of prosecution, and, upon
default in payment of the fine and costs, to imprisonment in the county
jail for not more than 30 days.