[HISTORY: Adopted by the County Council of Allegheny County 6-20-2006 by Ord. No. 12-06. Amendments noted where applicable.]
County Council does hereby acknowledge the receipt of that certain post-bound two-volume set of documents, as prepared, compiled, edited, revised, codified and consolidated by General Code Publishers Corporation, containing therein, in addition to the Home Rule Charter of Allegheny County, a collection and compilation of the following ordinances of Allegheny County: (a) certain ordinances of Allegheny County intended to have a general and permanent application or effect that were enacted prior to the adoption of the County Home Rule Charter while Allegheny County was under the county commissioner system of county government provided under the Second Class County Code; and (b) all Allegheny County ordinances intended to have a general and permanent application or effect that were enacted subsequent to the adoption of home rule. This two-volume set of legislation enactments for Allegheny County, Commonwealth of Pennsylvania, as revised, codified and consolidated by General Code Publishers Corporation, and consisting of the Charter, Administrative Code, Chapters 205 through 875, and an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of Allegheny County and is hereby designated as the "Code of Ordinances of Allegheny County," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those County ordinances in force immediately prior to the enactment of this ordinance creating and constituting this Code, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of all of the provisions of this Code shall be from the date of adoption of such prior ordinances prior to their placement in this Code. All such provisions of such prior ordinances are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the County Council of Allegheny County, and it is the intention of Allegheny County Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in the Code. Only those parts or portions of such ordinances that have been changed or modified in the manner described in § 203-5 below shall be deemed to be enacted from the effective date of this Code set forth in § 203-12 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 the County of Allegheny which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
All Allegheny County ordinances intended to have a general and permanent application or effect adopted subsequent to the date of adoption of this ordinance creating and constituting this Code 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 the process of collecting, editing, revising and otherwise preparing the County ordinances described in § 203-1 above for inclusion and consolidation into this Code, it is recognized that General Code Publishers Corporation, on occasion, made certain nonsubstantive grammatical and style changes in one or more of the ordinances included in this Code. All such nonsubstantive grammatical and style changes made by General Code Publishers Corporation to any ordinance included as part of this Code are hereby adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
Chapter and article titles, headings and titles of sections and other divisions in the Code or in any future supplements made to the Code are inserted in the Code and may be inserted in any future supplements to the Code for the convenience of persons using the Code and shall not be considered as part of any ordinance included in the Code, unless otherwise specifically indicated or stated.
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 any future supplements to the Code for the convenience of persons using the Code and shall not be considered as part of any ordinance included in the Code.
Three copies of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Chief Clerk of Allegheny County Council and shall remain there for use and examination by the public. Upon adoption, such copies of the Code shall be certified to by the Chief Clerk of Allegheny County Council, as provided by law, and such certified copies shall remain on file in the office of the Chief Clerk of Allegheny County Council and made available to persons desiring to examine the same during all times while the 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. The County Solicitor, upon the request of the Chief Clerk of Allegheny County Council, shall make the final determination concerning whether any particular ordinance was intended to be of general and permanent application and effect and should be incorporated into the Code.
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. Following the adoption of any ordinance that adds, deletes, amends or supplements the Code, the Chief Clerk of Allegheny County Council, with the assistance and the final approval of the County Solicitor, shall determine the specific location where such ordinance shall be incorporated into the Code.
It shall be the duty of the Chief Clerk of Allegheny County Council or the Chief Clerk’s authorized representative or delegate to keep up-to-date the certified copies of the book containing the Code required to be filed in the office of the Chief 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.
Nothing in this ordinance shall be construed or interpreted in any way as repealing, annulling or abolishing any prior County ordinance intended to have a general and permanent application or effect that may have been inadvertently or mistakenly omitted from this Code. Nothing in this ordinance shall be construed or interpreted in any way as repealing or abolishing any County ordinance intended to have a specific and limited effect.
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 any County ordinance 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 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 would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein.
Except as otherwise provided by § 203-9 of this ordinance, any resolution and ordinance or any part thereof conflicting with the provisions of this ordinance is hereby repealed in so far as the same affects this ordinance.