[Adopted 4-28-1980 by Ord. No. 80-13]
Pursuant to § 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of ordinances for the Borough of Jenkintown, County of Montgomery, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through 185, together with Appendix Chapters
A186 and A187, notice of which has been given as required by law, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Jenkintown, which shall be known and is hereby designated as the "Code of the Borough of Jenkintown," 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 Borough Council of the Borough of Jenkintown, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 new or changed provisions shall be deemed to be enacted from the effective date of this Code, as provided in §
1-6 below.
All ordinances or parts of ordinances of a general and permanent nature, adopted by the Borough of Jenkintown and in force on the date of the adoption of this Code, and not contained in the Code, are hereby repealed as of the effective date given in §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.
A. Any
ordinance adopted subsequent to December 28, 1978 (Ordinance No. 78-10).
B. Any
right or liability established, accrued or incurred under any legislative
provision of the Borough prior to the effective date of this Code
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
Code 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 Code
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 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.
G. Any
ordinance requiring the construction or reconstruction of sidewalks,
curbs or gutters.
H. 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.
I. Any
ordinance adopting an annual budget or establishing an annual tax
rate.
J. Any
ordinance authorizing the purchase, sale, lease or transfer of property,
or any lawful contract, obligation or agreement.
K. Any
ordinance annexing land to the Borough.
L. Any
ordinance establishing water, sewer or other special purpose districts
and designating the boundaries thereof, or providing for a system
of sewers or water supply lines.
M. Any
ordinance providing for the salaries and compensation of officers
and employees of the Borough or establishing personnel policies for
Borough employees.
N. The
levy or imposition of special assessments or charges.
O. The
dedication of property.
P. Any
ordinance amending the Zoning Map which shows the boundaries of zones
created by the Zoning Ordinance adopted June 5, 1961.
Q. Any
ordinance or resolution establishing rules and regulations for the
conduct of meetings of the Borough Council.
R. The
Articles of Incorporation of any Municipal Authority and any functions
assigned to such Authority.
S. The
Plumbing Rules and Regulations as established by the ordinance adopted
August 29, 1966, as amended.
T. The
Fire Marshal ordinance adopted December 8, 1957, as amended, on March
30, 1964 and August 28, 1967. The only portions of the Fire Marshal
ordinance which have been repealed are the amendment of March 30,
1964, and Section IV, Subdivision 1, of the original ordinance adopted
December 8, 1957.
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 legislation 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 or regulation, the provisions
of the Code shall control. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions or requirements,
the provisions of such statute, other ordinance 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 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 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 the 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 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
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 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 introduction and of the adoption
of 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. The enactment and application of this Code,
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.
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 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.
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 be subject, upon conviction,
to a fine not exceeding $300 or to imprisonment for a period not to
exceed 30 days, or both.
All provisions of the Code shall be in force and will take effect
as provided by law.