[Adopted 12-2-1975 by Ord. No. 254]
This ordinance, consisting of Parts 1 through 14, each inclusive, is hereby enacted as the Code of Ordinances, Borough of Malvern, Pennsylvania and shall be treated and considered as a new and original comprehensive ordinance of the Borough which shall supersede all other general and permanent ordinances enacted by the Council prior to October 15, 1975, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose, and except for Ordinance No. 157, enacted April 10, 1962, as amended, and known as the "Zoning Ordinance Borough of Malvern," and except for Ordinance No. 209, enacted May 1, 1973, as amended, and known as "Subdivision and Land Development Regulations," which are not readopted by this ordinance, but which are incorporated in this Code by reference.
All provisions of the Code shall be in full force and effect 30 days from the date this ordinance becomes law, and all ordinances of a general and permanent nature of the Borough enacted on final passage on or before October 14, 1975, and not in such Code or recognized and continued in force by reference therein and which are in conflict therewith are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. No resolution of the Borough not specifically mentioned is hereby repealed. The ordinances and resolutions and/or sections thereof enumerated and identified by subject and date of enactment in Appendix XXI of such Code are hereby specifically repealed.[1]
[1]
Editor's Note: Original Appendix XXI of the 1975 Code of Ordinances has not been included in the 2004 Code, as it is superseded by the new Code Adoption Ordinance. See Art. IV, Adoption of Renumbered 2004 Code, of this chapter.
The repeal provided for in § 1-11 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the Borough or authorizing the issuance of any bonds of the Borough or any evidence of the Borough's indebtedness or any contract or obligation assumed by the Borough; nor shall such repeal affect the administrative regulations or resolutions of the Council not in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect any right or franchise granted by any ordinance or resolution of the Council to any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the Borough; nor shall such repeal affect the annual Appropriation Ordinance; nor shall such repeal affect any ordinance levying or imposing taxes; nor shall such repeal affect any ordinance establishing and prescribing the grades of any street in the Borough; nor shall such repeal affect any ordinance providing for local improvements and assessing taxes therefor; nor shall such repeal affect any ordinance dedicating or accepting any plat or subdivision in the Borough; nor shall such repeal affect any ordinance providing for the acquisition of lands for use as public parks; nor shall such repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
Any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, Borough of Malvern, Pennsylvania" shall be understood and intended to include such additions and amendments.
A copy of such Code shall be kept on file in the office of the Borough Secretary preserved in loose-leaf form or in such other form as the Secretary may consider most expedient. It shall be the express duty of the Borough Secretary or someone authorized by him to insert in their designated places all amendments to ordinances which indicate the intention of the Council to make the same a part of such Code when the same have been printed or reprinted in page form and to extract from such Code all provisions which may be from time to time repealed by the Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinances of the Borough of Malvern and shall be so certified by the Borough Secretary.
In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in § 1-9 of such Code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended unless such penalty is specifically repealed therein.
It shall be unlawful for any person, firm or corporation in the Borough to change or amend by additions or deletions any part or portion of such Code or to insert or delete pages or portions thereof or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Borough of Malvern to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in § 1-9 of the Code of Ordinances, Borough of Malvern, Pennsylvania.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed on the effective date of this ordinance.