[HISTORY: Adopted by the Municipal Council of the Municipality of Norristown as indicated in article histories.. Amendments noted where applicable.]
[Adopted 2-6-2007 by Ord. No. 07-02]
Editor's Note: This ordinance also superseded former Art. I, Adoption of Code, adopted 9-1-1992 by Ord. No. 92-19.
Pursuant to 53 P.S. § 1-101 et seq., the codification of a complete body of ordinances and resolutions for the Municipality of Norristown, County of Montgomery, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 324, is hereby approved, adopted, ordained and enacted as a single ordinance of Norristown which shall be known and is hereby designated as the "General Laws of Norristown," hereinafter referred to as the "General Laws."
The provisions of these General Laws, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions 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 Council of Norristown, and it is the intention of said Council that each such provision contained within the General Laws is hereby reenacted and reaffirmed as it appears in said General Laws. Only such provisions of former ordinances as are omitted from these General Laws shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date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 these General Laws, as provided in § 1-15 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by Norristown and in force on the date of the adoption of these General Laws and not contained in the General Laws are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.
The adoption of these General Laws 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:
Any ordinance adopted subsequent to October 15, 2006.
Any right or liability established, accrued or incurred under any legislative provision of Norristown 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.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of Norristown or any penalty, punishment or forfeiture which may result therefrom.
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 Norristown.
Any franchise, license, right, easement or privilege heretofore granted or conferred by Norristown or any lawful contract, obligation or agreement.
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of Norristown or other instruments or evidence of Norristown' s indebtedness.
Any ordinance adopting an annual budget or establishing an annual tax rate.
Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.
Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.
Any ordinance annexing land to Norristown.
Any ordinance providing for requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.
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.
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.
Any ordinance providing for the making of public improvements.
Any ordinance providing for the salaries and compensation of officers and employees of Norristown or setting the bond of any officer or employee.
Any ordinance concerning changes and amendments to the Zoning Map.
Any ordinance regulating traffic or parking.
Any ordinance concerning fees and charges.
All ordinances and resolutions 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 General Laws and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the General Laws until printed supplements are included.
In compiling and preparing the ordinances of Norristown for adoption and revision as part of the General Laws, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances. It is the intention of the Council that all such changes be adopted as part of the General Laws as if the ordinances so changed had been previously formally amended to read as such.
In addition to the changes and revisions described above, certain changes and revisions of a substantive nature are hereby made to various ordinances included in the General Laws. These changes are made to bring provisions into conformity with the desired policies of the Council, and it is the intent of the Council that all such changes be adopted as part of the General Laws as if the ordinances so changed have been previously formally amended to read as such, and said changes and revisions are hereby adopted by reference as if set forth herein in full. Copies of the General Laws including such changes are on file in the office of the Municipal Administrator/Secretary as provided in § 1-9 of this ordinance. All such changes and revisions shall be deemed to be in effect as of the effective date of the General Laws specified in § 1-15.
In interpreting and applying the provisions of the General Laws, 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 General Laws impose greater restrictions or requirements than those of any statute, other ordinance or regulation, the provisions of the General Laws shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such other ordinance or regulation shall control.
Chapter and article titles, headings and titles of sections and other divisions in the General Laws or in supplements made to the General Laws are inserted in the General Laws and may be inserted in supplements to the General Laws for the convenience of persons using the General Laws and are not part of the legislation.
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the General Laws are inserted in the General Laws and may be inserted in supplements to the General Laws for the convenience of persons using the General Laws and are not part of the legislation.
Three copies of the General Laws in a post-bound volume shall be filed with the Ordinance Book in the office of the Municipal Administrator/Secretary and shall remain there for use and examination by the public. Upon adoption, such copies shall be certified to by the Municipal Administrator/Secretary, as provided by law, and such certified copies shall remain on file in the office of the Municipal Administrator/Secretary, available to persons desiring to examine the same during all times while said General Laws are in effect.
Any and all additions, deletions, amendments or supplements to the General Laws, when passed and adopted in such form as to indicate the intention of the Council to be a part thereof, shall be deemed to be incorporated into such General Laws so that reference to the General Laws shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to the General Laws shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing said General Laws as amendments and supplements thereto.
It shall be the duty of the Municipal Administrator/Secretary or someone authorized and directed by him or her to keep up-to-date the certified copies of the book containing the General Laws required to be filed in the office of the Municipal Administrator/Secretary for the use of the public. All changes in said General Laws and all ordinances adopted by the Council subsequent to the effective date of this codification which the Council shall adopt specifically as part of the General Laws shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said books containing the General Laws, at which time such supplements shall be inserted therein.
The Municipal Administrator/Secretary, pursuant to law, shall cause to be published in the manner required a notice of the introduction and of the adoption of the General Laws in a newspaper of general circulation in Norristown. 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 copies of the General Laws for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the General Laws 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 General Laws or any part or portion thereof, in any manner whatsoever, which will cause the laws of Norristown to be misrepresented thereby. Anyone violating this section of this ordinance shall, upon conviction thereof, be liable to the maximum penalty provided by law.
The provisions of this ordinance and of the General Laws 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. It is hereby declared to be the intent of the Council that this ordinance and the General Laws 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 General Laws shall be in force and effect upon approval by Municipal Council and as provided by the Charter of the Municipality of Norristown.