[Adopted 9-10-2007 by Ord. No. 135]
Pursuant to Section 1601(d) [53 P.S. § 66601(d)] of the Second Class Township Code, the codification of a complete body of legislation for the Township of North Coventry, County of Chester, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters
1 through
370, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of North Coventry, which shall be known and is hereby designated as the “Code of the Township of North Coventry,” hereinafter referred to as the “Code.”
The provisions of this Code, 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 or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of North Coventry, and it is the intention of said Board of Supervisors 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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, as described in §
1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in §
1-15 below. Notwithstanding anything in this ordinance to the contrary, it is the intention to codify existing ordinances without making substantive changes; and if any provisions were inadvertently omitted or added, as the case may be, the provision or provisions mistakenly added shall be deemed void and of no effect, and the provision or provisions mistakenly omitted shall be incorporated and made a part hereof as though fully set forth in this codification and given full force and effect thereto.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of North Coventry and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in §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.
All ordinances of a general and permanent nature adopted subsequent to the date given in §
1-4A(1) 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 ordinances 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, resolution or regulation, the provisions of the Code shall
control. Where the provisions of any statute, other ordinance, resolution
or regulation impose greater restrictions or requirements, the provisions
of such statute, other ordinance, resolution or regulation shall control.
At least one copy of the Code in a post-bound volume shall be filed
with the Ordinance Book in the office of the Township Secretary and shall
remain there for use and examination by the public. Upon adoption, such copy
or copies shall be certified to by the Township Secretary, as provided by
law, and such certified copy or copies shall remain on file in the office
of the Township 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 Board
of Supervisors 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 Township Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copy or copies
of the book containing the Code required to be filed in the office of the
Township Secretary for the use of the public. All changes in said Code and
all legislation adopted by the Board of Supervisors subsequent to the effective
date of this codification which the Board of Supervisors shall adopt specifically
as part of the Code shall, when finally adopted, be included therein by reference
until such changes or new legislation are printed as supplements to said Code
books, at which time such supplements shall be inserted therein.
The Township Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction of the Code in a newspaper
of general circulation in the Township. The enactment and application of this
ordinance, coupled with the publication of the notice of introduction, the
availability of a copy or copies of the Code for inspection by the public
and the filing of an attested copy of this ordinance with the county, as required
by law, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code 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 Code or any part or portion thereof,
in any manner whatsoever, which will cause the law of the Township to be misrepresented
thereby. Any person who violates or permits a violation of this section of
this ordinance, upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this chapter.
No judgment shall be imposed until the date of the determination of the violation
by the District Justice and/or Court. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of the Township
are hereby authorized to seek equitable relief, including injunction, to enforce
compliance herewith.
The provisions of this ordinance and of the Code 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 Board of Supervisors that this
ordinance and the Code would have been adopted if such illegal, invalid or
unconstitutional clause, sentence, subsection, section, article, chapter or
part thereof had not been included therein.
This ordinance shall become effective five days after adoption.