[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-18-1982 by Ord. No. 425]
Pursuant to Section 702, Clause XLI.1 (53 P.S. § 65741.1) of the Second Class Township Code, the codification of a complete body of ordinances for the Township of Whitemarsh, 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 A121, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Whitemarsh, which shall be known and is hereby designated as the "Code of the Township of Whitemarsh," hereinafter referred to as the "Code."
Editor's Note: See now 53 P.S. § 66601.
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 Board of Supervisors of the Township of Whitemarsh, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of Whitemarsh and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.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; 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 March 6, 1980.
Any right or liability established, accrued or incurred under any legislative provision of the Township 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 the Township 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 the Township.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township or any lawful contract, obligation or agreement.
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 Township, or other instruments or evidence of the Township'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 the Township.
Any ordinance providing for requiring the construction or reconstruction 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; or 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 the Township or setting the bond of any officer or employee.
Any ordinance regulating traffic or parking within the Township of Whitemarsh.
Any ordinance concerning zoning and the Zoning Map, and all amendments thereto.
Any ordinance concerning subdivision of land.
Any ordinance concerning fees and charges.
Any ordinance concerning mobile home parks and all amendments thereto, particularly Ordinance No. 373, adopted 9-27-1979, concerning a mobile home park district.
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.
Nonsubstantive grammatical changes. In compiling and preparing the ordinances of the Township for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
Nomenclature changes. Throughout the Code, the term "Justice of the Peace" (and "Burgess," where a judicial function is involved) has been changed to "District Justice."
Sections pertaining to severability, effective dates and repeals have been deleted, since such provisions are included in this ordinance or are of no further effect.
Sections assigning titles to various ordinances have been deleted, as all ordinances have been given chapter or article titles as part of the Code.
Substantive changes and revisions. In addition to the changes and revisions described above, the following changes and revisions of a substantive nature are hereby made to various ordinances included in the Code. These changes are made to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances so changed have been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15.
Editor's Note: Pursuant to § 1-6D, the following sections have been added or amended. A complete description of these changes is on file in the office of the Township Secretary. §§ 24-7, 24-17A, 24-21, 24-23, 30-2, 39-14, 48-7, 53-1, 53-3, 58-6, 66-2, 85-2, 93-2B, 95-20A, 107-3C, D and E, 107-14, 107-44, 107-56 and 109-4B.
Standardization of penalty provisions. The penalty provisions in the following sections of individual ordinances prescribing penalties for violations are revised to provide for a maximum fine of $300 plus costs of prosecution and, in default of payment of such costs and prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
Editor's Note: Pursuant to § 1-6E, the following penalty sections have been standardized. A complete description of these changes is on file in the office of the Township Secretary. §§ 39-10, 39-16, 48-8, 53-4, 53-8, 58-15C, 62-7, 66-9, 76-7, 80-2A, 83-2, 85-5, 93-3, 103-13, 103-19, 103-26, 107-13, 109-5 and 114-5.
New ordinances. Certain new ordinances were approved by the Board of Supervisors during the process of codification to replace previously adopted ordinances deemed obsolete and/or inadequate or to provide regulation and control on new subject matters. These new ordinances are described in the notice published in conjunction with the adoption of this Code and shall take effect as of the effective date of the Code specified in § 1-15. Such ordinances are cited within the historical statements for individual chapters by the phrase "adopted during codification" and are as follows:
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.
Chapter and article titles, headings and titles of sections and other divisions in the Code, or in supplements made to the Code, are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the ordinances.
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 supplements to the Code for the convenience of persons using the Code and are not part of the ordinances.
Three copies 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 copies shall be certified to by the Township Secretary, as provided by law, and such certified 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 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 ordinances 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 ordinances are printed as supplements to said Code book, 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 and of the adoption 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 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.
[Amended 12-8-1988 by Ord. No. 565]
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. Anyone violating this section of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding $600 or by imprisonment for a term not exceeding 30 days.
The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, article 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 or part thereof rendered. 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 or part thereof had not been included therein.
All provisions of this ordinance and of the Code shall be in force and effect on and after March 18, 1982.