[HISTORY: Adopted by the Borough Council of the Borough of Aldan
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-11-1998 by Ord. No. 470]
Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of ordinances and resolutions for the Borough of Aldan, County of Delaware, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 256, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Aldan, which shall be known and is hereby designated as the "Code of the Borough of Aldan," hereinafter referred to as the "Code." The Code shall also include the Aldan Borough Civil Service Ordinance (Ordinance 449), which General Code Publishers Corporation shall include in the text of the Code as soon as practicable following enactment of this ordinance.[1]
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 Borough Council of the Borough of Aldan, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date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by the Borough of Aldan and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.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:
A.
Any ordinance adopted subsequent to 3-12-1997.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the borough 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.
C.
Any offense or act committed or done before the effective
date of this ordinance 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 ordinance,
brought pursuant to any legislative provision of the borough.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the borough or any lawful contract, obligation
or agreement.
F.
Any ordinance 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.
G.
Any ordinance adopting an annual budget or establishing
an annual tax rate.
H.
Any ordinance providing for the levy, imposition or collection
of special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease or
transfer of property or acquiring property by acceptance of deed, condemnation
or exercise of eminent domain.
J.
Any ordinance annexing land to the borough.
K.
Any ordinance providing for or requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L.
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.
M.
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.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation
of officers and employees of the borough or setting the bond of any officer
or employee.
P.
Any ordinance concerning changes and amendments to the
Zoning Map.
Q.
Any ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
R.
Any ordinances or resolutions regarding traffic and parking.
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 Code and shall, upon being printed, be included therein. Attested copies of all such ordinances and resolutions shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances and resolutions of the borough 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 Borough
Council that all such changes be adopted as part of the Code as if the ordinances
and resolutions so changed had been previously formally amended to read as
such.
B.
Substantive changes and revisions. In addition to the
changes and revisions described above, the changes and revisions of a substantive
nature as set forth in Schedule A[1] attached hereto and made a part hereof are hereby made to various ordinances and resolutions included in the Code. These changes are made to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the ordinances and resolutions 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.
[1]
Editor's Note: In accordance with § 1-6B, the chapters and sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Article. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "amended (added, deleted) 2-11-1998 by Ord. No. 470." Schedule A, which contains a complete description of all changes, is on file in the borough offices.
C.
Nomenclature changes. The following changes have been
made throughout the Code:
(1)
"Justice of the Peace" and "District Magistrate" are
hereby amended to read "District Justice."
(2)
"Burgess" is hereby amended to read "Mayor."
(3)
"Department of Environmental Resources" is hereby amended
to read "Department of Environmental Protection."
(4)
"Department of Community Affairs" is hereby amended to
read "Department of Community and Economic Development."
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.
A.
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 legislation.
B.
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 legislation.
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 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 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
and resolutions 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 or resolutions are printed as supplements
to said Code books, at which time such supplements shall be inserted therein.
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. 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.
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, upon conviction
thereof, be punished by a fine not exceeding $600, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not exceeding
30 days.
The provisions of this ordinance and 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. It is hereby declared to be the intent of the Borough
Council 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.
All provisions of this ordinance and of the Code shall be in force and
effect on and after February 11, 1998.
