[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 4-4-1977 by Ord. No. 2-77]
Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of ordinances for the Borough of Pennsburg, 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 110, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Pennsburg, which shall be known and is hereby designated as the "Code of the Borough of Pennsburg," hereinafter referred to as the "Code."
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 Council of the Borough of Pennsburg, and it is the intention of said 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions shall be deemed to be enacted from the effective date of this Code, as provided in § 1-6 below.
All ordinances or parts of ordinances of a general and permanent nature, adopted by the Borough of Pennsburg and in force on the date of the adoption of this Code, and not contained in the Code, are hereby repealed as of the effective date given in § 1-6 below, except as hereinafter provided.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:
Any ordinance adopted subsequent to May 3, 1976 (Ordinance No. 2-76).
Any right or liability established, accrued or incurred under any legislative provision of the borough prior to the effective date of this Code or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this Code in violation of any legislative provision of the borough 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 Code brought pursuant to any legislative provision of the borough.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the borough.
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.
Any ordinance requiring the construction or reconstruction of sidewalks, curbs or gutters.
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 borough, or other instruments or evidence of the borough's indebtedness.
Any ordinance providing for the imposition of an occupational tax.
Any ordinance adopting an annual budget or establishing an annual tax rate or tax reenactment.
Any ordinance authorizing the purchase, sale, lease or transfer of property, or any lawful contract, obligation or agreement.
Any ordinance annexing land to the borough.
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.
Any ordinance providing for the salaries and compensation of officers and employees of the borough, or establishing personnel policies for borough employees.
The levy or imposition of special assessments or charges.
The dedication of property.
Any ordinance amending the Zoning Map which shows the boundaries of zones created by the Zoning Ordinance adopted 8-5-1968.
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.
In compiling and preparing the ordinances of the borough for adoption and revision as part of the Code, certain grammatical changes and other minor nonsubstantive 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 Code as if the ordinances so changed had been previously formally amended to read as such.
Certain changes and revisions of a substantive nature were made to various ordinances included within the Code during the process of codification. These changes were made to bring the 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 Code as if the ordinances so changed had 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 § 1-16. Such changes and revisions are cited within the historical statements of individual chapters by the phrase ". . . amended (or added) at time of adoption of Code. . ." An enumeration and description of all substantive changes and revisions made in previously adopted ordinances during codification is as follows:
Editor's Note: Pursuant to the provisions of § 1-6B, the following sections were amended: §§ 39-2, 44-9, 48-3, 51-7, 54-3, 60-5, 70-6, 75-180, 78-8, 82-10, 86-16A, 92-2, 95-21, 100-14, 100-30 and 110-123. Ch. 104, Art. V, and Chs. 57, 67 and 89 were added at time of adoption of Code.
An enumeration and description of all substantive changes and revisions made during codification is on file in the office of the Borough Secretary.
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 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 the 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 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 the 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 adopted by the Council subsequent to the effective date of this codification which the Council 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.
Copies of the book containing the Code may be purchased from the Borough Secretary upon the payment of a fee to be set by resolution of the Council, which may also arrange for procedures for the periodic supplementation thereof.
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. Sufficient copies of the Code shall be maintained in the office of the Borough Secretary for inspection by the public at all times during regular office hours. 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.
Each section of the Code and every part of each section, is an independent section or part of a section, and the holding of any section, or part thereof, to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or part thereof.
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 be subject, upon conviction, to a fine of not more than $300, and costs of prosecution, and in default of payment of such fine and costs, to imprisonment for not more than 30 days.
All provisions of the Code shall be in force and effect on and after April 4, 1977.