[HISTORY: Adopted by the Borough Council
of the Borough of East Petersburg as indicated in article histories.
Amendments noted where applicable.]
[Adopted 11-15-1983 by Ord. No. 152]
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 East Petersburg, County of Lancaster, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through
A127, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of East Petersburg which shall be known and is hereby designated as the "Code of the Borough of East Petersburg," 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 East Petersburg, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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, 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of East Petersburg and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in §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saving of repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: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 March 1, 1983.
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 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.
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 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; 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.
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 regulating traffic or parking within
the Borough of East Petersburg.
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.
A. Nonsubstantive grammatical changes. In compiling and
preparing the ordinances 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 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.
B. Nomenclature changes. Throughout the Code, the term
"Justice of the Peace" and "Burgess" (where a judicial function is
involved) have been changed to "District Justice." Where a judicial
function is not involved, "Burgess" has been changed to "Mayor" in
accordance with current statutory provisions.
C. General deletions.
(1) 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.
(2) Sections assigning titles to various ordinances have
been deleted as all ordinances have been given chapter or article
titles as part of the Code.
D. 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 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 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.
E. 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 of 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 be permitted
to pay the fines or costs in installments and over such periods of
time as the District Justice deems to be just.
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 resolution impose greater restrictions
or requirements, the provisions of such statute, other ordinance 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 ordinances.
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 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 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 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.
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 $300 and costs of prosecution,
collectible as provided by law, or by imprisonment for a term not
exceeding 30 days; provided, however, that if the District Justice
determines that the defendant is without financial means to pay the
fines and costs immediately or in a single remittance, such defendant
be permitted to pay the fines or costs in installments and over such
periods of time as the District Justice deems to be just.
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 Borough Council
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 November 21, 1983.
This ordinance shall be included in the Code as Chapter
1, General Provisions, Article
I.