|
[Cross References: This article cited in 346 Pa. Code § 41.8-803
(relating to initiative and referendum)].
|
A.
Council shall exercise by ordinance those powers and duties which:
1.
Establish all budgets and capital programs;
2.
Establish, levy and collect taxes and provide for the rates thereof;
3.
Establish or amend an Administrative Code;
4.
Grant, renew or extend all franchises;
5.
Authorize the borrowing of monies, including revenue anticipation
loans;
6.
Establish all zoning, subdivision, land development and building
codes and regulations;
7.
Amend or repeal ordinances previously adopted;
8.
Exercise the power of eminent domain;
9.
Provide for a fine or other penalty, or establish a rule or regulation
for the violation of which a fine or other penalty may be imposed;
10.
Authorize the construction of public capital improvements;
11.
Establish, alter or abolish rates or charges for utilities or services
supplied by the Municipality;
12.
Purchase, convey, lease or authorize the purchase and conveyance
or lease of any real property; upon such terms and conditions as Council
shall ordain;
13.
Otherwise are required by this Charter or general law to be exercised
by ordinance.
B.
All other powers and duties of the Municipality or Council may be
exercised by ordinance or resolution.
No ordinance shall contain more than one subject, which shall
be clearly expressed in its title. Any ordinance which repeals or
amends an existing ordinance shall clearly indicate the matter to
be repealed, omitted or added.
Council may adopt any standard code of technical regulations,
or parts thereof, by adopting an ordinance incorporating said standard
codes, or parts thereof, by reference. The details of such standard
codes need not be advertised, but copies of such codes shall be available
at the Municipal office for public inspection and for purchase at
a reasonable fee fixed by Council.
Except as otherwise provided in this Charter, the procedure
for enactment or adoption of ordinances shall be as follows:
A.
Introduction. A proposed ordinance may be introduced by a Council
Member at any regular or special public meeting. Such ordinance shall
be submitted to the Municipal Secretary in advance thereof who shall
place it on the agenda of the next public meeting for introduction
and first consideration. A proposed ordinance not included on the
agenda shall be introduced and given first consideration only with
the affirmative vote of at least four Council Members.
B.
Advance advertisement. If the proposed ordinance is approved by Council
upon introduction and first consideration, the Municipality shall
publish either the full text of the proposed ordinance or the title
and a brief summary of the ordinance setting forth all the provisions
of the ordinance in reasonable detail, a reference to a place within
the Municipality where copies of the proposed ordinance may be examined,
and the date, time and place when the ordinance will receive further
consideration. Said advertisement shall be published at least once
in one or more newspapers of general circulation in the Municipality
not more than 60 days nor less than seven days prior to the Council
meeting scheduled for consideration of the ordinance. If the full
text is not published, a copy of the full text of the ordinance shall
be supplied to the newspaper in which the notice is published at the
time the notice is published. If the full text is not published, a
copy of the full text of the ordinance shall be filed in the Montgomery
County Law Library at the time the notice is published. In the event
substantial amendments are made in the proposed ordinance, before
voting upon enactment, Council shall, within 10 days, readvertise
in one or more newspapers of general circulation in the Municipality
a brief summary setting forth all the provisions in reasonable detail
together with a summary of the amendments.
[Amended 11-17-2009 by Ord. No. 09-22[1]]
[1]
Editor’s Note: This amendment to the Charter was approved
by the majority of voters at the general election 11-3-2009.
C.
Adoption by Council. Provided that citizens of the Municipality have
been given the opportunity to express their views at the advertised
public meeting, Council may:
1.
Adopt the ordinance as proposed;
2.
Postpone action until a later meeting; or,
3.
Amend a proposed ordinance before final adoption.
|
If there is a postponement and no announcement made thereat of a later date, time and place when the ordinance will receive further consideration or if an amendment makes any change in the substance of the ordinance as originally advertised, then no final action may be taken until the ordinance has again been advertised in accordance with Subsection B of this Charter. Final adoption of an ordinance except as otherwise provided in this Charter, shall require the affirmative vote of at least four Council Members.
|
[Amended 11-17-2009 by Ord. No. 09-22[1]]
Except as specifically provided otherwise in this Charter, an
ordinance shall take effect five days after its legal enactment, unless
a date later than five days is stated in the ordinance.
[1]
Editor’s Note: This amendment to the Charter was approved
by the majority of voters at the general election 11-3-2009.
[1]
Editor’s Note: Former Charter § 41.4-406,
Publication, was deleted and designated “(Reserved)” 11-17-2009
by Ord. No. 09-22, which amendment was approved by the majority of
voters at the general election 11-3-2009.
The Municipal Secretary shall cause the full text of any ordinance,
with proof of publication, to be recorded in a permanent record book
within 31 days after its final adoption. The permanent record book
shall be open and available for public inspection throughout normal
Municipal office hours.
Within one year after the effective date of this Charter, Council
shall provide for the preparation of a general codification of all
Municipality ordinances having the force and effect of law. The general
codification shall be adopted by Council or by ordinance and shall
be published promptly in loose leaf form, together with this Charter
and the Administrative Code required by this Charter. The compilation
shall be known and cited as "The General Laws of Norristown" and copies
shall be furnished to Council Members, Municipal officers, libraries
in Norristown and the Municipal office for free public reference,
and shall be made available for purchase by the public at a reasonable
price fixed by Council. All amendments to the "general laws of Norristown"
and new ordinances, shall be integrated in said compilation and distributed
as aforesaid.
A.
Notwithstanding any other provisions of this article of this Charter,
Council may, in the event of a substantial public emergency affecting
the life, health, property, and peace of the citizens of Norristown,
adopt one or more emergency ordinances; provided, however, that emergency
ordinances shall not levy taxes.
B.
Emergency ordinances shall be introduced in the form required and
shall be so designated and shall clearly state the nature of the emergency
in specific terms. No prior publication of an emergency ordinance
shall be required.
C.
An emergency ordinance shall require the affirmative vote of at least
five Council Members. In the event it is impossible for the total
membership to be present, an emergency ordinance may be adopted by
the majority vote of the Council Members present, provided four Council
Members are present.
D.
An emergency ordinance shall take effect immediately at any public
meeting at which it is adopted.
E.
An emergency ordinance shall automatically be repealed on the 31st
day following the date of its adoption, but may be re-enacted as provided
herein if the emergency still exists. An emergency ordinance may also
be repealed by the adoption of a repealing ordinance in the manner
set forth herein.
F.
An emergency ordinance shall be advertised as soon as possible after
it is adopted.
|
[Cross References: This section cited in 346 Pa. Code § 41.7-710
(relating to budget amendment).]
|
Council shall, by ordinance, adopt an Administrative Code which
shall provide for the following:
1.
The Municipal executive and administrative organization and procedures,
consistent with the provisions of this Charter;
2.
A continual census of the population of the Municipality;
3.
All other procedures, rules, regulations and provisions required
by this Charter to appear in the Administrative Code.
