[HISTORY: Adopted by the Borough Council of the Borough of
Ligonier as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-12-1989 by Ord. No. 438]
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 Ligonier, County of Westmoreland, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp. and consisting of Chapters 1 through 152, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Ligonier, which shall be known and is hereby designated as the "Code of the Borough of Ligonier," 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 Borough Council of the Borough of Ligonier, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date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the Borough of Ligonier and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.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from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: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 April 14, 1988.
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 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; 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 vehicles and traffic.
Q.
Any
ordinance concerning changes and amendments to the Zoning Map.
R.
Any
ordinance establishing or amending retirement benefits.
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 Borough 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.
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.
C.
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 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 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]
[1]
Editor's Note: Pursuant to § 1-6C, the following sections were added or amended: §§ 11-2, 11-7H, 21-2B(13), 25-15A, 25-20A, 31-1, 31-3, 44-1, 44-2D, 44-3, 46-6, 73-1, 73-2B, 73-3, 84-1, 84-2B, 84-4, 84-5, 84-6, 84-7, 84-8, 86-2A, 86-4B, 86-7A, B and D, 86-8A, B and C, 86-9, 86-10, 86-11, 86-12, 86-13, 86-14A, B and C, 86-15, 86-16A and E, 86-17A, 86-20, 86-22A(4), 94-5B, 94-6A, 94-9C, 94-9D, 94-9F, 105-5, 105-9, 105-13A(5)(c), 105-15A, B, C(3), D, F(1) and G, 105-17A, B and E, 104-24B, 105-27G, 105-30, 105-33A(1), 112-5A, 116-2, 116-3, 122-4, 128-6B, 128-11B, 131-5B, 135-2, 135-5, 135-19, 135-23, 135-26, 139-9, 139-13, 139-14, 139-15, 139-16A and C, 139-18A, B and C, 139-19B, 139-24A, 139-34, 139-35, 139-37, 139-44, 139-49, 139-51, 139-55 and 139-57. The following original sections were deleted: Section 4 of Ord. No. 354, Section 22 of Ord. No. 384, Section 4.5 of Ord. No. 352, Section 4 of Ord. No. 305, Section 801(A)(3) of Ord. No. 333A and Section XI of Ord. No. 361. A complete description of these changes is on file in the office of the Borough Secretary.
D.
Revision
of penalty provisions. The following sections are hereby amended or
added to provide for penalties, upon conviction, of a fine of not
more than $300, plus costs of prosecution, and, in default of payment,
imprisonment for a term not exceeding 30 days. Also the terms "Justice
of Peace" and "Magistrate" or similar terms shall be changed to read
"District Justice,"[2] wherever they appear in these sections.[3]
[2]
Editor's Note: In conjunction with the 2009 republication
of the Code, the term "District Justice" has been updated to read
"Magisterial District Judge" in accordance with statutory revisions.
E.
New
ordinances. Certain new ordinances were approved by the Borough Council
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 their adoption and in conjunction
with the adoption of this Code. Such ordinances are cited within the
historical statements for individual chapters or articles by the phrase
"adopted at time of adoption of Code" and are as follows:[4]
(2)
Chapter 58, Building Permits.
[4]
Editor's Note: These new ordinances were adopted 1-12-1989, as follows: Ch. 51 by Ord. No. 438B; Ch. 58 by Ord. No. 438A; Ch. 63 by Ord. No. 438C; Ch. 73, Art. II, by Ord. No. 438D; and Ch. 116, Art. II, by Ord. No 438E; and history statements have been updated to reflect such date and ordinance number.
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.
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/Treasurer
and shall remain there for use and examination by the public. Upon
adoption, such copies shall be certified to by the Borough Secretary/Treasurer,
as provided by law, and such certified copies shall remain on file
in the office of the Borough Secretary/Treasurer, 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/Treasurer, 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/Treasurer for the use
of the public. All changes in said Code and all ordinances 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 are printed as supplements to
said Code books, at which time such supplements shall be inserted
therein.
The Borough Secretary/Treasurer, 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 liable to the maximum penalty provided by law.
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 January 12, 1989.
