[Adopted 6-11-1979 by Ord. No. 339]
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 Port Allegany, County of McKean, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through
100, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Port Allegany, which shall be known and is hereby designated as the "Code of the Borough of Port Allegany," 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 Port Allegany, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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of Port Allegany and in force on the date of the adoption of this Code and not contained in the Code, are hereby repealed as of the effective date given in §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from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: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 December 1977.
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 and any ordinance providing for health benefits or social
security benefits for borough employees.
P. Any
ordinance pertaining to peddling, soliciting or itinerant vendors.
Q. The
currently effective ordinances establishing the real property tax
rate in the borough.
R. Ordinance
No. 259, adopted July 3, 1961, an ordinance providing for mutual aid
agreement at fires.
S. Ordinance
No. 164, adopted November 3, 1930, relating to the Firemen's
Relief Association.
T. Rules
and regulations concerning the furnishing of water and water service
in the borough.
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 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.
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
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 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.
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 June 11, 1979.
This ordinance shall be included in the Code as Chapter
1, General Provisions, Article
I.