[HISTORY: Adopted by the Board of Supervisors of the Township
of Towamencin as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-28-1988 by Ord. No. 88-15]
The codification of a complete body of ordinances for the Township of Towamencin, County of Montgomery, Commonwealth of Pennsylvania, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., consisting of Chapters
1 through
153, together with an Appendix and Index, is hereby approved, adopted, ordained and enacted as the "Code of the Township of Towamencin," hereinafter known and referred to as the "Code," pursuant to § 702, cl. XLI.1, of the Second Class Township Code, 53 P.S. § 65741.1.
All provisions of the Code shall be in full force and effect
on and after December 28, 1988.
All ordinances or parts of ordinances of a general and permanent
nature, adopted by the Township of Towamencin and in force from the
date of the adoption of this ordinance and not contained in here,
are hereby reenacted as of the effective date of this ordinance as
consistent herewith and in addition to those set forth below.
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:
A. Any
ordinance adopted subsequent to December 30, 1987, of a general and
permanent nature and not included in the Code or superseded or repealed
by provisions therein or inconsistent therewith.
B. Any
right or liability established, accrued or incurred under any legislative
provision of the Township prior to the effective date of this ordinance,
or any action or proceeding brought for the enforcement of such right
or liability.
C. Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Township,
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 Township.
E.
Any franchise, license, right, easement or privilege heretofore
granted or conferred by the Township.
F. Any
ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing of grade, changing of name,
improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place.
G. 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 Township, or other instruments
or evidence of the Township's indebtedness.
H. Any
ordinance authorizing the purchase, sale, lease or transfer of property,
or any lawful contract or obligation.
I. Any
ordinance annexing land to the Township.
J. Any
ordinance designating the boundaries of water districts.
K. The
levy or imposition of special assessments or charges.
L. The
dedication of property.
M. Any
ordinance or resolution establishing the salaries or rates of compensation
of any officers or employees of the Township.
N. Ordinance
No. 6, Zoning, adopted April 7, 1956, and any currently effective
amendment to or revision of such ordinance.
O. Ordinance
No. 7, Subdivision of Land, adopted November 5, 1956, and any currently
effective amendment to or revision of such ordinance.
P. Ordinance
No. 82-8, adopted November 11, 1982, providing for the removal of
snow from the streets of subdivisions or land developments under construction.
All ordinances of a general and permanent nature adopted subsequent to the date given in §
1-4A and/or 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. In
compiling and preparing the ordinances of the Township of Towamencin
for adoption and revision as part of the Code, certain grammatical
changes and other minor changes were made in one or more of said ordinances.
It is the intention of the Supervisors 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. Certain
changes of a substantive nature were made to various ordinances found
within the Code, and certain articles or chapters have been included
as complete revisions of existing ordinances or as additions of new
provisions. These changes, additions or revisions were made to bring
the provisions into conformity with the desired policies of the Township
Supervisors, and it is the intent of the Supervisors that all such
changes, additions or revisions be adopted as part of the Code as
if the ordinances so changed had been previously formally amended
or added to read as such. Such changes, additions or revisions are
cited within the historical statements by the term "amended at time
of adoption of Code" or "adopted at time of adoption of Code" and
are as follows.
C. The
following sections are amended to provide, in substance, that any
person violating the provisions of the chapter or article involved
shall, upon conviction thereof, be punishable for each offense by
a fine of not more than $300 and costs of prosecution or, upon default
in payment of the fine and costs, by imprisonment in the Montgomery
County Prison for not more than 30 days.
D. The following sections are amended as in §
1-6C above with the addition of a provision that a separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues, and any repetition of a violation shall be deemed a new offense.
A copy of the Code in a post-bound volume has been filed in
the office of the Township Secretary and shall remain there for use
and examination by the public until final action is taken on this
ordinance; and if this ordinance shall be adopted, such copy shall
be certified to by the Township Secretary, as provided by law, and
such certified copy shall remain on file in the office of the Township
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 Supervisors 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 Township Secretary, or someone authorized
and directed by the Secretary, to keep up-to-date the certified copy
of the book containing the Code required to be filed in the office
of the Secretary for the use of the public. All changes in said Code
and all ordinances adopted by the Township Supervisors subsequent
to the effective date of this codification which the Supervisors 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.
Copies of the book containing the Code may be purchased from
the Township Secretary upon the payment of a fee to be set by resolution
of the Supervisors which may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
The Township Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the adoption of this ordinance
adopting the Code in a newspaper of general circulation in the Township.
The enactment and application of this ordinance adopting the Code,
coupled with 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 a 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 parts thereof.
Each section of this ordinance is an independent 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 parts thereof.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code, or to
alter or tamper with such Code in any manner whatsoever which will
cause the law of the Township 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 upon
default in payment of the fine and costs, to imprisonment in the county
jail for not more than 30 days.
[Adopted 9-24-2003 by Ord. No. 03-05]
The Towamencin Township Code of Ordinances ("Code") shall be
recodified and renumbered as set forth in the Table of Contents attached
hereto as Exhibit A. Further, all subsections not shown in Exhibit A shall
be renumbered in accordance with the numbering system set forth in
Exhibit A. There shall be no substantive changes to any portion of
the Code by the adoption of this ordinance.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this ordinance
is for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality, or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts of this ordinance. It is hereby declared as the intent of
the Township that this ordinance would have been adopted had such
unconstitutional, illegal, or invalid sentence, clause, section or
part thereof not been included herein.
This ordinance shall become effective immediately.