Township of Manheim, PA General Provisions

[Adopted 12-27-1976 by Ord. No. 1976-12 (Part 1, Ch. 1, Secs. 1-1002 and 1-1008, of the 1976 Code of Ordinances); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 1-1 Rules of construction.

In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Commissioners:

Commonwealth. The words "the commonwealth" shall be construed to mean the Commonwealth of Pennsylvania.

County. The words "the county" or "this county" shall mean Lancaster County, Pennsylvania.

Township. The words "the Township" or "this Township" shall mean the Township of Manheim, Pennsylvania.

Municipality. The words "the municipality" or "this municipality" shall mean the Township of Manheim, Pennsylvania.

Commissioners. Whenever the word "Commissioners" is used, it shall mean the Board of Commissioners of Manheim Township.

Other officials or officers. Whenever reference is made to officers, agencies or departments by title only, i.e., "Manager-Secretary," "Treasurer," "Solicitor," "Engineer," "Tax Collector," "Tax Receiver," etc., it shall mean the officers, agencies, or departments of the Township of Manheim.

Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations, as well as to males.

Number. Words used in the singular include the plural, and the plural includes the singular number.

Limits. The word "limits" shall mean the corporate limits or legal boundary of the Township of Manheim.

Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the Township of Manheim" were added.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and, in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Or; and. "Or" may be read "and" and "and" may be read "or" if the sense requires it.

Person. The word "person" may extend and be applied to associations, organizations, clubs, societies, firms, partnerships, corporations, and bodies politic and corporate, or any combination thereof, as well as to individuals.

Individual. The word "individual" shall mean any natural person, male or female.

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and all other public streets and ways in the Township and shall embrace all parts thereof constituting the designated right-of-way. The word "street" shall also be construed to embrace highways as used and referred to in the Vehicle Code.[1]

[1]

Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

§ 1-2 General penalty.

Whenever, in this Code or in any ordinance of the Township, any act is prohibited or is made or declared to be unlawful or the doing of any act is required and the failure to do so is declared to be unlawful, such action or failure to act, as the case may be, shall constitute a violation of this Code or of the pertinent ordinance. Except as otherwise provided by statute, any person violating any Township ordinance regulating building, housing, property maintenance, health, fire or public safety or water, air and noise pollution violations shall be punishable by a maximum fine of $1,000, and any person violating any other Township ordinance shall be punishable by a fine not exceeding $600, which fines and penalties may be collected by suit brought in the name of the Township before any Magisterial District Judge, in like manner as debts of like amount may be sued for by existing laws.

Article II Adoption of Code

[Adopted 2-25-2013 by Ord. No. 2013-06]

§ 1-3 Approval, adoption and enactment of Code.

Pursuant to Section 1502, Clause I, II (53 P.S. § 56502) of the First Class Township Code, the codification of a complete body of legislation for the Township of Manheim, County of Lancaster, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 510, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Manheim, which shall be known and is hereby designated as the "Code of the Township of Manheim," hereinafter referred to as the "Code."

§ 1-4 Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of the 1976 Code and the ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Commissioners of the Township of Manheim, and it is the intention of said Board of Commissioners 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 § 1-5 below, and only new or changed provisions, as described in § 1-8 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-18 below.

§ 1-5 Inconsistent legislation repealed.

Except as provided in § 1-6, Legislation saved from repeal; matters not affected by repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-18; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of Manheim which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-6 Legislation saved from repeal; matters not affected by repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-5 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 § 1-5 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:

Any ordinance adopted subsequent to 9-10-2012.

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 or any cause of action acquired or existing.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township or any lawful contract, obligation or agreement.

Any ordinance 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.

Any ordinance adopting an annual budget or establishing an annual tax rate.

Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.

Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.

Any ordinance annexing land to the Township.

Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.

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.

Any ordinance establishing water, sewer or other special purpose districts and designating the boundaries thereof; 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.

Any ordinance providing for the making of public improvements.

Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee.

Any ordinance concerning changes and amendments to the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township.

Ordinance No. 2006-16, adopted 5-22-2006, known as the "Stormwater Management Ordinance of Manheim Township."

Ordinance No. 2011-11, adopted 8-8-2011, and Ordinance No. 2012-10, adopted 7-23-2012, pertaining to the Articles of Incorporation of the General Municipal Authority.

§ 1-7 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-6A 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 ordinances shall be temporarily placed in the Code until printed supplements are included.

§ 1-8 Changes and revisions in previously adopted legislation; new provisions.

Nonsubstantive grammatical changes. In compiling and preparing the ordinances and resolutions of the Township for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances and resolutions. It is the intention of the Board of Commissioners that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.

Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Commissioners, and it is the intent of the Board of Commissioners that all such changes be adopted as part of the Code as if the legislation so changed had 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 § 1-18.[1]

[1]

Editor's Note: In accordance with § 1-8B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 2-25-2013 by Ord. No. 2013-06." Schedule A, which contains a complete description of all changes, is on file in the Township offices.

Nomenclature.

(1)

Throughout the Code, references to the following agencies or officials are updated as indicated:

(a)

References to "District Justice" and "District Magistrate" are amended to read "Magisterial District Judge."

(b)

References to the "Department of Environmental Resources" and "DER" are amended to read "Department of Environmental Protection" and "DEP," respectively.

(c)

References to the "Department of Community Affairs" and "DCA" are amended to read "Department of Community and Economic Development" and "DCED," respectively.

(d)

References to "Manager" and "Secretary" are amended to read "Manager-Secretary."

(e)

References to the "Soil Conservation Service" and "SCS" are amended to read "Natural Resources Conservation Service" and "NRCS," respectively.

(2)

In the specific chapters listed below, references to the following are updated as indicated:

(a)

Throughout Ch. 125, Art. III, "special school police officers" is amended to read "school crossing guards."

Statutory references. Throughout the Code, outdated, incorrect and obsolete statutory references have been updated to the current citation.

§ 1-9 Interpretation of provisions.

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, resolution or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, resolution or regulation shall control.

§ 1-10 Titles and headings; editor's notes.

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 legislation.

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 legislation.

§ 1-11 Filing of copy of Code.

At least one copy of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Township Manager-Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Township Manager-Secretary, as provided by law, and such certified copy or copies shall remain on file in the office of the Township Manager-Secretary, available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-12 Amendments to Code.

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 Board of Commissioners 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.

§ 1-13 Code books to be kept up-to-date.

It shall be the duty of the Township Manager-Secretary or someone authorized and directed by him or her to keep up-to-date the certified copy or copies of the book containing the Code required to be filed in the office of the Township Manager-Secretary for the use of the public. All changes in said Code and all legislation adopted by the Board of Commissioners subsequent to the effective date of this codification which the Board of Commissioners shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new legislation are printed as supplements to said Code books, at which time such supplements shall be inserted therein.

§ 1-14 Publication of notices.

The Township Manager-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 Township. 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 a copy or 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.

§ 1-15 Altering or tampering with Code; penalties for violation.

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 Township to be misrepresented thereby. Anyone violating this section of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding $600, plus costs of prosecution, and, in default of payment thereof, by imprisonment for a term not exceeding 30 days.

§ 1-16 Effect of amendments on penalty provisions.

In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty as provided in § 1-2 of the Code shall apply to the section as amended or added, or, in case the amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section of the same chapter, the penalty so provided in that other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.

§ 1-17 Severability.

The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, article, chapter 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, chapter or part thereof rendered illegal, invalid or unconstitutional. It is hereby declared to be the intent of the Board of Commissioners that this ordinance and the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein.

§ 1-18 Effective date.

All provisions of this ordinance and of the Code shall be in force and effect on and after February 25, 2013.