[HISTORY: Adopted by the Borough Council of the Borough of Colwyn as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-13-1983 by Ord. No. 426, approved 10-13-1983]
The codification of a complete body of ordinances for the Borough of Colwyn, County of Delaware, Commonwealth of Pennsylvania, revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 145, together with an Appendix and Index, is hereby approved, adopted, ordained and enacted as the Colwyn Borough Code, hereinafter known and referred to as the "Code," pursuant to Section 1008(b) of the Borough Code, 53 P.S. § 46008(b).
All provisions of the Code shall be in full force and effect on and after October 13, 1983.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Colwyn and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this ordinance, except as hereinafter provided.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:
A. 
Any ordinance adopted subsequent to June 10, 1982.
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.
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.
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 Borough or other instruments or evidence of the Borough'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 Borough.
J. 
Any ordinance designating the boundaries of water or sewer districts.
K. 
The levy or imposition of taxes, sewer rents, special assessments or charges.
L. 
The dedication of property.
M. 
Any currently effective ordinance or resolution establishing the salaries or compensation of officers and employees of the Borough.
N. 
Any ordinance amending the Zoning Map.
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 ordinance of the Borough of Colwyn 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 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. 
Certain changes of a substantive nature have been made to various ordinances found within the Code and certain new materials have been added to the Code. These changes and additions have been made to bring the provisions of the Code into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes and additions be adopted as part of the Code as if the ordinances so changed or added had been previously formally amended or adopted to read as such. Such changes and additions are cited within the historical statements by the terms "amended at time of adoption of Code" or "adopted at time of adoption of Code." These changes and additions are further detailed as follows:[1]
[1]
Editor's Note: All changes and additions to Code sections, articles and chapters pursuant to § 1-6B are indicated in the 2012 republication by an historical reference to "adopted/amended/added/repealed 10-13-1983 by Ord. No. 426." A complete description of such amendments is on file in the Borough Secretary's office as Schedule A to Ord. No. 426.
A copy of the Code in a post-bound volume has been filed in the office of the Borough Secretary and shall remain there for use and examination by the public until final action is taken on this ordinance. If this ordinance shall be adopted, such copy shall be certified to by the Borough Secretary, as provided by law, and such certified copy shall remain on file in the office of the Borough 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 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 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 Borough 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.
Copies of the book containing the Code may be purchased from the Borough Secretary upon the payment of a fee to be set by resolution of the Borough Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.
The Borough 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 Borough. Sufficient copies of the Code shall be maintained in the office of the Borough Secretary for inspection by the public at all times during regular office hours.
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 part 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 part thereof.
[Amended 11-10-1988 by Ord. No. 447]
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of this Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Borough to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than $600 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.