[HISTORY: Adopted by the City Council of the City of Altoona
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-8-1975 by Ord. No. 4393 (Ch. 202, Secs. 202.04,
202.08, 202.09, 202.10, 202.11 and 202.99, of the 1974 Codified Ordinances)]
A. In
the construction of the Codified Ordinances the following rules shall
control, excepting those inconsistent with the manifest intent of
Council as disclosed in a particular provision, section or chapter:
(1) Adopting Ordinance. "Adopting Ordinance" means the ordinance of the
City adopting the Codified Ordinances of Altoona, Pennsylvania, in
conformity with the Third Class City Code of Pennsylvania, and this
article.
(2) Authority. Whenever in the Codified Ordinances authority is given
to an officer or an act is required to be performed, such authority
may be exercised and such act may be performed, at the instance of
such officer, by a deputy or subordinate, unless contrary to law or
to the clear intent of any such particular provision.
(3) Bond. When a bond is required, an obligation in writing under seal
is sufficient.
(4) Calendar; computation of time. "Month" and "year" mean the calendar
month or year. The time expressed in days within which an act is to
be done or a period is to expire shall be computed by excluding the
first and including the last day except, if the last is Sunday, it
shall be excluded. If time is expressed in hours, the whole of Sunday
shall be excluded.
(5) City and municipality. "City" and "Municipality" mean the City of
Altoona, Pennsylvania.
(6) Conjunctions. "And" includes "or" and "or" includes "and" if the
sense so requires.
(7) Council. "Council" means the Council of the City of Altoona, Pennsylvania.
(8) County. "County" means the County of Blair, Pennsylvania.
(9) Fire Department. "Fire Department" means the Fire Department of the
City of Altoona, Pennsylvania.
(10) Gender. Words importing the masculine shall extend and be applied
to the feminine and neuter genders.
(11) General rule. Except as otherwise provided in this section, words
and phrases shall be construed according to the common usage of language;
provided, however, that technical words and phrases and such others
as may have acquired a special meaning in the law shall be construed
according to such technical or special meaning.
(12) In the City. "In the City" means and includes any territory, jurisdiction
of which for the exercise of its regulatory power, has been conferred
on the City by public and private law.
(13) Joint authority. Words giving authority to a board, commission, authority
or to three or more officers or employees or other persons shall be
construed as giving authority to a majority thereof, unless otherwise
specifically provided.
(14) Keeper or proprietor. "Keeper" or "proprietor" means and includes
persons, firms, associations, corporations, clubs and copartnerships,
whether acting by themselves or as a servant, agent or employee.
(15) Land or real estate. "Land" or "real estate" includes rights and
easements of incorporeal nature.
(16) May. "May" is permissive.
(17) Number. Words in the plural include the singular and in the singular
include the plural numbers.
(18) Oath. "Oath" includes affirmation. When an oath is required or authorized
by law, an affirmation in lieu thereof may be taken by a person having
conscientious scruples to taking an oath. An affirmation has the same
force and effect as an oath.
(19) Owner. "Owner," when applied to property, includes a part owner,
joint owner or tenant in common, of the whole or any part of such
property.
(20) Person. "Person" shall extend to and be applied to associations,
clubs, corporations, firms, partnerships and bodies politic, as well
as to individuals.
(21) Police Department. "Police Department" means the Police Department
of the City of Altoona, Pennsylvania.
(22) Preceding, following. "Preceding" and "following" mean next before
and next after, respectively.
(23) Premises. "Premises," when used as applicable to property, extends
to and includes land and buildings.
(24) Property. "Property" includes real and personal, and any mixed and
lesser estates or interests therein. "Personal property" includes
every kind of property except real property. "Real property" includes
lands, tenements and hereditaments.
(25) Public grounds. "Public grounds" means and includes parks and all
public lands owned by the City and those parts of public places which
do not form travelled parts of the streets.
(26) Reasonable time. In all cases where provision is made for an act
to be done or notice to be given within a "reasonable time," it shall
be deemed to mean such time only as may be necessary for the prompt
performance of such act or giving of such notice.
(27) Shall. "Shall" is mandatory.
(28) Sidewalk. "Sidewalk" means any portion of a street between the curbline
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
(29) Signature, subscription. "Signature" and "subscription" include a
mark when a person cannot write, his name being written near it, and
being witnessed by a person who writes his own name as a witness.
(30) State or commonwealth. "State" or "commonwealth" means the Commonwealth
of Pennsylvania.
(31) Statute. "Statute" means a statute of the Commonwealth of Pennsylvania.
Whenever reference is made, for example, to 53 Purdon's Statutes,
Sec. 35101, it shall be construed to refer to Title 53 of Purdon's
Pennsylvania Statutes, Section 35101, as amended, or whatever title
and section are cited.
(32) Street. "Street" shall be construed to include alleys, avenues, boulevards,
lanes, roads, streets and other public ways in the City.
(33) Tenant or occupant. "Tenant" or "occupant," as applied to building
or land, shall extend and be applied to any person holding a written
or oral lease of or who occupied the whole or any part of a building
or land, alone or with others.
(34) Tenses. The use of any verb in the present tense includes the future.
(35) Third Class City Code. "The Third Class City Code" means the Pennsylvania
Act of June 28, 1951 (P.L. 662), as amended.
(36) Written. "Written" or "in writing" shall be construed to include
any representation of words, letters or figures, whether by printing
or otherwise.
All officers and employees of the City shall enforce obedience
to such ordinances, resolutions, rules, regulations and provisions
of these Codified Ordinances as may relate to their regular duties,
and to any other ordinances, resolutions, rules, regulations or provisions
of these Codified Ordinances with the enforcement of which they are
properly chargeable, by any measures provided therein, by the proper
report of any violation thereof, and by instituting such proceedings
as may be necessary to such enforcement.
Except as otherwise provided in these Codified Ordinances, no
person shall violate any rule, regulation or order promulgated by
any officer or agency of the City under authority vested in him or
it by law or ordinance, or under the provisions of these Codified
Ordinances.
A. Any
violation of any of the provisions of these Codified Ordinances, or
of any other ordinance, by any officer, agent or other person acting
for or employed by any corporation, company, society or association,
while acting within the scope of his office or employment, shall in
every case also be deemed to be a violation by such corporation, company,
society or association.
B. Any
officer, agent or other person acting for or employed by any corporation,
company, society or association shall be subject and liable to punishment
as well as such corporation, company, society or association, for
the violation by it of any provision of these Codified Ordinances
or any other ordinance where such violation was the act or omission,
or the result of the act, omission or order, of any such person.
All fines and penalties for the violation of any provision of
these Codified Ordinances or of any other ordinance, resolution, rule
or regulation shall, when received, inure to the use of the City,
unless otherwise directed by statute or ordinance.
[Amended 6-12-2013 by Ord. No. 5639]
Whenever in the Code of the City of Altoona or in any ordinance
of the City any act is prohibited or is made or declared to be unlawful
or an offense, or whenever in the Code of the City of Altoona or in
any ordinance the doing of any act is required or the failure to do
any act is declared to be unlawful, where no specific penalty is provided
therefor, the violator of any such provision or any ordinance shall
be subject to the following penalties, in accordance with 53 P.S.
§ 39131.1:
A. Except as provided for in Subsection
B of this section, the penalty for violation of a building ordinance, housing ordinance, property maintenance ordinance, fire prevention ordinance, electrical ordinance and plumbing ordinance shall be a fine not exceeding one per month on a property and limited to no more than $1,000 for the first two continual and uncorrected violations of the same subsection of such ordinance on the same property and not exceeding $5,000 for the third and any subsequent continual and uncorrected violation of the same subsection of such ordinance on the same property.
B. If
a violation of the building ordinance, the housing ordinance, the
property maintenance ordinance, the fire prevention ordinance, the
electrical ordinance or the plumbing ordinance is found to pose a
threat to the public's health, safety or property, then penalties
of fine may be provided for as follows:
(1) Not exceeding one citation per five calendar days for a continual
and uncorrected violation of the same subsection of such ordinance
on the same property;
(2) Limited to no less than $500 and no more than $1,000 for the first
two continual and uncorrected violations of the same subsection of
such ordinance on the same property and no less than $1,000 and not
exceeding $10,000 for the third and any subsequent continual and uncorrected
violation of the same subsection of such ordinance on the same property,
or imprisonment for any term not exceeding 90 days, or both.
C. For violations of any ordinance not specified in Subsection
A or
B, a penalty may be imposed on any person who violated such ordinance which shall include a fine of not more than $1,000, or a term of imprisonment of not more than 90 days, or both.
D. A
separate offense shall be deemed committed each day during or on which
a violation occurs or continues.
F. For
violation of any part of the Code of the City of Altoona and/or violation
of any ordinance of the City, all such violations may, in addition
to any other remedy and/or penalty available to the City, be enforced
by the City through an action in equity brought in the Court of Common
Pleas of Blair County, Pennsylvania.
[Added 8-8-2018 by Ord. No. 5722]
[Adopted 6-12-2013 by Ord. No. 5639]
Pursuant to Section 1014.1 (53 P.S. § 36014.1) of the Third Class City Code, the codification of a complete body of legislation for the City of Altoona, County of Blair, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code, and consisting of Chapters
1 through
711, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the City of Altoona, which shall be known and is hereby designated as the “Code of the City of Altoona,” hereinafter referred to as the “Code.”
The provisions of this Code, insofar as they are substantively the same as those of 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 City Council of the City of Altoona, and it is the intention of said City 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 §
1-9 below, and only new or changed provisions, as described in §
1-12 below, shall be deemed to be enacted from the effective date of this Code, as provided in §
1-21 below.
A. Except as provided in §
1-10, 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 §
1-21; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Altoona which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. Repeal of
specific ordinances. The City Council of the City of Altoona has determined
that the following ordinances are no longer in effect and hereby specifically
repeals the following legislation:
(1) Sewers
amendments: Ord. No. 4824, adopted 1-24-1984; Ord. No. 4826, adopted
3-13-1984; Ord. No. 4834, adopted 6-26-1984; Ord. No. 4866, adopted
2-26-1985; Ord. No. 4887, adopted 6-11-1985; Ord. No. 4911, adopted
1-14-1986; Ord. No. 4925, adopted 3-4-1986; Ord. No. 4937, adopted
7-8-1986.
(2) Vehicles
and traffic amendments: Ord. No. 4949, adopted 10-28-1986; Ord. No.
4951, adopted 10-28-1986; Ord. No. 5064, adopted 11-22-1988; Ord.
No. 5073, adopted 12-20-1988; Ord. No. 5369, adopted 5-10-1995.
(3) Ord.
No. 4854, Smoking, adopted 11-27-1984.
(4) Ord.
No. 4966, Electrical Standards (electricians), adopted 12-16-1986,
and Ord. No. 5252, adopted 9-9-1992; Ord. No. 5395, Electrical Standards
(1996), adopted 2-14-1996; Ord. No. 5485, Electrical Standards (1999),
adopted 9-26-2001.
(5) Ord.
No. 4972, Medical Review Hearing Board, adopted 3-24-1987.
(6) Ord.
No. 5049, Bureau of Fire (rules, regulations, policies and procedures),
adopted 7-26-1988.
(7) Ord.
No. 5275, Meetings, adopted 1-13-1993.
(8) Ord.
No. 5383, Alarm systems (protective signaling systems), adopted 1-24-1996.
(9) Food
and food establishments: Ord. No. 5393, adopted 2-14-1996; Ord. No.
5508, adopted 6-26-2002.
(10) Ord.
No. 5450, Real estate rental lists, adopted 11-18-1998.
(11) Ord.
No. 5460, Loitering (drug-related), adopted 8-26-1999.
(12) Ord.
No. 5507, Streets and sidewalks (dumpsters and waste containers),
adopted 6-26-2002.
(13) Ord.
No. 5551, Contractors, adopted 12-14-2005.
(14) Ord.
No. 5560, Immigrants (undocumented alien control), adopted 9-27-2006.
(15) Former
Part Two, Title Six, Ch. 222, Mayor, Section 222.02, Sale of property
purchased by City at tax sales, of the 1974 Codified Ordinances.
(16) Former
Part Two, Title Six, Ch. 226, City Treasurer, Section 226.01, Surety
bond, of the 1974 Codified Ordinances.
(17) Former
Part Two, Title Six, Ch. 228, City Engineer; Real Estate Registration,
of the 1974 Codified Ordinances.
(18) Former
Part Two, Title Six, Ch. 230, City Solicitor, of the 1974 Codified
Ordinances.
(19) Former
Part Two, Title Six, Ch. 238, Department of Public Affairs, Section
238.03, Educational Service Agency, of the 1974 Codified Ordinances.
(20) Former
Part Two, Title Six, Ch. 240, Bureau of Police, Section 240.07, Abusing
police dogs; interference, of the 1974 Codified Ordinances.
(21) Former
Part Two, Title Twelve, Ch. 298, Mayor’s Police Court, of the
1974 Codified Ordinances.
(22) Former Part Four, Title Two, Ch.
440, Operation generally, of the 1974 Codified Ordinances.
(23) Former
Part Four, Title Two, Ch. 448, Bicycles, of the 1974 Codified Ordinances.
(24) Former
Part Four, Title Four, Ch. 472, Parking meters, of the 1974 Codified
Ordinances.
(25) Former
Part Six, Ch. 604, Administration, enforcement and penalty, of the
1974 Codified Ordinances.
(26) Former
Part Six, Ch. 608, Animals, of the 1974 Codified Ordinances.
(27) Former
Part Six, Ch. 616, Fraud, of the 1974 Codified Ordinances.
(28) Former
Part Six, Ch. 632, Minors, of the 1974 Codified Ordinances.
(29) Former
Part Six, Ch. 644, Offenses against the flag, of the 1974 Codified
Ordinances.
(30) Former
Part Six, Ch. 648, Offenses relating to persons, of the 1974 Codified
Ordinances.
(31) Former
Part Six, Ch. 652, Offenses relating to property, of the 1974 Codified
Ordinances.
(32) Former
Part Six, Ch. 656, Peace disturbances, of the 1974 Codified Ordinances.
(33) Former
Part Six, Ch. 660, Railroads and public conveyances, of the 1974 Codified
Ordinances.
(34) Former
Part Six, Ch. 672, Safety, of the 1974 Codified Ordinances.
(35) Former
Part Six, Ch. 680, Sunday trading, of the 1974 Codified Ordinances.
(36) Former
Part Six, Ch. 688, Weapons, of the 1974 Codified Ordinances.
(37) Former
Part Eight, Title Two, Ch. 802, Licenses in general, of the 1974 Codified
Ordinances.
(38) Former
Part Eight, Title Two, Ch. 808, Amusements, theaters and shows, of
the 1974 Codified Ordinances.
(39) Former
Part Eight, Title Two, Ch. 810, Auctioneers, of the 1974 Codified
Ordinances.
(40) Former
Part Eight, Title Two, Ch. 812, Automobile service stations, of the
1974 Codified Ordinances.
(41) Former
Part Eight, Title Two, Ch. 814, Banks, of the 1974 Codified Ordinances.
(42) Former
Part Eight, Title Two, Ch. 816, Billiard and pool rooms, of the 1974
Codified Ordinances.
(43) Former
Part Eight, Title Two, Ch. 818, Bowling alleys, of the 1974 Codified
Ordinances.
(44) Former
Part Eight, Title Two, Ch. 820, Cabarets and restaurants, of the 1974
Codified Ordinances.
(45) Former
Part Eight, Title Two, Ch. 822, Coal sales, of the 1974 Codified Ordinances.
(46) Former
Part Eight, Title Two, Ch. 826, Dance halls, ballrooms and academies,
of the 1974 Codified Ordinances.
(47) Former
Part Eight, Title Two, Ch. 827, Deliveries or transfers of commodities,
of the 1974 Codified Ordinances.
(48) Former
Part Eight, Title Two, Ch. 828, Express companies, of the 1974 Codified
Ordinances.
(49) Former
Part Eight, Title Two, Ch. 830, Ice sales, of the 1974 Codified Ordinances.
(50) Former
Part Eight, Title Two, Ch. 832, Installment plan sales, of the 1974
Codified Ordinances.
(51) Former
Part Eight, Title Two, Ch. 838, Peddlers and solicitors, of the 1974
Codified Ordinances.
(52) Former
Part Eight, Title Two, Ch. 840, Protective signaling devices, of the
1974 Codified Ordinances.
(53) Former
Part Eight, Title Two, Ch. 842, Real estate agents, of the 1974 Codified
Ordinances.
(54) Former
Part Eight, Title Two, Ch. 844, Shooting galleries, of the 1974 Codified
Ordinances.
(55) Former
Part Eight, Title Two, Ch. 846, Sound trucks, of the 1974 Codified
Ordinances.
(56) Former
Part Eight, Title Two, Ch. 848, Stables, of the 1974 Codified Ordinances.
(57) Former
Part Eight, Title Two, Ch. 850, Stockbrokers, of the 1974 Codified
Ordinances.
(58) Former
Part Eight, Title Two, Ch. 852, Street railway or traction companies,
of the 1974 Codified Ordinances.
(59) Former
Part Eight, Title Two, Ch. 854, Taxicabs and other vehicles for hire,
of the 1974 Codified Ordinances.
(60) Former
Part Eight, Title Two, Ch. 858, Utilities, of the 1974 Codified Ordinances.
(61) Former
Part Ten, Title Two, Ch. 1020, Streets and sidewalks generally, of
the 1974 Codified Ordinances.
(62) Former
Part Ten, Title Two, Ch. 1026, Trees, of the 1974 Codified Ordinances.
(63) Former
Part Ten, Title Four, Ch. 1042, Water, of the 1974 Codified Ordinances.
(64) Former
Part Ten, Title Four, Ch. 1044, Sewers, of the 1974 Codified Ordinances.
(65) Former
Part Ten, Title Six, Ch. 1064, Sanitary landfill areas, of the 1974
Codified Ordinances.
(66) Former
Part Fourteen, Title Two, Sections 1412.02 and 1412.99, Use registration
permits, of the 1974 Codified Ordinances.
(67) Former
Part Fourteen, Title Six (Chs. 1440 through 1448), Electricity, of
the 1974 Codified Ordinances.
(68) Former
Part Fourteen, Title Eight, Ch. 1462, House numbering, of the 1974
Codified Ordinances.
(69) Former
Part Fourteen, Title Eight, Ch. 1464, Moving of buildings, of the
1974 Codified Ordinances.
(70) Former
Part Fourteen, Title Eight, Ch. 1466, Tents, of the 1974 Codified
Ordinances.
(71) Former
Part Fourteen, Title Eight, Ch. 1468, Trailers and trailer parks,
of the 1974 Codified Ordinances.
(72) Former
Part Fourteen, Title Ten, Ch. 1484, Multifamily dwellings, of the
1974 Codified Ordinances.
(73) Former
Part Fourteen, Title Ten, Ch. 1486, Section 1486.01, Bureau of Housing
and Housing Code Enforcement, and Section 1486.02, Board of Housing
Appeals, of the 1974 Codified Ordinances.
(74) Former
Part Sixteen, Ch. 1620, Electricity, of the 1974 Codified Ordinances.
(75) Former
Part Sixteen, Ch. 1624, Explosives and blasting, of the 1974 Codified
Ordinances.
(76) Former
Part Eighteen, Ch. 1804, Air pollution, of the 1974 Codified Ordinances.
(77) Former
Part Eighteen, Ch. 1816, Food and food handlers, of the 1974 Codified
Ordinances.
The adoption of this Code and the repeal of ordinances provided for in §
1-9 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 §
1-9 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 12-19-2012.
B. Any right
or liability established, accrued or incurred under any legislative
provision of the City 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 City 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 City.
E. Any franchise,
license, right, easement or privilege heretofore granted or conferred
by the City or any lawful contract, obligation or agreement.
F. 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 City or other instruments or evidence of the City'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 City.
K. Any ordinance
providing for or 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; 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 City or setting the bond of any officer or employee.
P. Any ordinance
concerning changes and amendments to the Zoning Map.
Q. Any ordinance
relating to or establishing a pension plan or pension fund for municipal
employees.
R. Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the City.
All ordinances and resolutions of a general and permanent nature adopted subsequent to the date given in §
1-10A 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 and resolutions shall be temporarily placed in the Code until printed supplements are included.
A. Nonsubstantive
grammatical changes. In compiling and preparing the ordinances and
resolutions of the City 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 City Council 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.
B. Substantive changes and revisions. In addition to the changes and revisions described above, the 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 made to bring provisions into conformity with the desired policies of the City Council, and it is the intent of the City Council that all such changes be adopted as part of the Code as if the legislation 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 §
1-21.
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.
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 legislation.
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 legislation.
At least one copy of the Code in a post-bound volume shall be
filed with the Ordinance Book in the office of the City Clerk and
shall remain there for use and examination by the public. Upon adoption,
such copy or copies shall be certified to by the City Clerk, as provided
by law, and such certified copy or copies shall remain on file in
the office of the City Clerk, 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 City 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 City Clerk 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 City Clerk for the use of the public. All changes in
said Code and all legislation adopted by the City Council subsequent
to the effective date of this codification which the City Council
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.
The City Clerk, 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 City. 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.
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 City to be misrepresented thereby. Anyone violating
this section of this ordinance shall, upon conviction thereof, be
punished by a fine not exceeding $1,000, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not
exceeding 90 days.
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 City Council 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.
All provisions of this ordinance and of the Code shall be in
force and effect on and after June 12, 2013.