[HISTORY: Adopted by the City Council of the City of Nanticoke
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-19-2012 by Ord. No. 19-2012]
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 Nanticoke, County of Luzerne, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code, and consisting of Chapters 1 through 500, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the City of Nanticoke, which shall be known and is hereby designated as the "Code of the City of Nanticoke," 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 Nanticoke, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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.
A.
Except as provided in § 1-4, 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or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-15; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Nanticoke 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 Nanticoke
has determined that the following ordinances are no longer in effect
and hereby specifically repeals the following legislation:
(1)
Ordinance No. 5-2011, Banning sale or possession of "bath salts,"
adopted April 6, 2011.
(2)
Ordinance No. 12-2007, City Administrator, adopted March 21, 2007.
(3)
Former Chapter 1, Part 2A, Purchasing; Part 2B, Regulations Under
Which Personal Property of the City May be Sold; and Part 2C, Contracts,
of the 2004 Code of Ordinances.
(4)
Former Chapter 1, Part 3D, Civil Service Board; Part 3F, §§ 1-351
to 1-364, Fire Department, of the 2004 Code of Ordinances.
(5)
Former Chapter 1, Part 4C, Park Guards, of the 2004 Code of Ordinances.
(6)
Former Chapter 1, Part 8, Central Luzerne Council of Governments,
of the 2004 Code of Ordinances.
(7)
Former Chapter 6, Part 2, Sound Trucks, of the 2004 Code of Ordinances.
(8)
Former Chapter 6, Part 3, Smoking in public transportation vehicles,
of the 2004 Code of Ordinances.
(9)
Former Chapter 13, Part 5, Moving Permits, of the 2004 Code of Ordinances.
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 5-2-2012.
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 § 1-4A 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 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.
Specifically,
the title "City Administrator" has been changed to "City Manager"
where it appeared in the Code.
C.
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.[1] 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 § 1-15.
[1]
Editor's Note: In accordance with § 1-6C, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 12-19-2012 by Ord. No. 19-2012]. Schedule A, which contains a complete description of all changes, is on file in the City offices.
D.
Authority
to correct scrivener's errors.
[Added 5-5-2021 by Ord. No. 3-2021]
(1)
The Solicitor
for the City of Nanticoke is hereby individually authorized to correct
scrivener's errors in the City Code of Ordinances, resolutions and
minutes adopted by the Council without the need for readoption of
the City of Nanticoke Code provision, resolution, or minutes.
(2)
For the
purposes of this subsection, a scrivener's error includes one or more
of the following:
(3)
A correction
to an ordinance, resolution, or minutes shall be accompanied by a
scrivener's note on or attached to the corrected ordinance, resolution
or minutes. Any such correction shall be reported within one month
of such correction at a regular meeting of the City Council.
(4)
Corrections
to complete sections of the City Code Ordinance shall be noted therein.
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 $600, 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 December 19, 2012.