[HISTORY: Adopted by the Council of the Borough of Darby
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
Pursuant to § 1008(b) of the Borough Code, the codification of a complete body of ordinances for the Borough of Darby, County of Delaware, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code, LLC, and consisting of Chapters
1 through 155, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Darby which shall be known as the "Code of the Borough of Darby," hereinafter referred to as the "Code."
All provisions of the Code shall be in force and effect on and
after March 5, 1975.
All ordinances or parts of ordinances of a general and permanent nature, adopted by the Borough of Darby and in force on the date of the adoption of this Code and not contained in the Code, are hereby repealed as of the effective date given in §
1-2 above, 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 August 7, 1974.
B. Any
right or liability established, accrued or incurred under any legislative
provision of the Borough prior to the effective date of this Code
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
Code 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 Code
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 grade, changing 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 purchasing, 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, sewer or other special
purpose districts.
K. The
levy or imposition of special assessments or charges.
L. The
dedication of property.
M. Any
ordinance establishing the real property tax rate.
N. Ordinance
No. 366X, or any ordinance amendatory thereto or a replacement thereof,
setting amounts of sewer rentals, designating the Sewer Rental Collector
and fixing the bond for the Collector.
O. Ordinance
No. 543, establishing the compensation of police officers, and any
amendment thereto or replacement therefor.
All ordinances 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 legislation shall be temporarily placed in the Code until printed supplements are included.
In compiling and preparing the ordinances of the Borough 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.
Three copies of the Code in a post-bound volume shall be filed
with the ordinance book in the office of the Borough Secretary and
shall remain there for use and examination by the public. Upon adoption,
such copies shall be certified to by the Borough Secretary, as provided
by law, and such certified copies shall remain on file in the office
of the Borough Secretary, to be made available to persons desiring
to examine the same during all times while the said Code is in effect.
Any and all additions, deletions, amendments or supplements
to the Code, when passed and enacted 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 enacted, they shall thereafter be printed and, as provided hereunder,
inserted in the post-bound book containing the said Code, as amendments
and supplements thereto.
It shall be the duty of the Borough Secretary, or someone authorized
and directed by him, to keep up-to-date the certified copies of the
book containing the Code required to be filed in the office of the
Borough Secretary for the use of the public. All changes in said Code
and all ordinances enacted by the Borough Council subsequent to the
effective date of this codification which the Borough Council shall
enact specifically as part of the Code shall, when finally enacted,
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 introduction and of the adoption
of this 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. The enactment and application of this Code,
coupled with the publication of the notices of introduction and adoption
as required by law and the 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 this 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.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion thereof, 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 chapter shall be subject, upon conviction in
a summary proceeding before any Magisterial District Judge, to a fine
of not more than $300 and costs of prosecution.
The following substantive changes, amendments or revisions to
previously enacted ordinances included in the Code are made herewith,
to become effective upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)
[Adopted 8-19-2015 by Ord. No. 773, approved 8-19-2015]
In the event of any violation of a civil ordinance of the Borough
of Darby, the applicable enforcement and/or authorized officer shall
make a determination in each instance whether a violation has or is
occurring under the appropriate ordinance.
A. Upon determining
that a violation has or is occurring, the applicable enforcement and/or
authorized officer shall impose a civil penalty as prescribed according
to law upon the violator.
(1) In the
event the alleged violation does not present an imminent danger of
personal injury, property damage or to the peace and welfare of the
community, the applicable enforcement and/or authorized officer may,
at the officer's discretion, issue a notice of violation containing
a grace period of not more than 30 days during which no civil penalty
is to be imposed if the violator comes into compliance by the specified
date.
(2) In the
event the alleged violation is governed by other statutory law of
the Commonwealth of Pennsylvania regarding a grace period, then said
officer shall comply fully with the statutory requirement.
B. The applicable
enforcement and/or authorized officer shall forthwith serve upon the
violator a notice of violation by certified mail.
C. The notice
of violation shall include a citation to the applicable violation,
the date and time, the amount of civil penalty (if appropriate), corrective
action, and the consequence of failure to pay the civil penalty on
or before the due date.
D. In the event
that the violator fails to pay the prescribed civil penalty within
15 days of the date on the notice of violation, the civil penalty
is increased by 100%.
E. If the violator
fails to pay the penalty on or before the due date, the applicable
enforcement and/or authorized officer shall file a civil complaint
in a court having jurisdiction of the case.
All persons employed or appointed by Darby Borough are authorized
to take all action necessary to ensure implementation of and effect
the purpose hereof.