[Ord. 2011-12, 10/6/2011]
The short title of this Code of Ordinances prepared
and published for the Township of Lower Macungie shall be the "Township
of Lower Macungie Code of Ordinances."
[Ord. 2011-12, 10/6/2011]
The Township of Lower Macungie Code of Ordinances may be cited by section number. The approved short form is "Code." Thus, "Code, § 27-101" refers to § 101 of Chapter
27 of this Code of Ordinances.
[Ord. 2011-12, 10/6/2011]
1. This Code is divided into chapters, which are subdivided
as follows:
A. Subchapters, identified by capital letters, beginning
with a chapter title and number.
B. Parts, identified by Arabic numerals, beginning with
a Part title and number.
C. Subparts, identified by Arabic numerals, beginning
with a title.
2. The sections of the Code are subdivided as follows:
A. Subsections, identified by Arabic numerals.
B. Paragraphs, identified by capital letters.
C. Subparagraphs, identified by Arabic numerals enclosed
within parentheses.
D. Clauses, identified by lower case letters enclosed
within parentheses.
E. Subclauses, identified by Arabic numerals followed
by a parenthesis.
F. Items, identified by lower case letters followed by
a parenthesis.
G. Subitems, identified small Roman numerals.
[Ord. 2011-12, 10/6/2011]
Chapter, subchapter, part, subpart, section,
subsection, paragraph, subparagraph, clause, and subclause headings
contained in the Code may not be deemed to govern, limit, modify or
affect the scope, meaning or intent of the Code. The headings of sections,
subsections or other divisions of this Code are intended as mere captions
to indicate the contents of the section, subsection or other division
and shall not be deemed to be taken as titles of such section, subsection
or other division, nor as any part of said section, subsection or
other division unless expressly so provided.
[Ord. 2011-12, 10/6/2011]
Except as may be otherwise stated in any provision
of this Code, the present tense includes the past and future tenses,
and the future, the present; the masculine gender includes the feminine
and neuter, the feminine includes the masculine and neuter, and the
neuter includes the masculine and feminine; and the singular includes
the plural, and the plural, the singular.
[Ord. 2011-12, 10/6/2011]
1. Except as may be otherwise specifically provided by
any provision of this Code, the Statutory Construction Act of 1972,
1 Pa.C.S.A. § 1501 et seq., shall be applied in construing
this Code.
2. Effect of Repeal or Expiration of Code Section.
A. The repeal of a Code section or ordinance, or its
expiration by virtue of any provision contained therein, shall not
affect any right accrued or any offense committed, any penalty or
punishment incurred, or any proceeding commenced before the repeal
took effect or the ordinance expired.
B. When any ordinance repealing a former Code section,
ordinance, clause or provision shall itself be repealed, such repeal
shall not be construed to revive such former Code section, ordinance,
clause or provision, unless it shall be expressly so provided.
3. Saving Clause. The provisions of this Code, so far
as they are the same as those ordinances and regulations in force
immediately prior to the adoption of this Code, are intended as a
continuation of such ordinances, resolutions and regulations and not
as a new enactment. The provisions of this Code shall not affect any
suit or prosecution pending or to be instituted to enforce any of
the prior ordinances or regulations. Except as specifically stated
in this Code or in the ordinance adopting this consolidation, codification
and revision of the ordinances and regulations, it is the intention
of the Board of Commissioners that no ordinance or regulation of the
Township be amended, revised or repealed by implication.
4. Resolutions. The provisions of this Code of Ordinances
may contain resolutions, that is, actions of the Board of Commissioners
(in written form and designated "resolution") which did not require
prior public notice in accordance with the provisions of the First
Class Township Code, 53 P.S. § 55101 et seq., at the time
of their passage by the Board of Commissioners. Such "resolutions"
are included herein for ease of reference and the Board of Commissioners
does not intend by their inclusion herein to require prior public
notice before amending, revising or repealing such resolution or resolutions
as may have been included herein in the future. It is the intention
of the Board of Commissioners that such actions of the Board of Commissioners
that may be included in this Code and specifically cited and designated
as a resolution shall not become an ordinance (requiring prior public
notice before amendment, revision or repeal) by the simple fact of
inclusion in this Code.
[Ord. 2011-12, 10/6/2011]
1. Chapters. Chapters are numbered sequentially in Arabic
throughout this Code.
2. Parts. Parts are numbered sequentially in Arabic throughout
this Code.
3. Whenever other divisions are necessary, chapters shall be divided into subchapters, parts into subparts and designated with the chapter or part number followed by a capital letter. For instance, Chapter
1 may be divided into Subchapters 1A and 1B.
4. Sections. Sections are numbered sequentially throughout a chapter and a part such that the first number or numbers is the chapter number, followed by a hyphen, followed by the part number, followed by the section number within the part. For example, "§ 1-101" designates Chapter
1, Part
1, Section 1. Similarly, "§ 27-305" designates Chapter
27, Part
3, Section 5.
5. Internal Divisions of Sections. Whenever internal
divisions are necessary, sections shall be divided into subsections,
subsections into paragraphs, paragraphs into subparagraphs, subparagraphs
into clauses, and clauses into subclauses, and subclauses into items,
designated as follows:
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1. Subsection.
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A. Paragraph
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(1) Subparagraph
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(a) Clause.
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1) Subclause.
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a) Item.
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i. Subitem.
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[Ord. 2011-12, 10/6/2011]
1. Addition of New Units Between Existing Units. If it becomes necessary to introduce a new chapter, part or section between existing chapters, parts or sections, the new chapter, part or section shall be designated by the addition of a capital letter suffix to the preceding chapter, part or section number. Thus, a chapter introduced between Chapters
5 and
6 would be Chapter 5A, and sections in that chapter would be numbered, for instance, "§ 5A-101." If it becomes necessary to introduce a part between existing Parts 5 and 6 the new part would be Part
5A, and sections in that part would be numbered, for instance, "§ 5-5A01." A new section introduced between existing Sections 5 and 6 would be "§ 5-105.1." When a number of new parts or sections have been introduced, the chapter or part shall be renumbered.
2. If it becomes necessary to introduce a subsection
between subsections, for instance, Subsections 5 and 6, the new subsection
would be numbered Subsection 5.1.
3. If it becomes necessary to introduce a unit smaller
than a subsection between existing units, the entire subsection shall
be revised and renumbered.
4. Vacated Numbers. Whenever a number is vacated by a
revocation or repeal, the remaining elements in the overall unit shall
retain their old numbers until the overall unit is completely revised.
Prior to revision, the vacated number may be marked: "(Reserved)."
[Ord. 2011-12, 10/6/2011]
1. All ordinances passed subsequent to the adoption of
this Code which amend, repeal or in any way affect this Code shall
be numbered in accordance with the numbering system of this Code and
printed for inclusion herein. In the case of repealed chapters, parts,
sections, paragraphs, clauses or other part or provision hereof, by
subsequent ordinance, such repealed portions may be excluded from
this Code by omission from reprinted pages affected thereby. The subsequent
ordinances as numbered and printed, or omitted in the case of repeal,
shall be prima facie evidence of such subsequent ordinances until
such time as this Code and subsequent ordinances omitted are readopted
as a new Code by the Board of Commissioners.
2. Amendment to any provision of this Code shall be made
by specific reference to the chapter, part, section and/or subsection
number of this Code in the following language:
A. Amendment or Revision. "Chapter _____, Part _____,
Section _____, Subsection _____, is hereby amended (revised) to read
as follows . . . ." The amended or revised provisions may then be
set out in full as desired.
B. Addition. "Chapter _____, Part _____, Section _____,
Subsection _____, is hereby amended by the addition of the following
. . . ." The new provision shall then be set out in full as desired.
C. Repeal. "Chapter _____, Part _____, Section _____,
Subsection _____, is hereby repealed in its entirety."
3. It is the intention of the Board of Commissioners
that the numbering scheme of this Code be adhered to in enacting future
ordinances. In the event that any ordinance or other enactment be
adopted which does not conform to the numbering system of this Code,
it is the intention of the Board of Commissioners that such enactment
be renumbered in the process of supplementing, revising or updating
this Code to conform to the numbering scheme of this Code. The Board
of Commissioners hereby acknowledges and confirms that the numbering
scheme herein is for ease of reference and that the renumbering of
any enactment when added to this Code shall not in any manner affect
the validity of said enactment.
[Ord. 2011-12, 10/6/2011]
It shall be unlawful for any person to change
or amend by addition or deletion any part or portion of this Code,
or to insert or delete pages or portions thereof, or to alter or tamper
with such Code in any manner whatsoever, except by ordinance or resolution
or other official act of the Board of Commissioners.
[Ord. 2011-12, 10/6/2011]
1. Penalty Where No Penalty Provided. Whenever in this
Code or in any ordinance of the Township any act is prohibited or
is declared to be unlawful, or whenever in this Code or other ordinance
the doing of any act is declared to be unlawful, and no specific penalty
is provided therefor:
A. Violations of Health, Safety and Welfare Provisions.
For violations of ordinances adopting building, housing, property
maintenance, health, fire or public safety codes; and for ordinances
regulating water services, water pollution, air pollution and noise,
the following penalty shall be provided:
(1)
Any person, firm or corporation who shall violate
any provision of this Part, upon conviction thereof, shall be sentenced
to pay a fine of not more than $1,000 plus costs and attorney fees.
Each day that a violation of this Part continues or each section of
this Part which shall be found to have been violated shall constitute
a separate offense.
B. Other Violations. All other penalties, except for penalties in Chapter
15, "Motor Vehicles and Traffic" (based on the Vehicle Code, 75 Pa.C.S.A. § 101 et seq.), penalties and ordinances adopted under the authority of the Municipalities Planning Code, 53 P.S. § 10101 et seq., earned income tax ordinances adopted under the Local Tax Enabling Act, 53 P.S. § 6913, and ordinances adopted under the authority of the Sewage Facilities Act, 35 P.S. § 750.1 et seq., should provide, generally:
(1)
Any person, firm or corporation who shall violate
any provision of this Part, upon conviction thereof, shall be sentenced
to a fine of not more than $600 plus costs and attorney fees. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
2. The imposition of a penalty under the provisions of
this Code shall not prevent the revocation of any permit or license
or the taking of other punitive or remedial action where called for
or permitted under the laws of the Commonwealth of Pennsylvania and
the United States of America. In addition, the Township may institute
injunctive, mandamus or any other appropriate action or proceeding
at law or in equity for the enforcement of this Code. Any court of
competent jurisdiction shall have the right to issue restraining orders,
temporary or permanent injunctions, mandamus, or other appropriate
forms of remedy or relief.