(a)
The ordinances of the City of Lebanon, Pennsylvania, of a general
and permanent nature, consolidated and codified with minor nonsubstantive
changes as attached hereto and made a part hereof (Exhibit A), are
ordained as the general ordinances of the City revised to 1965 and
are hereby approved, adopted and enacted as the "Codified Ordinances
of Lebanon, Pennsylvania, 1965".
(b)
This ordinance shall be introduced in Council, notice of introduction
shall be published, and legal advertisement of the contents of the
Codified Ordinances shall be made in conformity with subsections 1014.1(b)
and (c) of 1951 P.L. 662, as amended by 1957 P.L. 631.
The Codified Ordinances of Lebanon, Pennsylvania, 1965, hereby
adopted, shall be comprised of the following component parts:
Part One - Administrative Code
Part Three - Business Regulation and Taxation Code
Part Five - Traffic Code
Part Seven - General Offenses Code
Part Nine - Streets, Utilities and Public Services Code
Part Eleven - Public Health Code
Part Thirteen - Zoning Code
Part Fifteen - Fire Prevention Code
Part Seventeen - Building Code
Part Nineteen - Housing Code
The Codified Ordinances of Lebanon, Pennsylvania, 1965, may be referred to as the "Codified Ordinances"; any component code of the Codified Ordinances may be referred to by its name, such as the "Traffic Code", and sections of the Codified Ordinances may be cited by their number, such as Section 101.01.
(a)
The Codified Ordinances of Lebanon, Pennsylvania, 1965, may be amended
or supplemented at any time and, when any amendment or supplement
is adopted in such form as to indicate the intention of Council to
make the same a part thereof, such amendment or supplement shall be
incorporated in, and deemed a part of, the Codified Ordinances, so
that a reference to the Codified Ordinances shall be understood and
construed as including the Codified Ordinances of Lebanon, Pennsylvania,
1965, and any and all such amendments and supplements.
(b)
All amendments and supplements enacted as a part of the Codified
Ordinances shall be integrated therewith by following the form of
arrangement and plan set forth in the original Codified Ordinances
as follows: each code shall be subdivided into titles, each title
shall be subdivided into articles, and each article shall be subdivided
into sections, which shall be numbered in accordance with the decimal
numbering system. The numbering of all sections, except the penalty
sections, shall be consecutive within each article commencing with
the first section of Article 101, which shall be numbered 101.01,
the first "1" signifying Code 1, the two figures "01" before the decimal
signifying the article within the Code, and the two figures "01" after
the decimal signifying the first section in Article 101 of the Code.
Penalty sections shall be designated ".99" and shall be the last section
of the article.
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 article:
(a)
Adopting Ordinance. "Adopting Ordinance" means
the ordinance of the City adopting the Codified Ordinances of Lebanon,
Pennsylvania, 1965, in conformity with the Third Class City Code of
Pennsylvania, and this Article 101.
(b)
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.
(c)
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 be Sunday, it shall be excluded. If time is expressed
in hours, the whole of Sunday shall be excluded.
(d)
City and Municipality. "City" and "Municipality"
mean the City of Lebanon, Pennsylvania.
(e)
Conjunctions. "And" includes "or" and "or"
includes "and" if the sense so requires.
(f)
Council. "Council" means the Council of the
City of Lebanon, Pennsylvania.
(g)
County. "County" means the County of Lebanon,
Pennsylvania.
(h)
Fire Department or Fire Bureau. "Fire Department"
or "Fire Bureau" means the Bureau of Fire of the City of Lebanon,
Pennsylvania.
(i)
Gender. Words importing the masculine shall
extend and be applied to the feminine and neuter genders.
(j)
General Rule. Excepting 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.
(k)
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.
(l)
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.
(m)
Land or Real Estate. "Land" or "real estate"
includes rights and easements of incorporeal nature.
(n)
Number. Words in the plural include the singular
and in the singular include the plural number.
(o)
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.
(p)
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.
(q)
Person. "Person" shall extend to and be applied
to associations, clubs, corporations, firms, partnerships and bodies
politic, as well as to individuals.
(r)
Police Department or Bureau. "Police Department"
or "Police Bureau" means the Bureau of Police of the City of Lebanon,
Pennsylvania.
(s)
Premises. "Premises", when used as applicable
to property, extends to and includes land and buildings.
(t)
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.
(u)
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.
(v)
Sidewalk. "Sidewalk" means any portion of
a street between the curb line and the adjacent property line, intended
for the use of pedestrians, excluding parkways.
(w)
State or Commonwealth. "State" or "Commonwealth"
means the Commonwealth of Pennsylvania.
(x)
Street. "Street" shall be construed to include
alleys, avenues, boulevards, lanes, roads, streets and other public
ways in the City.
(y)
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 occupies the whole
or any part of a building or land, alone or with others.
(z)
Tenses. The use of any verb in the present
tense includes the future.
(aa)
Third Class City Code. "The Third Class
City Code" means the Pennsylvania Act of June 28, 1951, P.L. 662,
as amended. The sections of the Third Class City Code may be cited
herein as "3rd Class ________."
(bb)
Written. "Written" or "in writing" shall
be construed to include any representation of words, letters or figures,
whether by printing or otherwise.
Each section and each part of each section of the Codified Ordinances
is declared to be an independent section or part of a section and,
notwithstanding any other evidence of legislative intent, it is declared
to be the controlling legislative intent that if any such section
or part of a section, or any provision thereof, or the application
thereof to any person or circumstances, is held to be invalid, the
remaining sections or parts of sections and the application of such
provision to any other person or circumstances, other than those as
to which it is held invalid, shall not be affected thereby, and it
is declared to be the legislative intent that the Codified Ordinances
would have been adopted independently of such sections or parts of
a section so held to be invalid.
[Ord. 73-1964, 65 § 6, passed 8-9-1965; Ord. 40-1970, 71 § 1, passed 5-24-1971]
Whenever in the Codified Ordinances 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 Codified Ordinances 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 fined not
more than $300 and/or be imprisoned not more than 90 days. Each day's
continued violation shall constitute a separate offense.
