[Ord. 976, 1/16/2008]
The short title of this Code of Ordinances prepared and published
for Forest Hills Borough shall be the "Forest Hills Borough Code of
Ordinances."
[Ord. 976, 1/16/2008]
The Forest Hills Borough 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. 976, 1/16/2008]
1.
This Code is divided into chapters, which are subdivided as follows:
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.
Items, identified by small Roman numerals.
[Ord. 976, 1/16/2008]
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. 976, 1/16/2008]
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. 976, 1/16/2008]
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 of the Forest Hills Borough, it is
the intention of the Borough Council that no ordinance or regulation
of the Borough be amended, revised or repealed by implication.
4.
Resolutions. The provisions of this Code of Ordinances may contain
resolutions, that is, actions of the Borough Council of the Forest
Hills Borough (in written form and designated "resolution") which
did not require prior public notice in accordance with the provisions
of the Borough Code, 53 P.S. § 45101 et seq., at the time
of their passage by the Borough Council. Such "resolutions" are included
herein for ease of reference and the Borough Council 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 Borough
Council that such actions of the Borough Council 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.
5.
Definitions.
A.
As used in this Code, the term "Borough Manger" or "Manager" shall mean that individual appointed as Manager of the Borough pursuant to Ord. 475, 8/24/1966; as amended by Ord. 830, 3/18/1992 [Chapter 1, Part 2A], or successor ordinance, or such officer's designee or other designee of Council for the purpose provided.
B.
As used in this Code, the term "Code Official" shall refer to and
include the Zoning Officer (or such officer's designee), the Code
Enforcement Officer (or such officer's designee), the Building Inspector
(or such officer's designee), the Chief of Police (or such officer's
designee), the Fire Marshall (or such officer's designee) or such
other individual or officer as may be designated from time to time
by the Borough Manager and/or the Borough Council.
[Ord. 976, 1/16/2008]
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. 976, 1/16/2008]
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 or point number 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 §§ 5-105 and 5-106 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 unites, 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. 976, 1/16/2008]
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 Borough Council.
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 revise 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 Borough Council 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 Borough
Council 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 Borough Council 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. 976, 1/16/2008]
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 Borough Council.
[Ord. 976, 1/16/2008]
1.
Penalty Where No Penalty Provided. Unless otherwise prescribed by
a general law of the Commonwealth of Pennsylvania, any violation or
failure to comply with any provision of this Code or any other ordinance
of Forest Hills Borough shall constitute a summary offense and prosecution
of every such offense shall be in the manner provided for the enforcement
of summary offenses under the laws of the Commonwealth and the Pennsylvania
Rules of Criminal Procedure, Pa.R.Crim.P., 42 Pa.C.S.A., and the Pennsylvania
Rules for Magisterial District Judges, Pa.R.M.J.D., 42 Pa.C.S.A.,
both as adopted by the Pennsylvania Supreme Court.
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 violates a provision of the ordinance, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with this Chapter 1 of this Code.
(2)
A separate offense shall arise for each day or portion thereof
in which a violation is found to exist or for each section of the
ordinance found to have been violated. All fines and penalties for
the violation of this Part shall be paid to the Borough Treasurer.
(3)
The Borough may also commence appropriate actions in equity
or other to prevent, restrain, correct, enjoin, or abate violations
of the ordinance.
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., and earned income tax ordinances adopted under the Local Tax Enabling Act, 53 P.S. § 6913, should provide, generally:
(1)
Any person, firm or corporation who violates a provision of the ordinance, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $600 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
(2)
A separate offense shall arise for each day or portion thereof
in which a violation is found to exist or for each section of the
ordinance found to have been violated. All fines and penalties for
the violation of this Part shall be paid to the Borough Treasurer.
(3)
The Borough may also commence appropriate actions in equity
or other to prevent, restrain, correct, enjoin, or abate violations
of the ordinance.
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 Borough 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.
[Ord. 976, 1/16/2008; as amended by Ord. 999, 5/19/2010,
§ 1]
The initial determination of a violation of this Code or other
Borough ordinance and the service of a notice of violation, where
required, are hereby delegated to the Borough Manager, the Police
Chief, Borough Police Officers, the Code Official/Building Inspector,
the Zoning Officer, the Code Enforcement Officer and their designees
and to any other officer or agent that the Borough Manager or the
Borough Council deems appropriate.
[Ord. 976, 1/16/2008; as added by Ord. 999, 5/19/2010, § 2]
Forest Hills Borough Police Officers, Chief of Police, Code Enforcement Officer and Borough Manager are authorized to issue tickets for the violation of any provision of this Code, except for violations of Chapter 5 [Code Enforcement], Chapter 6 [Conduct], Chapter 9 [Grading and Excavating], Chapter 10 [Health and Safety], Chapter 13 [Licenses, Permits and General Business Regulations], Chapter 18 [Sewers], Chapter 22 [Subdivision and Land Development], Chapter 24 [Taxation; Special], Chapter 27 [Zoning] and except for a violation of any provision of this Code requiring notice of violation. This ticket shall be in the form approved from time to time by resolution of the Borough Council and shall, unless otherwise provided in this Code, provide the violator with the option of pleading guilty to the violation prior to the issuance of a citation by paving a minimum fine of $25 in discharge of the particular violation in question for the particular date in question. If the violator fails to plead guilty and pay the minimum fine of $25 within 48 hours of the date and time of the ticket, then the appropriate Borough officials may proceed as otherwise authorized by this Part 1B, when, in the discretion of the Borough officials set forth in this section, the issuance of a ticket pursuant to this section is not appropriate, the Borough officials set forth in the section may proceed to issue a citation as otherwise authorized by this Part 1B.
