CROSS REFERENCES
Compilation and codification of City ordinances — See
3rd Class Charter Law § 609 (53 P.S. § 41609);
3rd Class § 1014.1 (53 P.S. § 36014.1).
[NOTE: The provisions of this Article 101 were incorporated
in the ordinance which adopted the Codified Ordinances of Erie, Pennsylvania,
1966.]
(a)
The ordinances of the City of Erie, 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 November
15, 1966, and are hereby approved, adopted and enacted as the Codified
Ordinances of Erie, Pennsylvania, 1966.
(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. (Adopting Ordinance)
The Codified Ordinances of Erie, Pennsylvania, 1966, hereby
adopted, shall be comprised of the following component parts:
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Part One - Administrative Code
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Part Three - Business Regulation and Taxation Code
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Part Five - Traffic Code
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Part Seven - General Offenses Code
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Part Nine - Streets, Utilities and Public Services Code
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Part Eleven - Public Health Code
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Part Thirteen - Zoning Code
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Part Fifteen - Fire Prevention Code
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Part Seventeen - Building Code
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Part Nineteen - Housing Code
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The Codified Ordinances of Erie, Pennsylvania, 1966, 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"; sections of the Codified Ordinances may be cited by the number, such as Section 101.01. (Adopting Ordinance)
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(a)
The Codified Ordinances of Erie, Pennsylvania, 1966, 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 Erie, Pennsylvania,
1966, 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 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, and 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. (Adopting Ordinance)
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 — The ordinance of the City adopting the
Codified Ordinances of Erie, Pennsylvania, 1966, 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 — The terms "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 — The City of Erie, Pennsylvania.
(e)
CONJUNCTIONS — "And" includes "or" and "or" includes "and,"
if the sense so requires.
(f)
COUNCIL — The Council of the City of Erie, Pennsylvania.
(g)
COUNTY — The County of Erie, Pennsylvania.
(h)
GENDER — Words importing the masculine shall extend and be
applied to the feminine and neuter genders.
(i)
GENERAL RULE — Excepting as otherwise provided in this section,
words and phrases shall be construed according to the common usage
of the 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.
(j)
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.
(k)
KEEPER or PROPRIETOR — Persons, firms, associations, corporations,
clubs and copartnerships, whether acting by themselves or as a servant,
agent or employee.
(l)
LAND or REAL ESTATE — Rights and easements of incorporeal nature.
(m)
NUMBER — Words in the plural include the singular and in the
singular include the plural number.
(n)
OATH — 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 shall have
the same force and effect as an oath.
(o)
OWNER — When applied to property, includes a part owner, joint
owner or tenant in common of the whole or any part of such property.
(p)
PERSON — Associations, clubs, corporations, firms, partnerships
and bodies politic, as well as to individuals.
(q)
PREMISES — When used as applicable to property, extends to
and includes land and buildings.
(r)
PROPERTY — Real and personal, and any mixed and lesser estates
or interests therein; the words "personal property" include every
kind of property except real property, and the words "real property"
include lands, tenements and hereditaments.
(s)
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.
(t)
SIDEWALK — Any portion of a street between the curb line and
the adjacent property line, intended for the use of pedestrians, excluding
parkways.
(u)
STATE or COMMONWEALTH — The Commonwealth of Pennsylvania.
(v)
STREET — Shall be construed to include alleys, avenues, boulevards,
lanes, roads, streets and other public ways in the City.
(w)
TENANT or OCCUPANT — As applied to buildings 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.
(x)
TENSES — The use of any verb in the present tense includes
the future.
(y)
THIRD CLASS CITY CODE — The Pennsylvania Act of June 28, 1951
(P.L. 662), as amended.
(z)
OPTIONAL THIRD CLASS CITY CHARTER LAW — The Pennsylvania Act
of July 15, 1957 (P.L. 901), as amended.
(aa)
TIME — Whenever any time established in the Codified Ordinances
for the taking of any action expires on a Sunday or legal holiday,
such time shall not expire on such day but shall expire on the next
week day. (Adopting Ordinance)
Each section and each part of each section of the Codified Ordinances
is hereby declared to be an independent section or part of a section,
and notwithstanding any other evidence of legislative intent, it is
hereby 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 hereby 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. (Adopting Ordinance)
The following sections of the 1941 Digest of the General Ordinances
and Laws of the City of Erie and ordinances are hereby specifically
repealed as either obsolete or in conflict with provisions of the
Codified Ordinances.[1] All other ordinances in conflict with the provisions of
the Codified Ordinances of Erie, Pennsylvania, 1966, are hereby repealed.
(Adopting Ordinance)
[1]
Editor's Note: See a copy of the original Adopting Ordinance
for a list of Digest sections and ordinances repealed.
The repeals provided for in Section 101.06 shall not affect:
(a)
Any offense or act committed or done, or any penalty or forfeiture
incurred, or any contract or right established or accruing before
the adoption of these Codified Ordinances.
(b)
Any ordinance or resolution promising or guaranteeing the payment
of money by or to the City, or authorizing the issuance of any bonds
of the City, or any evidence of the City's indebtedness, or any
contract or obligation assumed by the City.
(c)
The administrative ordinances or resolutions of Council not in conflict
or inconsistent with the provisions of the Codified Ordinances.
(d)
Any right, license or franchise conferred by any ordinance or resolution
of Council on any person or corporation.
(e)
Any ordinance establishing, naming, relocating or vacating any street
or public way.
(f)
Any ordinance or part thereof providing for the establishment of
positions, for salaries or compensation.
(g)
Any prosecution, suit or other proceeding pending, or any judgment
rendered on or prior to the adopting of these Codified Ordinances.
(h)
Any ordinance levying or imposing taxes or assessments.
(i)
Any ordinance establishing or changing the boundaries of the City.
(j)
Any ordinance or resolution adopted by Council after the adoption
of the Codified Ordinances. (Adopting Ordinance)
