Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
The ordinances of The Town of McCandless, Allegheny County, Pennsylvania, of a general and permanent nature, as recompiled, revised, codified and renumbered in the component units listed in subsection (b) are hereby approved, ordained and enacted as the Codified Ordinances of The Town of McCandless, 1976.
The Codified Ordinances of The Town of McCandless, 1976, shall consist of the following codes or parts:
Part 1 - Administrative
Part 3 - Business Regulation and Taxation Code
Part 5 - Traffic Code
Part 7 - General Offenses Code
Part 9 - Streets, Utilities and Public Services Code
Part 11 - Health and Sanitation Code
Part 13 - Planning and Zoning Code
Part 15 - Fire Prevention Code
Part 17 - Building Code
One copy of the Codified Ordinances containing each component code or part as listed above shall be filed with the original copy of this ordinance and deemed a part hereof.
Ten days after the notice of enactment of this Adopting Ordinance is published, all provisions of the Codified Ordinances of The Town of McCandless, 1976, shall be in full force and effect, and all prior ordinances or parts of ordinances which are inconsistent with any provision of the Codified Ordinances are hereby repealed, except as specifically saved from repeal in Section 101.03.
The repeal provided for in Section 101.02 shall not affect:
Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Adopting Ordinance;
Any ordinance or resolution promising or guaranteeing the payment of money by or to the Town, or authorizing the issuance of any bonds, or any evidence of the Town's indebtedness, or any contract or obligation assumed by the Town;
Any administrative ordinance or resolution of the Town not in conflict or inconsistent with the provisions of these Codified Ordinances;
Any right, license, privilege or franchise conferred by any ordinance or resolution of the Town on any person or corporation;
Any ordinance establishing, naming, relocating or vacating any street or public way;
Any ordinance levying or imposing taxes, assessments or charges;
Any ordinance providing for positions, duties, vacations, sick leave, term leave pay or compensation;
Any ordinance establishing or changing the boundaries of the Town;
Any prosecution, suit or other proceeding pending, or any judgment rendered prior to the effective date of this Adopting Ordinance.
The Codified Ordinances of The Town of McCandless, 1976, may be amended or supplemented as provided by law. When any amendment or supplement is adopted in such form as to indicate the intention of the Town 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 to include both the Codified Ordinances of The Town of McCandless, 1976, and any and all such amendments and supplements.
All amendments and supplements enacted as a part of the Codified Ordinances shall be integrated therewith by following the form of arrangement and plan of the original Codified Ordinances as follows. Each part shall be subdivided into titles, articles and sections respectively. 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 digit "1" signifying Part 1, the two digits "01" before the decimal signifying the article within the part, and the two digits "01" after the decimal signifying the first section in Article 101 of the part. Penalty sections shall be numbered "99" and shall be the last section within an article.
Notwithstanding subsection (a) above, the failure to classify or properly number any ordinance section amending the Codified Ordinances shall not invalidate the provisions of any such sections.
The Codified Ordinances of The Town of McCandless, 1976, including any amendments or supplements, shall be known and referred to as the "Codified Ordinances". Sections of the Codified Ordinances may be referred to and cited in the form "Section __________" as may be applicable and appropriate to any section.
The Secretary of the Town Council, in addition to the book-form copy to be attached hereto pursuant to Section 101.01(c), shall keep one master copy in book form and, in connection therewith or attached thereto in such form and manner as he may determine to be most easily available for ready reference, one copy of all amendments and supplements bearing such code, title, article or section designation as may be proper. If in doubt as to such designation, the Town Secretary shall be guided by the advice of the Town Attorney.
The Secretary's master copy shall be a public record, but it shall not be his duty or responsibility to furnish extra copies of any material in the master copy.
In the construction of the Codified Ordinances the following rules shall control, except those inconsistent with the manifest intent of the Town Council as disclosed in a particular provision, section or part:
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.
Conjunctions. "And" includes "or" and "or" includes "and", if the sense so requires.
Council. The term "Council" or "Town Council" means the legislative body of the Town.
County. The word "County" means Allegheny County, Pennsylvania.
Gender. Words importuning the masculine shall extend and be applied to the feminine and neuter genders.
General rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of language. However, 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.
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.
Number. Words in the plural include the singular and words in the singular include the plural number.
Owner. The word "owner", when applied to property, includes any part owner, joint owner or tenant-in-common of the whole or any part of such property.
Person. The word "person" shall extend to and be applied to associations, clubs, corporations, firms and partnerships, as well as to individuals.
Premises. The word "premises", when used as applicable to property, extends to and includes land and buildings.
Public authority. The term "public authority" extends to and includes the Board of Education, the Town, the County, the Commonwealth of Pennsylvania, the United States of America and any duly authorized public official.
Property. The word "property" includes real and personal, and any mixed and lesser estates or interests therein. The words "personal property" include every kind of property except real property. The words "real property" include lands, tenements and hereditaments.
Reasonable time. In all cases where provisions 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.
State and Commonwealth. The words "State" and "Commonwealth" mean the Commonwealth of Pennsylvania.
Street and road. The words "street" and "road" include avenues, alleys, courts, boulevards, lanes, roads, streets and other public ways and squares in the Town.
Tenant or occupant. The words "tenant" or "occupant", as applied to a 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.
Tenses. The use of any verb in the present tense includes the future tense.
Town or municipality. The words "Town" or "Municipality" mean the Town of McCandless, Allegheny County, Pennsylvania.
Town Manager. The term "Town Manager" or "Manager" means the chief administrative officer of the Town.
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 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 section, sections or parts of a section so held to be invalid.
This Adopting Ordinance shall be enacted, and legal advertisement effective, in conformity with the provisions of the Charter and State law.
Whenever, in the Codified Ordinances or in any ordinance of the Town, 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 otherwise provided therefor, the violator of any such provision or any ordinance shall be fined not more than $300 and costs and, in default of payment thereof, shall be imprisoned not more than 30 days.