(a)
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.
(b)
The Codified Ordinances of The Town of McCandless, 1976, shall consist
of the following codes or parts:
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Part 1 - Administrative
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Part 3 - Business Regulation and Taxation Code
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Part 5 - Traffic Code
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Part 7 - General Offenses Code
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Part 9 - Streets, Utilities and Public Services Code
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Part 11 - Health and Sanitation Code
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Part 13 - Planning and Zoning Code
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Part 15 - Fire Prevention Code
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Part 17 - Building Code
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(c)
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prior ordinances or parts of ordinances which are inconsistent with any provision of the Codified Ordinances are hereby repealed, except as specifically saved from repeal in Section 101.03.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:
(a)
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;
(b)
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;
(c)
Any administrative ordinance or resolution of the Town not in conflict
or inconsistent with the provisions of these Codified Ordinances;
(d)
Any right, license, privilege or franchise conferred by any ordinance
or resolution of the Town on any person or corporation;
(e)
Any ordinance establishing, naming, relocating or vacating any street
or public way;
(f)
Any ordinance levying or imposing taxes, assessments or charges;
(g)
Any ordinance providing for positions, duties, vacations, sick leave,
term leave pay or compensation;
(h)
Any ordinance establishing or changing the boundaries of the Town;
(i)
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.
(a)
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.
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.
(a)
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.
(b)
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:
(a)
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.
(b)
Conjunctions. "And" includes "or" and "or" includes "and", if the
sense so requires.
(c)
Council. The term "Council" or "Town Council" means the legislative
body of the Town.
(d)
County. The word "County" means Allegheny County, Pennsylvania.
(e)
Gender. Words importuning the masculine shall extend and be applied
to the feminine and neuter genders.
(f)
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.
(g)
Number. Words in the plural include the singular and words in the
singular include the plural number.
(h)
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.
(i)
Person. The word "person" shall extend to and be applied to associations,
clubs, corporations, firms and partnerships, as well as to individuals.
(j)
Premises. The word "premises", when used as applicable to property,
extends to and includes land and buildings.
(k)
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.
(l)
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.
(m)
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.
(n)
State and Commonwealth. The words "State" and "Commonwealth" mean
the Commonwealth of Pennsylvania.
(o)
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.
(p)
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.
(q)
Tenses. The use of any verb in the present tense includes the future
tense.
(r)
Town or municipality. The words "Town" or "Municipality" mean the
Town of McCandless, Allegheny County, Pennsylvania.
(s)
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.
