Borough of Palmerton, PA General Provisions

[HISTORY: Adopted by the Borough Council of the Borough of Palmerton as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 2-27-2020 by Ord. No. 745]

§ 1-1 Approval, adoption and enactment of Code.

Pursuant to Section 3301.5 of the Borough Code (8 Pa.C.S.A. § 3301.5), the codification of a complete body of legislation for the Borough of Palmerton, County of Carbon, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 123, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Palmerton, which shall be known and is hereby designated as the "Code of the Borough of Palmerton," hereinafter referred to as the "Code."

§ 1-2 Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of the 1980 Code of Ordinances and ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Palmerton, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below.

§ 1-3 Inconsistent legislation repealed.

Repeal of inconsistent ordinances. Except as provided in § 1-4, Legislation saved from repeal; matters not affected by repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-15; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of Palmerton which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-4 Legislation saved from repeal; matters not affected by repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:

Any ordinance adopted subsequent to April 25, 2019.

Any right or liability established, accrued or incurred under any legislative provision of the Borough prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability or any cause of action acquired or existing.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Borough or any penalty, punishment or forfeiture which may result therefrom.

Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance, brought pursuant to any legislative provision of the Borough.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Borough or any lawful contract, obligation or agreement.

Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Borough or other instruments or evidence of the Borough's indebtedness.

Any ordinance adopting an annual budget or establishing an annual tax rate.

Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.

Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.

Any ordinance annexing land to the Borough.

Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.

Any ordinance or part of an ordinance providing for laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, sidewalk, park or other public place or property or designating various streets as public highways.

Any ordinance establishing water, sewer or other special purpose districts and designating the boundaries thereof; providing for a system of sewers or water supply lines; or providing for the construction, extension, dedication, acceptance or abandonment of any part of a system of sewers or water supply lines.

Any ordinance providing for the making of public improvements.

Any ordinance providing for the salaries and compensation of officers and employees of the Borough or setting the bond of any officer or employee.

Any ordinance concerning changes and amendments to the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Borough.

Any currently effective ordinance providing for intergovernmental cooperation or establishing an intermunicipal agreement.

§ 1-5 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.

§ 1-6 Changes and revisions in previously adopted legislation; new provisions.

Nonsubstantive changes. In compiling and preparing the ordinances of the Borough for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances. It is the intention of the Borough Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A[1] attached hereto and made a part hereof, are hereby made to various ordinances included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15.

[1]

Editor's Note: In accordance with § 1-6B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 2-27-2020 by Ord. No. 745." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.

Nomenclature changes and revisions.

(1)

"Justice of the Peace" and "District Justice" are amended to read "Magisterial District Judge."

(2)

"Department of Community Affairs" is amended to read "Department of Community and Economic Development."

(3)

"Department of Environmental Resources" is amended to read "Department of Environmental Protection."

(4)

Throughout Chapter 42, Building Construction, the term "Federal Insurance Administration" is amended to read "Federal Insurance and Mitigation Administration."

(5)

Throughout Chapter 70, Insurance, the term "city" is amended to read "Borough."

(6)

Throughout Chapter 115, Taxation, references to the Local Tax Enabling Act (Act of June 25, 1947) are updated to 53 P.S. § 6924.101 et seq.

Statutory reference updates.

§ 1-7 Interpretation of provisions.

In interpreting and applying the provisions of the Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of the Code impose greater restrictions or requirements than those of any statute, other ordinance, or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, or regulation shall control.

§ 1-8 Titles and headings; editor's notes.

Chapter and article titles, headings and titles of sections and other divisions in the Code or in supplements made to the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

§ 1-9 Filing of copy of Code.

At least one copy of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Borough Manager/Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Borough Manager/Secretary, as provided by law, and such certified copy or copies shall remain on file in the office of the Borough Manager/Secretary, available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-10 Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intention of the Borough Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such changes. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing said Code as amendments and supplements thereto.

§ 1-11 Code books to be kept up-to-date.

It shall be the duty of the Borough Manager/Secretary or someone authorized and directed by him or her to keep up-to-date the certified copy or copies of the book containing the Code required to be filed in the office of the Borough Manager/Secretary for the use of the public. All changes in said Code and all legislation adopted by the Borough Council subsequent to the effective date of this codification which the Borough Council shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new legislation are printed as supplements to said Code books, at which time such supplements shall be inserted therein.

§ 1-12 Publication of notices.

The Borough Manager/Secretary, pursuant to law, shall cause to be published in the manner required a notice of the introduction and of the adoption of the Code in a newspaper of general circulation in the Borough. The enactment and application of this ordinance, coupled with the publication of the notice of introduction, the availability of a copy or copies of the Code for inspection by the public and the filing of an attested copy of this ordinance with the county, as required by law, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-13 Altering or tampering with Code; violations and penalties.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with the Code or any part or portion thereof in any manner whatsoever which will cause the law of the Borough to be misrepresented thereby. Any person who violates or permits a violation of this section of this ordinance shall, upon being found liable therefor in a civil enforcement proceeding, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Borough in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

§ 1-14 Severability.

The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, article, chapter or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section, article, chapter or part thereof rendered illegal, invalid or unconstitutional. It is hereby declared to be the intent of the Borough Council that this ordinance and the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein.

§ 1-15 Effective date.

All provisions of this ordinance and of the Code shall be in force and effect upon adoption of this ordinance.

Article II Violations and Penalties

§ 1-17 Penalties.

[Amended 9-26-2002 by Ord. No. 601; 2-27-2020 by Ord. No. 745]

Except where specific maximum penalties are provided elsewhere in this Code, in a law of the commonwealth or in another ordinance of the Borough for a particular violation, any person who shall violate any provision of this Code, any provision of any code or other regulation adopted by reference by this Code or any provision of any other Borough ordinance referring to these general penalty provisions, by doing any act prohibited or declared to be unlawful thereby or declared to be a violation thereby, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required thereby without having a valid license or permit therefor as required, or who shall fail to do any act required by any such provisions, or who shall fail to do any act when such provision declares such failure to be unlawful or to be a violation shall, upon conviction thereof, be punishable as follows:

Criminal enforcement; enforcement as summary offenses. Any person who violates or permits a violation of this Code regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, or water, air or noise pollution shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Carbon County.

Civil enforcement. Any person who violates or permits a violation of this Code other than those regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, or water, air or noise pollution shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Carbon County.

§ 1-18 Continuing violations.

Where provided in any chapter of this Code or in any other ordinance of the Borough, the continuation of a violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

§ 1-19 Additional remedies.

The imposition of a penalty as provided above, or as specifically provided in any other chapter of this Code or other ordinance of the Borough, shall be in addition to any injunctive or remedial relief which is authorized under the laws of the commonwealth, with the same force and effect as though provided for herein. Such penalty shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.

§ 1-20 Disposition of fines.

Unless provided otherwise in the laws of the commonwealth, all fines or penalties collected for violations of provisions of this Code or of other ordinances of the Borough shall be paid to the Borough Treasurer.