[Ord. 231, 10/14/2008]
The short title of this Code of Ordinances prepared and published
for the Township of Old Lycoming shall be the "Township of Old Lycoming
Code of Ordinances."
[Ord. 231, 10/14/2008]
The Township of Old Lycoming 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. 231, 10/14/2008]
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.
Subitems, identified small Roman numerals.
[Ord. 231, 10/14/2008]
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. 231, 10/14/2008]
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. 231, 10/14/2008]
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 Township of Old Lycoming, it
is the intention of the Board of Supervisors that no ordinance or
regulation of the Township be amended, revised or repealed by implication.
4.
Resolutions. The provisions of this Code of Ordinances may contain
resolutions, that is, actions of the Board of Supervisors of the Township
of Old Lycoming (in written form and designated "resolution") which
did not require prior public notice in accordance with the provisions
of the Second Class Township Code, 53 P.S. § 65101 et seq.,
at the time of their passage by the Board of Supervisors. Such "resolutions"
are included herein for ease of reference, and the Board of Supervisors
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 Board of Supervisors that such actions of the Board of Supervisors
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.
[Ord. 231, 10/14/2008]
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, clauses
into subclauses, and subclauses into items, designated as follows:
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1.
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Subsection.
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[Ord. 231, 10/14/2008]
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 or point number suffix 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 units, 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. 231, 10/14/2008]
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 Board of Supervisors.
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 revised 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 Board of Supervisors 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 Board of Supervisors 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 Board of Supervisors 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. 231, 10/14/2008]
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 Board of Supervisors.
[Ord. 231, 10/14/2008]
1.
Penalty Where No Penalty Provided. Whenever in this Code or in any
ordinance of the Township any act is prohibited or is declared to
be unlawful, or whenever in this Code or other ordinance the doing
of any act is declared to be unlawful, and no specific penalty is
provided therefor:
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 shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, or other maximum
as established by state law, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
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., earned income tax ordinances adopted under the Local Tax Enabling Act, 53 P.S. § 6913, and ordinances adopted under the authority of the Sewage Facilities Act, 35 P.S. § 750.1 et seq., should provide, generally:
(1)
Any person, partnership or corporation who or which has violated
or permitted the violation of any provision of this Part, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment of not more that $600 plus all
court costs or other maximum as established by state law. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by a magisterial district judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable rules
of civil procedure, at which time, in addition to any penalties, the
violator shall be liable for any attorneys' fees and costs incurred
by the Township. Each day that a violation continues or each section
of this part which shall be found to have been violated shall constitute
a separate violation.
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 Township 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.
