[HISTORY: Adopted by the Borough Council of the Borough of
Cheswick as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-21-1987 by Ord. No. 659]
The codification of a complete body of ordinances of the Borough
of Cheswick, County of Allegheny, Commonwealth of Pennsylvania, as
revised, codified and consolidated into titles, chapters and sections
by General Code Publishers Corp., is hereby approved adopted, ordained
and enacted as the "Code of the Borough of Cheswick," hereinafter
known and referred to as the "Code," pursuant to the Borough Code,
8 Pa.C.S.A. § 3301.5(b).
All provisions of the Code shall be in full force and effect
on and after the effective date of this article.
All ordinances or parts of ordinances of a general and permanent
nature adopted by the Borough of Cheswick and in force on the date
of the adoption of this article and not contained in the Code are
hereby repealed as of the effective date of this article, except as
hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-3 of this article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any
ordinance adopted subsequent to January 6, 1986.
B.
Any
right or liability established, accrued or incurred under any legislative
provision of the Borough prior to the effective date of this article,
or any action or proceeding brought for the enforcement of such right
or liability.
C.
Any
offense or act committed or done before the effective date of this
article in violation of any legislative provision of the Borough or
any penalty, punishment or forfeiture which may result therefrom.
D.
Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this article,
brought pursuant to any legislative provision of the Borough.
E.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Borough.
F.
Any
ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing of grade, changing of name,
improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place.
G.
Any
ordinance or resolution 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.
H.
Any
ordinance authorizing the purchase, sale, lease or transfer of property
or any lawful contract or obligation.
I.
Any
ordinance annexing land to the Borough.
J.
Any
ordinance designating the boundaries of water districts.
K.
The
levy or imposition of taxes, special assessments or charges.
L.
The
dedication of property.
M.
Any
currently effective ordinance or resolution establishing the salaries
or rates of compensation of officers and employees of the Borough.
N.
Resolution
Nos. 8-82, 1-84, 2-84 and 14-84, pertaining to solid waste management.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or the date of adoption of this article are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
A.
In
compiling and preparing the ordinances of the Borough of Cheswick
for adoption and revision as part of the Code, certain grammatical
changes and other minor 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.
B.
Certain
changes of a substantive nature have been made to various ordinances
found within the Code, and certain new materials have been added to
the Code. These changes and additions have been made to bring the
provisions of the Code into conformity with the desired policies of
the Borough Council, and it is the intent of the Borough Council that
all such changes and additions be adopted as part of the Code as if
the ordinances so changed or added had been previously formally amended
or adopted to read as such. Such changes and additions are cited within
the historical statements by the terms "amended at time of adoption
of Code" or "adopted at time of adoption of Code" and are as follows:
(1)
The sections listed below are amended herewith to provide, in substance, that any person violating any of the provisions of the chapter or article involved shall be punishable, upon conviction thereof, by a fine of not less than $50 nor more than $300 and costs of prosecution for each offense or, upon default in payment of the fine and costs, by imprisonment in the county prison for not more than 30 days: §§ 65-6, 65-17, 70-7, 76-13, 85-10 (in addition to the revocation of a license as provided for in § 85-9), 88-7, 88-21, 97-11, 109-2, 115-5A, 120-2, 126-11, 129-8, 135-8, 138-22 (with each day a violation continues constituting a separate offense), 138-32 and 145-27.[1]
[1]
Editor's Note: Pursuant to § 1-6B(2) through (22), which immediately followed this subsection, the following sections and chapters were amended or added: Chs. 16, 123, 141 and 150 and §§ 45-1A, D and E, 45-6, 53-2, 65-3A, 65-4, 65-13, 70-3, 70-4, 73-1, 73-2, 73-3, 73-4, 73-5A, 76-11, 81-2, 81-6, 85-1A, 85-4, 85-7, 88-1, 88-14, 93-3D, 93-5, 97-2, 97-7, 97-8, 101-3, 101-5C, G and H, 101-7C, 101-19C, 120-1B, N and R, 126-7A and B, 129-6, 129-7, 135-29, 135-37, 154-1, 154-3A and B and 154-4D. A complete description of these changes is on file in the office of the Borough Secretary.
A copy of the Code in a post-bound volume has been filed in
the office of the Borough Secretary and shall remain there for use
and examination by the public until final action is taken on this
article; and if this article shall be adopted, such copy shall be
certified to by the Borough Secretary, as provided by law, and such
certified copy shall remain on file in the office of the Borough Secretary,
available to persons desiring to examine the same during all times
while said Code is in effect.
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 references 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.
It shall be the duty of the Borough Secretary, or someone authorized
and directed by the Borough Secretary, to keep up-to-date the certified
copy of the book containing the Code required to be filed in the office
of the Borough Secretary for use by the public. All changes in said
Code and all ordinances 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
ordinances are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the book containing the Code may be purchased from
the Borough Secretary upon the payment of a fee to be set by resolution
of the Borough Council, which may also arrange by resolution for procedures
for the periodic supplementation thereof.
The Borough Secretary, pursuant to law, shall cause to be published,
in the manner required, a notice of the adoption of this article adopting
the Code in a newspaper of general circulation in the Borough. Sufficient
copies of the Code shall be maintained in the office of the Borough
Secretary for inspection by the public at all times during regular
office hours. The enactment and application of this article adopting
the Code, coupled with availability of copies of the Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Code for all purposes.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
Each section of this article is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
[Amended 5-17-1988 by Ord. No. 663-C]
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code, or to
alter or tamper with such Code in any manner whatsoever which will
cause the law of the Borough to be misrepresented thereby. Any person
violating this section of this article shall, upon conviction thereof
before a District Justice, be guilty of a summary offense and shall
be punishable for each offense by a fine of not less than $50 nor
more than $600 per violation, and costs of prosecution, or, upon default
in payment of the fine and costs, by imprisonment in the county prison
for not more than 30 days.
