Township of Upper Darby, PA General Provisions

[HISTORY: Adopted by the Township Council of the Township of Upper Darby as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 11-11-2020 by Ord. No. 3082]

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

Pursuant to Section 1502, Clause I, of the First Class Township Code (53 P.S. § 56502, Clause I), the codification of a complete body of legislation for the Township of Upper Darby, County of Delaware, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 550, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Upper Darby, which shall be known and is hereby designated as the "Code of Ordinances of the Township of Upper Darby," 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 ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Township Council of the Township of Upper Darby, and it is the intention of said Township 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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§ 1-3 Inconsistent legislation repealed.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or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-15; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of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 Township of Upper Darby which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

Repeal of specific ordinances. The Township Council of the Township of Upper Darby has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:

(1)

Ordinance No. 5, Supervisors, adopted March 17, 1906.

(2)

Ordinance No. 10, Nuisances (privy wells and pig pens), adopted April 3, 1906.

(3)

Ordinance No. 12, Peddling and Soliciting: Hucksters and Peddlers, adopted May 1, 1906.

(4)

Ordinance No. 13, Sewers and Sewage Disposal: Private Drains, adopted May 1, 1906.

(5)

Ordinance No. 34, Cemeteries: Establishment or Expansion Prohibited, adopted May 19, 1908.

(6)

Ordinance No. 38, Cemeteries: Permits for Removal of Bodies, adopted September 1, 1908.

(7)

Ordinance No. 39, Cemeteries: Report of Burials, adopted May 5, 1909.

(8)

Ordinance No. 67, Poles and Wires, adopted December 7, 1909.

(9)

Ordinance No. 112, Sewers and Sewage Disposal: Sewer System Plumbing and Drainage, adopted April 21, 1914.

(10)

Ordinance No. 123, Health and Sanitation: Requirements and Standards, adopted September 28, 1915, as amended by Ord. No. 340, adopted January 7, 1930, and Ord. No. 1438, adopted February 3, 1959.

(11)

Ordinance No. 142, Bureau of Public Works, adopted April 13, 1917, as amended by Ord. No. 153, adopted April 2, 1918.

(12)

Ordinance No. 182, Nuisances: Public or Common Nuisances, adopted January 25, 1921.

(13)

Ordinance No. 183, Amusements, Exhibitions and Entertainment: Operation of Amusements on Sundays, adopted June 7, 1921.

(14)

Ordinance No. 205, Peddling and Soliciting: Hucksters and Peddlers Amendment, adopted March 7, 1922.

(15)

Ordinance No. 208, Amusements, Exhibitions and Entertainment: Amusement Parks, adopted June 13, 1922.

(16)

Ordinance No. 221, Officers and Employees: Fire Marshal, adopted February 6, 1923.

(17)

Ordinance No. 226, Railway Cars and Trolleys: Use of Arc Headlights, adopted July 3, 1923.

(18)

Ordinance No. 250, Peace and Good Order: Gambling and Prostitution, adopted June 2, 1925.

(19)

Ordinance No. 288, Milk, adopted May 25, 1927, as amended by Ord. No. 1307, adopted June 4, 1957; Ord. No. 1643, adopted March 6, 1962; Ord. No. 1659, adopted May 16, 1962; Ord. No. 2144, adopted August 18, 1970; and Ord. No. 2197, adopted June 15, 1971.

(20)

Ordinance No. 289, Peddling and Soliciting: Location Restrictions, adopted June 7, 1927.

(21)

Ordinance No. 300, Highway Department: Enforcement Duties, adopted April 3, 1928.

(22)

Ordinance No. 314, Amusements, Exhibitions and Entertainment: Public Carnivals, adopted July 3, 1928.

(23)

Ordinance No. 316, Streams and Watercourses: Stream Culvert Intakes, adopted October 2, 1928.

(24)

Ordinance No. 317, Fire Prevention: Burning Restrictions; Storage and Disposal of Combustible Materials, adopted October 2, 1928, as amended by Ord. No. 608, adopted June 9, 1942.

(25)

Ordinance No. 320, Department of Law, adopted January 2, 1929, as amended by Ord. No. 345, adopted March 4, 1930.

(26)

Ordinance No. 355, Property Maintenance: Brush, Grass and Weeds, adopted October 7, 1930.

(27)

Ordinance No. 367, Officers and Employees: Assistant Secretary, adopted July 28, 1931.

(28)

Ordinance No. 372, Peddling and Soliciting: Transient Retail Businesses, adopted December 15, 1931.

(29)

Ordinance No. 378, Littering: Handbills, Advertisements and Other Waste Paper, adopted May 3, 1932.

(30)

Ordinance No. 398, Pawnbrokers, adopted November 8, 1933, as amended by Ord. No. 403, adopted April 3, 1934.

(31)

Ordinance No. 407, Amusements, Exhibitions and Entertainment: Miniature Golf Courses, Tennis Courts and Other Outdoor Public Amusements, adopted June 5, 1934.

(32)

Ordinance No. 408, Amusements, Exhibitions and Entertainment: Boxing Exhibitions, Wrestling Matches, Prize Fights, Circuses and Carnivals, adopted June 5, 1934, as amended by Ord. No. 768, adopted December 7, 1948; Ord. No. 951, adopted October 2, 1951; and Ord. No. 2626, adopted June 1, 1983.

(33)

Ordinance No. 413, Gasoline Tanks, adopted February 5, 1935.

(34)

Ordinance No. 415, Boards, Committees and Commissions: Joint Sewer Board, adopted October 22, 1935.

(35)

Ordinance No. 433, Solid Waste: Keeping, Handling and Collection of Garbage and Offal, adopted February 2, 1937, as amended by Ord. No. 507, adopted September 25, 1939, and Ord. No. 634, adopted July 5, 1944.

(36)

Ordinance No. 435, Solid Waste: Garbage Collection Permits, adopted March 2, 1937, as amended by Ord. No. 436, adopted June 8, 1937.

(37)

Ordinance No. 533, Amusements, Exhibitions and Entertainment: Hours of Operation Restricted, adopted August 6, 1940.

(38)

Ordinance No. 539, Peace and Good Order: Registration of Residents Convicted of Certain Criminal Acts, adopted July 9, 1940.

(39)

Ordinance No. 574, Air Pollution: Smoke From Chimneys, Smokestacks and Other Structures, adopted July 1, 1941.

(40)

Ordinance No. 601, Emergency Management: Procedures During Air Raids, Periods of Defense and Blackouts, adopted February 3, 1942.

(41)

Ordinance No. 616, Peace and Good Order: Trespassing in Victory Gardens, adopted April 6, 1943.

(42)

Ordinance No. 635, Real Estate Registry, adopted July 5, 1944.

(43)

Ordinance No. 691, Streets and Sidewalks: Maintenance of Trees in Right-of-Way, adopted March 4, 1947.

(44)

Ordinance No. 739, Concessions, adopted June 1, 1948, as amended by Ord. No. 771, adopted December 7, 1948.

(45)

Ordinance No. 872, Sewers and Sewage Disposal: Garbage and Obstructions in Sewers, adopted August 1, 1950.

(46)

Ordinance No. 910, Trapping, adopted February 6, 1951.

(47)

Ordinance No. 956, Poolrooms and Billiard Rooms, adopted November 7, 1951, as amended by Ord. No. 2618, adopted December 1, 1982; Ord. No. 2730, adopted December 7, 1988; and Ord. No. 2785, adopted November 4, 1992.

(48)

Ordinance No. 1035, Social Security, adopted December 2, 1952.

(49)

Ordinance No. 1050, Property, Abandoned: Bicycles and Play Equipment, adopted March 3, 1953, as amended by Ord. No. 1253, adopted July 3, 1956.

(50)

Ordinance No. 1063, Firearms, Weapons and Explosives: Switch Blades, adopted May 5, 1953.

(51)

Ordinance No. 1095, Property, Abandoned: Refrigerators and Iceboxes, adopted November 4, 1953, as amended by Ord. No. 1253, adopted July 3, 1956.

(52)

Ordinance No. 1106, Solid Waste: Collection of Combustible Materials and Waste, adopted December 8, 1953, as amended by Ord. No. 1111, adopted January 5, 1954; Ord. No. 2093, adopted December 31, 1969; Ord. No. 2264, adopted June 27, 1972; and Ord. No. 2728, adopted December 7, 1988.

(53)

Ordinance No. 1183, Solid Waste: Transport of Animal Waste Matter, adopted June 7, 1955.

(54)

Ordinance No. 1184, Advertising Materials: Placement on Motor Vehicles, adopted July 5, 1955.

(55)

Ordinance No. 1747, Traffic Court, adopted November 6, 1963.

(56)

Ordinance No. 1897, Swimming Pools, adopted June 7, 1966, as amended by Ord. No. 1956, adopted June 6, 1967; Ord. No. 2415, adopted August 20, 1974; and Ord. No. 2609, adopted September 1, 1982.

(57)

Ordinance No. 2112, Auditor, adopted March 3, 1970, as amended by Ord. No. 2162, adopted December 15, 1970.

(58)

Ordinance No. 2420, Massage Businesses, adopted September 17, 1974, as amended by Ord. No. 2523, adopted July 19, 1977, and Ord. No. 2527, adopted October 4, 1977.

(59)

Ordinance No. 2492, Alarm Systems, adopted April 20, 1976, as amended by Ord. No. 2496, adopted May 18, 1976, and Ord. No. 2499, adopted July 6, 1976.

(60)

Ordinance No. 2531, Fire Prevention: Adoption of Standards, adopted December 6, 1977, as amended by Ord. No. 2560, adopted July 5, 1979; Ord. No. 2615, adopted November 3, 1982; and Ord. No. 2627, adopted July 6, 1983.

(61)

Ordinance No. 2567, Heating Equipment, adopted October 1, 1980, as amended by Ord. No. 2856, adopted April 16, 1997.

(62)

Ordinance No. 2669, Fire Prevention: Smoke and Heat Detecting Devices, adopted March 19, 1986, as amended by Ord. No. 2671, adopted April 16, 1986.

(63)

Ordinance No. 2710, Fences, adopted January 6, 1988, as amended by Ord. No. 2789, adopted February 3, 1993, and Ord. No. 2833, adopted May 15, 1996.

(64)

Ordinance No. 2781, Tobacco Products, Sale of: Youth Access to Tobacco, adopted October 7, 1992, as amended by Ord. No. 2796, adopted March 3, 1993.

(65)

Ordinance No. 2797, Signs, adopted May 19, 1993, as amended by Ord. No. 2800, adopted July 21, 1993, and Ord. No. 2844, adopted November 6, 1996.

(66)

Ordinance No. 2847, Emergency Services Reimbursement: Recovery of Costs for Motor Vehicle Accidents, adopted December 4, 1996.

§ 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 15, 2020.

Any right or liability established, accrued or incurred under any legislative provision of the Township 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 Township 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 Township.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township 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 Township or other instruments or evidence of the Township'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 Township.

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 Township 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 Township.

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 § l-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 Nonsubstantive changes.

In compiling and preparing the ordinances of the Township 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 Township Council that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.

§ 1-7 Changes and revisions in previously adopted legislation; new provisions.

Nonsubstantive changes. In compiling and preparing the ordinances and resolutions of the Township for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances and resolutions. It is the intention of the Township Council that all such changes be adopted as part of the Code as if the ordinances and resolutions 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 and resolutions included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Township Council, and it is the intent of the Township 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 § 1-7B, 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) 11-11-2020 by Ord. No. 3082." Schedule A, which contains a complete description of all changes, is on file in the Township offices.

Nomenclature changes and revisions.

(1)

"District Justice" or "Magistrate" is changed to "Magisterial District Judge."

(2)

"Department of Community Affairs" is changed to "Department of Community and Economic Development."

(3)

U.S. Department of Agriculture's "Soil Conservation Service (SCS)" is changed to "Natural Resources Conservation Service (NRCS)."

(4)

"Department of Environmental Resources" is changed to "Department of Environmental Protection" or "Department of Conservation and Natural Resources," as applicable.

(5)

"Parking Meter Department" is changed to "Parking Enforcement Department."

(6)

"Chief of the Bureau of Public Works" is changed to "Director of the Department of Public Works."

§ 1-8 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, resolution or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, resolution or regulation shall control.

§ 1-9 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.

§ 1-10 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 Township Clerk and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Township Clerk, as provided by law, and such certified copy or copies shall remain on file in the office of the Township Clerk, available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-11 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 Township 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.

§ 1-12 Code books to be kept up-to-date.

It shall be the duty of the Township 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 Township Clerk for the use of the public. All changes in said Code and all legislation adopted by the Township Council subsequent to the effective date of this codification which the Township 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.

§ 1-13 Publication of notices.

The Township Clerk, pursuant to law, shall cause to be published in the manner required a notice of the introduction of the Code in a newspaper of general circulation in the Township. 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.

§ 1-14 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 Township 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 Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township 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 Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

§ 1-15 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 Township 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.

§ 1-16 Effective elate.

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