STATUTORY REFERENCES
Adoption of building and housing codes by reference — See
8 Pa.C.S.A. § 1202(15) and §§ 32A01 et seq.
Adoption of fire prevention codes by reference — See
8 Pa.C.S.A. § 1202(15).
Codified Ordinances — See 8 Pa.C.S.A. § 3301.5.
(A)
This volume consists of all ordinances and resolutions of a permanent
and general nature of the municipality, revised, codified, arranged,
numbered and consolidated into component codes, titles, chapters and
sections, and as such shall be known and may be designated as the
Codified Ordinances of Brookhaven, Pennsylvania, for which designation
"codified ordinances" may be substituted. Code, title, chapter and
section headings do not constitute any part of the law as contained
in the codified ordinances.
(B)
All references to codes, titles, chapters and sections are to such
components of the codified ordinances unless otherwise specified.
Any component code may be referred to and cited by its name, such
as the "Traffic Code." Sections may be referred to and cited by the
designation "§ " followed by the number, such as "§ 202.01."
(A)
The Codified Ordinances of Brookhaven, Pennsylvania may be amended
or supplemented at any time and, when any amendment or supplement
is adopted in such form as to indicate the intention of 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 as including the Codified Ordinances of Brookhaven, Pennsylvania,
and any and all such amendments and supplements.
(B)
All amendments and supplements enacted as a part of the codified ordinances shall be integrated therewith by following the form of arrangement and plan set forth in the original codified ordinances as follows: each Code, except the General Offenses Code and the Fire Prevention Code, shall be subdivided into titles; each title shall be subdivided into chapters, and each chapter shall be subdivided into sections, which shall be numbered in accordance with the decimal numbering system. The numbering of all sections, except penalty sections, shall be consecutive within each chapter commencing with the first section of Chapter 202, which shall be numbered 202.01, the first "2" signifying Code 2, and the two figures "02" before the decimal signifying the chapter within the Code, and the two figures "01" after the decimal signifying the first section in Chapter 202 of the Code. Penalty sections shall be designated "99" and shall be the last section of a chapter.
In the construction of the codified ordinances, the following
rules and definitions shall control, excepting those inconsistent
with the manifest intent of Council as disclosed in a particular provision,
section or chapter.
The ordinance of the Borough adopting the Codified Ordinances of Brookhaven, Pennsylvania, in conformity with the Borough Code of Pennsylvania and this Chapter 202.
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.
The Borough of Brookhaven, Pennsylvania.
Public Law 432, of 2014, No. 37, effective June 17, 2014,
being 8 Pa.C.S.A. §§ 101 et seq.
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, unless the last day is a Sunday, in which case it shall
be excluded. If time is expressed in hours, the whole of Sunday shall
be excluded.
"And" includes "or," and "or" includes "and," if the sense
so requires.
The Council of the Borough of Brookhaven, Pennsylvania.
The County of Delaware, Pennsylvania.
Words importing the masculine shall extend and be applied
to the feminine and neuter genders.
Except as otherwise provided in this section, words and phrases
shall be construed according to the common usage of the language,
provided, however, that 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.
Words giving authority to a board, commission, authority
or to three or more officers or employees or other persons shall be
construed as giving authority to a majority thereof, unless otherwise
specifically provided.
Persons, firms, associations, corporations, clubs and co-partnerships,
whether acting by themselves or as a servant, agent or employee.
Includes rights and easements of an incorporeal nature.
Words in the plural include the singular and words in the
singular include the plural number.
Includes affirmation. When an "oath" is required or authorized
by law, an affirmation in lieu thereof may be taken by a person having
conscientious scruples about taking an oath. An affirmation shall
have the same force and effect as an "oath."
When applied to property, includes a part owner, joint owner
or tenant in common of the whole or any part of such property.
An individual, association, club, corporation, firm, partnership
or body politic.
When used as applicable to property, extends to and includes
land and buildings.
Includes real and personal property and any mixed and lesser
estates or interests therein. "Personal property" includes every kind
of property except real property; "real property" includes lands,
tenements and hereditaments.
In all cases where provision 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 the giving of such notice.
Any portion of a street between the curb line and the adjacent
property line, intended for the use of pedestrians, excluding parkways.
The Commonwealth of Pennsylvania.
Alleys, avenues, boulevards, lanes, roads, streets, state
highways and other public ways in the Borough.
As applied to buildings 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.
The use of any verb in the present tense includes the future.
Whenever any time established in the codified ordinances
for the taking of any action expires on a Sunday or legal holiday,
such time shall not expire on such day but shall expire on the next
weekday.
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 thereof to any person or circumstance, is held to be invalid,
the remaining sections or parts of sections and the application of
such provision to any other person or circumstance, 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 or
part of a section so held to be invalid.
All ordinances, resolutions, rules and regulations, and parts
of ordinances, resolutions, rules and regulations, in conflict with
the provisions of the Codified Ordinances of Brookhaven, Pennsylvania,
are hereby repealed.
The repeal provided for in § 202.05 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 adoption of these codified ordinances;
(B)
Any ordinance or resolution promising or guaranteeing the payment
of money by or to the Borough, or authorizing the issuance of any
bonds of the Borough, or any evidence of the Borough's indebtedness,
or any contract or obligation assumed by the Borough;
(C)
Any right, license or franchise conferred by any ordinance or resolution
of Council on any person or corporation;
(D)
Any ordinance establishing, naming, relocating or vacating any street
or other public way;
(E)
Any ordinance or part thereof providing for the establishment of
positions, for salaries or compensation;
(F)
Any prosecution, suit or other proceeding pending, or any judgment
rendered, on or prior to the adoption of these codified ordinances;
(G)
Any ordinance levying or imposing taxes or assessments;
(H)
Any ordinance establishing or changing the boundaries of the Borough;
or
(I)
Any ordinance or resolution adopted by Council after the adoption
of the codified ordinances.
[Ord. 383, passed 6-5-1978; Ord. 514, passed 5-9-1988]
(A)
Whoever violates or fails to comply with any of the provisions of
these codified ordinances, including a provision of any technical
or other code adopted in these codified ordinances by reference, and
including a rule or regulation promulgated pursuant to any provision
of these codified ordinances or of any technical or other code adopted
in these codified ordinances by reference, and including any order
made under authority, express or implied, of any provision of these
codified ordinances or of any technical or other code adopted in these
codified ordinances by reference, having to do with building, housing,
property maintenance, health, fire or public safety codes or ordinances,
and for water, air and noise pollution violations, for which no penalty
is otherwise provided, shall be fined not more than $1,000 or imprisoned
not more than 90 days, or both, for each offense. Unless otherwise
stated, a separate offense shall be deemed committed each day during
or on which a violation or noncompliance occurs or continues.
(B)
Whoever violates or fails to comply with any of the provisions of
these codified ordinances, including a provision of any technical
or other code adopted in these codified ordinances by reference, and
including any rule or regulation adopted pursuant to any provision
of these codified ordinances, for which no penalty is otherwise provided,
shall be fined not more than $600 or imprisoned not more than 10 days
in the Borough Lockup or not more than 30 days in the County Jail
or Workhouse, or both such fine and imprisonment. A separate offense
shall be deemed committed each day during or on which a violation
or noncompliance occurs or continues.
(C)
It is the intent of the Borough that if and when Act 432, of 2014,
No. 37, effective June 17, 2014, being 8 Pa.C.S.A. §§ 101
et seq., is amended to increase or decrease the maximum fine for ordinance
violations, the maximum fine authorized shall be the maximum fine
for the Borough.
