[HISTORY: Adopted by the Board of Supervisors of Newlin Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-8-2021 by Ord. No. 2021-01]
Pursuant to Section 1601(d) of the Second Class Township Code [53 P.S. § 6660l(d)], the codification of a complete body of legislation for Newlin Township, as revised, codified and consolidated into chapters, articles and sections (and consisting of Chapters 1 through 240) is hereby approved, adopted, ordained and enacted as a single ordinance of Newlin Township as set forth in Exhibit A attached hereto, which is hereby designated as the "Code of Newlin Township" (hereinafter, the "Code"). The substantive changes being effected by this ordinance are set forth in Schedule A attached hereto.[1]
[1]
Editor's Note: Chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 3-8-2021 by Ord. No. 2021-01." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
Insofar as the text of the Code is substantively the same as the provisions of ordinances and resolutions in force immediately prior to the enactment of this ordinance, such text is intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such text shall date from the date of adoption of the prior ordinance or resolution. All such substantively unchanged provisions are hereby continued in full force and effect and are hereby reaffirmed. A change in nomenclature (such as the substitution of "Magisterial District Judge" for " Justice of the Peace") shall not be deemed a substantive change.
Except as provided in § 1-4, any portion of any provision of any ordinance or resolution in force immediately prior to the enactment of this ordinance that is inconsistent with the text of the Code (including any such portion modified as set forth in Schedule A) is hereby repealed as of the "effective date" (as defined in§ 1-11).
Sections 1-1 and 1-3 shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal, provided that neither § 1-3 nor this § 1-4 shall have the effect of reviving any ordinance previously repealed, superseded or no longer of any effect:
A. 
Any ordinance adopted subsequent to October 14, 2019.
B. 
Any right or liability established, accrued or incurred under any legislative provision of the Township prior to the effective date or any action or proceeding brought for the enforcement of such right or liability or any cause of action acquired or existing.
C. 
Any offense or act committed or done before the effective date in violation of any legislative provision of the Township 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, brought pursuant to any legislative provision of the Township.
E. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township or any lawful contract, obligation or agreement.
F. 
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.
G. 
Any ordinance adopting an annual budget or establishing an annual tax rate.
H. 
Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.
I. 
Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.
J. 
Any ordinance annexing land to the Township.
K. 
Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.
L. 
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.
M. 
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.
N. 
Any ordinance providing for the making of public improvements.
O. 
Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee.
P. 
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
Q. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township.
R. 
Any currently effective ordinance providing for intergovernmental cooperation or establishing an intermunicipal agreement
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and prior to the effective date are hereby deemed to be a part of the Code and shall, upon adoption, be included therein as supplements. Pending such inclusion, attested copies of all such ordinances shall be provided upon request.
A. 
Chapter and article titles and headings, and titles of sections and other divisions, in the Code or any supplement are for the convenience of persons using the Code, and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code or any supplement are for the convenience of persons using the Code, and are not part of the legislation.
At least one copy of the Code (as set forth in Exhibit A[1], as well as all subsequent additions, deletions, amendments or supplements thereto duly adopted by the Board of Supervisors), certified by the Township Secretary as provided by law, shall be filed in a post-bound volume with the Ordinance Book in the office of the Township Secretary and shall remain there for use and examination by the public during all times while said Code is in effect.
[1]
Editor's Note: Exhibit A consists of the original signed ordinance and any attachments, which is on file in the Township offices.
The Township Secretary has caused to be published, in the manner required, a notice of the proposed Code in a newspaper of general circulation in the Township at least 30 days before the date hereof, and shall file an attested copy of this ordinance with the county within 30 days after its enactment. Such notice and filing, plus compliance with § 1-7, shall constitute legal publication of all provisions of the Code for all purposes.
It shall be unlawful for anyone to improperly alter or tamper with the Code or any part or portion thereof in any manner whatsoever that will cause the law of the Township to be misrepresented. Any person who violates or permits a violation of this § 1-9 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 hereof. 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.
The provisions of this ordinance and of the Code adopted hereby are severable, and if any portion hereof or 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, but shall be confined in its operation and application to the portion rendered illegal, invalid or unconstitutional. It is the intent of the Board of Supervisors that this ordinance and the Code would have been adopted even if such illegal, invalid or unconstitutional portion hereof or thereof had not been included therein.
All provisions of this ordinance and of the Code shall be in force and effect as of the date (the "effective date") that is five days after adoption of this ordinance.
[Adopted 4-14-1997 by Ord. No. 47-1997]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All ordinances of Newlin Township regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water, air or noise pollution are hereby amended so as to provide that they shall be enforced as a summary offense under the Pennsylvania Rules of Criminal Procedure pursuant to the mandate of Act 172 of 1996[1]; said ordinances further being amended to provide a maximum fine for each violation not to exceed $1,000. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days.
[1]
Editor's Note: See 53 P.S. § 66601.
All other Township ordinances shall be enforced by a civil procedure with a maximum fine of $600 per violation pursuant to the mandate of Act 172 of 1996.[1]
[1]
Editor's Note: See 53 P.S. § 66601.
All ordinances inconsistent herewith are hereby repealed.