[HISTORY: Adopted by the Board of Supervisors of Limestone Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-5-2022 by Ord. No. 2022-01]
Pursuant to Section 1601(d) of the Second Class Township Code [53 P.S. § 66601(d)], the codification of a complete body of legislation for the Township of Limestone, County of Lycoming, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 200, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Limestone, which shall be known and is hereby designated as the "Code of Limestone Township," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of Limestone, and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reenacted and reaffrrmed 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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.
A. 
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or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-15; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of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 Limestone which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
Repeal of specific ordinances. The Board of Supervisors of the Township of Limestone has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:
(1) 
Ordinance No. 75-2, regarding the Building Code for 1975, adopted August 1975.
(2) 
Ordinance No. 1979-2, regarding flood damage prevention, adopted September 4, 1979.
(3) 
Ordinance No. 1986-1, regarding septic system holding tanks, adopted October 6, 1986.
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:
A. 
Any ordinance adopted subsequent to January 3, 2022.
B. 
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.
C. 
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.
D. 
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.
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 concerning changes and amendments to the Zoning Map.
Q. 
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
R. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township.
S. 
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 § 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.
A. 
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 Board of Supervisors 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. 
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 attached hereto and made a part hereof, are hereby made to various ordinances included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors 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]
[1]
Editor's Note: In accordance with § 1-6B, 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) 12-5-2022 by Ord. No. 2022-01." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C. 
Nomenclature changes and revisions. Throughout the Code:
(1) 
The terms "District Justice" and "District Magistrate" are amended to read "Magisterial District Judge."
(2) 
The term "Department of Environmental Resources" is amended to read "Department of Environmental Protection."
(3) 
References to "the Township of Limestone" are amended to read "Limestone Township."
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.
A. 
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.
B. 
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.
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 Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Township Secretary, as provided by law, and such certified copy or copies shall remain on file in the office of the Township 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 Board of Supervisors 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.
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 Secretary for the use of the public. All changes in said Code and all legislation adopted by the Board of Supervisors subsequent to the effective date of this codification which the Board of Supervisors 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.
The Township Secretary, 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.
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.
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 Board of Supervisors 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.
All provisions of this ordinance and of the Code shall be in force and effect five days after adoption of this ordinance.
[Adopted 10-7-1996]
This article shall be known as the "Civil Enforcement Procedure Ordinance of Limestone" and shall govern the imposition of fines for violations of the Township ordinances hereinafter set forth.
The following portion of ordinances which establish a criminal penalty are hereby repealed, and the fines for violation of each ordinance listed are hereby established as follows:
A. 
Section 164-9A of Chapter 164, Solid Waste, Article I, Collection and Disposal of Waste, being an ordinance to establish rules and regulations for the collection, storage, transportation, processing and disposal of municipal waste and for licensing of waste collectors enacted on April 6, 1983, and in its place the Board of Supervisor hereby establishes a fine of not less than $100 and not more than $1,000, plus costs of prosecution, including reasonable attorney fees, for any single violation.
B. 
Section 2(J)(5), Subparagraph (5) of Ordinance 1979-2, being an ordinance requiring building permits be obtained for any and all structures or developments, enacted September 4, 1979, and in its place a fine of not less than $50 nor more than $300, plus cost of prosecution, including reasonable attorney fees.[1]
[1]
Editor's Note: Ordinance No. 1979-2 was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Section 3 of Ordinance 1979-1, being an Ordinance requiring sewage permits be obtained, enacted March 6, 1979, and in its place a fine of not less than $100 nor more then $300, plus all costs of prosecution, including reasonable attorney fees.[2]
[2]
Editor's Note: Ordinance No. 1979-1 was repealed 1-3-2006 by Ord. No. 2006-1.
D. 
Section 173-6 of Chapter 173, Streets and Sidewalks, being an ordinance for bidding and cutting of any public street, enacted June 3, 1974; and in its place a fine not less than $100 and not more than $300, plus the cost of all repairs needed to correct the damaged road as determined by the Township, together with all costs of prosecution, including reasonable attorney fees.
The Township Supervisors shall from time to time, by resolution, nominate or appoint enforcement officers for each of the ordinances referred to above, who are authorize and directed to institute civil enforcement proceedings as required to achieve compliance with each ordinance above referred to.
When the enforcement officer determines that a violation exists, he shall commence an enforcement procedure before the Magisterial District Judge to collect the fines prescribed above.
For a person who is not in compliance, each continuing day of violation or noncompliance with any ordinance referred to in § 1-17, after the first day of violation, shall be a separate offense for which the enforcement officer may seek separate fines in the same or separate proceedings.
The proceedings to collect the established fines shall be commenced as a civil proceeding instituted before the Magisterial District Judge who has jurisdiction for Limestone Township.
In each action, the enforcement officer shall include attorney fees and court costs until a judgment is entered, and the court shall enter the Township's legal fees and court costs in the judgment entered. [See 53 P.S. § 66601 (c).]
The amounts of fines as set forth in the complaint shall be determinative upon the trier of facts, including that the complaint correctly sets forth the fine determined in this article or subsequent ordinance of Limestone Township.
No judgment may be imposed under this article until the determination of the Magisterial District Judge or, if the Magisterial District Judge determination is appealed, by the Court of Common Pleas.
If the defendant fails to pay a final judgment or timely appeals the fine, costs or attorney fees, Limestone Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
The fines action described above under each ordinance shall be deemed to be a civil fine, not a criminal penalty.
Each enforcement officer named under each of the ordinances above shall seek the assistance of the Township Solicitor in connection with filing any complaint. Furthermore, the Township Solicitor is hereby directed and authorized to establish a civil citation form or notice that would be forwarded to the person violating the ordinance, prior to commencing action, giving that person opportunity to pay the fine without the necessity of a court proceeding and the imposition of attorneys' fees and court costs.
Each enforcement officer named by resolution shall be authorized to investigate and gather evidence to assist them in connection with the civil enforcement procedure hereinabove set forth.
The Township police, municipal volunteer fire department, Zoning Officer, Township Secretary or other municipal officials are hereby authorized and encouraged to cooperate with the enforcement officer in connection with his investigation of a violation or series of violations of the ordinance.