This comprehensive revision and codification of all the general ordinances of the City of Pittsburgh and all subsequent amendments and additions thereto shall be known as the "Pittsburgh Code", and may be referred to as "the Code" or "this Code."
(a)
For clarity of expression and uniformity of style:
(2)
Titles are subdivided into articles, which are a categorical grouping of related chapters, and shall be identified by Roman numerals and an article name, such as Article I: General Provisions.
(3)
Articles are subdivided into chapters which shall be identified by Arabic numerals and a chapter name, such as Chapter 101: Definitions and Construction.
(4)
Chapters are subdivided into sections, which are the basic units of the Code, and shall be identified by Arabic numerals and a section name, such as § 101.01 Short Title.
(5)
Sections are further subdivided into the following parts:
(b)
Each section is self-identifying as to title, chapter and section number. For example, 101.01 indicates the title number is 1, the chapter is 101 and the section number is 01 or the first section in the chapter. The title and chapter numbers appear left of the decimal, with the title number preceding the first two (2) digits left of the decimal, and the chapter number being all digits left of the decimal. The section number appears right of the decimal.
(a)
For the purposes of the Pittsburgh Code the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise specifically provided in the Code, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of Council.
(1) BUSINESS
Includes all kinds of vocations, occupations, professions, enterprises, establishments, and all other activities and matters together with all devices, machines, vehicles and appurtenances which are conducted for profit or benefit, either directly or indirectly, on any premises within or under City jurisdiction.
(2) BUSINESS DISTRICT
The territory contiguous to a street when fifty (50) percent or more of frontage thereof for a distance of three hundred (300) feet or more is occupied by buildings intended for use for business purposes.
(3) BUSINESS ESTABLISHMENT
Any retail, manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment, whether or not in operation.
(4) CENTRAL BUSINESS DISTRICT
All that territory, including both sides of designated boundary streets, which are included within the following limits: Beginning at Point State Park at the intersection of the Allegheny and Monongahela Rivers; thence along the southerly shore of the Allegheny River to the easterly line of Fourteenth Street produced; thence along the easterly line of Fourteenth Street to the southerly line of Liberty Avenue; thence in a southeasterly direction to the intersection of Bedford Avenue and Crawford Street; thence along the easterly line of Crawford Street to Fifth Avenue; thence along the northerly line of Fifth Avenue to the easterly line of Marion Street; thence along the easterly line of Marion Street to the southerly line of the Boulevard of the Allies; thence along the easterly line of Marion Street produced to a point on the north shore of the Monongahela River; thence along the north shore of the Monongahela River to Point State Park, the place of beginning.
(7) CITY CLERK
The Clerk of the City Council.
(8) COMMONWEALTH
The Commonwealth of Pennsylvania.
(9) CORPORATION
Any corporation or joint stock association organized under the laws of the United States, the Commonwealth of Pennsylvania, or any other state, territory, foreign country or dependency.
(11) DEPARTMENT
Any branch or division of City administration, including any officer, employee or other authorized representative thereof.
(13) EXECUTIVE OFFICERS (such as "MAYOR," "CONTROLLER," "TREASURER," "SOLICITOR" and the like)
Those respective officers of City government.
(14) GENERAL ASSEMBLY
The legislature of the Commonwealth of Pennsylvania.
(15) HEAD OF THE DEPARTMENT
The chief administrative officer of a department.
(16) PERSON
Includes individual natural persons, firms, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations, companies or organizations of any kind; or any officers, agents, employees, factors or any kind of personal representative of any of the above, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law. Whenever used in any clause prescribing or imposing a penalty, the term "person" as applied to partnerships or associations includes the partners or members thereof, and if applied to corporations, the officers thereof.
(17) PREMISES
All lands, and buildings or structures thereon, equipment or appurtenances connected or used therewith and any personal property affixed or otherwise used in connection with use of such premises.
(18) SIDEWALK
That portion of a street between the curb lines and adjacent property lines or that part devoted laterally to pedestrian travel.
(19) STREET
Established for vehicular use or the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the public for purposes of vehicular travel. STREET includes highway, avenue, road, alley, lane, boulevard and concourse. Only for purposes of traffic enforcement does the term STREET include a driveway or roadway open to use of the public for vehicular travel on grounds of a college or university, public or private school, public or historical park other similar institution, or parking lot operated by the Pittsburgh Parking Authority.
(b)
The singular includes the plural, and the plural includes the singular. Words used in the masculine gender include the feminine and neuter. Words used in the past or present tense include the future.
(c)
Unless otherwise provided in the Code and unless the context or the manifest intent of Council clearly indicates otherwise, terms, phrases, words and their derivations not defined in the Code shall have the meanings ascribed to them in Subchapter F of Chapter 19 (Rules of Construction) of the Statutory Construction Act of 1972, as amended, (1 Pa.C.S. § 1991).
(d)
Any word not specifically defined shall be construed according to its common usage unless the context or the manifest intent of Council clearly indicates otherwise.
(a)
For the purposes of the Code the following rules of construction shall be observed unless otherwise provided in the Code and unless the context clearly indicates otherwise and unless the application of such rules would result in a construction inconsistent with the manifest intent of Council:
(1)
"Shall" is mandatory and "may" is permissive.
(2)
The arrangement and classification of the Code have been made for the purpose of a convenient and orderly arrangement. No inference, implication or presumption of legislative construction shall be drawn because of the location of any provision, nor shall any outline, analysis, index or descriptive matter relating to the contents of the Code be given any legal effect.
(3)
Title, article, chapter, section and section subdivision names are part of this Code. However, reference to titles, articles, chapters, sections or section subdivisions are not intended to be exclusive, or to exclude other titles, articles, chapters, sections or section subdivisions which may be applicable.
(4)
Footnotes are not part of the Code, and where included only indicate the historical sources of code provisions.
(5)
Whenever a provision appears requiring the director of a department of the City to do some act, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision or section require otherwise.
(6)
A reference to any portion of the Code applies to all reenactments or amendments thereof.
(7)
If a section refers to a series of numbers or letters, the first and the last numbers or letters are included.
(8)
Wherever a penalty section refers to a violation of the Code or any article, chapter, section or part thereof or a series of such components, such reference shall be construed to mean a violation of any provision included in the reference.
(b)
Unless otherwise provided in the Code, the rules of construction set forth in Subchapters A to E of Chapter 19 (Rules of Construction) of the Statutory Construction Act of 1972, as amended (1 Pa.C.S. § 1901 to 1978) shall be observed in the construction of Code unless the context clearly indicates otherwise or unless the application of such rules would result in a construction inconsistent with the manifest intent of Council.
Whenever hours or a time is stated in this Code, it means either Eastern Standard Time or Daylight Savings Time depending on the standard in current use in the City for the particular time, day and month in question.
(a)
Amendments and additions to the Code shall be enacted in such form that pertinent provisions are set forth in full with:
(1)
Words which are eliminated by the adoption of the amendment printed between brackets; and
(2)
Words which are added by the passage of the amendment underscored or italicized.
After the approval of any such amendment or addition, the substantive changes made shall be incorporated into the Code under the supervision of the Law Department.
(b)
All titles, articles, chapters, sections or other provisions of this Code desired to be repealed should be specifically repealed by setting forth in the repealing ordinance the title, article number, chapter number, section or other number or letter repealed, as the case may be.
(c)
All ordinances amending, adding or repealing any title, article, chapter, section or other provision of the Code shall contain in the title thereof a reference to the chapter section number, section subdivision and title which is being amended, added or repealed.
(d)
No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or to accrue or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable.
This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions, upon the same subject or in any other ordinance.
(e)
The repeal of any ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.
(a)
Subject to the limitations contained in Section 302 of Act No. 62 of April 13, 1972, as amended (53 P.S. § 1-302), this Code shall supersede and repeal all general City ordinances except as hereinafter provided. All existing acts or parts of acts affecting the organization, government and powers of the city, not inconsistent or in conflict with this Code shall remain in full force and shall be construed as if enacted under this Code, but as of the date of their original enactment. No contract existing on the effective date of this Code shall be affected by it. The following ordinances or parts thereof are not hereby specifically repealed:
(1)
Appropriation ordinances;
(2)
Ordinances relating to boundaries and annexations;
(3)
Franchise ordinances and other ordinances granting any special rights or privileges to persons or corporations;
(4)
Contract ordinances and ordinances authorizing or ratifying the execution of a contract or the issuance of warrants;
(5)
Salary ordinances;
(6)
Ordinances establishing, naming, revising the lines or grades or vacating streets, alleys or other public places;
(7)
Improvement ordinances;
(8)
Bond ordinances;
(9)
Ordinances relating to elections;
(10)
Ordinances authorizing the sale, lease or other grant of any interest in city-owned real estate;
(11)
Ordinances authorizing loans by the City and to provide for the issuance, redemption, and payment of City bonds or any ordinances or part of any ordinances relating to any indebtedness of the city;
(12)
Ordinances making appropriations of public funds and to adopt capital budgets and capital programs;
(13)
Ordinances validating or legalizing any act or omission of any office, department, board or commission of the city;
(14)
Ordinances authorizing the opening, grading, improving or paving of any street;
(15)
Ordinances establishing parks, playgrounds, recreation centers or public squares;
(16)
Ordinances authorizing district classifications or changes in zoning maps;
(17)
Ordinances levying and fixing the annual tax rate on real estate and for other taxes or excises;
(18)
Ordinances authorizing the purchase, condemnation, lease or other acquisition of premises, structures, and facilities required by the city; and
(19)
All other special ordinances.
(b)
The repealer or supersession provisions of this Chapter or elsewhere in the Code shall not affect:
(1)
Any act done or any right or liability accrued under any ordinance or statue herein repealed or superseded but all such rights or liabilities shall continue and may be enforced in the same manner as if such repeal or supersession had not been made.
(2)
Any offense or violation committed and any penalty or forfeiture incurred under any ordinance or statute herein repealed or superseded, all of which may be prosecuted and punished in the same manner as if the Code had not been approved; or
(3)
Any petition, hearing or other process pending before any agency.
(4)
The establishment or legality of any nonconforming use. To establish a nonconforming use, a property owner must in addition to other requirements still establish that it was in existence prior to the initial applicable zoning regulations.
(c)
Regulations issued under any ordinance codified by this Code, but not inconsistent with its policy, shall continue in full force and effect unless changed by the appropriate department.
No person shall change or amend by additions or deletions, any part or portion of this Code, or insert or delete pages or portions thereof, or alter or tamper with such code in any manner which will cause the law of the City to be misrepresented thereby.
[Ord. 27-2001, § 1, eff. 12-10-2001]
(a)
Unless otherwise provided, any person convicted of violating any provision of the Code or rule or regulation promulgated thereunder, shall, upon a finding of guilty by a Magistrate, be fined not more than three hundred dollars ($300.00) and costs for each offense, and in default of payment thereof may be imprisoned for not more than thirty (30) days. Each day of a continuing violation shall constitute a separate and distinct offense.
(b)
All violations of any provision of the Code or any rule or regulation promulgated thereunder which provide for imprisonment only in default of fine payment shall be considered as being in the nature of a civil suit for penalty.
(c)
Where the Code provides alternative penalties or remedies, they shall be cumulative and the imposition of any one (1) penalty or remedy shall not prevent the appropriate City agency from invoking any other penalty or remedy provided for.
(d)
In addition to any penalty provided or imposed, any condition caused or permitted to exist in violation of any code provision shall be deemed a public nuisance and may be abated by the City as provided in law or equity. Each day such condition continues shall constitute a separate and distinct offense.
(e)
Any private person is hereby authorized to institute a criminal proceeding in a summary case by filing a complaint (Rule 420, Pa.R.Crim.P.) with a City Magistrate where the action arises under Chapter 419.03, removal of Snow and Ice; Chapter 609, Weeds and Grass; Chapter 619, Refuse Collection and Recycling; Chapter 620, Graffiti Abatement; Title 9, Zoning; or Title 10, Building, or any rule or regulation promulgated thereunder. A City Magistrate shall decide whether to issue process. (Rule 421, Pa.R.Crim.P.). The City Magistrate shall not issue process for a private right of action complaint, wherein the City has pending action addressing the same or similar complaint. In addition, process may not issue unless proof of service on defendant is made and thirty (30) days from the date has passed and the alleged condition remains unabated. Proof of service shall include a copy of the complaint and a notice of the availability of alternative dispute resolution. If the issuing authority decides to issue process, a summons shall be issued from Housing Court in accordance with the Rules of Criminal Procedure. (Rule 421, Pa.R.Crim.P.).
This grant of prosecutorial authority shall be in addition to and not in derogation of the powers and duties of the City of Pittsburgh or its designated officials set forth in Titles 6, 9 or 10 of this Code, and nothing herein shall be construed to alter, reduce or limit those powers and duties.
In all cases where the same offense may be punishable by or is created by different clauses or sections of the Code, the prosecuting officer may proceed on each and every offense.
All written notices of violation of any Code provision requiring written notices shall be deemed served:
(a)
When delivered by hand to the alleged violator, or to any adult person in charge of the premises where the alleged violation exists; or
Upon failure of any property owner to pay any costs, charges or expenses required by any provision of this Code, the appropriate director or City treasurer is authorized to file a lien for such costs. A lien is authorized where the City performs work that the property owner is required to perform and has failed to do. In addition, the City may recover such costs by an action at law or in equity.
The provisions of the Code are severable, and if any provision or application is held illegal, unconstitutional or invalid, such holding shall not affect the remaining provisions. It is the legislative intent of Council that the Code would have been adopted if such illegal provision had not been included or any illegal application had not been made.
To the extent that the language of the Pittsburgh Code is identical to that of equivalent provisions in prior ordinances codified herein, such language shall be deemed a reenactment of such identical provisions.