[Adopted 10-10-1990 by Ord. No. 90-16]
Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of ordinances for the Borough of Downingtown, County of Chester, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters. Articles and sections by General Code Publishers Corp. and consisting of Chapters
1 through 290, together with an Appendix is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Downingtown, which shall be known and is hereby designated as the "Code of the Borough of Downingtown," 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 Borough Council of the Borough of Downingtown, and it is the intention of said Borough 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 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.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Downingtown and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in §
1-15 below, except as hereinafter provided.
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from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect: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 July 11, 1990.
B. Any right or liability established, accrued or incurred
under any legislative provision of the Borough 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 Borough
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 Borough.
E. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Borough or any lawful contract, obligation
or agreement.
F. Any ordinance or resolution appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond of the Borough, or other instruments or evidence
of the Borough'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 Borough.
K. Any ordinance providing for 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; or 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 Borough or setting the bond of any officer
or employee.
P. Ordinance No. 746, adopted May 8, 1972, and any amendments
thereto (subdivision of land).
Q. Ordinance No. 430, adopted March 7, 1955 (transient retail
merchants).
All ordinances of a general and permanent nature adopted subsequent to the date given in §
1-4A 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 legislation shall be temporarily placed in the Code until printed supplements are included.
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 or regulation, the provisions of the Code shall control. Where
the provisions of any statute, other ordinance or regulation impose greater
restrictions or requirements, the provisions of such statute, other ordinance
or regulation shall control.
Three copies of the Code in a post-bound volume shall be filed with
the Ordinance Book in the office of the Borough Secretary and shall remain
there for use and examination by the public. Upon adoption, such copies shall
be certified to by the Borough Secretary, as provided by law, and such certified
copies shall remain on file in the office of the Borough 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 Borough
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.
It shall be the duty of the Borough Secretary, or someone authorized
and directed by him or her, to keep up-to-date the certified copies of the
book containing the Code required to be filed in the office of the Borough
Secretary for the use of the public. All changes in said Code and all ordinances
adopted by the Borough Council subsequent to the effective date of this codification
which the Borough Council shall adopt specifically as part of the Code shall,
when finally adopted, be included therein by reference until such changes
or new ordinances are printed as supplements to said Code books, at which
time such supplements shall be inserted therein.
The Borough Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction and of the adoption of
the Code in a newspaper of general circulation in the Borough. The enactment
and application of this ordinance, coupled with the publication of the notices
of introduction and adoption, as required by law, and the availability of
copies of the Code for inspection by the public, 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 Borough
to be misrepresented thereby. Anyone violating this section of this ordinance
shall, upon conviction thereof, be liable to the maximum penalty provided
by law.
The provisions of this ordinance and of the Code adopted hereby are
severable, and if any clause, sentence, subsection, section, article 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 or part
thereof rendered. It is hereby declared to be the intent of the Borough Council
that this ordinance and the Code would have been adopted if such illegal,
invalid or unconstitutional clause, sentence, subsection, section, article
or part thereof had not been included therein.
All provisions of this ordinance and of the Code shall be in force and
effect upon enactment and as provided by law.