[HISTORY: Adopted by the Borough Council
of the Borough of Conway as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-14-1976 by Ord. No. 346, approved 6-14-1976]
The codification of a complete body of ordinances for the Borough of Conway, County of Beaver, Commonwealth of Pennsylvania, revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 124, together with an Index, is hereby approved, adopted, ordained and enacted as the "Code of the Borough of Conway," hereinafter known and referred to as the "Code," pursuant to § 1008(b) of the Borough Code.
All provisions of the Code shall be in full
force and effect on and after July 14, 1976.
All ordinances or parts of ordinances of a general
and permanent nature adopted by the Borough of Conway and in force
on the date of the adoption of this ordinance and not contained in
the Code are hereby repealed as of the effective date of this ordinance,
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:
A.
Any ordinance adopted subsequent to January 13, 1975.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the Borough of Conway prior to
the effective date of this ordinance, or any action or proceeding
brought for the enforcement of such right or liability.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the Borough of Conway, 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 of Conway.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Borough of Conway.
F.
Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade,
changing of name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place.
G.
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
of Conway, or other instruments or evidence of the Borough's indebtedness.
H.
Any ordinance authorizing the purchase, sale, lease
or transfer of property, or any lawful contract or obligation.
I.
Any ordinance annexing land to the Borough of Conway.
J.
Any ordinance designating the boundaries of water
districts.
K.
The levy or imposition of taxes, special assessments
or charges.
L.
The dedication of property.
M.
The Zoning Ordinance adopted October 13, 1969, as
Ord. No. 318, and any amendments thereto.
N.
All currently effective ordinance or resolutions providing
for the salaries or compensation of officers and employees of the
Borough of Conway.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or 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.
A.
In compiling and preparing the ordinances of the Borough
of Conway for adoption and revision as part of the Code, certain grammatical
changes and other minor changes were made in one or more of said ordinances.
It is the intention of Borough Council 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.
Certain changes of a substantive nature have been
made to various ordinances found within the Code and certain new materials
have been added to the Code. These changes and additions have been
made to bring the provisions of the Code into conformity with the
desired policies of the Borough Council and it is the intent of the
Borough Council that all such changes and additions be adopted as
part of the Code as if the ordinances so changed or added had been
previously formally amended or adopted to read as such. Such changes
and additions are cited within the historical statements by the terms
"amended at time of adoption of Code" or "adopted at time of adoption
of Code." These changes and additions are further detailed as follows.[1]
[1]
Editor's Note: Pursuant to § 1-6B, the following chapters and sections were added or amended. A complete description of such changes and additions is on file in the office of the Borough Secretary.
Penalty sections amended: §§ 68-5, 68-10, 72-7A and B, 75-6, 85-6, 88-13, 91-7, 101-14, 110-24, 110-41, 116-7 and 121-22.
Chapters, articles and sections amended or added: Ch. 13; § 19-2, paragraphs 4 and 5; Ch. 27, Art. I; Ch. 30, Arts. I, II, V and VI; Ch. 33; Ch. 40; Ch. 49; § 58-5; § 58-11; Ch. 58, Art. III; Ch. 61; Ch. 65; § 68-2; § 68-3; § 72-2; § 72-3; Ch. 78; § 85-5; § 88-1; § 88-4; § 88-5; § 88-6; § 98-9; § 98-10; Ch. 98, Art. III; § 101-1; § 101-2; § 101-3; § 101-9G; § 101-13G; Ch. 104, Arts. I, II and III; § 107-16F; § 107-27; § 110-1; § 110-2; § 110-3A; § 110-8C; § 110-11A; § 110-15; § 110-26; § 110-43; Ch. 116; Ch. 118; and §§ 121-1, 121-6, 121-8, 121-10, 121-13 and 121-17.
A copy of the Code in a post-bound volume has
been filed in the office of the Borough Secretary and shall remain
there for use and examination by the public until final action is
taken on this ordinance; and if this ordinance shall be adopted, such
copy shall be certified to by the Borough Secretary, as provided by
law, and such certified copy shall remain on file in the office of
the Borough Secretary, available to persons desiring to examine the
same during all times while the 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 the said Code,
as amendments and supplements thereto.
It shall be the duty of the Borough Secretary,
or someone authorized and directed by the Borough Secretary, to keep
up-to-date the certified copy 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 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
book, at which time such supplements shall be inserted therein.
Copies of the book containing the Code may be
purchased from the Borough Secretary upon the payment of a fee to
be set by resolution of the Borough Council, which may also arrange,
by resolution, for procedures for the periodic supplementation thereof.
The Borough Secretary, pursuant to law, shall
cause to be published, in the manner required, a notice of the adoption
of this ordinance adopting the Code in a newspaper of general circulation
in the Borough of Conway. Sufficient copies of the Code shall be maintained
in the office of the Borough Secretary for inspection by the public
at all times during regular office hours. The enactment and application
of this ordinance adopting the Code, coupled with 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.
Each section of the Code and every part of each
section is an independent section or part of a section, and the holding
of any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other section or part thereof.
Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other section or part thereof.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code, or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the Borough to be misrepresented thereby.
Anyone violating this section of this ordinance shall be subject,
upon conviction, to a fine of not more than $300 or imprisonment for
not more than 30 days, or both, in the discretion of the District
Magistrate imposing the same.
