[HISTORY: Adopted by the Board of Supervisors
of the Township of North Codorus as indicated in article histories.
Amendments noted where applicable.]
[Adopted 3-1-2005 by Ord. No. 185-03-2005]
Pursuant to Section 1601(d) [53 P.S. § 66601(d)] of the Second Class Township Code, the codification of a complete body of legislation for the Township of North Codorus, County of York, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 195, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of North Codorus, which shall be known and is hereby designated as the “Code of the Township of North Codorus,” hereinafter referred to as the “Code.”
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. 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 North Codorus, and it is the intention of said Board of Supervisors 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Township of North Codorus and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.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 7-6-2004.
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. This specifically includes cable television
franchises granted by the Township.
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, except as subsequently legislated by resolution.
S.
Legislation regarding the establishment and operation
of the Northern York County Regional Police Department,[1] and any intermunicipal agreements relating thereto.
[1]
Editor's Note: References to the "South Western Regional Police
Department" have been changed to "Northern York County Regional Police
Department" pursuant to an agreement authorizing participation in
said Department. The original agreement and any amendments thereto
are on file in the Township offices.
T.
Any legislation regulating vehicles and traffic in
the Township, including but not limited to the following: speed limits;
stopping, standing and parking regulations; vehicle weight limits;
winter parking/snow emergencies; and towing/impoundment of vehicles
in violation.
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 ordinances shall be temporarily placed in the Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances and resolutions 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 and
resolutions. It is the intention of the Board of Supervisors that
all such changes be adopted as part of the Code as if the ordinances
and resolutions 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 and resolutions 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 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, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 3-1-2005 by Ord. No. 185-03-2005.” Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Nomenclature.
(1)
Throughout the Code, references to the following agencies
or officials are updated as indicated:
(a)
“Department of Environmental Resources”
or “DER” to “Department of Environmental Protection”
or “DEP.”
(b)
“Department of Community Affairs” or “DCA”
to “Department of Community and Economic Development”
or “DCED.”
(c)
“District Magistrate” or “Justice
of the Peace” to “District Justice.”
(d)
“Township Permit Officer” and “Building
Permit Officer” to “Zoning Officer.”
(e)
“Township Police” to “Northern York
County Regional Police Department.”[2]
[2]
Editor's Note: References to the "South Western Regional Police
Department" have been changed to "Northern York County Regional Police
Department" pursuant to an agreement authorizing participation in
said Department. The original agreement and any amendments thereto
are on file in the Township offices.
D.
Violations and penalties. Sections 66-18, 76-9, 79-4, 98-4, 116-15, 140-2, 146-8, 146-24B, 154-7, 158-12B, 158-50A, 161-7, 161-12, 169-2, 181-10 and 187-8 are added or amended, in whole or in part, to read as set forth in the Code. Specifically, they are revised to delete any minimum fines and to provide that the penalty provision shall be at the criminal enforcement level, as follows: “Any person who violates or permits a violation of this [chapter/article] shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this [chapter/article] that is violated shall also constitute a separate offense.”
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 shall be certified to by the
Township Secretary, as provided by law, and such certified copy 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 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 at
least one copy 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, upon being found liable therefor in a civil enforcement
proceeding, shall 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. No judgment shall be imposed until
the date of the determination of the violation by the District Justice
and/or Court. 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 on and after March 6, 2005.
[Adopted 12-3-1996 by Ord. No. 140-12-96]
All ordinances of the Township of North Codorus
which establish penalties for violation thereof or violation of any
resolution adopted pursuant to any such ordinance, except those which
are enforced under or pursuant to the Vehicle Code,[1] are hereby amended to the extent of that penalty provision
to comply with Act No. 60 of 1995. Wherever such an ordinance of the
Township of North Codorus, or any tax or tax-related resolution of
the Township of North Codorus, prescribes a penalty for violation
thereof or violation of any resolution adopted pursuant to any such
ordinance, the same shall hereafter be a civil fine to be collected
in a civil enforcement proceeding, for the same sum or range of sums
as is currently set forth in such penalty provision.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
North Codorus Township further hereby authorizes
the North Codorus Township Tax Collector, the York County Earned Income
Tax Bureau, and the York County Tax Claim Bureau to file civil enforcement
proceedings in the name of the Township for enforcement of and for
judgments for fines for violations of the various tax ordinances or
resolutions which establish taxes that are collected by such persons
or agencies on behalf of North Codorus Township. The duly appointed
Sewage Enforcement Officer of North Codorus Township is also hereby
granted authority to file civil enforcement proceedings on behalf
of the Township for violations of matters under the administration
of the Sewage Enforcement Officer.
[Added 6-16-1998 by Ord. No. 149-6-98]
This article is hereby amended in that the same
is repealed to the extent, and only to the extent, that it applies
to all ordinances of the Township of North Codorus which may be enforced
as summary offenses in accordance with Section 1601(c.1)(2) of the
Second Class Township Code.[1] To that extent, all ordinances of North Codorus Township
which may be enforced as a summary offense under the said § 1601(c.1)(2)
of the Second Class Township Code shall be so enforced after the effective
date hereof, and any person found guilty of violating such ordinance
shall be sentenced and fined in accordance with the terms stated in
that ordinance. Notwithstanding the foregoing, any ordinance of North
Codorus Township which is enforced under or pursuant to the Vehicle
Code shall continue to be so enforced.
[1]
Editor's Note: See 53 P.S. § 66601(c.1)(2).
All other terms and provisions of any such Township
ordinance or resolution which are not amended by this article shall
remain in full force and effect.
