[HISTORY: Adopted by the City Council of
the City of Lancaster as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-14-1997 by Ord. No. 19-1997]
Pursuant to Section 1014.1 (53 P.S. § 36014.1) of the Third Class City Code, the codification of a complete body of legislation for the City of Lancaster, County of Lancaster, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 300, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the City of Lancaster, which shall be known and is hereby designated as the "Code of the City of Lancaster," 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 City Council of the City of Lancaster, and it is the intention of said City 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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by the City of Lancaster and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, including the prior Code of the City of Lancaster, adopted as complete to August 12, 1974, and as amended to March 27, 1995, 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 4-8-1997.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the city 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 city 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 city.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the city 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 city or other instruments
or evidence of the city'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 city.
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 city 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.
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.
In compiling and preparing the ordinances of the city
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 City Council that all such changes be adopted
as part of the Code as if the ordinances and so changed had been previously
formally amended to read as such.
B.
Nomenclature changes. The following changes have been
made throughout the Code:
C.
Adoption of renumbering. The following table sets
forth the distribution of the Codified Ordinances of the City of Lancaster,
as originally published in 1959 and updated through March 27, 1995,
to the Code of 1997, indicating the present appropriate chapter number
(and article number, if applicable) of the provisions from the prior
compilation:
DISTRIBUTION TABLE
| ||
---|---|---|
Prior Codified Ordinances
|
1997 Code
| |
PART ONE - ADMINISTRATIVE CODE
| ||
TITLE ONE - General Provisions
| ||
Art. 101. Codified Ordinances.
| ||
Art. 108. Annexations.
|
Ch. 9
| |
Art. 109. Performance and Compliance Bonds.
|
Ch. 26
| |
TITLE THREE - Legislative
| ||
Art. 111. Council.
| ||
Art. 113. Ordinances and Resolutions.
|
Ch. 59
| |
TITLE FIVE - Administrative Offices
| ||
Art. 121. Administrative Organization.
| ||
Art. 123. Mayor.
| ||
Art. 125. City Solicitor.
| ||
Art. 129. City Treasurer.
| ||
Art. 131. City Controller.
| ||
Art. 133. Department of Economic Development.
|
Ch. 5, Art. II
| |
Art. 135. Department of Finance.
| ||
Art. 137. Department of Administrative Services.
| ||
Art. 139. Bureau of Purchasing.
| ||
Art. 141. Civil Service.
|
Ch. 34
| |
Art. 143. Board of Trusts and Charities.
| ||
Art. 145. Department of Public Safety.
| ||
Art. 147. Police Bureau.
| ||
Art. 149. Fire Bureau.
|
Ch. 42
| |
Art. 150. Planning Commission.
| ||
Art. 151. Planning, Zoning and Development.
|
Ch. 22, Arts. IV and V
| |
Art. 152. Department of Housing and Community
Development.
| ||
Art. 153. Department of Public Works.
| ||
Art. 155. Recreation Commission.
| ||
Art. 156. Lancaster Park Commission.
| ||
Art. 157. Shade Tree Commission.
| ||
Art. 161. Emergency Management Services.
|
Ch. 136
| |
TITLE SEVEN - Employment Provisions; Pensions
and Benefits
| ||
Art. 165. Policemen's Relief.
| ||
Art. 166. Benefits for Police Officers.
| ||
Art. 167. Police Compulsory Retirement.
| ||
Art. 168. Benefits for Firefighters.
| ||
Art. 169. Firemen's Relief.
| ||
Art. 173. Deductions for Social Security.
|
Ch. 71
| |
TITLE NINE - Authorities and Citizen Committees,
Boards and Commissions
| ||
Art. 181. Authorities.
|
Ch. 17
| |
Art. 185. Human Relations Commission and Discrimination.
|
Ch. 125
| |
TITLE ELEVEN - Budget and Control
| ||
Art. 201. Request for Appropriation.
|
Ch. 30
| |
Art. 203. Form of Budget Ordinance.
|
Ch. 30
| |
Art. 205. Public Hearings on Budget and Adoption
of Annual Budget.
|
Ch. 30
| |
Art. 207. Monthly Budget Reports and Quarterly
Budget and Performance Review.
|
Ch. 30
| |
Art. 209. Certain Transfers Prohibited; Revenue
and Expenditure Adjustments.
|
Ch. 30
| |
PART THREE - BUSINESS LICENSING AND TAXATION
CODE
| ||
TITLE THREE - Licensing Provisions
| ||
Art. 311. Amusement Places.
| ||
Art. 317. Motor Buses and Passenger Vehicles
for Hire.
| ||
Art. 318. Charter or Tour Buses.
| ||
Art. 319. Business Licensing.
|
Ch. 186
| |
Art. 321. Telephone Companies.
|
Ch. 271
| |
Art. 329. Home Improvement Contractors.
|
Ch. 117
| |
Art. 331. Cart Vending.
| ||
TITLE FIVE - Taxation
| ||
Art. 371. Juke Boxes and Mechanical Amusement
Devices.
|
Ch. 92, Art. II
| |
Art. 373. Resident Earned Income Tax.
| ||
Art. 375. Occupational Privilege Tax.
| ||
Art. 376. Occupation and Per Capita Tax.
|
Ch. 270, Art. III
| |
Art. 377. Property and Residence Tax.
| ||
Art. 379. County Assessment Law.
|
Ch. 13
| |
Art. 381. Income Exemptions.
| ||
Art. 383. Deteriorated Property Exemptions.
| ||
Art. 385. Realty Transfer Tax.
| ||
PART FIVE - TRAFFIC CODE
| ||
TITLE ONE - Administration
| ||
Art. 501. Definitions.
| ||
Art. 503. Traffic Commission.
| ||
Art. 505. Traffic Control Maps and File.
| ||
Art. 507. Enforcement and Penalty.
| ||
TITLE THREE - Parking
| ||
Art. 511. Parking Restrictions Generally.
| ||
Art. 513. Parking Meters.
| ||
Art. 514. Residential Parking Permits.
| ||
Art. 515. Impounding of Vehicles.
| ||
Art. 516. City Owned Parking Lots.
| ||
Art. 517. Street Sweeping Maps.
| ||
Art. 518. Immobilization of Vehicles.
| ||
Art. 519. Keys in Unattended Vehicles.
| ||
Art. 521. Parking Rates.
|
Ch. 285, Art. XI
| |
Art. 522. Repair of Motor Vehicles on Public
Streets and Sidewalks.
| ||
TITLE FIVE - Miscellaneous Traffic Regulations
| ||
Art. 523. Private Driveways.
| ||
Art. 525. Pedestrians.
| ||
Art. 527. Accident Reports.
| ||
Art. 529. Bicycle Licensing and Operation.
|
Ch. 100
| |
Art. 531. Snow Emergencies.
| ||
Art. 532. Cruising.
| ||
PART SEVEN - GENERAL OFFENSES CODE
| ||
Art. 703. Advertising and Billposting.
|
Ch. 80.
| |
Art. 705. Alcoholic Beverages.
| ||
Art. 707. Automobile Graveyards.
|
Ch. 177
| |
Art. 711. Destruction of Property.
|
Ch. 219
| |
Art. 715. Dogs and Other Animals.
| ||
Art. 717. Disorderly Conduct.
| ||
Art. 719. Disturbances of the Peace.
| ||
Art. 721. Dumping; Incinerators.
| ||
Art. 727. Anti-Litter.
| ||
Art. 729. Anti-Graffiti.
|
Ch. 146
| |
Art. 731. Minor's Curfew.
|
Ch. 121
| |
Art. 733. Motion Picture Attendance.
| ||
Art. 734. Noise Control.
|
Ch. 198
| |
Art. 735. Safety.
|
Ch. 236
| |
Art. 736. Alarms.
|
Ch. 84
| |
Art. 739. Streets and Sidewalks.
| ||
Art. 743. Drug Related Loitering.
|
Ch. 190, Art. I
| |
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES
CODE
| ||
TITLE ONE - Streets and Sidewalks
| ||
Art. 901. Opening or Widening Streets.
| ||
Art. 903. Grading, Paving and Curbing Streets.
| ||
Art. 904. Curb and Sidewalk Regulations.
| ||
Art. 911. Street Names and House Numbers.
|
Ch. 113
| |
Art. 913. Street Excavations.
| ||
TITLE THREE - Sewers and Sewage
| ||
Art. 921. Sewer System Regulations.
| ||
Art. 923. Sewer Tapping; Plumbing Inspection.
| ||
Art. 925. Sewer Rentals and Charges.
| ||
Art. 927. Sewer Rentals and Regulations Outside
City.
| ||
Art. 929. Payment for Sewer Construction or
Repairs.
| ||
Art. 931. Extension of Sewer Mains.
|
Ch. 249, Art. VI
| |
TITLE FIVE - Water Supply and Service
| ||
Art. 935. Definitions.
|
Ch. 295
| |
Art. 937. Water Service.
|
Ch. 295
| |
Art. 939. Service Connections.
|
Ch. 295
| |
Art. 941. Service Applications and Special Contracts.
|
Ch. 295
| |
Art. 943. Meters.
|
Ch. 295
| |
Art. 945. Billing and Administration.
|
Ch. 295
| |
Art. 947. Water Rates.
|
Ch. 295
| |
Art. 949. Service Discontinuance and Restoration.
|
Ch. 295
| |
Art. 951. General Water Regulations.
|
Ch. 295
| |
Art. 955. Assessment for Water Mains.
|
Ch. 295
| |
Art. 957. Extension of Water Mains.
|
Ch. 295
| |
TITLE SEVEN - Private Utilities
| ||
Art. 959. Utility Poles and Wires.
|
Ch. 279
| |
Art. 969. Community Television System.
|
Ch. A305
| |
TITLE NINE - Solid Waste
| ||
Art. 971. Solid Waste Management.
| ||
Art. 975. Solid and Municipal Waste.
|
Ch. 258, Art. V
| |
Art. 977. Solid Waste and Recyclables Management.
|
Ch. 258, Art. VI
| |
TITLE ELEVEN - Public Markets
| ||
Art. 981. Administration and Regulations.
|
Ch. 228
| |
TITLE THIRTEEN - Other Public Services and Properties
| ||
Art. 993. Parks and Playgrounds.
|
Ch. 210
| |
Art. 995. Shade Trees.
|
Ch. 273
| |
PART ELEVEN - PUBLIC HEALTH CODE
| ||
TITLE ONE - Administration
| ||
Art. 1101. Board of Health.
| ||
TITLE THREE - Milk Code
| ||
Art. 1111. Definitions.
|
Ch. 194
| |
Art. 1113. Licensing.
|
Ch. 194
| |
Art. 1115. Frozen Milk Products.
|
Ch. 194
| |
Art. 1117. Labeling.
|
Ch. 194
| |
Art. 1119. Sales.
|
Ch. 194
| |
Art. 1121. Enforcement and Penalty.
|
Ch. 194
| |
TITLE FIVE - Meat Code
| ||
Art. 1131. Licensing.
|
Ch. 192
| |
Art. 1133. Inspections.
|
Ch. 192
| |
Art. 1135. Sanitary Conditions.
|
Ch. 192
| |
Art. 1137. Stamping.
|
Ch. 192
| |
Art. 1139. Labeling and Selling.
|
Ch. 192
| |
Art. 1141. Enforcement and Penalty.
|
Ch. 192
| |
TITLE SEVEN - Food Establishments
| ||
Art. 1161. Restaurants.
| ||
Art. 1162. Sidewalk Cafes.
| ||
TITLE NINE - Environmental Sanitation
| ||
Art. 1165. Privy Wells and Cesspools.
|
Ch. 249, Art. VII
| |
Art. 1167. Unsanitary Premises.
| ||
Art. 1168. Grass and Weeds.
|
Ch. 105
| |
Art. 1169. Scavengers.
| ||
Art. 1173. Burying Carcasses.
| ||
Art. 1175. Spitting.
| ||
Art. 1177. Hazardous Vehicles.
|
Ch. 288
| |
TITLE ELEVEN - Sickness or Disease
| ||
Art. 1181. Contagious or Infectious Diseases.
| ||
Art. 1183. Lead Poison Control Ordinance.
|
Ch. 182
| |
PART THIRTEEN - PLANNING AND ZONING CODE
| ||
TITLE THREE - Subdivisions and Land Development
| ||
Art. 1311. Application and Compliance.
|
Ch. 265
| |
Art. 1313. Definitions.
|
Ch. 265
| |
Art. 1315. Plan Procedures and Requirements.
|
Ch. 265
| |
Art. 1317. Preliminary Plan.
|
Ch. 265
| |
Art. 1319. Final Plan.
|
Ch. 265
| |
Art. 1321. Design Standards.
|
Ch. 265
| |
Art. 1323. Improvement and Construction Requirements.
|
Ch. 265
| |
Art. 1325. Administration, Fees and Penalty.
|
Ch. 265
| |
Appendix A. Required Certificates and Acknowledgments.
|
Ch. 265
| |
Appendix B. On-Lot Sewage Disposal System Requirements.
|
Ch. 265
| |
TITLE FIVE - Zoning
|
Ch. 300
| |
PART FIFTEEN - FIRE PREVENTION CODE
| ||
Art. 1501. Standard Adopted.
|
Ch. 142
| |
Art. 1511. Fire Insurance Escrow Act.
| ||
PART SEVENTEEN - BUILDING AND HOUSING
| ||
TITLE ONE - Standards Adopted
| ||
Art. 1701. BOCA National Building Code.
| ||
Art. 1703. Plumbing Code.
|
Ch. 215, Art. I
| |
Art. 1704. Licensing Plumbers.
| ||
Art. 1705. Electrical Code.
|
Ch. 134
| |
TITLE THREE - Housing Code
| ||
Art. 1731. Definitions.
| ||
Art. 1733. Administration; Inspection, Penalties.
| ||
Art. 1735. Administrative Board of Housing Violation
Review.
| ||
Art. 1737. Board of Housing Appeals and Revisions.
| ||
Art. 1739. Notices and Appeals.
| ||
Art. 1741. Dwellings Unfit for Habitation; Abatement
of Violations.
| ||
Art. 1743. Minimum Standards.
| ||
Art. 1744. Minimum Standards for Unoccupied
Dwellings.
| ||
Art. 1745. Responsibilities of Owners and Occupants.
|
Ch. 223
| |
Art. 1747. Licensing.
|
Ch. 243, Art. I
| |
Art. 1748. Registration of One-Family Dwellings
and Two-Family Dwellings.
|
Ch. 232
| |
Art. 1749. Responsible Agent.
|
Ch. 243, Art. II
| |
Art. 1750. Graffiti.
| ||
TITLE FIVE - Other Regulations
| ||
Art. 1751. Signs.
|
Ch. 255
| |
Art. 1761. Parking Lot Construction and Drainage.
|
Ch. 202
| |
Art. 1763. Historic Lancaster.
|
Ch. 155
| |
Art. 1765. Private Swimming Pools.
|
Ch. 267
| |
Art. 1767. Lancaster Property Reinvestment Board.
| ||
TITLE SEVEN - Commercial Structure Code
| ||
Art. 1772. Definitions.
| ||
Art. 1773. Application, Enforcement and Penalty.
| ||
Art. 1774. Duties and Responsibilities.
|
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.
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.
Three copies of the Code in a post-bound volume
shall be filed with the Ordinance Book in the office of the City Clerk
and shall remain there for use and examination by the public. Upon
adoption, such copies shall be certified to by the City Clerk, as
provided by law, and such certified copies shall remain on file in
the office of the City Clerk, 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 City 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 City Clerk 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 City Clerk for the use of the public. All changes in
said Code and all legislation adopted by the City Council subsequent
to the effective date of this codification which the City Council
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 City Clerk, 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 city. 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 city to be misrepresented thereby.
Anyone violating this section of this ordinance shall, upon conviction
thereof, be punished by a fine not exceeding $600, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not
exceeding 90 days.
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. It is hereby declared to be the intent of the
City Council 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 October 14, 1997.
[Adopted 6-23-2009 by Ord. No. 10-2009]
City Council of the City of Lancaster be and hereby is authorized
to modify any and all fees heretofore or hereafter established by
ordinance and, whether codified in the Code of the City of Lancaster
or not, by resolution.
City Council of the City of Lancaster may, by resolution, from
time to time authorize, establish and implement fees for the administration
of City services.