[HISTORY: Adopted by the Borough Council of the Borough of
Spring Grove as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-3-1985 by Ord.
No. 5-1985]
The codification of a complete body of ordinances for the Borough of Spring Grove, County of York, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 144, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Spring Grove," hereinafter referred to as the "Code," pursuant to § 1008(b) of the Borough Code, 53 P.S. § 46008(b).[1]
[1]
Editor's Note: Former 53 P.S. § 46008(b) was repealed
by 2012, May 17, P.L. 262, No. 43. See now 8 Pa.C.S.A. § 3301.5.
All provisions of the Code shall be in full force and effect
on and after July 1, 1985.
All ordinances or parts of ordinances of a general and permanent
nature adopted by the Borough of Spring Grove 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are hereby repealed as of the effective date of this ordinance, except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 October 1, 1984.
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.
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 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, 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.
J.
Any
ordinance designating the boundaries of water or sewer districts.
K.
The
levy or imposition of taxes, sewer rents, special assessments or charges.
L.
The
dedication of property.
M.
Any
current effective ordinance or resolution establishing the salaries
or compensation of officers and employees of the Borough.
N.
Any
ordinance amending the Zoning Map.
O.
An
ordinance adopted February 2, 1981, establishing an agreement between
the Borough of Spring Grove and the Township of Jackson entered into
on January 5, 1981, for police protection for the Borough.
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.
A.
In
compiling and preparing the ordinances of the Borough for adoption
and revision as part of the Code, certain grammatical and style changes
were made in one or more of said ordinances. It is the intention of
the 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]
A copy of the Code in a post-bound volume shall be 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. 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 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 postbound 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 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 books, 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.
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.
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.
[Amended 8-5-1991 by Ord.
No. 5-1991]
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 article 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 30 days.
[Adopted 5-2-2016 by Ord.
No. 1-2016]
The ordinances and legislation of the Borough of Spring Grove of a general and permanent nature, including the 1985 Code adopted by the Borough Council of the Borough of Spring Grove, as revised, codified and consolidated into chapters, articles and sections by General Code, as set forth in the Derivation Table included at the end of the Code, and as renumbered to consist of Chapters 1 through 400, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Spring Grove," hereafter referred to as the "Code."
In compiling and preparing the legislation and 1985 Code for
publication as the 2016 Code of the Borough of Spring Grove, no changes
in the meaning or intent of such legislation have been made. Certain
grammatical changes and other minor nonsubstantive changes were made
in one or more of said pieces of legislation. Chapters, articles and
sections have been renumbered pursuant to the Derivation Table included
at the end of the Code, including all internal references and cross-references.
It is the intention of the Borough Council that all such changes be
adopted as part of the Code as if the legislation had been previously
formally amended to read as such.
A.
Nomenclature. Throughout the Code, the following terms are revised
as indicated in conformity with statutory revisions:
(1)
"District Magistrate" and "District Justice" are changed to "Magisterial
District Judge."
(2)
"Department of Environmental Resources" and "DER" are changed to
"Department of Environmental Protection" and "DEP," respectively.
(3)
"Department of Community Affairs" is changed to "Department of Community
and Economic Development."
(4)
"Soil Conservation Service" is changed to "Natural Resources Conservation
Service."
(5)
"Burgess" is changed to "Mayor."
B.
Statutory references. Pursuant to the recodification of the Borough
Code in 2012 and 2014 (see now 8 Pa.C.S.A. § 101 et seq.),
statutory citations referring to specific sections of the Borough
Code have been updated accordingly throughout the Code.
C.
Code references. In the following sections of the Code, outdated
references to Code citations are deleted:
A.
The provisions of this Code, insofar as they are substantively the
same as those of ordinances and other legislation, including the 1985
Code, in force immediately prior to the enactment of this Code by
this ordinance, are intended as a continuation of such ordinances
and other legislation and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
ordinance or other legislation. 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 Spring Grove, and it is the
intention of said Borough Council that each such provision contained
within the Code is hereby reaffirmed as it appears in said Code.
B.
For purposes of transition from the 1985 Code to this Code, any reference
to a chapter or section number from the 1985 Code on or in any form,
license, permit, ticket or other Borough of Spring Grove document
shall be deemed to refer to the corresponding chapter or section in
this Code until such form, license, permit, ticket or other Borough
of Spring Grove document is revised or reprinted to refer to the numbering
in this Code.
The Borough of Spring Grove Secretary, pursuant to law, shall
cause to be published in the manner required a notice of the introduction
and of the adoption of the renumbered Code in a newspaper of general
circulation in the Borough of Spring Grove. 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 a copy or 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.
All provisions of this ordinance and of the Code shall be in
force and effect on and after May 2, 2016.
