[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-25-2000 by Ord. No. 1808]
Pursuant to Section 1502, Clause I, II (53 P.S. § 56502) of the First Class Township Code, the codification of a complete body of legislation for the Township of Ridley, County of Delaware, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 325, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Ridley, which shall be known and is hereby designated as the "Code of the Township of Ridley," 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, including the 1975 Code, 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 Board of Commissioners of the Township of Ridley, and it is the intention of said Board of Commissioners 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 Only such provisions of former ordinances or the 1975 Code as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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the Township of Ridley and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.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 3-26-2000.
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.
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; and in particular Ord. Nos. 1717
and 1744, and any amendments thereto, are saved from repeal.
R.
Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained from the
Township.
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 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. It is the intention of the Board of Commissioners
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.
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 included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Commissioners, and it is the intent of the Board of Commissioners that all such changes be adopted as part of the Code as if the legislation so changed have been 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.
C.
Nomenclature. Throughout the Code, wherever the following
terms were used, they have been updated as follows:
(1)
The terms "Justice of the Peace," "Alderman" and "Magistrate"
are revised to read "District Justice."
(2)
The term "Department of Community Affairs" is revised
to read "Department of Community Affairs and Economic Development."
(3)
The term "Department of Environmental Resources" is revised
to read "Department of Environmental Protection" or "Department of Conservation
and Natural Resources," whichever is appropriate.
(4)
The term "Fire Bureau" is revised to read "Fire Department."
(5)
The terms "Chief of Police," "Police Chief" and "Superintendent
of Police" are revised to read "Captain of Police."
(6)
The term "Dogcatcher" is revised to read "Animal Control
Officer."
A.
SOLICITOR
TOWNSHIP or MUNICIPALITY
As used in this ordinance and the Code adopted hereby,
the following terms shall have the meanings indicated below, unless the context
clearly indicates another meaning:
The Township Solicitor of the Township of Ridley.
The Township of Ridley in the County of Delaware, Commonwealth of
Pennsylvania.
B.
In this ordinance and the Code adopted hereby, the usage
of various words and phrases shall be interpreted as follows, unless the context
clearly indicates otherwise:
C.
For the purposes of codification, the word "ordinance"
has been changed, as applicable, to the word "chapter," "article" or "section."
The usage of the words "chapter," "article" or "section" in such instances
shall not be construed as affecting in any way the original adoption of provisions
of this Code as ordinances or parts thereof.
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.
Three copies 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 copies shall
be certified to by the Township Secretary, as provided by law, and such certified
copies 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 Commissioners 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 copies 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 Commissioners subsequent to the effective date of
this codification which the Board of Commissioners 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 and of the adoption 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 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 Township 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
30 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 illegal, invalid or unconstitutional.
It is hereby declared to be the intent of the Board of Commissioners 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 25, 2000.
