[HISTORY: Adopted by the Board of Supervisors of the Township of
Pine as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-21-1988 by Ord. No. 173]
Pursuant to Section 702, Clause XLI.1 (53 P.S. § 65741.1)
of the Second Class Township Code,[1] the codification of a complete body of ordinances for the Township of Pine, County of Allegheny, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 138, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Pine, which shall be known and is hereby designated as the "Code of the Township of Pine," hereinafter referred to as the "Code."
[1]
Editor's Note: See now 53 P.S. § 66601.
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 Board of Supervisors of the Township of Pine, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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by the Township of Pine and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.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 February 1, 1988.
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 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 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 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; or 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.
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.
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 Supervisors
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, the following changes and revisions of a substantive nature are hereby made to various ordinances included in the Code. These changes are made 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 ordinances 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.[1]
[1]
Editor's Note: Pursuant to § 1-6B, the following sections, articles and chapters were added or amended: §§ 24-5, 24-7, Ch. 38, Ch. 44, §§ 48-3A, 48-7, 48-8, 48-25C, Ch. 52, §§ 62-40, 62-43, 62-48, 68-10, 68-14B, Ch. 72, § 78-31F and H(1), 78-41, 78-55B, 84-5, 84-8, 84-9, 84-37, 84-43, 84-50, 84-57, 84-66, 84-68, 84-76, 84-79, 84-86, 84-88, 84-148, 84-149, 84-156A, 90-8C, Ch. 92, §§ 94-3, 98-6, 98-7, Ch. 104, §§ 110-1, 110-2, 110-3, 110-5, Ch. 116, §§ 120-5B, 120-8A and B, 120-17, 128-5B(3), (4), (5), (6) and (7), 128-6, 128-9A and B, 128-11, 128-17, 128-18B, 128-19C, 128-20, Art. III of Ch. 128, §§ 123-35, 128-37A, 128-38B, 128-40B, 128-41A, 128-42A, 128-43, 128-44, 134-4 and 138-8. The following provisions were deleted: Subsections 604 and 805 of Ord. No. 122, adopted 5-17-1982; and Section 8A of Ord. No. 104, adopted 12-6-1976; Ord. Nos. 142, adopted 5-15-1985; 145, adopted 3-19-1986; and 161, adopted 10-21-1987.
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 ordinances.
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 ordinances.
Three copies of the Code in a post-bound volume shall be filed with
the Ordinance Book in the office of the Township Manager and shall remain
there for use and examination by the public. Upon adoption, such copies shall
be certified to by the Township Manager, as provided by law, and such certified
copies shall remain on file in the office of the Township Manager, 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 Manager, 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
Manager for the use of the public. All changes in said Code and all ordinances
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 ordinances are printed as supplements to said Code
books, at which time such supplements shall be inserted therein.
The Township Manager, 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 $300 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 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 or part
thereof rendered. 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
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 December 21, 1988.
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[During the process of codification, certain complete new ordinances were approved by the Board of Supervisors for inclusion in the Code of the Township of Pine. Such new ordinances are noted in the histories of individual chapters as "Adopted ... during codification; see Ch. 1, General Provisions, Art. II." During the course of routine supplementation, specific amendment dates will be inserted where pertinent in the text of the various chapters. The listing below sets forth each chapter and, where applicable, each section affected by any such legislation adopted during codification. The complete text of such amendments is on file in the office of the Township Manager where it may be inspected during regular office hours.]
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Chapter/Section
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Adoption Date
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Legislation
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38, Planning Commission
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12-21-1988
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Ord. No. 173
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44, Building Construction
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12-21-1988
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Ord. No. 173
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52, Fire Prevention
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12-21-1988
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Ord. No. 173
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72, Streets and Sidewalks
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12-21-1988
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Ord. No. 173
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92, Amusement Devices
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12-21-1988
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Ord. No. 173
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116, Parks and Recreation
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12-21-1988
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Ord. No. 173
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