[HISTORY: Adopted by the Board of Supervisors of the Township of
Hamilton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-13-2004 by Ord. No. 108]
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 Hamilton, County of Adams, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 150, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Hamilton, which shall be known and is hereby designated as the "Code of the Township of Hamilton," 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 Hamilton, 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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the Township of Hamilton and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-15 below, except as hereinafter provided.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 5-3-2004.
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.
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 such fees are subsequently set by resolution of Borough
Council.
S.
Any ordinance enacting building or construction codes
for the Township, or adopting or amending standards relating thereto, except
as may be superseded by the Pennsylvania Uniform Construction Code or similar
state-mandated standards.
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) 9-13-2004 by Ord. No. 108." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Nomenclature.
(1)
Throughout the Code, any references to the following
are updated to read as indicated:
(a)
"Justice of the Peace" or "District Magistrate" to "District
Justice."
(b)
"Department of Environmental Resources" or "DER" to "Department
of Environmental Protection" or "DEP."
(c)
"Department of Community Affairs" to "Department of Community
and Economic Development."
(d)
"Secretary" or "Treasurer" is revised to "Secretary/Treasurer,"
as appropriate.
E.
Penalties.
(1)
Civil enforcement. Sections 38-11A, 47-5, 75-6, 75-9, 99-3, 124-18 and 130-11 are amended or added, in whole or in part, to provide that the penalty provision shall be at the civil enforcement level, as follows: "Any person who violates or permits a violation of this [chapter/article] shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, 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/article]. No judgment shall be imposed until the date of the determination of the violation by the District Justice. 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. Hamilton Township police officers, or other appropriate officer(s) of Hamilton Township, shall have the power to enforce the provisions of this [chapter/article]."
(2)
Criminal enforcement. Sections 6-5, 50-2, 78-5, 81-13, 88-4, 103-6, 103-13, 103-22, 103-50, 103-63, 103-86, 112-6 and 146-10A are added or amended, in whole or in part, 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. Hamilton Township police officers, or other appropriate officer(s) of Hamilton Township, shall have the power to enforce the provisions of this [chapter/article]."
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/Treasurer
and shall remain there for use and examination by the public. Upon adoption,
such copy shall be certified to by the Township Secretary/Treasurer, as provided
by law, and such certified copy shall remain on file in the office of the
Township Secretary/Treasurer, 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/Treasurer 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/Treasurer 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/Treasurer, 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 September 13, 2004.
[Adopted 12-3-1996 as Secs. 1, 3 and 4 of Ord.
No. 75]
This article shall be known as the "Omnibus Procedure Enforcement Ordinance."
A.
The Board of Supervisors of the Township of Hamilton
shall and hereby is empowered to establish a form document entitled "Notice
of Ordinance Violation," which may be amended from time to time at the discretion
of the Board of Supervisors. Such enforcement notice shall contain such information
as deemed appropriate by the Board of Supervisors, in its discretion, but,
at a minimum, the following information:
(1)
Name, address and telephone number of the violator;
(2)
The location, date and time of the violation;
(3)
A citation of the ordinance violated and a general description
of the nature of the offense;
(4)
The amount of the fine to be paid within 15 days of the notice
of ordinance violation, the date by which it must be paid, and the amount
of the fine in the event enforcement proceedings are brought, and a judgment
entered by the appropriate District Justice;
(5)
A notice stating that the commencement of an action before the
appropriate District Justice will result in the imposition of filing fees,
other court costs, and reasonable attorney's fees incurred by the municipality;
(6)
The name and the address of the entity to whom the fine is to
be paid; and
(7)
A signature and title of the officer issuing the notice.
B.
Service of the notice of ordinance violation shall be
effected by the enforcement officer hand delivering a copy of the notice to
the violator, or by a police officer of the Hamilton Township Police Department,
and/or by mailing of same to the violator by certified mail, return receipt
requested.
A.
The following persons shall be authorized to issue enforcement
notices and execute and file complaints before the appropriate District Justice,
for the enforcement of Township ordinance remedies and penalties:
B.
In addition, staff employees of the Township may be designated,
from time to time, by resolution of the Board of Supervisors, to perform such
functions.
