Township of Butler, PA General Provisions

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 Butler, County of Butler, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles 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 Township of Butler, which shall be known and is hereby designated as the "Code of the Township of Butler," hereinafter referred to as the "Code."

§ 1-2 Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of ordinances, resolutions and provisions of the 1965 Code of Ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances, resolutions and 1965 Code of Ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance, resolution or 1965 Code of Ordinances. 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 Butler, 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such provisions of former ordinances or of the 1965 Code of Ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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.

Resolutions included in this Code may hereafter be amended, modified or repealed by resolution.

The following Distribution Table lists the various sections of the 1965 Code of Ordinances, together with their corresponding titles, and gives their locations in the 1998 Code:

Distribution Table
Location in 1965 Code of Ordinances			Subject	Chapter No. in 1998 Code
			General Provisions	Ch. 1
Chapter I			Administration and Government
	Part 1		Elected Officers
		Sections 1 - 3	Meetings of Board of Commissioners	Repealed effective with Code adoption (Ch. 1, Art. I)
		Section 4	Salary of Commissioners	Ch. 95
		Sections 5 & 6	Township Treasurer	Ch. 101
	Part 2		Firemen's Relief	Ch. 45
	Part 3		Authorities
		Sections 31 - 34	Deshon Area Sewer Authority and South Butler Sewer System Authority	Repealed effective with Code adoption (Ch. 1, Art. I)
		Sections 35 - 36	Northwest Sewer System Authority	Terminated per 11-20-1972 Res.
		Sections 37 - 41	Joint Authority	Ch. 7, Art. I, §§ 7-1 - 7-5
	Part 4		Pensions, Retirement and Social Security	See Ch. 72
	Part 5		Employee Regulations and Benefits	Repealed effective with Code adoption (Ch. 1, Art. I)
	Part 6		Fiscal Affairs	New legislation pending; see Ch. 33
	Part 7		Boards and Committees
		Sections 131 - 137	Planning Commission	Ch. 78
		Sections 138 - 146	Recreation Board	Repealed effective with Code adoption (Ch. 1, Art. I)
	Part 8		Adult School Crossing Guard	Repealed effective with Code adoption (Ch. 1, Art. I)
Chapter II			Animals	No text; marked as "Reserved" in 1965 Code of Ordinances
Chapter III			Bicycles	Repealed effective with Code adoption (Ch. 1, Art. I)
Chapter IV			Buildings	Repealed effective with Code adoption (Ch. 1, Art. I)
Chapter V			Conduct
		Section 1	Disorderly Conduct	Repealed effective with Code adoption (Ch. 1, Art. I)
		Section 2	Firearms	Ch. 172
		Sections 3 - 5	Loudspeakers	Ch. 207, Art. I
		Sections 6 - 10	Consumption of Alcoholic Beverages by Minors	Preempted by statute
		Sections 11 - 13	Removal of Signs and Advertisements	Repealed effective with Code adoption (Ch. 1, Art. I)
Chapter VI			Curfew	Ch. 149
Chapter VII			Fire Prevention and Fire Fighting	Superseded by Ord. No. 757; see Ch. 184
Chapter VIII			Franchises
	Part 1		Electric	Not desired for inclusion in Code; saved from repeal
	Part 2		Sewers
		Section 21	General State Authority	Repealed effective with Code adoption (Ch. 1, Art. I)
		Sections 22 - 25	Butler Area Sewer Authority	Ch. 7, Art. I, §§ 7-6 - 7-9
	Part 3		Telephone	Not desired for inclusion in Code; saved from repeal
	Part 4		Water	Not desired for inclusion in Code; saved from repeal
	Part 5		Television	Superseded by Ord. No. 627; see Ch. A304
	Part 6		Sewer and Water	Ch. 7, Art. II, §§ 7-11 - 7-15
Chapter IX			Garbage and Refuse	Superseded by Ord. No. 696; see Ch. 231, Art. II
Chapter X			Health and Sanitation
	Part 1		Health Administration	Repealed effective with Code adoption (Ch. 1, Art. I)
	Part 2		Food Handlers	Preempted by DER
	Part 3		Grass and Weeds	New legislation pending; see Ch. 127
Chapter XI			Housing	No text; marked as "Reserved" in 1965 Code of Ordinances
Chapter XII			Land Subdivision	Superseded by Ord. No. 730; see Ch. 252
Chapter XIII			Licenses, Permits and General Business Regulations
	Part 1		Amusements and Amusement Devices	Repealed effective with Code adoption (Ch. 1, Art. I)
	Part 2		Gasoline Tanks and Pumps	Repealed effective with Code adoption (Ch. 1, Art. I)
	Part 3		Peddlers	Superseded by Ord. No. 744; see Ch. 214
	Part 4		Utility Poles	Repealed effective with Code adoption (Ch. 1, Art. I)
	Part 5		Prophylactic Rubber Goods	Repealed effective with Code adoption (Ch. 1, Art. I)
	Part 6		Rental Property	Ch. 266
	Part 7		Grading	New legislation pending; see Ch. 188
Chapter XIV			Motor Vehicles and Traffic
	Part 1		General Traffic and Parking Regulations	New legislation pending; see Ch. 272
	Part 2		Abandoned and Junked Automobiles	Ch. 278
Chapter XV			Parks and Recreation	No text; marked as "Reserved" in 1965 Code of Ordinances
Chapter XVI			Plumbing	No text; marked as "Reserved" in 1965 Code of Ordinances
Chapter XVII			Sewers and Sewage Disposal
	Part 1		Sewer Connections	Superseded by Ord. No. 546; see Ch. 224, Art. IV
	Part 2		Tapping Fees and Sewer Rentals	Repealed effective with Code adoption (Ch. 1, Art. I)
	Part 3		Sewer Uses
		Sections 61 & 62	Downspouts and Pipes	Repealed effective with Code adoption (Ch. 1, Art. I)
		Sections 63 - 68	Prohibited Discharge	Ch. 224, Art. I
	Part 4		Individual Sewage Disposal Systems	Repealed effective with Code adoption (Ch. 1, Art. I)
	Part 5		Holding Tanks	Ch. 224, Art. III
Chapter XVIII			Streets and Sidewalks
	Part 1		Street Plans and Construction Standards
		Sections 1 - 6	Approval and Filing of Plans	Ch. 245, Art. I
		Sections 7 - 15	Grading and Drainage	Repealed effective with Code adoption (Ch. 1, Art. I)
		Sections 16 - 19	Drainage Pipes	Ch. 156, Art. II
		Sections 20 - 23	Drainage Standards	Ch. 156, Art. I
	Part 2		Street Excavations	Superseded by Ord. No. 708; see Ch. 245, Art. III
Chapter XIX			Taxation, Special
	Part 1		Per Capita	Ch. 259, Art. I
	Part 2		Real Estate Transfer	Superseded by Ord. No. 647; see Ch. 259, Art. VI
	Part 3		Occupation Privilege	Ch. 259, Art. II
	Part 4		Earned Income	Ch. 259, Art. III
Chapter XX			Trailers	Repealed effective with Code adoption (Ch. 1, Art. I)
Chapter XXI			Trees	No text; marked as "Reserved" in 1965 Code of Ordinances
Chapter XXII			Zoning	Superseded by Ord. No. 441; see Ch. 300
Chapter XXIII			Water	Ch. 290, Art. I
	Appendix, Part I		Agreements and Contracts	Not Code material
	Appendix, Part II		Bond Issues and Loans	Not Code material
	Appendix, Part III		Governmental and Intergovernmental Affairs	Not Code material
	Appendix, Part IV		Plan Approval	Not Code material
	Appendix, Part V		Public Property	Not Code material
	Appendix, Part VI		Sewers and Drains	Not Code material
	Appendix, Part VII		Streets	See Ch. A305
	Appendix, Part VIII		Taxation	Not Code material
	Appendix, Part IX		Zoning, Prior Ordinances	Not included; superseded

§ 1-3 Repeal of legislation not contained in Code.

All ordinances or parts of ordinances of a general and permanent nature, including those codified in the 1965 Code of Ordinances, adopted by the Township of Butler 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.

Resolutions are not affected by this repealer.

§ 1-4 Legislation saved from repeal; matters not affected by repeal.

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:

Any ordinance adopted subsequent to 6-15-1998.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township or any lawful contract, obligation or agreement.

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.

Any ordinance adopting an annual budget or establishing an annual tax rate.

Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.

Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.

Any ordinance annexing land to the Township.

Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.

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.

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.

Any ordinance providing for the making of public improvements.

Any ordinance providing for the salaries and compensation of officers and employees of the Township or setting the bond of any officer or employee.

Any legislation regulating personnel policies.

Any legislation relating to or establishing a pension plan or pension fund or other retirement benefit for municipal employees.

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Township.

Any legislation regarding rules for public comment during Board meetings.

Any ordinance concerning changes and amendments to the Zoning Map.

Municipal Employers Trust Agreements.

§ 1-5 Inclusion of new legislation prior to adoption of Code.

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.

§ 1-6 Changes and revisions in previously adopted legislation; new provisions.

Nonsubstantive grammatical changes. In compiling and preparing the ordinances, resolutions and provisions of the 1965 Code of 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 and resolutions. It is the intention of the Board of Commissioners that all such changes be adopted as part of the Code as if the language so changed had been previously formally amended to read as such.

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, resolutions and provisions of the 1965 Code of 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.[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) 10-5-1998 by Ord. No. 765." Schedule A, which contains a complete description of all changes, is on file in the Township offices.

Nomenclature.

(1)

The term "Zoning Officer" is hereby changed to read "Zoning Officer or his authorized representative" in the following sections of the Code: §§ 134-3; 176-3C.

(2)

The term "workmen's compensation" is hereby changed to read "workers' compensation" in the following sections of the Code: § 41-4; Ch. 55, Art. III.

(3)

The terms "Justice of the Peace" and "District Magistrate" are hereby changed to "District Justice" throughout the Code.

§ 1-7 Interpretation of provisions.

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.

§ 1-8 Titles and headings; editor's notes.

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.

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.

§ 1-9 Filing of copies of Code.

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.

§ 1-10 Amendments to Code.

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.

§ 1-11 Code books to be kept up-to-date.

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.

§ 1-12 Publication of notices.

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.

§ 1-13 Altering or tampering with Code; penalties for violation.

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.

§ 1-14 Severability.

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 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.

§ 1-15 Effective date.

All provisions of this ordinance and of the Code shall be in force and effect on and after October 5, 1998.