[Adopted 12-30-1975 as Ord. No. 174, approved 12-30-1975]
Pursuant to § 1008(b) of the Borough Code, the codification of a complete body of ordinances for the Borough of Matamoras, County of Pike, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 to 125, inclusive, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Matamoras, which shall be known as the "Code of the Borough of Matamoras," hereinafter referred to as the "Code."
All provisions of the Code shall be in force and effect on and after December 30, 1975.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Borough of Matamoras and in force on the date of the adoption of this Code, and not contained in the Code, are hereby repealed as of the effective date given in § 1-2 above, except as hereinafter provided.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:
Any ordinance adopted subsequent to June 27, 1975.
Any right or liability established, accrued or incurred under any legislative provision of the borough prior to the effective date of this Code, or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this Code in violation of any legislative provision of the borough, 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 Code brought pursuant to any legislative provision of the borough.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the borough.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place.
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.
Any ordinance authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
Any ordinance annexing land to the borough.
Any ordinance designating the boundaries of water, sewer or other special purpose districts.
The levy or imposition of special assessments or charges.
The dedication of property.
Any ordinance establishing the real property tax rate.
Any ordinance establishing the salary or compensation of an appointed (nonelected) officer of 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.
In compiling and preparing the ordinances of the borough for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one (1) 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.
Three (3) copies of the Code in a post-bound volume shall be filed with the ordinance book in the office of the Borough Secretary and shall remain there for use and examination by the public. Upon adoption, such copies shall be certified to by the Borough Secretary, as provided by law, and such certified copies shall remain on file in the office of the Borough Secretary available to persons desiring to examine the same during all times while the said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code when passed and enacted 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 enacted, they shall thereafter be printed and, as provided hereunder, inserted in the post-bound book containing the said Code, as amendments and supplements thereto.
It shall be the duty of the Borough Secretary, or someone authorized and directed by her, to keep up-to-date the certified copies of the book containing the Code required to be filed in the office of the Borough Secretary for the use of the public. All changes in said Code and all ordinances enacted by the Borough Council subsequent to the effective date of this codification which the Borough Council shall enact specifically as part of the Code shall, when finally enacted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, 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 introduction and of the adoption of this 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. The enactment and application of this Code, 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.
Each section of this 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.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the borough to be misrepresented thereby. Anyone violating this section of this chapter shall be subject, upon conviction in a summary proceeding before any District Justice, to a fine of not more than three hundred dollars ($300.) and costs of prosecution.
The following substantive changes, amendments or revisions to previously enacted ordinances included in the Code are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: Pursuant to § 1-14, changes, amendments or revisions were made to the following sections. A complete description of the changes is on file in the office of the Borough Secretary.
A. Sections added or amended: §§ 24-4, 28-12, 28-13, 39-1, 39-2, 39-4, 48-11A, 56-3, 67-2D, 67-11, 67-15, 78-12, 78-15, 82-5, 85-2B, 85-3, 87-2, 93-12, 99-10A, 105-2, 105-19, 112-1 and 112-12A.
B. Sections repealed: original Sections 10, 12, 14 and 16 of Ord. No. 18 adopted 5-13-1905; original Sections 1 to 8 of Ord. No. 11 adopted 5-13-1905; and original Section 2 of Ord. No. 4 adopted 5-13-1905.