[Adopted 12-2-1975 by Ord. No. 254 (Part
1, Ch. 1, Secs. 1-1001 through 1-1007 and 1-1009, of the 1975 Code
of Ordinances)]
The provisions embraced in the following chapters
and sections shall constitute and be designated the "Code of Ordinances,
Borough of Malvern, Pennsylvania," and may be so cited.
In the construction of this Code and of all
ordinances, the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of Council.
The word "Commonwealth" shall be construed to mean the Commonwealth
of Pennsylvania.
Whenever the words "the Council" or "Borough Council" are
used, they shall mean the Council of the Borough of Malvern.
The words "the county" or "this county" shall mean Chester
County, Pennsylvania.
The words "District Justice" shall also mean District Magistrate.
A word connotating the masculine gender only shall extend
and be applied to females and to firms, partnerships and corporations
as well as to males.
The word "individual" shall mean any natural person, male
or female.
The word "limits" shall mean the corporate limits or legal
boundary of the Borough of Malvern.
Whenever the word "Mayor" is used it shall mean the Mayor
of the Borough of Malvern.
The words "the municipality" or "this municipality" shall
mean the Borough of Malvern, Pennsylvania.
Whenever the name of an officer is given it shall be construed
as though the words "the Borough of Malvern" were added.
Words and phrases shall be construed according to the common
and approved usage of the language; but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
Words used in the singular include the plural, and the plural
includes the singular number.
The word "oath" shall be construed to include an affirmation
in all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
"Or" may be read "and" and "and" may be read "or" if the
sense requires it.
Whenever reference is made to officers, agencies or departments
by title only, i.e., "Manager," "Secretary," "Treasurer," "Solicitor,"
"Engineer," "Tax Collector," "Tax Receiver," etc., they shall mean
the officers, agencies, or departments of the Borough of Malvern.
The word "person" shall extend and be applied to associations,
or organizations, clubs, societies, firms, partnerships, corporations
and bodies politic and corporate, or any combination thereof, as well
as to individuals.
The word "sidewalk" shall mean any portion of a street between
the curbline and the adjacent property line, intended for the use
of pedestrians, excluding grass plots.
The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and all other public streets and ways in the Borough and shall embrace all parts thereof constituting and designated right-of-way. The word "street" shall also be construed to embrace highways as used and referred to in Chapter 200, Vehicles and Traffic.
The catchlines of sections in this Code printed
in boldface type, and citations included at the end of sections are
intended to indicate the contents of the sections and original historical
sources respectively, and shall not be deemed or taken to be titles
and official sources of such sections, or as any part of the section,
nor, unless expressly so provided, shall they be so deemed when any
of such sections, including the catchlines or citations, are amended
or reenacted.
A.
The repeal of an ordinance shall not revive any ordinances
in force before or at the time the ordinance repealed took effect.
B.
The repeal of an ordinance shall not affect any punishment
or penalty incurred before the repeal took effect, nor any suit, prosecution
or proceeding pending at the time of the repeal, for an offense committed
under the ordinance repealed.
It is hereby declared to be the intention of
the Borough Council that the sections, paragraphs, sentences, clauses
and phrases of this Code are severable, and if any phrase, clause,
sentence, paragraph or section of this Code shall be declared unconstitutional,
illegal or otherwise invalid by the valid judgment or decree of a
court of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code.
All ordinances passed subsequent to this Code
of Ordinances which amend, repeal or in any way affect this Code of
Ordinances may be numbered in accordance with the numbering system
of this Code and printed for inclusion therein. When subsequent ordinances
repeal any chapter, section or subsection or any portion thereof,
such repealed portions may be excluded from this Code by omission
from reprinted pages.
A.
Amendments to any of the provisions of this Code should
be made by amending such provisions by specific reference to the section
of this Code in substantially the following language: "Section _____
of the Code of Ordinances of the Borough of Malvern, Pennsylvania
is hereby amended to read as follows: (set out new provisions in full.)
B.
When the Borough Council desires to enact an ordinance
of a general and permanent nature on a subject not heretofore existing
in the Code, which the Council desires to incorporate into the Code,
a section in substantially the following language shall be made a
part of the ordinance:
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"Section _____. It is the intention of the Council,
and it is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the Borough
of Malvern, Pennsylvania and the sections of this ordinance may be
renumbered to accomplish such intention."
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C.
All sections, articles, chapters or provisions of
this Code desired to be repealed should be specifically repealed by
section or chapter number, as the case may be.
It shall be unlawful for any person to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Borough of Malvern, Pennsylvania to be misrepresented thereby. Any person violating this section shall be punished as provided in § 1-9 hereof.
A certified copy of this Code shall be kept
on file in the office of the Borough Secretary. It shall be the duty
of the Borough Secretary or someone duly authorized by the Borough
Secretary to insert in their designated places all amendments or ordinances
which indicate the intention of the Borough Council to make the same
a part of said Code when the same have been printed or reprinted in
page form and to extract from the Code all provisions which may be
from time to time repealed by the Borough Council. This copy of this
Code shall be available for all persons desiring to examine the Code,
and the copy on file shall be considered the official Code of the
Borough of Malvern.
