[HISTORY: Adopted by the Town Council of the Municipality of Kingston: Art. I, 2-11-1985. Amendments noted where applicable.]
Article I Adoption of Code
The codification of a complete body of ordinances for the Municipality of Kingston, County of Luzerne, Commonwealth of Pennsylvania, revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 183, together with an Index, is hereby approved, adopted, ordained and enacted as the "Code of the Municipality of Kingston," hereinafter known and referred to as the "Code," pursuant to the Home Rule Charter of the Municipality of Kingston, as enacted pursuant to Act No. 62 of 1972, as amended.
All provisions of the Code shall be in full force and effect on and after March 15, 1985.
All ordinances or parts of ordinances of a general and permanent nature adopted by the Municipality of Kingston and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this ordinance, except as hereinafter provided.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 March 15, 1985.
Any right or liability established, accrued or incurred under any legislative provision of the municipality prior to the effective date of this ordinance, 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 ordinance in violation of any legislative provision of the municipality, 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 municipality.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the municipality.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of 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 municipality or other instruments or evidence of the municipality'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 municipality.
The levy or imposition of taxes, special assessments or charges.
The dedication of property.
Any currently effective ordinance or resolution establishing the salaries or compensation of officers and employees of the municipality.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or 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 Municipality of Kingston 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 Town 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.
Certain changes of a substantive nature have been made to various ordinances found within the Code and certain new materials have been added to the Code. These changes and additions have been made to bring the provisions of the Code into conformity with the desired policies of the Town Council, and it is the intent of the Town Council that all such changes and additions be adopted as part of the Code as if the ordinances so changed or added had been previously formally amended or adopted to read as such. Such changes and additions are cited within the historical statements by the terms "amended at time of adoption of Code" or "adopted at time of adoption of Code." These changes and additions are further detailed as follows.
Editor's Note: Pursuant to § 1-6B, the following Code sections and chapters were amended, added or revised: §§ 3-23B, 21-4, 31-1, 31-3, 48-10, 48-11, 60-1, 80-1, 80-6, 84-5, 84-9B, 92-1, 92-2, 103-8, 107-4, 118-1B, 118-2B, 131-9, 133-1, 156-49, 156-53, 156-56, 158-8A(1)(b), 158-11, 161-14, 161-41, 165-1, 165-5, 167-3, 167-19, 170-22A, 170-28, 181-8, 181-18E and 181-22; Chapters 94, 135 and 154; and Ch. 97, Subsection A of Appendix A.
A copy of the Code in a post-bound volume has been filed in the office of the Municipal Secretary and shall remain there for use and examination by the public until final action is taken on this ordinance. When this ordinance shall be adopted, such copy shall be certified to by the Municipal Secretary, as provided by law, and such certified copy shall remain on file in the office of the Municipal Secretary, 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 Town 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 adopted, they shall thereafter give 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 Municipal Secretary or someone authorized and directed by the Secretary to keep up-to-date the certified copy of the book containing the Code required to be filed in the office of the Secretary for the use of the public. All changes in said Code and all ordinances adopted by the Town Council subsequent to the effective date of this codification, which the Council 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 book, at which time such supplements shall be inserted therein.
Copies of the book containing the Code may be purchased from the Municipal Secretary upon the payment of a fee to be set by resolution of the Town Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.
The Municipal Secretary, pursuant to law, shall cause to be published in the manner required a notice of the adoption of this ordinance adopting the Code in a newspaper of general circulation in the municipality. Sufficient copies of the Code shall be maintained in the office of the Municipal Secretary for inspection by the public at all times during regular office hours. The enactment and application of this ordinance adopting the Code, coupled with 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 the 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.
Each section of this ordinance is an independent section, and the holding of any section or 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 municipality to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than three hundred dollars ($300.) and costs of prosecution, and upon default in payment of the fine and costs, to imprisonment in the county jail for not more than thirty (30) days.