See also Statutory Construction Act of 1972, Act of December 6, 1972, P.L. 1339, as amended, 1 Pa.C.S.A. §§ 1901 to 1991.
§ 1-301.1Component codes; short title; citations.
§ 1-301.2Amendments and supplements; numbering.
§ 1-301.3Statutory construction.
§ 1-301.4Severability of provisions.
§ 1-301.5Penalty for tax or charge delinquency; exceptions.
§ 1-301.6Actions in assumpsit authorized.
§ 1-301.99General penalty.
The Codified Ordinances of Harrisburg, Pennsylvania, 1996, shall be comprised of the following component codes:
|Title 3||Public Safety|
|Title 4||Human Relations and Discrimination|
|Title 5||Licensing and Taxation|
|Title 6||Public Health|
|Title 7||Planning and Zoning|
|Title 8||Building and Housing Development|
|Title 9||Public Works|
|Title 10||Parks, Recreation and Enrichment|
Each code shall be subdivided into parts; each part shall be subdivided into chapters; and each chapter shall be subdivided into sections which shall be numbered in accordance with the decimal numbering system. The numbering of all sections except the penalty sections shall be consecutive within each chapter, commencing with the first section of Title 1, which shall be numbered § 1-101.1, the first "1" signifying Title 1; the next three figures, "101," before the decimal signifying the part and chapter within the title; and the figure after the decimal signifying the section of the chapter. Penalty sections shall be designated "99" after the decimal and shall be the last section of the chapter.
Copies of the Codified Ordinances are on file for public examination during regular business hours in the office of the City Clerk at the City Government Center, 10 North Second Street, Harrisburg.
These Codified Ordinances may be amended or supplemented at any time and, when any amendment or supplement is adopted in such form as to indicate the intention of Council to make the same a part thereof, such amendment or supplement shall be incorporated in and deemed a part of the Codified Ordinances so that a reference to the Codified Ordinances shall be understood and construed as including the Codified Ordinances of the City of Harrisburg, Pennsylvania, 1996, and any and all such amendments and supplements.
In the construction of the Codified Ordinances and any amendment thereto, the following rules shall control, except those inconsistent with the manifest intent of Council as disclosed in a particular title, chapter or section:
Whenever in the Codified Ordinances authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate unless contrary to law or to the clear intent of any such provision.
Words giving authority to a board, commission, authority, or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof unless otherwise specifically provided.
The terms "month" and "year" shall be deemed the calendar month or year unless otherwise clearly stated. The time expressed in days within which an act is to be done, or a period to expire, shall be computed by excluding the first and including the last day, unless the last day is Sunday or a legal holiday, in which event the next day shall be included. If time is expressed in hours, the whole of Sunday shall be excluded.
"And" includes "or" and "or" includes "and," if the sense so requires.
Words importing the masculine shall extend and be applied to the feminine and neuter genders.
Except as otherwise provided, words and phrases shall be construed according to the common usage of language; provided, however, that technical words and phrases and others which may have acquired a special meaning shall be construed according to such technical or special meaning. Ordinance references denoting the legislative history will generally appear at the beginning of each chapter or section or, if amendments have been made to subsections, at the end of the subsection.
Words in the plural shall include the singular and in the singular shall include the plural number.
When an oath is required or authorized by law, an affirmation, in lieu thereof, may be taken by a person having conscientious scruples to taking an oath. An affirmation shall have the same force and effect as an oath.
In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or giving of such notice.
A resolution is an expression of opinion of Council. It does not have the force and effect of law, and violation of a resolution does not subject the violator to penalties.
When used in an ordinance, "street" includes alleys, avenues, boulevards, lanes, roads, streets, and other public ways in the City.
The use of any verb in the present tense shall include the future tense.
The preamble to legislation, i.e., the "whereas clauses," shall not be considered part of the body of any bill, ordinance or resolution.
Each section and each part of each section of the Codified Ordinances is hereby declared to be an independent section or part of a section and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that, if any such section or part of a section, or any provisions thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that the Codified Ordinances would have been adopted independently of such sections or parts of a section so held to be invalid.
Quarterly billing. There is hereby imposed, unless otherwise provided, a penalty of 5% of the amount of any taxes or any charges for sewer, water, refuse and garbage collection and disposal, incineration, or other like charges, including ready-to-serve charges, assessed or charged by the City, except real estate, earned income and other taxes and liens for which penalties are imposed by statute, such as unlawful and overtime parking charges, housing cleanup and board-up charges, charges for weed cutting, and similar charges which do not accrue on regular and periodic bases, upon failure of any person against whom such taxes or charges are duly assessed or charged to pay the same within 30 days of the day upon which the same taxes or charges are due and payable. Such penalties, thus incurred, shall accrue quarterly, if the taxes or other like charges mentioned above are billed on a quarterly basis, on the unpaid balance until the amount due is paid in full to the City Treasurer.
Monthly billing. There is hereby imposed, unless otherwise provided, a penalty of 1.5% of the amount of any taxes or any charges for sewer, water, refuse and garbage collection and disposal, incineration, or other like charges, including ready-to-serve charges, assessed or charged by the City, except real estate, earned income and other taxes and liens for which penalties are imposed by statute, such as unlawful and overtime parking charges, housing cleanup and board-up charges, charges for weed cutting, and similar charges which do not accrue on regular and periodic bases, upon failure of any person against whom such taxes or charges are duly assessed or charged to pay the same within 30 days of the day upon which the same taxes or charges are due and payable. Such penalties, thus incurred, shall accrue monthly, if the taxes or other like charges mentioned above are billed on a monthly basis, on the unpaid balance until the amount due is paid in full to the City Treasurer.
Charges imposed for utilities furnished or improvements made to properties, including demolition thereof, by the City shall be a lien on the properties served from the date the charge first becomes due and payable. In addition to all other rights of the City, if such charges are not paid, the City may file such liens and collect the same in the manner provided by the law for the filing and collection of municipal liens and claims and may proceed to collect such charges by an action in assumpsit in the name of the City against the owner of the property charged.
Whenever in the Codified Ordinances or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in the Codified Ordinances or in any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty or fine is provided therefor, the violator of any such provision or any ordinance pertaining to building, housing, property maintenance, health, fire or public safety shall be fined not more than $1,000, plus all costs, or imprisoned for not more than 90 days, or both. The violator of water, air and noise pollution or any other ordinance or provision or part thereof shall be fined no more than $600, plus all costs, or imprisoned for not more than 90 days, or both. Each day that a violation continues shall be deemed a separate offense. This penalty shall in no way be construed to negate or preclude any additional liability, punishment, enforcement action, or remedy and shall apply in addition to any other fines or penalties.