[HISTORY: Adopted by the Board of Commissioners
of the Township of Abington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-11-1976 by Ord. No. 1420]
The codification of a complete body of ordinances for the Township of Abington, County of Montgomery, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 162, together with an Appendix and Index, is hereby approved, adopted, ordained and enacted as the "Code of the Township of Abington," hereinafter known and referred to as the "Code," pursuant to Section 1502(b) of the First Class Township Code, 53 P.S. § 56502(b).
All provisions of the Code shall be in force
and effect on and after April 1, 1976.
All ordinances or parts of ordinances of a general
and permanent nature, adopted by the Township of Abington 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the Code, are hereby repealed as of the effective date of this ordinance,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:
A.
Any ordinance adopted subsequent to October 9, 1975.
B.
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.
C.
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.
D.
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.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Township.
F.
Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade,
changing of name, improvement, highway, park or other public place.
G.
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 Township,
or other instruments or evidence of the Township's indebtedness.
H.
Any ordinance authorizing the purchase, sale, lease
or transfer of property, or any lawful contract or obligation.
I.
Any ordinance annexing land to the Township.
J.
Any ordinance designating the boundaries of water
districts.
K.
The levy or imposition of taxes, special assessments
or charges.
L.
The dedication of property.
M.
Any ordinance amending the Zoning Map, which shows
the boundaries of zones created by the Zoning Ordinance.
N.
Currently effective resolutions establishing the salaries
or rates of compensation of officers and employees of the Township.
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.
A.
In compiling and preparing the ordinances of the Township
for adoption and revision as part of the Code, certain grammatical
changes and other minor changes were made in one or more of said ordinances.
It is the intention of the Board of Commissioners 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.
B.
Certain changes of a substantive nature were made
to various ordinances found within the Code. These changes were made
to bring the 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 ordinances so changed had been previously formally amended
to read as such. Such changes are cited within the historical statements
by the term "amended at time of adoption of Code," and are further
detailed as follows.[1]
A copy of the Code in a post-bound volume has
been filed in the office of the Township Secretary and shall remain
there for use and examination by the public until final action is
taken on this ordinance; and if this ordinance shall be adopted, such
copy shall be certified to by the Township Secretary, as provided
by law, and such certified copy shall remain on file in the office
of the Township 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 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
the said Code, as amendments and supplements thereto.
It shall be the duty of the Township Secretary,
or someone authorized and directed by the Township Secretary, to keep
up-to-date the certified copy of the book containing the Code required
to be filed in the office of the Township Secretary for use by the
public. All changes in said Code and all ordinances 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 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 Township Secretary upon the payment of a fee to
be set by resolution of the Board of Commissioners, which may also
arrange, by resolution, for procedures for the periodic supplementation
thereof.
The Township 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 Township. Sufficient copies of the Code shall be maintained
in the office of the Township 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 each 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 Township to be misrepresented thereby.
Anyone violating this section shall, upon the conviction thereof by
any District Justice, be sentenced to pay a fine of not more than
$300, together with the cost of prosecution. In default of the payment
of any fine, the defendant shall be imprisoned in the Township lockup
for a period not exceeding five days.
