[HISTORY: Adopted by the Board of Supervisors of the Township of
Hempfield: Art. I, 12-29-1975 as Ord. No. 75-39.
Amendments noted where applicable.]
[Adopted 12-29-1975 as Ord. No. 75-39]
The codification of a complete body of ordinances for the Township of Hempfield, County of Westmoreland, Commonwealth of Pennsylvania, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., consisting of Chapters 1 through 87, together with an Appendix and Index, is hereby approved, adopted, ordained and enacted as the "Code of the Township of Hempfield," hereinafter known and referred to as the "Code," pursuant to XLI.1 (53 P.S. § 65741.1) of the Second Class Township Code.
All provisions of the Code shall be in full force and effect on and
after December 29, 1975.
All ordinances or parts of ordinances of a general and permanent nature
adopted by the Township of Hempfield 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of this ordinance, and not contained in the Code, are hereby repealed as of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 March 24, 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, acceptance or vacation of any right-of-way, easement,
street, road, 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.
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
of Hempfield 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 Supervisors 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 and certain new materials have been
added to the Code. These changes and additions were made to bring the provisions
into conformity with the desired policies of the Board of Supervisors and
it is the intent of the Supervisors 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 to read as such. Such changes and additions are
cited within the historical statements by the term "amended at time of adoption
of Code" or "adopted at time of adoption of Code." These changes and additions
are further detailed as follows.[1]
[1]
Editor's Note: The following sections or chapters of the Code
were amended or added pursuant to § I-6B. A complete description
of these amendments and additions is on file in the office of the
Township Secretary. Amendments: Ch. 20; § 23-5; § 23-6; § 23-12A, B and C; § 23-43; § 37-2; Ch. 41; § 47-8; § 52-8; § 57-14A; § 62-12; § 67-9; § 70-13; Ch. 73, Art. II; § 73-17; Ch. 76; § 79-1; § 79-2C; § 79-3; § 79-6C; § 79-9A; § 79-12; § 79-13; § 79-14; § 79-18; § 79-20; § 79-22D; § 79-24A; § 79-26; § 79-33; § 79-34; § 79-39; § 83-23; and § 83-28A.
A copy of the Code in a post-bound volume has been filed in the office
of the Secretary of the Board of Supervisors 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 Secretary of the Board of Supervisors, as provided by law, and such certified
copy shall remain on file in the office of the 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 Supervisors 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 Secretary of the Board of Supervisors, 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 Board of Supervisors subsequent to the effective
date of this codification which the Board of Supervisors 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 Secretary
of the Board of Supervisors upon the payment of a fee to be set by resolution
of the Supervisors, who may also arrange, by resolution, for procedures for
the periodic supplementation thereof.
The Secretary of the Board of Supervisors, 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
of Hempfield. Sufficient copies of the Code shall be maintained in the office
of the 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 parts
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 parts thereof.
[Amended 6-12-1989 by Ord. No. 89-13; 4-8-1996
by Ord. No. 96-4]
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 of
Hempfield to be misrepresented thereby. Anyone found by the District Justice
to have violated this ordinance shall be subject to a civil fine not to exceed
$600, plus all court costs and reasonable attorney's fees incurred by
Hempfield Township in the enforcement of this ordinance in a civil enforcement
proceeding.
