Ordinances generally — See 2nd Class Sec. 702-XLI.
Codification of ordinances — See 2nd Class Sec. 702-XLII.
Ordinances and resolutions — See Ch. 222.
This volume consists of all ordinances and resolutions of the Municipality of a general and permanent nature, as revised, codified, arranged, numbered and consolidated into component codes, titles, chapters and sections, and as such shall be known and designated as the Codified Ordinances of Lower Gwynedd Township, Pennsylvania, 1989, for which designation "Codified Ordinances" may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances.
References to codes, titles, chapters and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the "Traffic Code." Sections may be referred to and cited by the designation "section" followed by the number, such as "Section 202.01."
The Codified Ordinances of Lower Gwynedd Township, Pennsylvania, 1989, 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 the Board of Supervisors 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 Lower Gwynedd Township, Pennsylvania, 1989, and any and all such amendments and supplements.
All amendments and supplements enacted as a part of the Codified Ordinances shall be integrated therewith by following the form of arrangement and plan set forth in the original Codified Ordinances as follows: each Code shall be subdivided into titles; each title 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 penalty sections, shall be consecutive within each chapter commencing with the first section of Chapter 202, which shall be numbered 202.01, the first "2" signifying Code 2, and the two figures "02" before the decimal signifying the chapter within the Code, and the two figures "01" after the decimal signifying the first section in Chapter 202 of the Code. Penalty sections shall be designated "99" and shall be the last section of a chapter.
In the construction of the Codified Ordinances, the following rules and definitions shall control, excepting those inconsistent with the manifest intent of the Board of Supervisors as disclosed in a particular provision, section or chapter:
Adopting Ordinance. "Adopting Ordinance" means the ordinance of the Township adopting the Codified Ordinances of Lower Gwynedd Township, Pennsylvania, 1989, in conformity with the Second Class Township Code, being the Act of May 1, 1933 (P.L. 103), as amended, 53 P.S. § 65101 et seq.
Authority. 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 particular provision.
Board of Supervisors. "Board of Supervisors" means the Board of Township Supervisors of the Township of Lower Gwynedd, Pennsylvania.
Calendar-Computation of Time. The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Saturday, Sunday or legal holiday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.
Conjunctions. "And" includes "or" and "or" includes "and," if the sense so requires.
County. "County" means the County of Montgomery, Pennsylvania.
Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.
General Rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language, provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
Joint Authority. 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.
Keeper and Proprietor. "Keeper" and "proprietor" mean persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
Land and Real Estate. "Land" and "real estate" include rights and easements of an incorporeal nature.
May and Shall. "May" is directory or permissive; "shall" is mandatory.
Number. Words in the plural include the singular and words in the singular include the plural number.
Oath. "Oath" includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an oath.
Owner. "Owner," when applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property.
Person. "Person" means an individual, association, club, corporation, firm, partnership or body politic.
Premises. "Premises," when used as applicable to property, extends to and includes land and buildings.
Property. "Property" includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property; "real property" includes lands, tenements and hereditaments.
Reasonable Time. 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 the giving of such notice.
Second Class Township Code. "Second Class Township Code" means the Laws Relating to Townships of the Second Class, being the Act of May 1, 1933 (P.L. 103), as amended.
Sidewalk. "Sidewalk" means any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
State and Commonwealth. "State" and "Commonwealth" mean the Commonwealth of Pennsylvania.
Street. "Street" means alleys, avenues, boulevards, lanes, roads, streets, State highways and other public ways in the Township.
Tenant and Occupant. "Tenant" and "occupant," as applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others.
Tenses. The use of any verb in the present tense includes the future.
Time. Whenever any time established in the Codified Ordinances for the taking of any action expires on a Saturday, Sunday or legal holiday, such time shall not expire on such day but shall expire on the next week day.
Township and Municipality. "Township" and "Municipality" mean the Township of Lower Gwynedd, Pennsylvania.
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 provision thereof, or the application thereof to any person or circumstance, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstance, 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 section or part of a section so held to be invalid.
All ordinances and parts of ordinances in conflict with the provisions of the Codified Ordinances of Lower Gwynedd Township, Pennsylvania, 1989, are hereby repealed.
The repeal provided for in Section 202.05 shall not affect:
Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the adoption of these Codified Ordinances;
Any ordinance or resolution promising or guaranteeing the payment of money by or to the Township, or authorizing the issuance of any bonds of the Township, or any evidence of the Township's indebtedness, or any contract or obligation assumed by the Township;
The administrative ordinances and resolutions of the Board of Supervisors not in conflict or inconsistent with the provisions of the Codified Ordinances;
Any right, license or franchise conferred by any ordinance or resolution of the Board of Supervisors on any person or corporation;
Any ordinance establishing, naming, relocating or vacating any street or other public way;
Any ordinance or part thereof providing for the establishment of positions, for salaries or compensation;
Any prosecution, suit or other proceeding pending, or any judgment rendered, on or prior to the adoption of these Codified Ordinances;
Any ordinance levying or imposing taxes or assessments;
Any ordinance establishing or changing the boundaries of the Township;
Any ordinance or resolution authorizing the purchase, sale or lease of land; or
Any ordinance or resolution adopted by the Board of Supervisors after the completion date of the Codified Ordinances.
The provisions appearing in the Codified Ordinances, so far as they are the same as those of the ordinances existing at the time of the adoption of the Codified Ordinances, shall be considered as a continuation thereof, and not as new enactments.
At least one certified copy of the Codified Ordinances shall be kept on file in the Municipal Office. It shall be the duty of the Township Manager to insert in its designated place any ordinance or resolution that indicates the intention of the Board of Supervisors to make the same a part of the Codified Ordinances when the same has been printed or reprinted in page form, and to extract from the Codified Ordinances all provisions which may be from time to time repealed by the Board, or to make an appropriate notation in the certified copy of the Codified Ordinances that such provisions have been repealed. Such certified copy of the Codified Ordinances shall be made available to all persons desiring to examine the same and shall be considered the official copy of the Lower Gwynedd Township Code.
No person shall change or amend, by additions or deletions, any part or portion of the certified copy of the Codified Ordinances, or insert or delete pages or portions thereof, or alter or tamper with such Codified Ordinances in any manner whatsoever, in such manner as to cause the law of the Township to be misrepresented. Whoever violates this section shall, in addition to the penalty provided in Section 202.99, be liable to the Township, its officials or employees, in law, equity or otherwise, for any damage or loss sustained by it, them or any of them, because of an improper action or decision made by reason of such misrepresentation, change, addition, alteration or deletion.
[Ord. 330. Passed 8-19-1996]
Whoever violates or fails to comply with any of the provisions of these Codified Ordinances relating to building, housing, property maintenance, health, fire or public safety, or relating to water, air or noise pollution, including any provision of any standard, technical or other code adopted by reference in these Codified Ordinances, and including any rule or regulation promulgated under authority of any such standard, technical or other code adopted by reference in these Codified Ordinances, or under authority of any other provision of these Codified Ordinances, or under authority of state law, for which no penalty is otherwise provided, shall be liable to a civil fine of not more than $1,000. For a violation of or noncompliance with any other provision of these Codified Ordinances, the offender shall be liable to a civil fine of not more than $600. Unless otherwise provided, a separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The penalty provided for herein shall be in addition to any fee, deposit, charge, surcharge, interest, insurance or bond requirement or equitable remedy provided in these Codified Ordinances, or in any standard, technical or other code adopted by reference in these Codified Ordinances, or in any rule or regulation promulgated under authority of any such standard, technical or other code adopted by reference in these Codified Ordinances, or under authority of any other provision of these Codified Ordinances, or under authority of state law.
Every person who commits or aids or abets in the commission of any act declared in these Codified Ordinances or in any other ordinance of the Township to be an offense, whether individually or in connection with another person, or as principal, agent or accessory, shall be guilty of such offense. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of these Codified Ordinances or any other ordinance of the Township shall likewise be guilty of such offense.
From the effective date of this chapter, all procedures set forth in the Township Code that enforce the Township ordinances and all penalty clauses in ordinances of the Township of Lower Gwynedd are hereby amended to refer only to civil procedures and civil penalties pursuant to Section 1601(c) of the Second Class Township Code and may be enforced pursuant to that section. All penalty provisions and terms in the several ordinances of the Township of Lower Gwynedd shall be deemed to refer to civil violations rather than criminal violations. Police officers of the Township or the Code Enforcement Officer of the Township shall initiate civil enforcement proceedings as required to achieve compliance with each Township ordinance.