[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 80-1960. Amendments
noted where applicable.]
CROSS-REFERENCES
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.
[Ord. No. 9-1996]
A.
The Codified Ordinances of Harrisburg, Pennsylvania, 1996, shall
be comprised of the following component codes:
[Amended 6-8-2010 by Ord.
No. 6-2010[1]]
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Title 1
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Legislative
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Title 2
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Administrative
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Title 3
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Public Safety
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Title 4
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Human Relations and Discrimination
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Title 5
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Licensing and Taxation
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Title 6
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Public Health
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Title 7
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Planning and Zoning
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Title 8
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Building and Housing Development
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Title 9
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Public Works
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Title 10
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Parks, Recreation and Enrichment
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B.
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.
[Ord. No. 9-1996]
A.
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:
A.
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.
B.
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.
C.
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.
[Ord. No. 10-1971]
D.
"And" includes "or" and "or" includes "and," if the sense so requires.
E.
Words importing the masculine shall extend and be applied to the
feminine and neuter genders.
F.
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.[1]
G.
Words in the plural shall include the singular and in the singular
shall include the plural number.
H.
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.
I.
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.
J.
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.
K.
When used in an ordinance, "street" includes alleys, avenues, boulevards,
lanes, roads, streets, and other public ways in the City.
L.
The use of any verb in the present tense shall include the future
tense.
M.
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.
[Ord. No. 28-1994; amended 6-15-1999 by Ord. No. 16-1999]
A.
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.
B.
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.
[Ord. No. 25-1979]
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.
[Ord. No. 4-1995]
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.
