In addition to other acts required by law or by specific provision
of this charter to be done by ordinance, those acts of the township
board of supervisors shall be by ordinance which:
(1)
(Reserved)[1]
[1]
Editor's Note: Former § 401(1), listing adoption
or amendment of an administrative code or establishing, altering or
abolishing any township department, was repealed by Ord. 2012-3, 6/13/2012,
§ 1. The Charter amendments adopted by this ordinance were
subject to referendum and approved by a majority of the electors at
the general election of November 6, 2012, and ratified by Res. No.
R-2012-13.
(2)
Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed;
(3)
Levy taxes;
(4)
Grant, renew or extend a franchise;
(5)
Authorize the borrowing of money;
(6)
Convey or lease or authorize the conveyance or lease of any lands
of the township;
(7)
Adopt with or without amendment ordinances proposed under the initiative
power; and
(a)
Form. Every proposed ordinance shall be introduced in writing and
in the form required for final adoption. No ordinance shall contain
more than one subject which shall be clearly expressed in its title.
The enacting clause shall be "The Township of Kingston hereby ordains..."
Any ordinance which repeals or amends an existing ordinance or part
of the township administrative code shall set out in full the ordinance,
sections or subsections to be repealed or amended, and shall indicate
matter to be omitted by enclosing it in brackets or by strikeout type
and shall indicate new matter by underscoring or by italics.
(b)
Procedure. An ordinance may be introduced by any member at any regular
or special meeting of the board of supervisors. Upon introduction
of any ordinance, the township manager shall cause to be distributed
a copy to each board member and to the chairman, shall file a copy
in the office of the township manager and such other public places
as the board of supervisors may designate, and shall publish the ordinance
or a brief summary thereof, together with a notice setting out the
time and place for a public hearing thereon and for its consideration
by the board of supervisors. The public hearing shall follow the publication
by at least seven (7) days, may be held separately or in connection
with a regular or special board meeting and may be adjourned from
time to time; all persons interested shall have an opportunity to
be heard. After the hearing the board of supervisors may adopt the
ordinance with or without amendment or reject it, but, if it is amended
as to any matter of substance, the board of supervisors may not adopt
it until the ordinance or its amended sections have been subjected
to all the procedures hereinbefore required in the case of a newly
introduced ordinance. Within thirty (30) days of the adoption of any
ordinance, the Clerk shall have it published again together with a
notice of its adoption.
(c)
Effective Date. Every adopted ordinance shall become effective five
(5) days after adoption, unless a date later than five (5) days after
adoption is stated in the ordinance, and except as otherwise provided
in this Charter.
[Ord. 2012-3,[1] 6/13/2012, § 2]
[1]
Editor’s Note: The Charter amendments adopted by this
ordinance were subject to referendum and approved by a majority of
the electors at the general election of November 6, 2012, and ratified
by Res. No. R-2012-13.
(d)
"Publish" Defined. As used in this section, the term "publish" means
to print in one or more newspapers of general circulation in the township:
(1) the ordinance or a brief summary thereof, and (2) the places where
copies of it have been filed and the times when they are available
for public inspection.
To meet a public emergency affecting life, health, property
or the public peace, the board of supervisors may adopt one or more
emergency ordinances, but such ordinances may not levy taxes, grant,
renew or extend a franchise or authorize the borrowing of money except
as provided in subsection 707(d)(2). An emergency ordinance shall
be introduced in the form and manner prescribed for ordinances generally,
except that it shall be plainly designated as an emergency ordinance
and shall contain, after the enacting clause, a declaration stating
that an emergency exists and describing it in clear and specific terms.
An emergency ordinance may be adopted with or without amendment or
rejected at the meeting at which it is introduced, by the affirmative
vote of at least three (3) members shall be required for adoption.
After its adoption the ordinance shall be published and printed as
prescribed for other adopted ordinances. It shall become effective
upon adoption or at such later time as it may specify. Every emergency
ordinance except one made pursuant to subsection 707(d)(2) shall automatically
stand repealed as of the 61st day following the date on which it was
adopted, but this shall not prevent re-enactment of the ordinance
in the manner specified in this section if the emergency still exists.
An emergency ordinance may also be repealed by adoption of a repealing
ordinance in the same manner specified in this section for adoption
of emergency ordinances.
The board of supervisors may adopt any standard code of technical
regulations by reference thereto in an adopting ordinance. The procedure
and requirements governing such an adopting ordinance shall be as
prescribed for ordinances generally except that:
(1)
The requirements of section 402 for distribution and filing of copies
of the ordinance shall be construed to include copies of the code
of technical regulations as well as of the adopting ordinance, and
(2)
A copy of each adopted code of technical regulations as well as of
the adopting ordinance shall be authenticated and recorded by the
township clerk pursuant to subsection 405(a).
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Copies of any adopted code of technical regulations shall be
made available by the township clerk for distribution or for purchase
at a reasonable price.
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(a)
Authentication and Recording. The township clerk shall authenticate
by his signature and record in full, in a properly indexed book kept
for the purpose, all ordinances and resolutions adopted by the board
of supervisors.
(b)
Codification. Within three years after adoption of this charter,
and at least every ten years thereafter, the board of supervisors
shall provide for the preparation of a general codification of all
township ordinances and resolutions having the force and effect of
law. The general codification shall be adopted by the board of supervisors
by ordinance and shall be published promptly in bound or loose-leaf
form, together with this charter and any amendments thereto, pertinent
provisions of the constitution and other laws of the State of Pennsylvania,
and such codes of technical regulations and other rules and regulations
as the board of supervisors may specify. This compilation shall be
known and cited officially as the Kingston Township Code. Copies of
the code shall be furnished to township officers, placed in libraries
and public offices for free public reference, and made available for
purchase by the public at a reasonable price fixed by the board of
supervisors.
(c)
Printing of Ordinances and Resolutions. The board of supervisors
shall cause each ordinance and resolution having the force and effect
of law and each amendment to this charter to be printed promptly following
its adoption; and the printed ordinances, resolutions and charter
amendments shall be distributed or sold to the public at reasonable
prices to be fixed by the board of supervisors. Following publication
of the first Kingston Township Code and at all times thereafter, the
ordinances, resolutions and charter amendments shall be distributed
or sold to the public at reasonable prices to be fixed by the board
of supervisors. Following publication of the first Kingston Township
code and at all times thereafter, the ordinances, resolutions and
charter amendments shall be printed in substantially the same style
as the code currently in effect and shall be suitable in form for
integration therein. The board of supervisors shall make such further
arrangements as it deems desirable with respect to reproduction of
the constitution and other laws of the State of Pennsylvania, or the
codes of technical regulations and other rules and regulations included
in the code.
