Borough of Paxtang, PA General Provisions

Pursuant to Section 3301.5 of the Borough Code (8 Pa.C.S.A. § 3301.5), the codification of a complete body of legislation for the Borough of Paxtang, County of Dauphin, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code, and consisting of Chapters 1 through 425, together with an Appendix, is hereby approved, adopted, ordained and enacted as a single ordinance of the Borough of Paxtang, which shall be known and is hereby designated as the "Code of the Borough of Paxtang," hereinafter referred to as the "Code."

§ 1-2 Effect of Code on previous provisions.

The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Borough Council of the Borough of Paxtang, and it is the intention of said Borough Council that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in § 1-15 below.

§ 1-3 Inconsistent legislation repealed.

Repeal of inconsistent ordinances. Except as provided in § 1-4, Legislation saved from repeal; matters not affected by repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date given in § 1-15; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of Paxtang which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

Repeal of specific ordinances. The Borough Council of the Borough of Paxtang has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:

(1)

Ordinance No. 409, social security benefits, adopted May 19, 1969.

(2)

Ordinance No. 494, adult entertainment, adopted December 16, 1986.

(3)

Ordinance No. 399, demolition of buildings, adopted November 20, 1967.

(4)

Ordinance No. 573, fire prevention and smoke detectors, October 17, 2000.

(5)

Ordinance No. 564, grass and weeds, adopted June 15, 1999.

(6)

Ordinance No. 204, noise, adopted September 24, 1948.

(7)

Ordinance No. 597, sex offender residency restrictions, adopted August 16, 2005.

(8)

Ordinance No. 467, solid-fuel-heating appliances, adopted October 21, 1980.

(9)

Ordinance No. 417, swimming pools, adopted August 17, 1970.

(10)

Ordinance No. 439, per capita tax, adopted December 17, 1974, amended by Ord. No. 556, adopted June 16, 1998.

§ 1-4 Legislation saved from repeal; matters not affected by repeal.

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; provided, however, that the repeal of ordinances pursuant to § 1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:

Any ordinance adopted subsequent to January 20, 2015.

Any right or liability established, accrued or incurred under any legislative provision of the Borough prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability or any cause of action acquired or existing.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Borough or any penalty, punishment or forfeiture which may result therefrom.

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 Borough.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Borough or any lawful contract, obligation or agreement.

Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Borough or other instruments or evidence of the Borough's indebtedness.

Any ordinance adopting an annual budget or establishing an annual tax rate.

Any ordinance providing for the levy, imposition or collection of special taxes, assessments or charges.

Any ordinance authorizing the purchase, sale, lease or transfer of property or acquiring property by acceptance of deed, condemnation or exercise of eminent domain.

Any ordinance annexing land to the Borough.

Any ordinance providing for or requiring the construction or reconstruction or opening of sidewalks, curbs and gutters.

Any ordinance or part of an ordinance providing for laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, sidewalk, park or other public place or property or designating various streets as public highways.

Any ordinance establishing water, sewer or other special purpose districts and designating the boundaries thereof; providing for a system of sewers or water supply lines; or providing for the construction, extension, dedication, acceptance or abandonment of any part of a system of sewers or water supply lines.

Any ordinance providing for the making of public improvements.

Any ordinance providing for the salaries and compensation of officers and employees of the Borough or setting the bond of any officer or employee.

Any ordinance concerning changes and amendments to the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Borough.

Any currently effective ordinance providing for intergovernmental cooperation or establishing an intermunicipal agreement.

§ 1-5 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-4A and/or prior to 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 ordinances shall be temporarily placed in the Code until printed supplements are included.

§ 1-6 Changes and revisions in previously adopted legislation; new provisions.

Nonsubstantive changes. In compiling and preparing the ordinances and resolutions of the Borough for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances and resolutions. It is the intention of the Borough Council that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.

Statutory references. Pursuant to recodification of the Borough Code in 2012 and 2014 (see now 8 Pa.C.S.A. § 101 et seq.), statutory citations referring to specific sections of the Borough Code have been updated accordingly throughout the Code.

Fee amounts have been deleted and replaced with wording that indicates fees are as set from time to time by resolution of the Borough Council in the following sections: §§ 115-6C, 229-3B, 295-2, 336-49, 353-7, 353-22, 366-2 and 381-10.

The following outdated terms have been changed where they appeared in the prior Code:

(1)

"Justice of the Peace," "District Justice," "District Magistrate" or "Magistrate" to "Magisterial District Judge."

(2)

"Department of Community Affairs" to "Department of Community and Economic Development."

(3)

The United States Department of Agriculture's "Soil Conservation Service (SCS)" to "Natural Resources Conservation Service (NRCS)."

(4)

"Department of Environmental Resources" to "Department of Environmental Protection" or "Department of Conservation and Natural Resources," where appropriate.

(5)

"Assistant Fire Chief" is changed to "Deputy Fire Chief."

Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances and resolutions included in the Code.[1] These changes are enacted to bring provisions into conformity with the desired policies of the Borough Council, and it is the intent of the Borough Council that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-15.

[1]

Editor's Note: In accordance with § 1-6E, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinances are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 7-19-2016 by Ord. No. 654]. Schedule A, which contains a complete description of all changes, is on file in the Borough offices.

§ 1-7 Interpretation of provisions.

In interpreting and applying the provisions of the Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of the Code impose greater restrictions or requirements than those of any statute, other ordinance, resolution or regulation, the provisions of the Code shall control. Where the provisions of any statute, other ordinance, resolution or regulation impose greater restrictions or requirements, the provisions of such statute, other ordinance, resolution or regulation shall control.

§ 1-8 Titles and headings; editor's notes.

Chapter and article titles, headings and titles of sections and other divisions in the Code or in supplements made to the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

§ 1-9 Filing of copy of Code.

At least one copy of the Code in a post-bound volume shall be filed with the Ordinance Book in the office of the Borough Secretary and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the Borough Secretary, as provided by law, and such certified copy or copies shall remain on file in the office of the Borough Secretary, available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-10 Amendments to Code.

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 Borough Council 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 said Code as amendments and supplements thereto.

§ 1-11 Code books to be kept up-to-date.

It shall be the duty of the Borough Secretary or someone authorized and directed by him or her to keep up-to-date the certified copy or copies of the book containing the Code required to be filed in the office of the Borough Secretary for the use of the public. All changes in said Code and all legislation adopted by the Borough Council subsequent to the effective date of this codification which the Borough Council shall adopt specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new legislation are printed as supplements to said Code books, at which time such supplements shall be inserted therein.

§ 1-12 Publication of notices.

The Borough Secretary, pursuant to law, shall cause to be published in the manner required a notice of the introduction and of the adoption of the Code in a newspaper of general circulation in the Borough. The enactment and application of this ordinance, coupled with the publication of the notice of introduction, the availability of a copy or copies of the Code for inspection by the public and the filing of an attested copy of this ordinance with the county, as required by law, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-13 Altering or tampering with Code; violations and penalties.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, or to alter or tamper with the Code or any part or portion thereof in any manner whatsoever which will cause the law of the Borough to be misrepresented thereby. Any person who violates or permits a violation of this section of this ordinance shall, upon being found liable therefor in a civil enforcement proceeding, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Borough in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

§ 1-14 Severability.

The provisions of this ordinance and of the Code adopted hereby are severable, and if any clause, sentence, subsection, section, article, chapter or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, section, article, chapter or part thereof rendered illegal, invalid or unconstitutional. It is hereby declared to be the intent of the Borough Council that this ordinance and the Code would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein.

§ 1-15 Effective date.

All provisions of this ordinance and of the Code shall be in force and effect on and after July 19, 2016.

Article II Use and Construction of Code; General Penalty

[Adopted 9-20-1994 by Ord. No. 544 (Sections 1-1002 and 1-1008 of the 1994 Code of Ordinances)]

§ 1-16 Rules of construction.

In the construction of this Code and of all ordinances of the Borough, the following rules shall be observed, unless that construction would be inconsistent with the manifest intent of the Borough.

Borough. The words "the Borough" or "this Borough" shall mean the Borough of Paxtang, Pennsylvania.

Commonwealth. The words "the Commonwealth" shall be construed to mean the Commonwealth of Pennsylvania.

Council. Whenever the word "Council" is used, it shall mean the Council of the Borough of Paxtang.

County. The words "the County" or "this County" shall mean Dauphin County, Pennsylvania.

Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as well as to males.

Individual. The word "individual" shall mean a natural person, male or female.

Limits. The word "limits" shall mean the corporate limits or legal boundaries of the Borough of Paxtang.

Mayor. Whenever the word "Mayor" is used, it shall mean the Mayor of the Borough of Paxtang.

Municipality. The words "the Municipality" or "this Municipality" shall mean the Borough of Paxtang, Pennsylvania.

Name of officer. Whenever the name of an officer is given it shall be construed as though the words "of the Borough of Paxtang" were added.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and others that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to that meaning.

Number. Words used in the singular include the plural, and the in the plural include the singular number.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in those cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Or; and. The word "or" may be read "and," and the word "and" may be read "or" if the sense requires it.

Other officials or officers. Whenever reference is made to officers, agencies or departments by title only, such as "Secretary," "Treasurer," "Solicitor," "Engineer," "Tax Collector," they shall mean the officers, agencies or departments of the Borough of Paxtang.

Person. The word "person" may extend and be applied to associations or organizations, clubs, societies, firms, partnerships, corporations and bodies politic and corporate, or any combination of them, as well as to individuals.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

Street. The word "street" shall be construed to embrace streets, alleys, highways, bridges and other ways in the Borough intended for vehicular travel, and shall embrace all parts of them constituting the designated right-of-way, except where the context clearly indicates that the word "street" shall include the roadway only. The word "street" shall also be construed to embrace highways as used and referred to in the Vehicle Code.

§ 1-17 General penalty.

[Amended 7-19-2016 by Ord. No. 654]

Whenever in this Code or in any ordinance of the Borough any act is prohibited or is made or declared to be unlawful, for a violation of a building, housing, property maintenance, health, fire or public safety code or ordinance and for water, air and noise pollution violations, the fine or penalty shall not exceed $1,000 plus costs of prosecution; for a violation of a Borough ordinance, except for building, housing, property maintenance, health, fire or public safety code or ordinance and for water, air and noise pollution violations, the fine or penalty shall not exceed $600 plus costs of prosecution. Upon judgment against any person by summary conviction or by proceedings by summons, in default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a period not exceeding 30 days. Each day’s violation of any such provision of this Code or that ordinance shall constitute a separate violation.