[HISTORY: Adopted by the Council of Latrobe:
Art. I, 4-23-1996 as Ord. No. 1996-5. Amendments noted where applicable.]
[Adopted 4-23-1996 as Ord. No. 1996-5]
Pursuant to Section 1008(b) of the Borough Code [53 P.S. § 46008(b)], the codification of a complete body of ordinances and resolutions for Latrobe, County of Westmoreland, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters
1 through
333, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of Latrobe, which shall be known and is hereby designated as the "Code of Latrobe," hereinafter referred to as the "Code."
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 Council of Latrobe, and it is the intention of said 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 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.
All ordinances or parts of ordinances of a general and permanent nature adopted by Latrobe and in force on the date of the adoption of this Code and not contained in the Code, including the former 1981 Code, are hereby repealed as of the effective date given in §
1-15 below, 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; 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from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A. Any ordinance adopted subsequent to February 1, 1996.
B. Any right or liability established, accrued or incurred
under any legislative provision of Latrobe 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.
C. Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
Latrobe 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 Latrobe.
E. Any franchise, license, right, easement or privilege
heretofore granted or conferred by Latrobe or any lawful contract,
obligation or agreement.
F. Any ordinance appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of Latrobe or other instruments
or evidence of Latrobe's indebtedness.
G. Any ordinance adopting an annual budget or establishing
an annual tax rate.
H. Any ordinance providing for the levy, imposition or
collection of special taxes, assessments or charges.
I. Any ordinance authorizing the purchase, sale, lease
or transfer of property or acquiring property by acceptance of deed,
condemnation or exercise of eminent domain.
J. Any ordinance annexing land to Latrobe.
K. Any ordinance providing for or requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L. 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.
M. 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.
N. Any ordinance providing for the making of public improvements.
O. Any ordinance providing for the salaries and compensation
of officers and employees of Latrobe or setting the bond of any officer
or employee.
P. Any ordinance concerning changes and amendments to
the Zoning Map.
Q. Any ordinance relating to or establishing a pension
plan or pension fund for municipal employees.
R. Provisions relating to zoning.
S. Any ordinance providing for election districts.
All ordinances and resolutions 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 and resolutions shall be temporarily placed in the Code until printed supplements are included.
A. Nonsubstantive grammatical changes. In compiling and
preparing the ordinances and resolutions of Latrobe for adoption and
revision as part of the Code, certain nonsubstantive grammatical and
style changes were made in one or more of said ordinances. It is the
intention of the 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.
B. Substantive changes and revisions. In addition to the changes and revisions described above, the changes and revisions of a substantive nature described in Attachment A (attached hereto) are hereby made to various ordinances and resolutions included in the Code. These changes are made to bring provisions into conformity with the desired policies of the Council, and it is the intent of the Council that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed have 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.
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.
A. 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.
B. 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.
Three copies of the Code in a post-bound volume
shall be filed with the Ordinance Book in the office of the Secretary
and shall remain there for use and examination by the public. Upon
adoption, such copies shall be certified to by the Secretary, as provided
by law, and such certified copies shall remain on file in the office
of the Secretary, available to persons desiring to examine the same
during all times while 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 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.
It shall be the duty of the Secretary or someone
authorized and directed by him or her to keep up-to-date the certified
copies 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 and resolutions adopted by the Council
subsequent to the effective date of this codification which the Council
shall adopt specifically as part of the Code shall, when finally adopted,
be included therein by reference until such changes or new ordinances
or resolutions are printed as supplements to said Code books, at which
time such supplements shall be inserted therein.
The 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 Latrobe. The enactment and application of this ordinance, coupled
with the publication of the notices of introduction and adoption,
as required by law, and the 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.
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 Latrobe to be misrepresented thereby.
Anyone violating this section of this ordinance shall, upon conviction
thereof, be punished by a fine not exceeding $600, plus costs of prosecution,
and, in default of payment thereof, by imprisonment for a term not
exceeding 30 days.
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. It is hereby declared to be the intent of the
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.
All provisions of this ordinance and of the
Code shall be in force and effect on and after April 23, 1996.
[During the process of codification, certain
complete new ordinances were approved by the Council for inclusion
in the Code of Latrobe. Such new ordinances are noted in the histories
of individual chapters as "Adopted ... during codification; see Ch.
l, General Provisions, Art. II." In accordance with recognized codification
procedures, these new ordinances will be adopted separately and are
presently proposed before the Council of Latrobe for that purpose.
Upon final adoption of such ordinances, a complete enumeration of
all chapters in the Code included in such ordinances will be printed
in this article along with specific dates of adoption.]