[HISTORY: Adopted by the Board of Commissioners of the Township of
Caln as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-1975 by Ord.
No. 1975-11]
Pursuant to § 1502, Clause 1(b), of the First Class Township Code, the codification of a complete body of ordinances for the Township of Caln, County of Chester, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 to 155, inclusive, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Caln which shall be known as the "Code of the Township of Caln," hereinafter referred to as the "Code."
All provisions of the Code shall be in force and effect on and after
July 8, 1975.
All ordinances or parts of ordinances of a general and permanent nature, adopted by the Township of Caln and in force on the date of the adoption of this Code and not contained in the Code, are hereby repealed as of the effective date given in § 1-2 above, except as hereinafter provided.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:
A.
Any ordinance adopted subsequent to October 8, 1974.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the Township prior to the effective date
of this Code or any action or proceeding brought for the enforcement of such
right or liability.
C.
Any offense or act committed or done before the effective
date of this Code in violation of any legislative provision of the Township
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 Code
brought pursuant to any legislative provision of the Township.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Township.
F.
Any 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,
park or other public place.
G.
Any ordinance or resolution appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond of the Township, or other instruments or evidence
of the Township's indebtedness.
H.
Any ordinance authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
I.
Any ordinance annexing land to the Township.
J.
Any ordinance designating the boundaries of water, sewer
or other special purpose districts.
K.
The levy or imposition of special assessments or charges.
L.
The dedication of property.
M.
Any ordinance establishing the real property tax rate.
N.
Any ordinance establishing the salary or compensation
of an appointed (nonelected) officer of the Township.
O.
Ordinance No. 1967-14, the Health Code of Caln Township,
together with its amendments, Ordinance No. 1969-6 and Ordinance No. 1973-4.
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 legislation shall be temporarily placed in the Code until printed supplements are included.
In compiling and preparing the ordinances of the Township for adoption
and revision as part of the Code, certain grammatical changes and other minor
changes where made in one or more of said ordinances. It is the intention
of the Board of Commissioners that all such changes be adopted as part of
the Code as if the ordinances so changed had been previously formally amended
to read as such.
Three copies of the Code in a post-bound volume shall be filed with
the ordinance book in the office of the Township Secretary and shall remain
there for use and examination by the public. Upon adoption, such copies shall
be certified to by the Township Secretary, as provided by law, and such certified
copies shall remain on file in the office of the Township Secretary available
to persons desiring to examine the same during all times while the said Code
is in effect.
Any and all additions, deletions, amendments or supplements to the Code,
when passed and enacted in such form as to indicate the intention of the Board
of Commissioners 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 enacted, they shall thereafter be printed
and, as provided hereunder, inserted in the post-bound book containing the
said Code, as amendments and supplements thereto.
It shall be the duty of the Township Secretary, or someone authorized
and directed by her, to keep up-to-date the certified copies of the book containing
the Code required to be filed in the office of the Township Secretary for
the use of the public. All changes in said Code and all ordinances enacted
by the Board of Commissioners subsequent to the effective date of this codification
which the Board of Commissioners shall enact specifically as part of the Code
shall, when finally enacted, be included therein by reference until such changes
or new ordinances are printed as supplements to said Code book, at which time
such supplements shall be inserted therein.
Copies of the book containing the Code may be purchased from the Township
Secretary upon the payment of a fee to be set by resolution of the Board of
Commissioners, which may also arrange, by resolution, for procedures for the
periodic supplementation thereof.
The Township Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction and of the adoption of
this Code in a newspaper of general circulation in the Township. Sufficient
copies of the Code shall be maintained in the office of the Township Secretary
for inspection by the public at all times during regular office hours. The
enactment and application of this Code, 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.
Each section of this Code, and every part of each section, is an independent
section, or part of a section, and the holding of any section, or a part thereof,
to be unconstitutional, void or ineffective for any cause shall not be deemed
to affect the validity or constitutionality of any other section or parts
thereof.
It shall be unlawful for anyone to improperly change or amend, by additions
or deletions, any part or portion thereof, or to alter or tamper with such
Code in any manner whatsoever, which will cause the law of the Township to
be misrepresented thereby. Anyone violating this section of this chapter shall
be subject, upon conviction in a summary proceeding before any District Justice,
to a fine of not more than $300 and costs of prosecution.
The following substantive changes, amendments or revisions to previously
enacted ordinances included in the Code are made herewith, to become effective
upon the effective date of this ordinance. (Chapter and section number references
are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with the provisions of § 1-14, the following sections of the Code were amended or added (a complete description of all changes is on file in the office of the Township Secretary):
Sections 4-1, 29-5, 59-3C, D, E and F, 76-1, 76-4, 91-22, 107-6, 115-2,
115-3, 115-7C, F and H, 115-9C and D, 124-6A, 124-8, 131-2A, 131-3B, 134-3,
134-16, 134-17, 134-19, 134-20D, E, G, H and I, 134-21, 134-22, 137-5, 137-8,
137-13A, 139-6B, 141-1, 141-7, 141-9, 141-27, 141-28, 141-43, 141-44, 141-48,
155-9B and 155-81H.
Penalty provisions amended or added: §§ 64-6, 69-6B,
69-6C, 73-4, 76-6, 81-2, 87-7, 91-40, 107-17, 109-6, 115-15, 118-5, 124-9,
128-8, 131-6, 134-13, 134-26, 134-32, 137-7, 139-10, 141-8, 141-19, 141-26,
141-42, 141-54 and 141-61.
