[HISTORY: Adopted by the Board of Commissioners
of the Township of Butler as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-5-1998 by Ord. No. 765]
Pursuant to Section 1502, Clause I, II (53 P.S. § 56502) of the First Class Township Code, the codification of a complete body of legislation for the Township of Butler, County of Butler, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 1 through 300, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of Butler, which shall be known and is hereby designated as the "Code of the Township of Butler," hereinafter referred to as the "Code."
A.
The provisions of this Code, insofar as they are substantively the same as those of ordinances, resolutions and provisions of the 1965 Code of Ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances, resolutions and 1965 Code of Ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance, resolution or 1965 Code of Ordinances. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Commissioners of the Township of Butler, and it is the intention of said Board of Commissioners 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such provisions of former ordinances or of the 1965 Code of Ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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.
B.
Resolutions included in this Code may hereafter be
amended, modified or repealed by resolution.
C.
The following Distribution Table lists the various
sections of the 1965 Code of Ordinances, together with their corresponding
titles, and gives their locations in the 1998 Code:
Distribution Table
| ||||
---|---|---|---|---|
Location in 1965 Code of Ordinances
|
Subject
|
Chapter No. in 1998 Code
| ||
General Provisions
|
Ch. 1
| |||
Chapter I
|
Administration and Government
| |||
Part 1
|
Elected Officers
| |||
Sections 1 - 3
|
Meetings of Board of Commissioners
| |||
Section 4
|
Salary of Commissioners
|
Ch. 95
| ||
Sections 5 & 6
|
Township Treasurer
|
Ch. 101
| ||
Part 2
|
Firemen's Relief
|
Ch. 45
| ||
Part 3
|
Authorities
| |||
Sections 31 - 34
|
Deshon Area Sewer Authority and South Butler
Sewer System Authority
| |||
Sections 35 - 36
|
Northwest Sewer System Authority
|
Terminated per 11-20-1972 Res.
| ||
Sections 37 - 41
|
Joint Authority
| |||
Part 4
|
Pensions, Retirement and Social Security
|
See Ch. 72
| ||
Part 5
|
Employee Regulations and Benefits
| |||
Part 6
|
Fiscal Affairs
|
New legislation pending; see Ch. 33
| ||
Part 7
|
Boards and Committees
| |||
Sections 131 - 137
|
Planning Commission
|
Ch. 78
| ||
Sections 138 - 146
|
Recreation Board
| |||
Part 8
|
Adult School Crossing Guard
| |||
Chapter II
|
Animals
|
No text; marked as "Reserved" in 1965 Code of
Ordinances
| ||
Chapter III
|
Bicycles
| |||
Chapter IV
|
Buildings
| |||
Chapter V
|
Conduct
| |||
Section 1
|
Disorderly Conduct
| |||
Section 2
|
Firearms
|
Ch. 172
| ||
Sections 3 - 5
|
Loudspeakers
| |||
Sections 6 - 10
|
Consumption of Alcoholic Beverages by Minors
|
Preempted by statute
| ||
Sections 11 - 13
|
Removal of Signs and Advertisements
| |||
Chapter VI
|
Curfew
|
Ch. 149
| ||
Chapter VII
|
Fire Prevention and Fire Fighting
|
Superseded by Ord. No. 757; see Ch. 184
| ||
Chapter VIII
|
Franchises
| |||
Part 1
|
Electric
|
Not desired for inclusion in Code; saved from
repeal
| ||
Part 2
|
Sewers
| |||
Section 21
|
General State Authority
| |||
Sections 22 - 25
|
Butler Area Sewer Authority
| |||
Part 3
|
Telephone
|
Not desired for inclusion in Code; saved from
repeal
| ||
Part 4
|
Water
|
Not desired for inclusion in Code; saved from
repeal
| ||
Part 5
|
Television
|
Superseded by Ord. No. 627; see Ch. A304
| ||
Part 6
|
Sewer and Water
|
Ch. 7, Art. II, §§ 7-11 - 7-15
| ||
Chapter IX
|
Garbage and Refuse
| |||
Chapter X
|
Health and Sanitation
| |||
Part 1
|
Health Administration
| |||
Part 2
|
Food Handlers
|
Preempted by DER
| ||
Part 3
|
Grass and Weeds
|
New legislation pending; see Ch. 127
| ||
Chapter XI
|
Housing
|
No text; marked as "Reserved" in 1965 Code of
Ordinances
| ||
Chapter XII
|
Land Subdivision
|
Superseded by Ord. No. 730; see Ch. 252
| ||
Chapter XIII
|
Licenses, Permits and General Business
Regulations
| |||
Part 1
|
Amusements and Amusement Devices
| |||
Part 2
|
Gasoline Tanks and Pumps
| |||
Part 3
|
Peddlers
|
Superseded by Ord. No. 744; see Ch. 214
| ||
Part 4
|
Utility Poles
| |||
Part 5
|
Prophylactic Rubber Goods
| |||
Part 6
|
Rental Property
|
Ch. 266
| ||
Part 7
|
Grading
|
New legislation pending; see Ch. 188
| ||
Chapter XIV
|
Motor Vehicles and Traffic
| |||
Part 1
|
General Traffic and Parking Regulations
|
New legislation pending; see Ch. 272
| ||
Part 2
|
Abandoned and Junked Automobiles
|
Ch. 278
| ||
Chapter XV
|
Parks and Recreation
|
No text; marked as "Reserved" in 1965 Code of
Ordinances
| ||
Chapter XVI
|
Plumbing
|
No text; marked as "Reserved" in 1965 Code of
Ordinances
| ||
Chapter XVII
|
Sewers and Sewage Disposal
| |||
Part 1
|
Sewer Connections
| |||
Part 2
|
Tapping Fees and Sewer Rentals
| |||
Part 3
|
Sewer Uses
| |||
Sections 61 & 62
|
Downspouts and Pipes
| |||
Sections 63 - 68
|
Prohibited Discharge
| |||
Part 4
|
Individual Sewage Disposal Systems
| |||
Part 5
|
Holding Tanks
| |||
Chapter XVIII
|
Streets and Sidewalks
| |||
Part 1
|
Street Plans and Construction Standards
| |||
Sections 1 - 6
|
Approval and Filing of Plans
| |||
Sections 7 - 15
|
Grading and Drainage
| |||
Sections 16 - 19
|
Drainage Pipes
|
Ch. 156, Art. II
| ||
Sections 20 - 23
|
Drainage Standards
| |||
Part 2
|
Street Excavations
| |||
Chapter XIX
|
Taxation, Special
| |||
Part 1
|
Per Capita
| |||
Part 2
|
Real Estate Transfer
| |||
Part 3
|
Occupation Privilege
| |||
Part 4
|
Earned Income
| |||
Chapter XX
|
Trailers
| |||
Chapter XXI
|
Trees
|
No text; marked as "Reserved" in 1965 Code of
Ordinances
| ||
Chapter XXII
|
Zoning
|
Superseded by Ord. No. 441; see Ch. 300
| ||
Chapter XXIII
|
Water
| |||
Appendix, Part I
|
Agreements and Contracts
|
Not Code material
| ||
Appendix, Part II
|
Bond Issues and Loans
|
Not Code material
| ||
Appendix, Part III
|
Governmental and Intergovernmental Affairs
|
Not Code material
| ||
Appendix, Part IV
|
Plan Approval
|
Not Code material
| ||
Appendix, Part V
|
Public Property
|
Not Code material
| ||
Appendix, Part VI
|
Sewers and Drains
|
Not Code material
| ||
Appendix, Part VII
|
Streets
|
See Ch. A305
| ||
Appendix, Part VIII
|
Taxation
|
Not Code material
| ||
Appendix, Part IX
|
Zoning, Prior Ordinances
|
Not included; superseded
|
A.
All ordinances or parts of ordinances of a general and permanent nature, including those codified in the 1965 Code of Ordinances, adopted by the Township of Butler 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 § 1-15 below, except as hereinafter provided.
B.
Resolutions are not affected by this repealer.
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 6-15-1998.
B.
Any right or liability established, accrued or incurred
under any legislative provision of the Township 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
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 ordinance, brought pursuant to any legislative provision
of the Township.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Township 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 the Township or other instruments
or evidence of the Township'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 the Township.
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 the Township or setting the bond of any
officer or employee.
P.
Any legislation regulating personnel policies.
Q.
Any legislation relating to or establishing a pension
plan or pension fund or other retirement benefit for municipal employees.
R.
Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained
from the Township.
S.
Any legislation regarding rules for public comment
during Board meetings.
T.
Any ordinance concerning changes and amendments to
the Zoning Map.
U.
Municipal Employers Trust Agreements.
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.
A.
Nonsubstantive grammatical changes. In compiling and
preparing the ordinances, resolutions and provisions of the 1965 Code
of Ordinances of the Township 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 Board of Commissioners that all such changes be adopted
as part of the Code as if the language 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, 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, resolutions and provisions of the 1965 Code of Ordinances included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Commissioners, and it is the intent of the Board of Commissioners that all such changes be adopted as part of the Code as if the legislation 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.[1]
[1]
Editor's Note: In accordance with § 1-6B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance 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) 10-5-1998 by Ord. No. 765." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Nomenclature.
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 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 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 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 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 Township 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 Township Secretary for the use of the public.
All changes in said Code and all legislation adopted by the Board
of Commissioners subsequent to the effective date of this codification
which the Board of Commissioners 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.
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 the Code in a newspaper of general circulation
in the Township. 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 the Township 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
Board of Commissioners 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 October 5, 1998.