City of Easton, PA Chapter 1 General Provisions

[HISTORY: Adopted by the Council of the City of Easton as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 2-11-2009 by Ord. No. 5149]

§ 1-1 Approval, adoption and enactment of Code.

Pursuant to Section 1014.1 (53 P.S. § 36014.1) of the Third Class City Code, and § C-2.16 of the City of Easton Home Rule Charter, the codification of a complete body of legislation for the City of Easton, County of Northampton, Commonwealth of Pennsylvania, as revised, codified and consolidated into titles, chapters and sections by General Code, LLC, and consisting of Chapters 1 through 595, together with a Charter and an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the City of Easton, which shall be known and is hereby designated as the "Code of the City of Easton," 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 in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of Easton, and it is the intention of said City 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, and only new or changed provisions, as described in § 1-6 below, shall be deemed to be enacted from the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 § 1-14.1 below.

§ 1-3 Repeal of legislation not contained in Code. [1]

[Amended 3-23-2022 by Ord. No. 5775]

All ordinances or parts of ordinances of a general and permanent nature adopted by the City Council of the City of Easton and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in § 1-14.1 below, except as hereinafter provided.

[1] Editor's Note: The Derivation Table, included at the end of the Code of the City of Easton, identifies those portions of the prior 1965 Codified Ordinances of Easton that are repealed by this 2009 codification.

§ 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:

A. Any ordinance adopted subsequent to 10-22-2008.

B. Any right or liability established, accrued or incurred under any legislative provision of the City 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 City 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 City.

E. Any franchise, license, right, easement or privilege heretofore granted or conferred by the City 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 City or other instruments or evidence of the City'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 City.

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 City 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. Ordinances establishing specific no parking zones.

§ 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 Nonsubstantive changes.

A. In compiling and preparing the ordinances of the City for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances.

B. Certain nomenclature changes were also made during the course of the codification, as follows:

(1) "Department of Environmental Resources (DER)" has been changed to "Department of Environmental Protection (DEP)."

(2) "Department of Community Affairs" has been changed to "Department of Community and Economic Development."

(3) "District Magistrate" has been changed to "Magisterial District Judge."

(4) "Justice of the Peace" has been changed to "Magisterial District Judge."

(5) "Department of Public Services" has been changed to "Department of Public Works."

(6) "Director of Public Services" has been changed to "Director of Public Works."

(7) "City Health Officer" has been changed to "Chief Health Administrator."

C. It is the intention of the City Council 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.

§ 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.

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.

§ 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 City Clerk and shall remain there for use and examination by the public. Upon adoption, such copy or copies shall be certified to by the City Clerk, as provided by law, and such certified copy or copies shall remain on file in the office of the City Clerk, 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 City 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 City Clerk 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 City Clerk for the use of the public. All changes in said Code and all legislation adopted by the City Council subsequent to the effective date of this codification which the City 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 City Clerk, 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 City. 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 a copy or 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.

§ 1-13 Altering or tampering with Code; penalties for violation.

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 City 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 90 days.

§ 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 City 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.

§ 1-14.1 Effective date.

All provisions of this ordinance and of the Code shall be in force and effect on and after 30 days following adoption by Council and amend the Codified Ordinances of the City of Easton effective as of October 22, 2008.

Article II Interpretation; General Penalty

[Adopted 3-25-1965 by Ord. No. 1865 (Art. 101 of the 1965 Codified Ordinances)]

§ 1-15 Interpretation.

[Amended 12-27-1989 by Ord. No. 3064]

In the construction of the Code the following rules shall control, excepting those inconsistent with the manifest intent of Council as disclosed in a particular provision, section or article:[1]

A. Authority. Whenever in the Code authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.

B. Calendar; computation of time. "Month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, except, if the last day is Sunday, it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.

C. City and municipality. "City" and "municipality" mean the City of Easton, Pennsylvania.

D. Conjunctions. "And" shall include "or" and "or" shall include "and" if the sense so requires.

E. Council. "Council" means the Council of the City of Easton, Pennsylvania.

F. County. "County" means the County of Northampton, Pennsylvania.

G. "Fire Department" means the Fire Department of the City of Easton, Pennsylvania.

[Amended 3-23-2022 by Ord. No. 5775]

H. Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.

I. General rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of language; provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.

J. Joint authority. Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.

K. Keeper or proprietor. "Keeper" or "proprietor" means and includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.

L. Land or real estate. "Land" or "real estate" includes rights and easements of incorporeal nature.

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

N. Oath. "Oath" includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples to taking an oath. An affirmation shall have the same force and effect as an oath.

O. Owner. "Owner," when applied to property, includes a part owner, joint owner or tenant in common, of the whole or any part of such property.

P. Person. "Person" extends to and applies to associations, clubs, corporations, firms, partnerships and bodies politic, as well as to individuals.

Q. "Police Department" means the Police Department of the City of Easton, Pennsylvania.

[Amended 3-23-2022 by Ord. No. 5775]

R. Premises. "Premises," when used as applicable to property, extends to and includes land and buildings.

S. Property. "Property" includes real and personal and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property. "Real property" includes lands, tenements and hereditaments.

T. Reasonable time. In all cases where provision is made for an act to be done or notice to be given within a "reasonable time," it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or giving of such notice.

U. Sidewalk. "Sidewalk" means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.

V. State or commonwealth. "State" or "commonwealth" means the Commonwealth of Pennsylvania.

W. Street. "Street" shall be construed to include alleys, avenues, boulevards, lanes, roads, streets and other public ways in the City.

X. Tenant or occupant. "Tenant" or "occupant," as applied to building or land, extends and applies to any person holding a written or oral lease of or who occupies the whole or any part of a building or land, alone or with others.

Y. Tenses. The use of any verb in the present tense includes the future.

Z. Third Class City Code. "The Third Class City Code" means the Pennsylvania Act of June 28, 1951, P.L. 662, as amended.[2] The sections of the Third Class City Code may be cited herein as "3rd Class, _____."

[2] Editor's Note: See 53 P.S. § 35101 et seq.

AA. Written. "Written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

BB. Equivalent dwelling unit (sewer). "Equivalent dwelling unit" for the purpose of determining fees means that part of a residential dwelling or commercial or industrial or other establishment with sewage flows equal to 250 gallons per day.

[Amended 1-25-2006 by Ord. No. 4770]

CC. Equivalent dwelling unit (water). "Equivalent dwelling unit" for the purposes of determining fees means that part of a residential dwelling or commercial or industrial or other establishment with water flows equal to 200 gallons per day.

[Amended 1-25-2006 by Ord. No. 4770]

[1] Editor's Note: Original Subsection 101.04(a), definition of "adopting ordinance," which previously followed this paragraph, was deleted 2-11-2009 by Ord. No. 5150.

§ 1-16 General penalty.

Whenever in the Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in the Code or in any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violator of any such provision or any ordinance shall be fined not more than $300 and, in default of payment of fine and costs, imprisoned for not more than 90 days. Each day's continued violation shall constitute a separate offense.