Article 1
Use and Construction of Code
§1-101 Short Title.
The short title of this Code of Ordinances prepared and published for the Borough of Cornwall shall be the “Borough of Cornwall Code of Ordinances.”
(Ord. 2009-1, 7/13/2009)
§1-102 Citation of Code of Ordinances.
The Borough of Cornwall Code of Ordinances may be cited by Section number. The approved short form is “Code.” Thus, "Code, §27-101" refers to §101 of Chapter 27 of this Code of Ordinances.
(Ord. 2009-1, 7/13/2009)
§1-103 Arrangement of Code.
1. This Code is divided into Chapters which are subdivided as follows:
A. Subchapters, identified by capital letters, beginning with a Chapter title and number.
B. Article, identified by Arabic numerals, beginning with an Article title and number.
C. Subarticles, identified by Arabic numerals, beginning with a title.
2. The Sections of the Code are subdivided as follows:
A. Subsections, identified by Arabic numerals.
B. Paragraphs, identified by capital letters.
C. Subparagraphs, identified by Arabic numerals enclosed within parentheses.
D. Clauses, identified by lower case letters enclosed within parentheses.
E. Subclauses, identified by Arabic numerals followed by a parenthesis.
F. Items, identified by lower case letters followed by a parenthesis.
G. Subitems, identified by small Roman numerals.
(Ord. 2009-1, 7/13/2009)
§1-104 Headings.
Chapter, Subchapter, Article, Subarticle, Section, Subsection, Paragraph, Subparagraph, Clause, and Subclause headings contained in the Code may not be deemed to govern, limit, modify or affect the scope, meaning or intent of the Code. The headings of Sections, Subsections or other divisions of this Code are intended as mere captions to indicate the contents of the Section, Subsection or other division and shall not be deemed to be taken as titles of such Section, Subsection or other division, nor as any part of said Section, Subsection or other division unless expressly so provided.
(Ord. 2009-1, 7/13/2009)
§1-105 Tenses, Gender and Number.
Except as may be otherwise stated in any provision of this Code, the present tense includes the past and future tenses, and the future the present; the masculine gender includes the feminine and neuter, the feminine includes the masculine and neuter, and the neuter includes the masculine and feminine; and the singular includes the plural, and the plural the singular.
(Ord. 2009-1, 7/13/2009)
§1-106 Construction.
1. Except as may be otherwise specifically provided by any provision of this Code, the Statutory Construction Act of 1972, 1 Pa.C.S.A. §1501 et seq., shall be applied in construing this Code.
2. Effect of Repeal or Expiration of Code Section.
A. The repeal of a Code Section or ordinance, or its expiration by virtue of any provision contained therein, shall not affect any right accrued or any offense committed, any penalty or punishment incurred, or any proceeding commenced before the repeal took effect or the ordinance expired.
B. When any ordinance repealing a former Code Section, ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former Code Section, ordinance, clause or provision, unless it shall be expressly so provided.
3. Saving Clause. The provisions of this Code, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of this Code, are intended as a continuation of such ordinances, resolutions and regulations and not as a new enactment. The provisions of this Code shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations. Except as specifically stated in this Code or in the ordinance adopting this consolidation, codification and revision of the ordinances and regulations of the Borough of Cornwall, it is the intention of the Borough Council that no ordinance or regulation of the Borough be amended, revised or repealed by implication.
4. Resolutions. The provisions of this Code of Ordinances may contain resolutions, that is, actions of the Borough Council of the Borough of Cornwall (in written form and designated "resolution”) which did not require prior public notice in accordance with the provisions of the Borough Code, 53 P.S. §45101 et seq., at the time of their passage by the Borough Council. Such "resolutions” are included herein for ease of reference and the Borough Council does not intend by their inclusion herein to require prior public notice before amending, revising or repealing such resolution or resolutions as may have been included herein in the future. It is the intention of the Borough Council that such actions of the Borough Council that may be included in this Code and specifically cited and designated as a resolution shall not become an ordinance (requiring prior public notice before amendment, revision or repeal) by the simple fact of inclusion in this Code.
(Ord. 2009-1, 7/13/2009)
§1-107 Normal Numbering.
1. Chapters. Chapters are numbered sequentially in Arabic throughout this Code.
2. Articles. Articles are numbered sequentially in Arabic throughout this Code.
3. Whenever other divisions are necessary, Chapters shall be divided into Subchapters, Articles into Subarticles and designated with the Chapter or Article number followed by a capital letter. For instance, Chapter 1 may be divided into Subchapters 1A and 1B.
4. Sections. Sections are numbered sequentially throughout a Chapter and an Article such that the first number or numbers is the Chapter number, followed by a hyphen, followed by the Article number, followed by the Section number within the Article. For example, "§1-101" designates Chapter 1, Article 1, Section 1. Similarly, “§27-305" designates Chapter 27, Article 3, Section 5.
5. Internal Divisions of Sections. Whenever internal divisions are necessary, Sections shall be divided into Subsections, Subsections into Paragraphs, Paragraphs into Subparagraphs, Subparagraphs into Clauses, and Clauses into Subclauses, and Subclauses into Items, and Items into Subitems, designated as follows:
1. Subsection.
A. Paragraph.
(1) Subparagraph.
(a) Clause.
1) Subclause.
a) Item.
i. Subitem.
(Ord. 2009-1, 7/13/2009)
§1-108 Special Numbering Problems.
1. Addition of New Units Between Existing Units. If it becomes necessary to introduce a new Chapter, Article or Section between existing Chapters, Articles or Sections, the new Chapter, Article or Section shall be designated by the addition of a capital letter suffix to the preceding Chapter, Article or Section number. Thus, a Chapter introduced between Chapters 5 and 6 would be Chapter 5A and Sections in that Chapter would be numbered, for instance, “§5A-101.” If it becomes necessary to introduce a an Article between existing Articles 5 and 6 the new Article would be Article 5A and Sections in that Article would be numbered, for instance, “§5-5A01.” A new Section introduced between existing Sections 5 and 6 would be “§5-105A.” When a number of new Articles or Sections have been introduced the Chapter or Article shall be renumbered.
2. If it becomes necessary to introduce a Subsection between Subsections, for instance, Subsections .5 and .6, the new Subsection would be numbered Subsection .5-A.
3. If it becomes necessary to introduce a unit smaller than a Subsection between existing units, the entire Subsection shall be revised and renumbered.
4. Vacated Numbers. Whenever a number is vacated by a revocation or repeal, the remaining elements in the overall unit shall retain their old numbers until the overall unit is completely revised. Prior to revision, the vacated number may be marked: “[Reserved].”
(Ord. 2009-1, 7/13/2009)
§1-109 Amending Code.
1. All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code shall be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed Chapters, Articles, Sections, Paragraphs, Clauses or other part or provision hereof, by subsequent ordinance, such repealed portions may be excluded from this Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code and subsequent ordinances omitted are readopted as a new Code by the Borough Council.
2. Amendment to any provision of this Code shall be made by specific reference to the Chapter, Article, Section and/or Subsection number of this Code in the following language:
A. Amendment or Revision. "Chapter _____ , Article _____ , Section _____ , Subsection _____ , is hereby amended (revised) to read as follows . . . .” The amended or revised provisions may then be set out in full as desired.
B. Addition. "Chapter _____, Article _____ , Section _____ , Subsection _____ , is hereby amended by the addition of the following . . . .” The new provision shall then be set out in full as desired.
C. Repeal. "Chapter _____ , Article _____ , Section _____, Subsection _____ , is hereby repealed in its entirety.”
3. It is the intention of the Borough Council that the numbering scheme of this Code be adhered to in enacting future ordinances. In the event that any ordinance or other enactment be adopted which does not conform to the numbering system of this Code, it is the intention of the Borough Council that such enactment be renumbered in the process of supplementing, revising or updating this Code to conform to the numbering scheme of this Code. The Borough Council hereby acknowledges and confirms that the numbering scheme herein is for ease of reference and that the renumbering of any enactment when added to this Code shall not in any manner affect the validity of said enactment.
(Ord. 2009-1, 7/13/2009)
§1-110 Altering Code.
It shall be unlawful for any person to change or amend by addition or deletion any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever, except by ordinance or resolution or other official act of the Borough Council.
(Ord. 2009-1, 7/13/2009)
§1-111 Penalties.
1. Penalty Where No Penalty Provided. Whenever in this Code or in any ordinance of the Borough any act is prohibited or is declared to be unlawful, or whenever in this Code or other ordinance the doing of any act is declared to be unlawful, and no specific penalty is provided therefor:
A. Violations of Health, Safety and Welfare Provisions. For violations of ordinances adopting building, housing, property maintenance, health, fire or public safety codes; and for ordinances regulating water services, water pollution, air pollution and noise, the following penalty shall be provided:
(1) Any person, firm or corporation who shall violate any provision of this Article, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article continues or each Section of this Article which shall be found to have been violated shall constitute a separate offense.
B. Other Violations. All other penalties, except for penalties in Chapter 15, “Motor Vehicles and Traffic” (based on the Vehicle Code, 75 Pa.C.S.A. §101 et seq.), penalties and ordinances adopted under the authority of the Municipalities Planning Code, 53 P.S. §10101 et seq., and earned income tax ordinances adopted under the Local Tax Enabling Act, 53 P.S. §6913, should provide, generally:
(1) Any person, firm or corporation who shall violate any provision of this Article, upon conviction thereof, shall be sentence to a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article continues or each Section of this Article which shall be found to have been violated shall constitute a separate offense.
2. The imposition of a penalty under the provisions of this Code shall not prevent the revocation of any permit or license or the taking of other punitive or remedial action where called for or permitted under the laws of the Commonwealth of Pennsylvania and the United States of America. In addition, the Borough may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this Code. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
(Ord. 2009-1, 7/13/2009)