(a) Actions Requiring an Ordinance. In addition to requirements provided by law or the Home Rule Charter, acts of the Council shall be by ordinance which:
(1) Adopt or amend an administrative code or establish, alter or abolish any unit of the City;
(2) Provide for a fine or other penalty or establish a rule or regulation for which a fine or other penalty is imposed;
(3) Levy taxes and provide for service charges, permit fees and assessments;
(4) Adopt the annual budget and capital program budget;
(5) Repeal or amend any ordinance;
(6) Adopt procedures for purchasing of products, goods or services and for the making of contracts;
(7) Adopt other actions which are legislative in nature;
(8) Authorize the borrowing of money; and
(9) Adopt zoning, subdivision and other land use controls.
(Ord. 4693. Passed 12-7-94.)
(b) Ordinance Form and Procedure.
(1) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Johnstown, Pennsylvania ordains...." Any ordinance which repeals or amends an existing ordinance shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall clearly indicate the matter to be omitted and any new matter be added. This should occur via the use of strike-through font for items omitted, and underscoring for any new matter, and/or any other manner of labeling or highlighting that makes any proposed changes clear on the face of the ordinance effectuating the amendment or repeal of the existing ordinance or portion thereof.
(2) An ordinance may be introduced by any member of the Council at any stated monthly or special meeting of the Council by submitting the proposed ordinance to the City Manager or City Clerk not less than four City business days prior to the Council meeting for placement on the Council agenda. Upon introduction of any ordinance, a copy shall be distributed to each Council member and to the City Manager, and a reasonable number of copies shall be filed in such other public places as the Council may designate by resolution.
(c) Enactment of Ordinances.
(1) Action on any ordinance bill shall be at a lawful meeting of Council and shall be by majority vote of the members present. If such bill receives such affirmative majority vote, it shall then be signed by the Mayor or, in his or her absence or refusal to sign, any other Councilmember, and attested by the City Clerk who shall affix the Municipal Seal and insert the dates of Council actions.
(2) Except in emergency situations, the nature of which must be stated in a preamble to the ordinance bill, an ordinance shall not be finally enacted at the same meeting in which it was introduced.
(3) Ordinances shall be numbered consecutively and shall contain a clear statement that the document is an ordinance.
(d) Codes of Technical Regulations. The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be the same as those prescribed for ordinances generally, except that:
(1) The requirements of this section for distribution and filing of copies of the ordinances shall be construed to include copies of technical regulations as well as the adopting ordinance; and
(2) A copy of each adopted code of technical regulations as well as the adopting ordinance shall be authenticated and recorded.
(e) Ordinances Requiring Prior Public Notice and Hearing. No final action shall be taken on the following types of ordinances and amendments thereto without public hearing thereon and at least ten days published public notice in a newspaper of general circulation in the City:
(1) Zoning ordinance and amendments thereto;
(2) Adoption of the zoning map and amendments thereto;
(3) Subdivision regulations;
(4) Land development and land use regulations;
(5) New taxes, or increases in the rate of existing taxes;
(6) Adoption of the annual budget and capital program.
(f) Recording.
(1) Within seven days after the enactment of an ordinance, the City Clerk shall cause to be recorded in the Municipal Ordinance Book, a verbatim copy of such ordinance, which shall contain a notation of the date of enactment and the name of the newspaper and the date, if any, on which publication was made.
(2) It shall not be necessary to record in the Ordinance Book the full text of any ordinance where there is a specific provision in the laws of Pennsylvania permitting adoption and recording by reference, or in the case of any ordinance adopting, with or without amendment or modification, any standard building, plumbing, electrical, housing or other technical code complete in itself, for the regulation of any trade, occupation or line of activity or undertaking, but in the latter cases it shall be necessary only to record the ordinance adopting the same by reference and indicating the Municipal office where the complete code or ordinance shall be available.
(3) Whenever an ordinance shall be specifically amended or repealed, the City Clerk shall cause a notation to that effect to be made in the Ordinance Book at the location where the recording of such ordinance shall commence.
(4) Whenever any ordinance shall prescribe a condition to its becoming effective, in the nature of an acceptance by a party thereto, the meeting of such condition or the failure to meet the same shall likewise be noted at the appropriate place in the Ordinance Book.
(g) Availability of Ordinances and Copies Thereof. The Ordinance Book shall be open and available for public inspection during office hours, and copies of ordinances shall be obtainable upon payment of a reproduction charge of twenty-five cents ($.25) per page.
All adopted City of Johnstown ordinances shall be posted to the City of Johnstown internet web site no later than seven business following Council's action in the adoption.
(h) Codification of Ordinances. The City shall cause the adopted ordinances of general applicability to be codified and indexed, which codification shall be kept current by annual updating.
(i) Enforcement of Ordinances; Procedures. When instituted, actions, prosecutions, complaints, and proceedings for the violation of the ordinances of the City and for fines, penalties and forfeitures imposed shall be pursued in the corporate name of the City and be conducted in the manner prescribed by law.
Unless otherwise provided by law, any judicial proceedings instituted for the willful violation of the ordinances of the City shall be conducted as summary offense proceedings, or proceedings for the recovery of penalties, before magisterial district judges with the same right of appeal from any final judgment entered.
(j) Penalties. A person who willfully violates any ordinance for which no penalty is otherwise specified commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) plus costs and attorney's fees, where authorized, or to imprisonment of not more than 90 days, or both, at the discretion of the Court.
(k) Continuing Violations. Unless otherwise expressly provided, each day any violation continues shall constitute a separate offense, and the person or other entity responsible for such violation shall be punished as provided above for each separate offense.
(l) Abatement of Nuisances. In addition to the penalties and other remedies herein provided, any condition caused or permitted to exist in violation of any ordinance will be deemed a public nuisance and may be abated by the City with the costs of such abatement borne by the person or entity owning the property upon which such condition exists. Such costs will be collected for the use of the City as debts by law are collected or by a municipal claim or lien filed as provided by law. Each day that such condition continues shall be regarded as a separate offense.
(m) Actions at Law or in Equity. In addition to the enforcement provisions herein provided, the City may institute an appropriate action or proceeding at law or in equity against a person or entity responsible for a violation of any ordinance and request either or both of the following remedies:
(1) To cease, correct or remove the violation.
(2) To enforce the penalty provisions of the ordinance or seek other remedies as are just and reasonable.
(n) Cumulative Penalties. Wherever these Codified Ordinances or any ordinance provides for alternative penalties or remedies, said penalties or remedies shall be cumulative and the imposition of any one such penalty or remedy shall not prevent the City from invoking any other penalty or remedy provided therefor.
(o) Actions of Council Other Than by Ordinance Adoption.
(1) Other business of Council may be undertaken by adoption of resolutions, enactment of proclamations or approval of motions, which shall require a simple majority vote of Council unless otherwise required by law.
(2) If a resolution, bill, ordinance, or motion is voted on by Council and fails twice within any six month period said resolution, bill, ordinance, or motion may not be brought before Council again for at least six months from the last date on which it failed.
(Ord. 4654. Passed 10-27-93; Ord. 4908. Passed 3-12-03; Ord. 5015(2). Passed 3-12-08; Ord. 5034. Passed 8-5-09; Ord. 5177. Passed 5-19-15; Ord. 5210. Passed 10-26-16; Ord. 5255. Passed 7-11-18.)