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§ 1.10-1009. Definitions and Rules of Construction.
(a) Adoption of an ordinance occurs when the Board has completed all action necessary prior to submission of the ordinance to the County Executive for his or her approval or veto.
(b) Agency shall mean department, office, bureau, board (except the Board of Commissioners), committee (except a committee consisting only of members of the Board of Commissioners), commission, authority or administrative unit and the voluntary advisory boards established by the County Executive under § 1.4-402(k).
(c) Applicable State Law or State law or law shall refer to those laws of the Commonwealth of Pennsylvania which the County is required to observe and adhere to in the exercise of its Home Rule powers.
(d) Board unless otherwise specified shall mean the County Board of Commissioners consisting of those Commissioners who have assumed office.
(e) Charter shall mean the Home Rule Charter of Lehigh County.
(f) County shall mean Lehigh County or The County of Lehigh.
(g) County Commissioner shall mean a member of the County Board of Commissioners.
(h) County Government shall mean the Government of Lehigh County.
(i) Court of Common Pleas shall mean the Court of Common Pleas of the 31st Judicial District of the Commonwealth of Pennsylvania, presently composed of Lehigh County.
(j) Elected officer shall include those enumerated in § 1.2-201 whether elected under § 1.2-203 or appointed under § 1.2-208 and also includes those elected officers whose terms under § 1.11-1105 (a) expire on the first Monday of January, 1980.
(k) Enactment of an ordinance occurs when: it is passed by the Board and signed by the County Executive; it is passed by the Board by an affirmative vote of at least a majority plus one (1) of the members in office over the veto of the County Executive; the Executive fails to either veto or sign a measure passed by the Board within the ten (10) day period provided in § 1.3-312 of this Charter.
(l) Forfeiture of office by an elected official shall occur if he or she ceases to possess the qualifications for office; if he or she is convicted in any Court of competent jurisdiction of any crime which is classified as a felony or of any crime involving moral turpitude under the criminal laws of the United States or the Commonwealth of Pennsylvania or if he or she ceases to be a resident and qualified voter of the County. The District Attorney shall forfeit his or her office if he or she is disbarred or suspended from the practice of law before the Supreme Court of the Commonwealth of Pennsylvania.
(m) Judiciary shall include the Court of Common Pleas as defined herein; the Judicial Magisterial System within the 31st Judicial District of the Commonwealth of Pennsylvania; the offices of the Court Administrator and Clerk of the Orphans Court Division of the Court of Common Pleas; the Domestic Relations Section; Probation Department; and such other offices, sections, departments and/or agencies which do now or shall hereafter constitute part of the Judicial System within the County of Lehigh.
(n) Person shall mean an individual, a partnership, an association, a corporation or other entity unless such a construction would be unreasonable.
(o) Political office or political employment is any elective or appointive position in any political party.
(p) Public employment or public office or governmental office or government employment is any federal, state, county, or municipal position, whether elected or appointed.
(q) Where a public hearing is required by this Charter, it shall consist of a special meeting held by the Board or the County Executive, as the case may be, at which time there will be only one order of business, and at which the public shall be permitted to speak on the subject specified. For required public hearings, public notice must be given at least seven (7) days prior to the date of the hearing, except as provided in § 1.7-703.
(r) Public notice, unless provided otherwise in the Charter or by law, shall consist of the placement of a legal advertisement in at least one newspaper circulating generally in the County and in such electronic or other media as may be designated by ordinance. Public notice shall be given at least three (3) days prior to the time of the first regularly scheduled meeting and at least twenty-four (24) hours prior to the time of hearings or other regular or special meetings and the posting of a copy of the notice prominently at the principal office of the body holding the meeting or hearing and the public building in which the meeting or hearing is to be held. Publication in the legal periodical in the County shall not be required. The Board of Commissioners or agency holding any meeting or hearing shall supply, on request, copies of the public notice thereof to any newspaper of general circulation in the political subdivision in which the meeting or hearing will be held and to any radio and television station and television cable system which regularly broadcasts into the political subdivision.
(s) A qualified elector or qualified voter is a person who is legally eligible to vote, having met the age, residency, and registration requirements as set forth by State law.
(t) Technical codes are standard or nationally recognized codes or technical rules, regulations, or specifications, such as building, electrical, other health or safety codes, etc.
Source The provisions of this § 1.10-1009 amended November 5, 1996. Immediately preceding text appears at serial pages (220497) to (220498).
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