Title
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending the Section 2 of Ordinance 39-07, in order to postpone the effective date of the Ordinance pending litigation concerning its validity, currently underway in the United States District Court for the Western District of Pennsylvania.
Body
WHEREAS, Ordinance 39-07, relating to the restriction of residency for Megan's Law registrants residing within Allegheny County, was passed unanimously by Council on October 23, 2007 and signed into law by the Chief Executive on October 29, 2007; and
WHEREAS, Section 2 of Ordinance 39-07 provided that the provisions of the Ordinance would take effect on March 1, 2008; and
WHEREAS, subsequent to the effective date of Ordinance 39-07, litigation was commenced in the United States District Court for the Western District of Pennsylvania under the caption Fross, et. al., v. County of Allegheny; and
WHEREAS, this litigation challenges the validity of Ordinance 39-07; and
WHEREAS, in the interest of obtaining a final ruling on the validity of the Ordinance before enforcing its terms, it is the desire of Council to amend Section 2 of Ordinance 39-07 to delay the effective date contained therein;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Amendment of the Ordinance 39-07
Section 2 of Ordinance 39-07 is hereby amended as follows:
SECTION 2. Effective Date
The terms of §275-09 shall take effect upon final approval of this Ordinance. The remaining provisions of this Ordinance shall take effect on March 1, 2008. The effective date of this ordinance is suspended until the termination of the lawsuit captioned Fross, et al. v. County of Allegheny, pending in the United States District for the Western District of Pennsylvania at case number 2008-cv-1405 or until May 1, 2009, whichever last occurs.
SECTION 2. Severability
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 3. Repealer
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.