[HISTORY: Adopted by the Board of County Commissioners of Allegany County as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 7-14-2011 by Bill No. 3-11, effective 9-1-2011]
The public local laws adopted by the General Assembly of the State of Maryland and the acts, ordinances, resolutions and bills adopted by the Board of County Commissioners of Allegany County, as revised, codified and consolidated into chapters and sections by General Code and consisting of the public local laws enacted by the General Assembly of the State of Maryland and the acts, ordinances, resolutions and bills, which public local laws, acts, ordinances, resolutions and bills are designated as Chapters 1 through 535, together with an Appendix, are hereby adopted, approved, ordained and enacted as the "Code of Allegany County, Maryland," hereinafter known and referred to as the "Code."
This bill and the Code shall supersede all other permanent public local laws, acts, ordinances, resolutions and bills enacted prior to the enactment of this Code, except such public local laws, acts, ordinances, resolutions and bills as are hereinafter expressly saved from repeal or continued in force. This Code specifically replaces the former Code of Allegany County, Maryland, adopted 6-15-1984 by Bill No. 2-84, as amended and supplemented.
All provisions of this bill and the Code shall be in full force and effect on and after its September 1, 2011.
A copy of the Code in loose-leaf form has been filed in the office of the County Clerk and shall remain there for use and examination by the public until final action is taken on this bill, and, if this bill shall be adopted, such copy shall be certified to by the County Clerk of Allegany County by impressing thereon the Seal of the County, and such certified copy shall remain on file in the office of the County Clerk, to be made available to persons desiring to examine the same during all times while the Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Board of County Commissioners to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of Allegany County, Maryland," shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
The County Clerk of Allegany County, pursuant to law, shall cause to be published, in the manner required, a notice of the hearing on this adopting legislation in a newspaper of general circulation in the County. Sufficient copies of the Code shall be maintained in the office of the County Clerk for inspection by the public at all times during regular office hours. Publication of such notice, coupled with availability of 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.
It shall be the duty of the County Clerk, or someone authorized and directed by the County Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the office of the County Clerk for the use of the public. All changes in said Code and all legislation adopted subsequent to the effective date of this codification, which shall be adopted 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.
Copies of the Code book containing the Code may be purchased from the County Clerk upon the payment of a fee to be set by resolution of the Board of County Commissioners, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of Allegany County to be misrepresented thereby. Anyone violating this section of this bill shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, in the discretion of the Judge imposing the same.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or parts thereof.
Each section of this bill is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
All public local laws, acts, ordinances, resolutions and bills or parts thereof of a general and permanent nature adopted and in force on the date of the adoption of this bill and not contained in the Code are hereby repealed as of the effective date of this adopting bill, except as hereinafter provided.
The adoption of this Code and repeal of legislation provided for in § 1-12 of this bill shall not affect the following legislation, rights and obligations, which are hereby expressly saved from repeal:
Any legislation adopted subsequent to December 9, 2010.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this bill or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this bill in violation of any legislative provisions or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this bill brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any legislation providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any legislation appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the County's indebtedness.
Legislation authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The dedication of property or approval of preliminary or final subdivision plats.
Legislation establishing the amount and manner of payment of salaries or compensation of officers and employees, establishing workdays and working hours of certain employees, providing for holidays and vacations for employees and keeping of employment records.
Legislation making any change in or revision to the Zoning Map.
In compiling and preparing the public local laws, acts, ordinances, resolutions and bills for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one or more of said public local laws, acts, ordinances, resolutions and bills. It is the intention of the County Commissioners that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such.
In compiling and preparing the public local laws, acts, ordinances, resolutions and bills for adoption and revision as part of the Code, terms such as "bill," "ordinance," etc., were changed to "section," "article" or "chapter," as appropriate, throughout the Code so as to accurately reflect the new breakdown in the Code. It is the intention of the County Commissioners that all such changes be adopted as part of the Code as if the legislation had been previously formally amended to read as such.
All designations and headings of chapters, articles and sections are intended only for convenience in arrangement and as mere catchwords to indicate the contents of such chapters, articles or sections. They shall not be deemed nor taken to be any part or title of such chapters, articles or sections; nor, unless expressly so provided, shall they be so deemed upon amendment or reenactment; nor shall they be construed to govern, limit, modify, alter or in any other manner affect the scope, meaning or intent of any of the provisions of this Code.
Renumbering. In compiling and preparing the public local laws, acts, ordinances, resolutions and bills for adoption and revision as part of the Code, a new numbering system was used. This new numbering system required that the references to the original numbering of the legislation be changed to reflect the new numbering system. It is the intention of the County Commissioners that all such changes be adopted as part of the Code as if the legislation had been previously formally amended to read as such.
In addition, the changes, amendments or revisions as set forth on the attached Schedule A are made herewith, to become effective upon the effective date of this bill. (Chapter and section number references are to the public local laws, acts, ordinances, resolutions and bills as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-14E, the chapters, parts and sections that were added, amended, adopted or deleted by this bill are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 7-14-2011 by Bill No. 3-11, effective 9-1-2011." Schedule A, which contains a complete description of all changes, is on file in the County offices.