Town of Lonaconing, MD General Provisions

[Adopted by the Mayor and Council of the Town of Lonaconing as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 4-22-2015 by Ord. No. 02-2015]

§ 1-1 Adoption of Code.

Pursuant to the authority contained in Section 382(13) of the Town Charter, the ordinances of the Town of Lonaconing of a general and permanent nature, adopted by the Mayor and Council of the Town of Lonaconing, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 226, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Lonaconing," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-3 Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances.

§ 1-4 Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the Clerk-Treasurer of the Town of Lonaconing and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk-Treasurer of the Town of Lonaconing by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of the Town Clerk-Treasurer, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5 Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Mayor and Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Lonaconing" 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.

§ 1-6 Publication; filing.

The Clerk-Treasurer of the Town of Lonaconing shall cause a summary of this Adopting Ordinance to be published in the manner required by Section 376 of the Town Charter. Sufficient copies of the Code shall be maintained in the office of the Clerk-Treasurer for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, 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.

§ 1-7 Code book to be kept up-to-date.

It shall be the duty of the Clerk-Treasurer or someone authorized and directed by the Clerk-Treasurer to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances 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 ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-8 Sale of Code book.

Copies of the Code may be purchased from the Clerk-Treasurer upon the payment of a fee to be established by the Mayor and Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-9 Altering or tampering with Code; penalties for violation.

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 the Town of Lonaconing to be misrepresented thereby. Any violation of this section shall be punishable as a misdemeanor.

§ 1-10 Severability.

Severability of Code provisions. 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 or its application to any person or circumstance 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.

Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof or its application to any person or circumstance 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.

§ 1-11 Repealer.

Except as provided in § 1-12, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Lonaconing which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. The following ordinances are specifically repealed:

Ordinance adopted 11-4-1895 relating to barbwire fences

Ordinance adopted 10-1-1900 relating to nuisances

Ordinance adopted 3-3-1902 relating to the hanging and opening of gates

Ordinance adopted 7-30-1902 relating to firecrackers and fireworks

Ordinance adopted 3-7-1904 relating to posting of bills

Ordinance adopted 3-8-1904 relating to the electric railway

Ordinance adopted 4-3-1905 relating to fire plugs

Ordinance adopted 7-1-1916 relating to vehicles for hire

Ordinance adopted 9-5-1922 relating to drunkenness and disorderly conduct

Ordinance adopted 9-5-1922 (A-4) relating to loitering

Ordinance adopted 9-5-1922 (A-5) relating to motor vehicle traffic, amended 6-18-1956

Ordinance adopted 2-5-1923 (A-6) relating to gambling

Ordinance adopted 10-1-1923 (A-9) relating to placing blinds on business places

Ordinance adopted 11-3-1924 (A-16) relating to gasoline pumps and stations

Ordinance adopted 3-5-1928 (A-19) relating to dumping in Georges Creek

Ordinance adopted 3-5-1928 relating to the sale of milk and cream

Ordinance adopted 9-6-1929 (A-23) relating to licenses

Ordinance adopted 9-6-1929 (A-24) relating to slaughterhouses

Ordinance adopted 2-7-1938 (A-35) relating to operation of theaters on Sunday

Ordinance adopted 3-1-1949 relating to sewer connection charge

Ordinance adopted 1-14-1950 establishing a curfew

Ordinance adopted 11-14-1960 relating to dogs

Ordinance adopted 1-3-1982 relating to speed-timing devices

§ 1-12 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to February 2, 2015.

Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance 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 ordinance in violation of any legislative provision 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 ordinance, brought pursuant to any legislative provision.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

Any ordinance 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 ordinance or resolution 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 Town's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance adopting or amending a Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the Town.

§ 1-13 Changes in previously adopted ordinances.

In compiling and preparing the ordinances for revision as part of the Code, certain grammatical changes and other nonsubstantive minor changes were made in one or more of said ordinances. In addition, chapter and section number references to the ordinances may have been renumbered for consistency. It is the intention of the Mayor and Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

In addition, the changes, amendments or revisions as set forth in Schedule A, attached hereto and made a part hereof, are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]

[1]

Editor's Note: In accordance with § 1-13B, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance 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 4-22-2015 by Ord. No. 02-2015]. Schedule A, which contains a complete description of all changes, is on file in the Town offices.

Nomenclature. References to the following are updated as indicated throughout the Code:

(1)

"Clerk" and "Treasurer" are changed to "Clerk-Treasurer."

(2)

"Mayor and Councilmen" is changed to "Mayor and Council."

§ 1-14 Deposit of copies with state agencies.

Pursuant to § 4-109 of the Local Government Article of the Annotated Code of Maryland, a copy of the Code of the Town of Lonaconing containing the Charter shall be deposited with the Maryland Department of Legislative Services.

§ 1-15 When effective.

All provisions of this ordinance and the Code shall be in full force and effect at the expiration of 20 calendar days following approval by the Council in accordance with Section 376 of the Charter.