[HISTORY: Adopted by the Town of Wells as
indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-2000]
[Amended 6-14-2016]
The various chapters and articles of the 1985 Code of the Town of Wells, and subsequent ordinances of the Town of Wells of a general and permanent nature adopted by the Town Meeting and Board of Selectmen of the Town of Wells, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 212, together with certain regulations contained in Chapter 230, are hereby approved, adopted, ordained and enacted as the "Wells Municipal Code," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede
the 1985 Code of the Town of Wells and 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.
The provisions of the Code, insofar as they
are substantively the same as those of the legislation in force immediately
prior to the enactment of the Code by this ordinance, are intended
as a continuation of such legislation and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior legislation.
This ordinance shall take effect immediately
upon passage and publication according to law.
A copy of the Code, in loose-leaf form, has
been filed in the office of the Town Clerk 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 Town Clerk, and such certified copy shall
remain on file in the office of said Town Clerk to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
Any and all additions, deletions, amendments
or supplements to the Code, when adopted in such form as to indicate
the intention of the Town Meeting or Board of Selectmen to make them
a part thereof, shall be deemed to be incorporated into such Code
so that reference to the "Wells Municipal Code" shall be understood
and intended to include such additions, deletions, amendments or supplements.
Whenever such additions, deletions, 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 Clerk of the Town of Wells, pursuant to
law, shall cause to be published, in the manner required by law, a
copy of this Adoption Ordinance. Sufficient copies of the Code shall
be maintained in the office of the Clerk for inspection by the public
at all times during regular office hours. The enactment and publication
of this ordinance, coupled with the availability of a copy 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 Town Clerk, or someone
authorized and directed by the Clerk, to keep up-to-date the certified
copy of the book containing the Code required to be filed in the Clerk's
office for use by 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.
Copies of the Code may be purchased from the
Clerk upon the payment of a fee to be set by the Board of Selectmen,
following notice and a public hearing, and the Board of Selectmen
may also arrange 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 the Town of Wells to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to a fine of not more than $100.
A.
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 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.
B.
Severability of ordinance provisions. Each section
of this ordinance 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.
A.
Any person violating or failing to comply with any
provision of this Code or committing any act or omission to act declared
to be a civil violation or unlawful, where no specific penalty is
provided therefor, shall be punished by a civil penalty of not more
than $100. All civil penalties collected for violations of the Code
shall be paid to the Town of Wells, unless the Code specifies otherwise.
B.
In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty as provided in Subsection A above shall apply to the section as amended or, in case the amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this Adoption Ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to August 1, 2000.
B.
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.
C.
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.
D.
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.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place or any
portion thereof.
G.
Any ordinance 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.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The annexation or dedication of property or approval
of preliminary or final subdivision plats.
K.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
A.
In compiling and preparing the ordinances for publication as the Wells Municipal Code, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Meeting that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
The following changes are made throughout the Code:
(1)
References to the "Personnel Board" and the "Board
of Personnel and Review" are amended to read "Personnel Advisory Board."
(2)
References to the "Board of Assessment Review" are
amended to read "Assessment Review Board."
(3)
References to the "Street Commissioner" are amended
to read "Road Commissioner."
(4)
References to the "Clam Conservation Commission" are
amended to read "Shellfish Conservation Committee."
(5)
References to the "Board of Appeals" and "Board of
Zoning Appeals" are amended to read "Zoning Board of Appeals."
(6)
References to "fine" are amended to read "civil penalty."
(7)
References to "misdemeanor" are amended to read "civil
violation."
(8)
Each section which contains a specific fee is amended
to delete the fee amount and replace it with the wording "as established
by the Board of Selectmen, following notice and a public hearing."
Each section which already refers to fees being established by the
Board of Selectmen is amended to add the wording "following notice
and a public hearing."
C.
In addition, the amendments and/or additions 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.[1] (Chapter and section number references are to the ordinances
as they have been renumbered and appear in the Code.)
[1]
Editor's Note: Schedule A is included in the
copy of this ordinance on file in the Town Clerk's office.
