City of Saco, ME Chapter 1 General Provisions

[HISTORY: Adopted by the City Council of the City of Saco as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[An ordinance adopting Parts I and II of the Code of the City of Saco is presently proposed before the City Council. Upon final adoption, it will be included here as Article I of this chapter.]

§ 1-1 (Reserved)

§ 1-2 (Reserved)

§ 1-3 (Reserved)

§ 1-4 (Reserved)

§ 1-5 (Reserved)

§ 1-6 (Reserved)

§ 1-7 (Reserved)

§ 1-8 (Reserved)

§ 1-9 (Reserved)

§ 1-10 (Reserved)

§ 1-11 (Reserved)

§ 1-12 (Reserved)

§ 1-13 (Reserved)

§ 1-14 (Reserved)

§ 1-15 (Reserved)

Article II Provisions Applicable to Entire Code

[Adopted 5-1-1995 as Ch. I, Secs. 1-2, 1-3, 1-5, 1-6.3, 1-6.4 and 1-7 of the 1994 Code]

§ 1-16 Definitions.

For the purposes of this Code, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require, the following terms shall have the meanings indicated:

CITY

The City of Saco in the County of York and State of Maine.

CITY CHARTER

Chapter 201A, Home Rule Law, Section 1911.

CITY COUNCIL or COUNCIL

The local legislative body of the City, constituted and elected pursuant to the Statutes of the State of Maine.

CLERK or CITY CLERK

The Municipal Clerk duly appointed pursuant to law.

CODE or THIS CODE

The Code of the City of Saco.

COUNTY

York County, Maine.

DEPARTMENT

An organizational unit of the government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the government assigned to such organizational unit by the City Administrator.

LICENSED

Licensed in accordance with the appropriate section or chapter of this Code.

MONTH

A calendar month, unless otherwise specifically provided.

M.R.S.A.

The Maine Revised Statutes Annotated.

MUNICIPAL OFFICERS

The municipal officers of the City of Saco, Maine.

OATH

Shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath.

OFFICER or OFFICIAL (and the title of the officer or official)

Shall be construed as if the words "of the City of Saco" followed it.

OWNER

As applied to any property, shall include any part owner, joint owner, tenant-in-common, tenant-in-partnership, joint tenant or tenant by the entirety of the whole or a part of such property.

PERSON

Shall extend and be applied to associations, firms, partnerships and bodies politic and corporate, as well as to individuals.

STATE

The State of Maine.

STATUTES or REVISED STATUTES

The latest published edition of the Statutes or Revised Statutes of Maine.

STREET

Includes public avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the City, and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the City Council.

TENANT

Any person occupying the premises, building or land of another in subordination to such other person's title and with his express or implied assent, whether he occupies the whole or a part of those premises, building or land, whether alone or with others.

WEEK

Seven days.

YEAR

A calendar year.

§ 1-17 Rules of construction.

A. Word usage. In the construction of this Code and of all ordinances and resolutions of the City, the following rules shall be observed, unless otherwise specifically provided or unless such construction would be inconsistent with the manifest intent of the City Council:

(1) "And" may read "or" and "or" may be read "and," if the sense requires it.

(2) Any citation of a statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.

(3) Definitions given within a chapter or article apply only to words or phrases used in such chapter or article, unless otherwise provided.

(4) Gender. A word importing the masculine gender shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

(5) "Shall" is mandatory and "may" is permissive.

(6) The singular number includes the plural and the plural the singular.

(7) "Time" means an hour of the day according to the official time of the City. The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day is a Sunday, a legal holiday or a day on which the offices of the City are closed, that day shall be excluded.

(8) Whenever a specific time is used in this Code, it shall mean the prevailing time in effect in the State of Maine during any day in any year.

(9) Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners or members thereof, and such word as applied to corporations shall include the officers, agents or employees thereof who are responsible for any violation of said section.

(10) "Preceding" and "following" mean next before and next after, respectively.

(11) Tense. Words used in the past or present tense include the future, past and present where applicable, unless the context clearly indicates otherwise.

(12) Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such meaning.

(13) "Writing" and "written" mean any representation of words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.

B. Divisions of the Code.

(1) "Chapter" shall mean one of the major divisions of the Code and divided by subject matter.

(2) "Section" shall mean a major subdivision of a chapter.

(3) "Subsection" shall mean a subdivision of a section.

C. References include amendments. Any reference in this Code to an ordinance or provision of this Code shall mean such ordinance or provision as it may now exist or as hereafter amended. Any references in this Code to chapters, articles, divisions or sections shall be to chapters, articles, divisions and sections of this Code, unless otherwise specified.

D. Catch lines of sections. The catch lines of the sections appearing in this Code are only intended as guide words or phrases to indicate the contents of the sections and shall not be deemed to be a part of or affect the application or substance of such sections unless expressly so provided.

§ 1-18 Enforcement actions and civil penalties.

[Amended 11-18-2002]

A. The violation of any Code provision contained herein, or any Code provision subsequently adopted hereunder, or any violation of uncodified ordinances, including the Zoning Ordinance and the Subdivision Regulations, shall constitute a civil offense against the City of Saco punishable by a fine of not more than $1,000 per day, per violation, and such civil offense may be prosecuted by the City pursuant to Maine Rule of Civil Procedure 80H, or any other applicable lawful proceeding under Maine law. Each day that any cited violation continues shall constitute a separate offense, amenable to a separate complaint or as additional violations in any pending actions or proceedings.

B. Any such civil offense may be prosecuted on behalf of the City by its City Attorney or its Code Enforcement Officer. Certain actions, under applicable codes, may be initiated by the City's Electrical Inspector, its Plumbing Inspector, its Health Officer or its Police Department.

C. If an act is prohibited by this Code, it shall also be a civil offense against the City for any party, including a third party, to cause, allow, aid, permit, assist, conceal or suffer the underlying civil offense or violation.

D. The City official prosecuting the civil offense shall be deemed to have authority to settle and resolve such offense before any court hearing, but no such settlement may be entered into until it is reviewed and approved by the City Administrator.

E. All fines paid as a result of any enforcement action hereunder shall inure to the City's General Fund.

F. To the extent any Code provision hereunder has its own enforcement or penalty provisions set forth within that Code section, that Code section shall be subject to the terms and conditions of this Code provision.

G. Notwithstanding the preceding, the City may opt to bring an enforcement action under any alternative enforcement procedure permitted under Maine law or this Code. If there is a conflict between this section and any other enforcement provision of the Code, this provision shall control.

§ 1-19 Seal.

[Amended 3-16-2020]

The design hereby annexed shall be the device of the historic City Seal,[1] and the inscription shall be as follows:

DOMINE DIRIGE NOS CITY OF SACO, ME. 1867 (Translation: "The Lord Guides Us")

[1] Editor's Note: A copy of the historic City Seal, digital City Seal, and City Logo are on file in the City Clerk's office, and the proper uses for each are identified in the Brand Style Guide.