[HISTORY: Adopted by the County Council of
Talbot County as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Enforcement of Code — See Ch. 58.
[Adopted 1-12-2021 by Bill No. 1467]
The ordinances of Talbot County of a general and permanent nature, adopted by the County Council of Talbot County, as revised, codified and consolidated into chapters and sections and consisting of Chapters 1 through 190, are hereby approved, adopted, ordained and enacted as the "Talbot County Code," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent ordinances enacted prior to the enactment of this Code
which are inconsistent with the ordinances included in the Code.
All provisions of this ordinance shall become effective (sixty)
60 calendar days after adoption.
A copy of the Code in loose-leaf or post binder form has been
filed in the office of the County Manager 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 Secretary of Talbot County by impressing thereon
the Seal of the County, and such certified copy shall remain on file
in the office of the County Manager, 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 County Council to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Talbot County
Code" 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 published as amendments
and supplements thereto.
The County Manager of Talbot County, pursuant to law, shall
cause to be published, in the manner required, a notice of the passage
of this ordinance in a newspaper of general circulation in the County.
Sufficient copies of the Code shall be maintained in the office of
the County Manager 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 Secretary, or someone authorized
and directed by the Secretary, to keep up-to-date the certified copy
of the Code required to be filed in the County Manager's 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 published as supplements thereto.
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 Talbot County to be misrepresented thereby. Any violation
of this section shall be punishable as a misdemeanor, the penalty
for which shall be a fine not to exceed $1,000 or imprisonment for
a term not to exceed six months, or both such fine and imprisonment.
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.
A.
In compiling
and preparing the ordinances for adoption and revision as part of
the Code, certain grammatical changes and other minor changes were
made in one or more of said ordinances. It is the intention of the
County 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.
B.
In addition,
the following changes, amendments or revisions are made herewith,
to become effective upon the effective date of this ordinance as set
forth in Schedule A attached hereto and made a part hereof. (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 § 1-10B, the chapters, parts and sections which 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) 1-12-2021 by Ord. No. 1467." Schedule A, which contains a complete description of
all changes, is on file in the County offices.
[Adopted 1-12-2010 by Bill No. 1177]
As used in this article, the following terms shall have the
meanings indicated:
The adoption, repeal, repeal and reenactment, or the revision,
amendment, or consolidation of any section or part of a section of
the Code by legislative action of the County Council, or public local
law enacted by the General Assembly applicable only to Talbot County,
or by any final action of the Critical Area Commission for the Chesapeake
and Atlantic Coastal Bays approving any proposed amendment or refinement
of the Talbot County Critical Area Program.
The Talbot County Code or any part or section thereof, or
any public local law enacted by the General Assembly applicable only
to Talbot County.
Talbot County, Maryland, acting through its authorized agents
and employees.
Any suit, action, demand, monetary penalty, abatement order,
or other administrative, civil, or criminal proceeding brought by
the County to enforce the Code.
All penalties, forfeitures, liabilities, orders, or remedies,
whether administrative, civil, or criminal, established by the Code
and all decisions, judgments, decrees, convictions, or penalties,
issued by any administrative agency or court to enforce the same.
If an enforcement action is pending for an existing Code violation
when an act is adopted, the enforcement action shall be prosecuted
and proceed to final decision, determination, and judgment, including
all stages of any appeal, applying the Code in effect as if the act
had not been adopted. If no enforcement action is pending for an existing
Code violation at the time an act is adopted, the County may, notwithstanding
adoption of the act, file and pursue enforcement action(s) against
a violator in the same manner and subject to the same sanctions as
if the act had not been adopted.
Adoption of an act shall not release, extinguish, alter, modify,
or change, in whole or in part, any sanctions for Code violations
available to the County which have accrued or been issued, incurred,
imposed, or declared under the Code, unless the act shall expressly
so provide. Any such Code chapter, section, or part thereof affected
by an act shall be treated and held as still remaining in force for
the purpose of: imposing any sanctions or filing or pursuing any enforcement
action for violations occurring prior to adoption of the act; and
reviewing or sustaining any decision, judgment, decree, or order that
has been or may be rendered, entered, or made in such enforcement
action. Enforcement actions filed after adoption of an act based on
violations occurring before adoption of the act shall be prosecuted
and proceed to final decision, determination, and judgment, including
all stages of any appeal, applying the Code in effect as if the act
had not been adopted.
