[HISTORY: Adopted by the Mayor and Town Council
of the Town of Oakland as indicated in article histories. Amendments
noted where applicable.]
[Added 1-7-2008 by Ord. No. O2007-09]
The ordinances of the Town of Oakland of a general and permanent nature, adopted by the Mayor and Town Council of the Town of Oakland, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 300, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Oakland," 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, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
All provisions of this ordinance of the Code
shall be in full force and effect on and after January 7, 2008.
A copy of the Code has been filed in the office
of the 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 of the Town of Oakland by impressing thereon the Seal of
the Town, and such certified copy shall remain on file in the office
of the Town Clerk of the Town, 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 Mayor and Town 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 Oakland" 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 inserted in the Code as amendments and supplements thereto.
The Clerk of Town of Oakland, 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 Town. Sufficient copies of the Code shall be maintained in the
office of the Town 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 Town Clerk, or someone
authorized and directed by the Town Clerk, to keep up-to-date the
certified copy of the book containing the Code required to be filed
in the Town Clerk'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 prepared as supplements to
said Code books, at which time such supplements shall be inserted
therein.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Town Clerk or an authorized agent
of the Town Clerk upon the payment of a fee to be set by resolution
of the Mayor and Town Council. The Town Clerk may also arrange for
procedures for the periodic supplementation of the Code.
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 Oakland 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.
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.
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 adopting ordinance, except as hereinafter
provided.
The adoption of this Code and repeal of ordinances provided for in § 1-12 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 10-9-2007.
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 provisions
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 agreement entered into or 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 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.
G.
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.
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 dedication of property or approval of preliminary
or final subdivision plats.
K.
Ordinances establishing the amount and manner of payment
of salaries or compensation of officers and employees, establishing
workdays and working hours of certain employees and providing for
holidays and vacations for employees and keeping of employment records.
L.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
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 Mayor and Town 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]
In accordance with § 1-14B, the chapters, parts and sections which 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 (added, deleted) 1-7-2008 by Ord. No. O2007-09.” Schedule A, which contains a complete description of all changes, is on file in the Town offices.
Pursuant to § 9A of Article 23A of
the Maryland Code, a copy of the Code of the Town of Oakland containing
the Charter shall be deposited with the Maryland Department of Legislative
Reference.
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During the process of codification, certain
revisions to the Charter were approved by the Mayor and Town Council.
The resolutions amending the Charter were adopted in accordance with
statutory requirements, separate from the Code Adoption Ordinance.
The resolution number and adoption date are included below and in
the text of the Charter. A complete enumeration of these resolutions
follows:
|
|
Res. No.
|
Adoption Date
|
Effect on Charter
|
|---|---|---|
|
R2007-11
|
12-3-2007
|
Amended § C5-104
|
|
R2007-12
|
12-3-2007
|
Amended § C6-103
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