[HISTORY: Adopted by the Town Council of
Sanford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-5-2008]
In accordance with 30-A M.R.S.A. § 3004, the ordinances of the Town of Sanford, as codified by General Code, and consisting of Chapters 1 through 280, together with an Appendix, shall be known collectively as the "Code of the Town of Sanford," hereafter termed the "Code." Wherever Science is made in any of the ordinances contained in the Code of the Town of Sanford to any other ordinances appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such ordinances had been formally amended to so read.
The provisions of the Code, insofar as they
are substantively the same as those of the Town Code and ordinances
in force immediately prior to the enactment of the Code by this ordinance,
are intended as a continuation of such Code and ordinances and not
as new enactments, and the effectiveness of such provisions shall
date from the date of adoption of the prior Code and ordinances. All
such provisions are hereby continued in full force and effect and
are hereby reaffirmed as to their adoption by the Town of Sanford,
and it is the intention of said Town that each such provision contained
within the Code is hereby reaffirmed as it appears in said Code.
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are hereby repealed; provided, however, that such repeal shall only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 Sanford which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or, incurred
under any legislative provision of the Town of Sanford prior to the
effective date of this ordinance or any action or proceeding brought
for the enforcement of such right or liability.
B.
Any offense of act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the Town of Sanford or any penalty, punishment or forfeiture which
may result therefrom.
C.
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
of the Town of Sanford.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Town of Sanford.
E.
Any ordinance of the Town of Sanford 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 within the Town of Sanford or any portion thereof.
F.
Any ordinance of the Town of Sanford appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the
Town of Sanford or other instruments or evidence of the Town's indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any ordinances relating to salaries.
K.
Personnel policies of the Town.
L.
Any ordinances adopted subsequent to March 6, 2007.
If any clause, sentence, paragraph, section,
article, chapter or part of this ordinance or of any ordinances included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or pan thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has
been filed in the office of the Town Clerk of the Town of Sanford
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 by the Town Clerk of the
Town of Sanford by impressing thereon the Seal of the Town, 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. 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.
Any and all additions, deletions, amendments
or supplements to any of the ordinances known collectively as the
"Town of Sanford Code" or any new ordinances, when enacted or adopted
in such form as to indicate the intention of the Town Council or Town
Meeting to be a part thereof, shall be deemed to be incorporated into
such Code so that reference to the 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 enacted or adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the loose-leaf book containing said Code as
amendments and supplements thereto. Nothing contained in this ordinance
shall affect the status of any ordinances contained herein, and such
ordinances may be amended, deleted or changed from time to time as
the Town deems desirable.
It shall be the duty of the Town Clerk to keep
up-to-date the certified copy of the book containing the Town of Sanford
Code required to be filed in the office of the Town Clerk for use
by the public. All changes in said Code and all ordinances adopted
by the Town subsequent to the enactment of this ordinance in such
form as to indicate the intention of said Town to be a part of said
Code shall, when finally enacted or adopted, be included therein by
temporary attachment of copies of such changes or ordinances until
such changes or ordinances are printed as supplements to said Code
book, 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 Clerk upon the payment of a fee to be set by the Town Council.
The Clerk may also arrange for procedures for the periodic supplementation
of the Code.
Any person who, without authorization from the
Town Clerk, changes or amends, by additions or deletions, any part
or portion of the Town of Sanford Code or who alters or tampers with
such Code in any manner whatsoever which will cause the ordinances
of the Town of Sanford to be misrepresented thereby or who violates
any other provision of this ordinance shall be guilty of an offense
and shall, upon conviction thereof, be punishable by a fine of not
more than $500.
A.
In compiling and preparing the ordinances for publication as the Town of Sanford Code, no changes in the meaning or intent of such ordinances have been made, except as provided in Subsection B. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Town 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.
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: In accordance with § 1-11B, the chapters, parts, and sections that were added or amended by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating such amendments or additions will be replaced with the following history: "Amended (added) 2-5-2008." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect at the expiration
of 30 days after adoption.
