[Adopted 2-6-1989 by Ord. No. 251]
The Charter, the ordinances and certain resolutions of the Town of Denton, of a general and permanent nature, adopted by the Town Council of the Town of Denton, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of the Charter and Chapters
1 through
128, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Denton," 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 March 28, 1989.
A copy of the Code in loose-leaf form 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 Clerk of the Town of Denton by impressing thereon the Seal
of the Town, and such certified copy shall remain on file in the office
of the Clerk of the Town, to be made available to persons desiring
to examine 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 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 Denton" 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 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 Denton, pursuant to
law, shall cause to be published, in the manner required, a copy of
this adopting ordinance in a newspaper of general circulation in the
Town. 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 adopting ordinance,
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 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 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 printed as supplements to said Code books, at
which time such supplements shall be inserted therein.
Copies of the Code book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by resolution of the Town Council, which may also arrange, by resolution,
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 Denton 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 $500 or imprisonment
for a term not to exceed 90 days, 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 January 11, 1988.
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 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. All ordinances pertaining to Zoning and Zoning Map
changes.
M. All ordinances pertaining to Subdivision of Land.
N. All ordinances pertaining to vehicles and traffic.
O. Ordinance No. 176, adopted 11-26-1979, relating to
floodplains.
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 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. (Chapter and section number references are
to the ordinances as they have been renumbered and appear in the Code.)
Pursuant to § 9A of Art. 23A of the
Annotated Code of Maryland, a copy of the Code of the Town of Denton
containing the Charter shall be deposited with the Maryland Department
of Legislative Reference.