[Adopted 11-17-2008 by Ord. No. 715-08]
The ordinances of the Town of Bel Air of a general and permanent nature adopted by the Board of Town Commissioners of Bel Air, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
450, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Bel Air," 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.
The provisions of the Code, insofar as they
are substantively the same as those of the ordinances in force immediately
prior to the enactment of the Code by this ordinance, are intended
as a continuation of such ordinances and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior ordinances.
A copy of the Code has been filed in the office
of the Director of Administration 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 Director of Administration of the Town of Bel Air by impressing
thereon the Seal of the Town, and such certified copy shall remain
on file in the office of the Director of Administration 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 Board of Town Commissioners 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 Bel Air" 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 Director of Administration of the Town of
Bel Air, 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 Director of Administration
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 Director of Administration,
or someone authorized and directed by the Director of Administration,
to keep up-to-date the certified copy of the Code required to be filed
in the Director'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 included as supplements to
said Code.
Copies of the Code may be purchased from the
Director of Administration upon the payment of a fee to be set by
resolution of the Board of Town Commissioners, 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 Bel Air to be misrepresented
thereby. Any violation of this section shall be punishable as a municipal
infraction.
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 sections or parts thereof. If any provision of this Code
or the application thereof to any person or circumstances is held
invalid, the remainder of this Code and the application of such provision
to other persons or circumstances shall not be affected thereby.
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 ordinance, except as hereinafter
provided.
The adoption of this Code and repeal of ordinances provided for in §
1-22 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 October 6, 2008.
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. Ordinances providing for local improvements or assessing
taxes or special assessments therefor.
K. The annexation or dedication of property or approval
of preliminary or final subdivision plats.
L. 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.
M. Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
N. All resolutions, including Charter resolutions.
O. The Town Development Regulations (Zoning, Subdivision
and Signs) and all amendments thereto and all ordinances adopting
or amending a zoning map or otherwise rezoning property.
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 Board of Town Commissioners 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. The following changes are made throughout the Code:
(1) References to the "Board of Commissioners" are amended
to read "Board of Town Commissioners."
(2) References to the "Department of Planning" and "Director
of Planning" are amended to read "Department of Planning and Community
Development" and "Director of Planning and Community Development,"
respectively.
(3) References to the "Superintendent of Public Works"
are amended to read "Director of Public Works."
C. The amendments and/or additions as set forth in Schedules
A and B, attached hereto and made a part hereof 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.)
All provisions of this ordinance and the Code
shall be in full force and effect on and after January 6, 2009.