[HISTORY: Adopted by the Town Meeting of
the Town of Madison as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Adoption of Code by Board of Selectmen — See Ch. 503.
[Adopted 6-9-2008]
In accordance with 30-A M.R.S.A. § 3004, the ordinances of the Town of Madison, as codified by General Code, and consisting of Division 1, Code of Ordinances, Chapters 1 through 490, shall be known collectively as the "Code of the Town of Madison," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Town of Madison 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 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. All such provisions are hereby continued
in full force and effect and are hereby reaffirmed as to their adoption
by the Town of Madison, 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are hereby repealed; provided, however, that such repeal shall only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 Madison 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 Madison 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 or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the Town of Madison 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 Madison.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Town of Madison.
E.
Any ordinance of the Town of Madison 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 Madison or any portion thereof.
F.
Any ordinance of the Town of Madison 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 Madison 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.
The Charter of the Town and all amendments thereto.
M.
Any ordinances adopted subsequent to August 14, 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 part 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 Madison
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 Madison 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
"Code of the Town of Madison" or any new ordinances, when enacted
or adopted in such form as to indicate the intention of the Town 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 Code of the
Town of Madison 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 Board of Selectmen.
The Clerk may also arrange for procedures for the periodic supplementation
of the Code.
Any person who changes or amends, by additions
or deletions, any part or portion of the Code of the Town of Madison
or who alters or tampers with such Code in any manner whatsoever which
will cause the ordinances of the Town of Madison 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 $100.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Madison, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. 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.
Throughout the Code, References to the Maine Revised
Statutes Annotated (M.R.S.A.) are revised to reflect the numbering
of the statutes as of the publication of this Code as follows: (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)
|
CODE SECTION & SUBJECT
|
OLD CITATION
|
REVISED TO CURRENT CITATION
| |
|---|---|---|---|
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Chapter 7, Board of Appeals
| |||
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§ 7-3 (establishment)
|
30 M.R.S.A § 2411
|
30-A M.R.S.A § 2691
| |
|
§ 7-5A(6) (amusement permits)
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28 M.R.S.A.§ 702
|
28-A M.R.S.A.§ 1054
| |
|
§ 7-5A(10) (carrying concealed weapon)
|
25 M.R.S.A. § 2032
|
25 M.R.S.A. § 2003
| |
|
Chapter 26, Cemeteries, Town
| |||
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§ 26-6D (deposit and investment of funds for perpetual care)
|
Title 30, Section 5051, M.R.S.A.
|
30-A M.R.S.A. § 5706
| |
|
Chapter 49, Ethics, Code of
| |||
|
§ 49-3B(12) (ineligibility)
|
21 M.R.S.A. § 533, Persons Ineligible
to Serve as Election Officials, 21A and 504
|
21-A M.R.S.A. § 504, Persons ineligible
to serve [as election officials]
| |
|
Chapter 154, Automobile Graveyards and Junkyards
| |||
|
§ 154-2 (statutory authority)
|
30 M.R.S.A. § 2454, Subsection 5,
as amended in 1985
|
30-A M.R.S.A. § 3754-A
| |
|
§ 154-3 (definitions)
|
30 M.R.S.A. § 2451-B
|
30-A M.R.S.A. § 3752
| |
|
§ 154-4A (permit)
|
30 M.R.S.A. § 2451 et seq.
|
30-A M.R.S.A. § 3751 et seq.
| |
|
§ 154-7A (permit)
|
30 M.R.S.A. § 2451 et seq.
|
30-A M.R.S.A. § 3751 et seq.
| |
|
§ 154-8 (enforcement)
|
30 M.R.S.A. § 4966
|
30-A M.R.S.A. § 4452
| |
|
Chapter 200, General Assistance
| |||
|
§ 200-6A (records)
|
22 M.R.S.A. § 4303
|
22 M.R.S.A. § 4306
| |
|
§ 200-23B(6)
|
(22 M.R.S.A. Section 4316.5)
|
(22 M.R.S.A. § 4316-A, Subsection
5)
| |
|
§ 200-33B(7)(c)[2] (hospital free
care/charity care program)
|
22 M.R.S.A. Section 396-F(1)
|
22 M.R.S.A. § 1716
| |
|
§ 200-38B (fair hearing authority/board of appeals)
|
Title 30 M.R.S.A. Sec. 2691
|
30-A M.R.S.A. § 2691
| |
|
§ 200-42 (workers' compensation)
|
39 M.R.S.A. Section 106
|
39-A M.R.S.A. §§ 303 and 308
| |
|
Chapter 294, Radioactive Wastes
| |||
|
§ 294-2A (legislative authority)
|
Article VII-A of the Maine Constitution
|
Article VIII, Part 2, of the Maine Constitution
| |
|
Chapter 399, Vehicles and Traffic
| |||
|
§ 399-13 (handicap parking)
|
29 M.R.S.A. § 252
|
29-A M.R.S.A. § 521
| |
|
§ 399-26C (handicap parking)
|
29 M.R.S.A. § 252
|
29-A M.R.S.A. § 521
| |
|
Chapter 484, Site Review
| |||
|
§ 484-43 (enforcement)
|
30 M.R.S.A., Section 4966
|
30-A M.R.S.A. § 4756
| |
|
Chapter 490, Subdivision of Land
| |||
|
§ 490-1 (purpose)
|
30 M.R.S.A., Section 4956, Subsection 2A
|
30-A M.R.S.A. §§ 4401 through
4407
| |
|
§ 490-4 (applicant requirements)
|
30 M.R.S.A., Section 4956, Subsection 3 A-D
|
30-A M.R.S.A. §§ 4401 through
4407
| |
This ordinance shall take effect upon adoption
by the Town Meeting of the Town of Madison.
