[HISTORY: Adopted by the Mayor and Council
of the Town of Manchester as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-9-2009 by Ord. No. 195]
The ordinances of the Town of Manchester of a general and permanent nature, adopted by the Mayor and Council of the Town of Manchester, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 250, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Manchester," 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 the date of adoption of this ordinance.
A copy of the Code in loose-leaf or post binder form has been
filed in the office of the Director of Finance 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 Finance by impressing thereon
the Seal of the Town, and such certified copy shall remain on file
in the office of the Director of Finance, 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 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 Manchester" 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
or post binder book containing said Code as amendments and supplements
thereto.
The Director of Finance, 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 Finance 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 Finance, or someone
authorized and directed by the Director of Finance, to keep up-to-date
the certified copy of the book containing the Code required to be
filed in the Director of Finance'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, or any chapter or portion of it, may be
purchased from the Director of Finance or an authorized agent of the
Director of Finance upon the payment of a fee to be set by resolution
of the Mayor and Council. The Director of Finance shall 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 Manchester 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 February 11, 2009.
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 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]
Editor's Note: In accordance with § 1-14B, the chapters, parts and sections that 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) 6-9-2009 by Ord. No. 1295." 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 Manchester containing the Charter
shall be deposited with the Maryland Department of Legislative Services.
