[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-14-1994 by Ord. No. 94-01]
The ordinances of the City of Seat Pleasant of a general and permanent nature, adopted by the City Council of the City of Seat Pleasant, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through
154, are hereby approved, adopted, ordained and enacted as the "Code of the City of Seat Pleasant," 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 February 14, 1994.
A copy of the Code in loose-leaf or post binder form has been
filed in the office of the City 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 City of Seat Pleasant by impressing
thereon the Seal of the City, and such certified copy shall remain
on file in the office of the Clerk of the City, 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 City Council to make them a part thereof, shall be deemed to be
incorporated into such Code so that reference to the "Code of the
City of Seat Pleasant" 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 City Clerk of the City of Seat Pleasant, 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 City. 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. 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 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 City 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 City of Seat Pleasant 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.
A. 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.
B. 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 §
1-11 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 September 1, 1992.
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 City'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.
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 City 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 Maryland Code, a copy of the Code of the City of Seat Pleasant containing
the Charter shall be deposited with the Maryland Department of Legislative
Reference.
[Former Art. II, Ratification of Charter, adopted 2-14-1994
by Ord. No. 94-01, enacted nonsubstantive changes to the City's 1976
Charter. The 1976 Charter was repealed and a new Charter adopted 8-28-2007
by Res. No. 07-05. The new Charter, as amended, is included in the
front of this Volume.]