The ordinances of the Town of Milton, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the Town Council of the Town of Milton, as revised, codified and consolidated into chapters and sections by General Code and consisting of Chapters
1 through
220, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Milton, hereinafter known and referred to as the "Code."
The provisions of the Code, insofar as they are substantively
the same as those of 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
ordinance. All such provisions are hereby continued in full force
and effect and are hereby reaffirmed as to their adoption by the Town
Council of the Town of Milton, and it is the intention of said Town
Council that each such provision contained within the Code is hereby
reaffirmed as it appears in the Code.
All ordinances of a general and permanent nature of the Town
of Milton in force on the date of the adoption of this ordinance and
not contained in such Code or recognized and continued in force by
reference therein are hereby repealed from and after the effective
date of this ordinance.
The repeal of ordinances provided for in §
1-21 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 Milton 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 Milton 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 Milton.
D. Any franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Milton or any municipal or intermunicipal
agreement.
E. Any ordinance of the Town of Milton 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 Milton or any portion thereof.
F. Any ordinance of the Town of Milton 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 Milton 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 legislation relating to salaries and compensation.
K. Any ordinance amending the Zoning Map.
L. Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
M. Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Town.
N. Any legislation adopted subsequent to December 3, 2008.
A copy of the Code, in loose-leaf form, has been filed in the
office of the Town Clerk of the Town of Milton 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 Town Clerk of the Town of Milton 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 when said Code is in
effect.
Any and all additions, deletions, amendments or supplements
to the Code or any new ordinances, when enacted or adopted in such
form as to indicate the intention of the Town Council 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.
It shall be the duty of the Town Clerk or such other authorized
person to keep up-to-date the certified copy of the book containing
the Code of the Town of Milton 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 Council subsequent to the enactment
of this ordinance in such form as to indicate the intention of said
Town Council 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.
The provisions of this ordinance are hereby made Article
III of Chapter
1 of the Code of the Town of Milton, and the sections shall be numbered §§
1-19 through
1-29, inclusive.
All provisions of the Code shall be in full force and effect
on and after the effective date of this ordinance, which shall take
effect immediately upon its final adoption.