Town of Federalsburg, MD Adoption of Code

[Adopted 3-17-2009 by Ord. No. 2009-05]

The Charter, ordinances and certain resolutions of the Town of Federalsburg of a general and permanent nature, adopted by the Mayor and Council of Federalsburg, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 245, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Federalsburg," hereinafter known and referred to as the "Code."

§ 1-12 Code supersedes prior ordinances.

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.

§ 1-13 Effective date.

All provisions of this ordinance of the Code shall be in full force and effect on and after March 2, 2009.

§ 1-14 Copy of Code on file.

A copy of the Code in loose-leaf or post binder form has been filed in the office of the Town 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 Town of Federalsburg by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of the Clerk of the Town, to be made available to persons desiring to examine the same during all times while the Code is in effect.

§ 1-15 Amendments to Code.

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 Federalsburg" 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 following ordinances, which were enacted after the Code was printed, are specifically included as an amendment to the Code:[1]

[1]

Editor's Note: A list of ordinances and resolutions adopted in the years 2005, 2006, 2007, 2008 and 2009 (through Ord. No. 2009-05) was included here. This list is on file in the Town offices.

§ 1-16 Publication and filing.

The Town Clerk of the Town of Federalsburg, 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 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.

§ 1-17 Code book to be kept up-to-date.

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 use by 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.

§ 1-18 Sale of Code book.

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 Mayor and Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-19 Altering or tampering with Code; penalties for violation.

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 Federalsburg to be misrepresented thereby. Any violation of this section shall be punishable as a misdemeanor, the penalty for which shall be a municipal infraction punishable as provided in Chapter 1, Article I, of the Code of the Town of Federalsburg.

§ 1-20 Severability of Code provisions.

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.

§ 1-21 Severability of ordinance provisions.

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.

§ 1-22 Repeal of ordinances.

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 which are inconsistent with the ordinances in the Code are hereby repealed to the extent of such inconsistency as of the effective date of this Adopting Ordinance.

§ 1-23 Ordinances saved from repeal.

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:

Any ordinance adopted subsequent to April 5, 2004.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

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.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

The levy or imposition of taxes, assessments or charges.

The dedication of property or approval of preliminary or final subdivision plats.

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.

§ 1-24 Changes in previously adopted ordinances.

In compiling and preparing the ordinances and certain resolutions 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 and certain resolutions so changed had been previously formally amended to read as such.

The following nomenclature changes are made throughout the Code:

(1)

Planning Commission to Planning and Zoning Commission.

(2)

City of Federalsburg to Town of Federalsburg.

(3)

Incorporated Municipality of Federalsburg to Town of Federalsburg.

(4)

Codes Enforcement Officer to Code Enforcement Officer.

(5)

Department of Health to Department of Health and Mental Hygiene.

In the following sections, the language has been revised or language has been added to provide that the violation of the chapter or article shall be a municipal infraction and punishment therefore shall be as provided in Chapter 1, Article I, of the Code of the Town of Federalsburg: §§ 9-3, 13-3, 32-4, 82-11A, 111-2, 114-4, 121-7, 132-11, 139-9, 151-2C (Section PM-106.2 of BOCA Code), 154-2, 167-11, 170-9B, 173-28, 186-10A, 189-6, 197-2, 197-7, 197-11, 197-13, 197-18, 204-4, 211-7A, 223-3, 231-6, 239-14, 245-143A.

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 and certain resolutions as they have been renumbered and appear in the Code.)[1]

[1]

Editor's Note: In accordance with § 1-24D, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced by the following history: "Amended (added, deleted) 3-17-2009 by Ord. No. 2009-5." Schedule A, which contains a complete description of all changes, is on file in the Town offices.