[Code 1975, § 1-1]
The ordinances embraced in the following sections and chapters
shall constitute and be designated the "Revised Code of Ordinances,
City of Biddeford, Maine," and may be so cited.
[Code 1975, § 1-2]
In the construction of this Code, and of all ordinances, the
rules and definitions set out in this section shall be observed, unless
such construction would be inconsistent with the manifest intent of
the City Council. The rules of construction and definitions set out
in this section shall not be applied to any section of this Code which
shall contain any express provision excluding such construction, or
where the subject matter of context of such section may be repugnant
thereto.
Generally. All general provisions, terms, phrases and expressions
contained in this Code shall be liberally construed in order that
the true intent and meaning of the City Council may be fully carried
out. In the interpretation and application of any provisions of this
Code, they shall be held to be the minimum requirements adopted for
the promotion of the public health, safety, comfort, convenience and
general welfare. Where any provision of the Code imposes greater restrictions
upon the subject matter than the general provision imposed by the
Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
The word "Charter" shall mean the Charter of the City of
Biddeford, Maine, printed as Part I of this volume.
The word "City" shall mean the City of Biddeford, Maine.
Whenever the words "Council" or "City Council" are used,
they shall be construed to mean the City Council of the City of Biddeford,
Maine.
The word "code" shall mean the Revised Code of Ordinances,
City of Biddeford, Maine, printed as Part II of this volume.
Whenever a notice is required to be given or an act to be
done a certain length of time before any proceeding shall be had,
the day on which such notice is given, or such act is done, shall
not be counted in computing the time, but the day on which such proceeding
is to be held shall be counted.
The term "corporate limits" or "City limits" shall mean the
legal boundaries of the City of Biddeford, Maine.
The word "county" shall mean the County of York in the State
of Maine.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
All words giving a joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
The word "Mayor" shall mean the Mayor of the City.
The word "month" shall mean a calendar month.
Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
Whenever reference is made to officials, boards and commissions
by title only, such references shall be deemed to refer to the officials,
boards and commissions of the City of Biddeford.
The word "person" shall extend and be applied to associations,
clubs, societies, firms, partnerships and bodies politic and corporate
as well as to individuals.
The term "personal property" includes every species of property
except real property, as defined in this section.
The words "preceding" and "following" mean next before and
next after, respectively.
The word "property" shall include real and personal property.
The term "real property" shall include lands, tenements and
hereditaments.
The word "shall" is mandatory.
The word "signature" or "subscription" includes a mark when
the person cannot write.
The words "the state" or "this state" shall be construed
to mean the State of Maine.
The word "street" shall be construed to embrace streets,
avenues, boulevards, roads, alleys, lanes, viaducts and all other
public ways in the City, and shall include all areas thereof embraced
between the property lines or dedicated to the public use.
The word "tenant" or "occupant," applied to a building or
land, shall include any person holding a written or oral lease or
who occupies the whole or a part of such building or land, either
alone or with others.
Words used in the past or present tense include the future
as well as the past and present.
The word "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
The word "year" shall mean a calendar year.
[Code 1975, § 1-3]
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted.
All references in this Code to chapters or sections are to the
chapters and sections of this Code unless otherwise specified.
The history notes appearing in parentheses after sections in
this Code are not intended to have any legal effect, but are merely
intended to indicate the source of matter contained in the section.
References and editor's notes following certain sections
of this Code are inserted as an aid and guide to the reader and are
not controlling or meant to have any legal effect.
[Code 1975, § 1-6]
(a)Â
When any ordinance repealing a former ordinance, clause or provision
shall be itself repealed, such repeal shall not be construed to revive
such former ordinance, clause or provision unless it shall be therein
so expressly provided.
(b)Â
The repeal of an ordinance shall not affect any punishment or penalty
incurred before the repeal took effect, nor any suit, prosecution
or proceeding pending at the time of the repeal, for an offense committed
or cause of action arising under the ordinance repealed.
Nothing in this Code or the ordinance adopting this Code shall
affect any of the following ordinances when not inconsistent with
this Code:
(1)Â
Any ordinance or order promising or guaranteeing the payment of money
for the City, or authorizing the issuance of any bonds of the City
or any evidence of the City's indebtedness, or any contract or
obligation assumed by the City;
(2)Â
Any ordinance or order granting any right or franchise;
(3)Â
Any ordinance or order dedicating, naming, establishing, locating,
relocating, opening, paving, widening, vacating, etc., any street
or public way in the City;
(4)Â
Any ordinance or order establishing or prescribing grades in the
City;
(5)Â
Any ordinance or order providing for local improvements and assessing
taxes therefor;
(6)Â
Any ordinance or order dedicating or accepting any plat or subdivision
in the City;
(7)Â
Any ordinance or order prescribing specific parking restrictions,
no parking zones, specific speed zones, parking meter zones and specific
stop or yield intersections or other traffic ordinances pertaining
to specific streets;
(8)Â
Any ordinance or order pertaining to mobile homes and mobile home
parks, zoning, land use, flood prevention and protection, site plans,
land subdivisions and rezoning;
(9)Â
Any ordinance or order levying a fee or establishing a rate or charge
which is not included in the Code and is on file in the City Clerk's
office;
(10)Â
Any other ordinance, or part thereof, which is not of a general and
permanent nature;
(11)Â
Any ordinance regarding the cable television system;
(12)Â
Any ordinance regarding general assistance or welfare;
(13)Â
Any ordinance regarding annexations or contracting the boundaries
of the City;
(14)Â
Any appropriation ordinance;
(15)Â
Any ordinance levying or imposing taxes;
|
and all such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out at length
in this Code. Such ordinances are on file in the City Clerk's
office.
|
[Code 1975, § 1-4]
(a)Â
Any and all additions and amendments to this Code, when passed in
such form as to indicate the intention of the City Council to make
the addition or amendment a part of this Code, shall be deemed to
be incorporated in this Code, so that reference to the Code shall
be understood and intended to include such additions and amendments.
(b)Â
All ordinances passed subsequent to this Code which amend, repeal
or in any way affect this Code may be numbered in accordance with
the numbering system of this Code and printed for inclusion in the
Code. When subsequent ordinances repeal any chapter, article, division,
section or subsection, or any portion thereof, such repealed portions
may be excluded from the Code by the omission thereof from reprinted
pages.
(c)Â
Amendments to any of the provisions of this Code may be made by amending
such provisions by specific reference to the section number of this
Code in substantially the following language: "That section _____
of the Revised Code of Ordinances, City of Biddeford, Maine, is hereby
amended to read as follows: . . . " The new provisions shall then
be set out in full as desired.
(d)Â
If a new section not then existing in the Code is to be added, the
following language may be used: "That the Revised Code of Ordinances,
City of Biddeford, Maine, is hereby amended by adding a section to
be numbered _____, which section reads as follows: . . . " The new
section may then be set out in full as desired.
(e)Â
All sections, divisions, articles, chapters or provisions desired
to be repealed must be specifically repealed by section, division,
article or chapter number, as the case may be.
(a)Â
By contract or by City personnel, supplements to this Code shall
be prepared and printed whenever authorized or directed by the City
Council. A supplement to the Code shall include all substantive permanent
and general parts of ordinances adopted during the period covered
by the supplement and all changes made thereby in the Code. The pages
of a supplement shall be so numbered that they will fit properly into
the Code and will, where necessary, replace pages which have become
obsolete or partially obsolete, and the new pages shall be so prepared
that, when they have been inserted, the Code will be current through
the date of adoption of the latest ordinance included in the supplement.
(b)Â
In preparing a supplement to this Code, all portions of the Code
which have been repealed shall be excluded from the Code by the omission
thereof from reprinted pages.
(c)Â
When preparing a supplement to this Code, the codifier (meaning the
person authorized to prepare the supplement) may make formal, nonsubstantive
changes in ordinances and parts of ordinances included in the supplement,
insofar as it is necessary to do so to embody them into a unified
code. For example, the codifier may:
(1)Â
Organize the ordinance material into appropriate subdivisions;
(2)Â
Provide appropriate catchlines, headings and titles for sections
and other subdivisions of the Code printed in the supplement, and
make changes in such catchlines, headings and titles;
(3)Â
Assign appropriate numbers to sections and other subdivisions to
be inserted in the Code and, where necessary to accommodate new material,
change existing section or other subdivision numbers;
(4)Â
Change the words "this ordinance" or words of the same meaning to
"this chapter," "this article," "this division," etc., as the case
may be, or to "sections _____ to _____" (inserting section numbers
to indicate the sections of the Code which embody the substantive
sections of the ordinance incorporated into the Code); and
(5)Â
Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance sections inserted into the Code; but in no case
shall the codifier make any change in the meaning or effect of ordinance
material included in the supplement or already embodied in the Code.
[Code 1975, § 1-5]
It shall be unlawful for any person in the City to change or
amend, by additions or deletions, any part or portion of this Code,
or to insert or delete pages, or portions thereof, or to alter or
tamper with such Code in any manner whatsoever which will cause the
law of the City to be misrepresented thereby.
[Code 1975, § 1-8]
Whenever in this Code or in any ordinance of the City any act
is prohibited or is made or declared to be unlawful or a misdemeanor,
or whenever in such Code or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful, where no
specific penalty is provided therefor, the violation of any such provision
of this Code or any ordinance shall be punished by a fine of not more
than $2,500. All fines shall be recovered on complaint to the use
of the City.
[Code 1975, § 1-7]
The sections, paragraphs, sentences, clauses and phrases of
this Code are severable, and if any phrase, clause, sentence, paragraph
or section of this Code shall be declared unconstitutional, invalid
or unenforceable by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality, invalidity or unenforceability
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code.
