[HISTORY: Adopted by the Town of Islesboro as indicated in
article histories. Amendments noted where applicable.]
[Adopted 6-6-2012]
In accordance with 30-A M.R.S.A. § 3004, the ordinances of the Town of Islesboro, as codified by General Code, and consisting of Chapters 1 through 257, shall be known collectively as the "Code of the Town of Islesboro," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Town of Islesboro to any other ordinances appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such ordinances had been formally amended to so read.
The provisions of the Code, insofar as they are substantively
the same as those of the 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
ordinances. All such provisions are hereby continued in full force
and effect and are hereby reaffirmed as to their adoption by the Town
of Islesboro, and it is the intention of said Town that each such
provision contained within the Code is hereby reaffirmed as it appears
in said Code.
All ordinances or parts of ordinances inconsistent with the
provisions contained in the Code adopted by this ordinance are hereby
repealed; provided, however, that such repeal shall only be to the
extent of such inconsistency, and any valid legislation of the Town
of Islesboro which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect.
The repeal of ordinances provided for in § 1-3 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 Islesboro 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 Islesboro
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 Islesboro.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Islesboro.
E.
Any ordinance
of the Town of Islesboro 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 Islesboro or any portion thereof.
F.
Any ordinance
of the Town of Islesboro 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 Islesboro 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 ordinances
relating to salaries.
K.
The General
Assistance Ordinance and all amendments thereto.
L.
Personnel
policies of the Town.
M.
Any ordinances
adopted subsequent to July 20, 2011.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinances included in this Code
now or through supplementation shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section, article, chapter or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
A copy of the Code has been filed in the office of the Town
Clerk of the Town of Islesboro 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
by the Town Clerk of the Town of Islesboro 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 while said Code is in effect.
The enactment and publication of this ordinance, coupled with the
availability of a copy 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.
Any and all additions, deletions, amendments or supplements
to any of the ordinances known collectively as the "Code of the Town
of Islesboro" or any new ordinances, when enacted or adopted in such
form as to indicate the intention of the Town 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 inserted in said Code as amendments and supplements
thereto. Nothing contained in this ordinance shall affect the status
of any ordinances contained herein, and such ordinances may be amended,
deleted or changed from time to time as the Town deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the
certified copy of the Code of the Town of Islesboro 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 subsequent to
the enactment of this ordinance in such form as to indicate the intention
of said Town 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
included as supplements to said Code book.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Town Clerk or an authorized agent of the Clerk
upon the payment of a fee to be set by the Board of Selectmen. The
Clerk may also arrange for procedures for the periodic supplementation
of the Code.
Any person who changes or amends, by additions or deletions,
any part or portion of the Code of the Town of Islesboro or who alters
or tampers with such Code in any manner whatsoever which will cause
the ordinances of the Town of Islesboro to be misrepresented thereby
or who violates any other provision of this ordinance shall be guilty
of an offense and shall, upon conviction thereof, be punishable by
a fine of not more than $100.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Islesboro, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Town that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
The following
changes are made in the ordinances:
(1)
References
to "Chairman" and "Chairperson" are amended to "Chair."
(2)
References
to "municipal officers" are amended to "Board of Selectmen."
(3)
References
to the Department of Human Services are amended to the Department
of Health and Human Services.
(4)
References
to "Official Land Use Ordinance Map," "Official Land Use Map," "Official
Map" and "Official Districting Map" are amended to "Protection Districts
Map."
(5)
References
to "Code Enforcement Officer" are amended to "Codes Enforcement Officer."
(6)
References
to the Pollution Committee and Shellfish Committee are amended to
refer to the Pollution Control Committee and Shellfish Conservation
Committee, respectively.
(7)
References
to "Assessors" are amended to "Assessor."
(8)
References
to the Division of Motor Vehicles are amended to the Bureau of Motor
Vehicles.
C.
The amendments
and/or additions as set forth in Schedule A attached hereto and made
a part hereof 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.)[1]
[1]
Editor's Note: Schedule A is on file at the office of the
Town Clerk.
Every word in this Code imparting the masculine gender may extend
and be applied to females as well as males, and every word imparting
the singular number only may extend and be applied to several persons
or things as well as to one person or thing, provided that these rules
of construction shall not be applied to any provision which contains
any express language excluding such construction or when the subject
matter or context of such provision may be repugnant thereto.
This ordinance shall take effect upon adoption by the Town Meeting
of the Town of Islesboro.
