[HISTORY: Adopted by the Mayor and Town Council of the Town
of Brentwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-6-2014 by Ord.
No. 2014-04]
The Charter, the ordinances and certain resolutions of the Town of Brentwood, of a general and permanent nature, adopted by the Mayor and Council of the Town of Brentwood, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of the Charter and Chapters
1 through
320, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Brentwood," 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 June 21, 2014.
A copy of the Code in loose-leaf form, has been filed in the
office of the 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 Brentwood 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 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 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 Brentwood, Maryland" 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 published as amendments and supplements thereto.
The Clerk of the Town of Brentwood, pursuant to law, shall cause
to be published, in the manner required, a copy of this adopting 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. The enactment
and publication of this adopting ordinance, 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 published as supplements to said Code.
Copies of the Code book containing the Code may be purchased
from the Clerk upon the payment of a fee to be established by the
Mayor and 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 Town of Brentwood 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 $500 or imprisonment
for a term not to exceed 90 days, or both such fine and imprisonment.
A. 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.
B. 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.
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 June 6, 2013.
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 Town'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.
L. All ordinances pertaining to zoning or Zoning Map changes.
A. In compiling and preparing the ordinances for revision as part of
the Code, certain grammatical changes and other nonsubstantive minor
changes were made in one or more of said ordinances. In addition,
chapter and section number references to the ordinances may have been
renumbered for consistency. It is the intention of the Mayor and 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 changes, amendments or revisions as set forth in
Schedule A, attached 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.)
Pursuant to § 4-109 of the Local Government Article
of the Annotated Code of Maryland, a copy of the Code of the Town
of Brentwood containing the Charter shall be deposited with the Maryland
Department of Legislative Services.