[HISTORY: Adopted by the Town of Salem as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 11-2-2015]
The ordinances of the Town of Salem of a general and permanent nature adopted by the Town Meeting and Board of Selectmen of the Town of Salem, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 490, inclusive, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Salem," hereinafter 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.
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.
A copy of the Code 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 Salem by impressing thereon the Seal of the Town, as provided by law, and such certified copy shall remain on file in the office of the Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Town Meeting or Board of Selectmen 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 Salem" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions or amendments to the Code shall be adopted, they shall thereafter be inserted in the Code as supplements thereto.
The Clerk of the Town of Salem, pursuant to law, shall cause to be published, in the manner required by law, notice of the adoption of this ordinance. A copy of the Code of the Town of Salem 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 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.
It shall be the duty of the Town Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of 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 included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the 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.
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 Salem to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine as established by the Board of Selectmen.
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 sections or parts thereof. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
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 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 Salem which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. The following chapters and articles of the 1995 Town Code are specifically repealed:
Chapter 60, Land Acquisition, adopted by the Board of Selectmen April 16, 1979.
Chapter 86, Police Department, Article I, Eligibility for Appointment, adopted by the Board of Selectmen April 7, 1960, and Article II, Outside Details, adopted by the Board of Selectmen April 21, 1980.
Chapter 142, Bicycles, adopted by the Board of Selectmen May 3, 1982.
Chapter 152, Open Burning, adopted by the Board of Selectmen October 12, 1970.
Chapter 165, Curfew, adopted by the 1928 Town Meeting.
Chapter 175, Electrical Standards, adopted by the 1971 Town Meeting.
Chapter 193, Floodplain Development, Administrative Regulations, adopted by the 1975 Town Meeting.
Chapter 238, Plumbing Standards, adopted by the 1972 Town Meeting.
Chapter 255, Sewage Treatment Plant, adopted by the Board of Selectmen April 5, 1971.
Chapter 258, Sewerage System Policy, adopted by the Board of Selectmen October 22, 1973.
Chapter 264, Sewers, adopted by the Board of Selectmen February 23, 1976.
Chapter 280, Sunday and Holiday Activities, adopted by the 1987 Town Meeting.
Chapter 282, Swimming Pools, adopted by the 1970 Town Meeting.
Chapter 287, Taxicabs and Other Vehicles for Hire, adopted by the Board of Selectmen May 7, 1973.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to October 1, 2015.
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 provision 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 grade, changing 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 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 annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinances adopting or amending a zoning map or otherwise rezoning property.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
Any ordinance or portion of an ordinance establishing or amending a fine or penalty.
Any ordinance or portion of an ordinance establishing or amending sewer or water rates or charges.
In compiling and preparing the ordinances for publication as the Code of the Town of Salem, 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 pieces of legislation. It is the intention of the Board of Selectmen that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
The following chapters and articles have been added or amended in their entirety and are hereby adopted as they appear in the copy of the Code on file in the Clerk's office: Chapter 210, Building Construction; Chapter 314, Life Safety; Chapter 398, Sewer Use, Article IV, Damaging or Tampering with System, and Article V, Enforcement Agency and Inspectors; Chapter 409, Solid Waste, Article I, Regulations for Transfer Station; Chapter 420, Streets and Sidewalks, Article I, Standards for Acceptance; and Chapter 477, Article III, Water Rate Policy.
The amendments and additions as set forth in Schedule A attached hereto and made a part hereof are hereby adopted. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-14C, the chapters, parts and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, repealed) 11-2-2015.” Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication as required by law.