The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Belfast, Maine," and may be cited as the "Belfast Code."
In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City council or unless such construction would be inconsistent with the definition included within a specific chapter as outlined hereinafter:
- The term "City" means the City of Belfast, Maine, and shall extend to and include its several officers, agents and employees.
- CITY BOARDS, COMMITTEES, COMMISSIONS, OFFICERS, EMPLOYEES, DEPARTMENTS, ETC.
- Whenever reference is made to a board, committee, commission, officer, employee or department, etc., it shall mean the same as if it were followed by the words "of the City of Belfast, Maine."
- CITY COUNCIL
- The term "City council" means the City council of the City of Belfast.
- The term "Code" means the Code of Ordinances, City of Belfast, Maine.
- COMPUTATION OF TIME
- In computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
- The term "county" means the County of Waldo, Maine.
- DELEGATION OF AUTHORITY
- Whenever a provision appears requiring the head of a department or some other City officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.
- A word importing either the masculine or feminine gender shall extend and be applied to both the masculine and feminine genders, and to firms, partnerships and corporations.
- JOINT AUTHORITY
- Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
- KEEPER, PROPRIETOR
- The terms "keeper" and "proprietor" mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.
- The abbreviation "M.R.S.A." means the latest edition or supplement of the Maine Revised Statutes Annotated.
- The term "month" means a calendar month.
- MUNICIPAL OFFICERS
- The term "municipal officer" means the City council of Belfast, Maine.
- MUNICIPAL OFFICIAL
- The term "municipal official" means any elected or appointed member of the City.
- A word importing the singular may extend and be applied to the plural, and vice versa.
- The term "oath" shall include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."
- OR, AND
- The word "and" may be read "or," and "or" may be read "and," if the sense requires it.
- The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
- The term "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
- PERSONAL PROPERTY
- The term "personal property" includes every kind of property, tangible and intangible, except real property.
- The term "property" includes real, personal and mixed property.
- PUBLIC PROPERTY
- The term "public property" means property owned by the City and any place subject to the primary control of any public agency, including but not limited to any park, street, public way, cemetery, schoolyard or adjacent open space and any lake or stream.
- REAL PROPERTY
- The term "real property" includes lands, tenements and hereditaments.
- The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
- SIGNATURE, SUBSCRIPTION
- The term "signature" or "subscription" includes a mark when the person cannot write.
- The term "state" means the State of Maine.
- STREET, CITY WAY OR PUBLIC WAY
- The term "street" includes streets, highways, avenues, boulevards, roads, City ways, lanes, bridges, and all other public ways dedicated to public use and shall mean the entire width between abutting property lines. It shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the City council.
- TENANT, OCCUPANT
- The terms "tenant" and "occupant," applied to a building or land, include any person holding a written or oral lease of, or who occupies the whole or 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 term "week" means seven days.
- WRITTEN, IN WRITING
- The terms "written" and "in writing" include any representation of words, letters or figures, whether by printing or otherwise.
- The term "year" means a calendar year.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, or any part of the sections, 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, articles, divisions or sections are to the chapters, articles, divisions or sections of this Code, unless otherwise specified.
The history notes appearing in parentheses after sections of 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 are inserted as an aid and guide to the reader and are not controlling or meant to have any legal effect.
Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing, before the effective date of this Code. The revised Code is a repeal of all ordinances in conflict with it, but all ordinances enforced before its adoption continue in force until incorporated hereto by amendment.
The repeal of an ordinance or portion of this Code shall not revive any ordinance or portion of this Code in force before or at the time the provision repealed took effect. The repeal of an ordinance or a portion of this Code shall not affect any punishment or penalty incurred before the repeal took effect, or any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the provision repealed.
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:
Any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this Code.
Any ordinance or resolution 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, right, agreement, lease, deed or other instrument or obligation assumed by the City.
Any administrative ordinances of the City not in conflict or inconsistent with the provisions of this Code.
Any right or franchise granted by any ordinance.
Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, vacating, etc., any street or public way in the City.
Any appropriation ordinance.
Any ordinance levying or imposing taxes.
Any ordinance regarding traffic or motor vehicle parking or operation.
Any rezoning ordinance or amendment to the zoning map.
Any ordinance establishing and prescribing the street grades of any street in the City.
Any ordinance providing for local improvements and assessing taxes for such improvements.
Any ordinance dedicating or accepting any plat or subdivision in the City.
Any ordinance establishing or setting salaries of City officers and employees.
Any ordinance regarding salaries.
Any temporary or special ordinances.
All such ordinances are recognized as continuing in full force and effect to the same extent as if set out at length in this Code. The ordinances are on file in the City Clerk's office.
The provisions appearing in this Code, so far as they are in substance the same as the provisions of ordinances existing at the time of the effective date of this Code, shall be considered as continuations and not as new enactments.
Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the City 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.
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 this Code. When subsequent ordinances repeal any chapter, article, division, section or subsection or any portion of such material, such repealed portions may be excluded from the Code by omission from reprinted pages.
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 Code of Ordinances, City of Belfast, Maine, is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired.
If a new section not theretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, City of Belfast, 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.
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.
By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the City. A supplement to the Code shall include all substantive permanent and general parts of ordinances as passed by the City council or adopted by initiative and referendum during the period covered by the supplement and all changes made by the supplement 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 that 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 the adoption of the latest ordinance included in the supplement.
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by their omission from reprinted pages.
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:
Organize the ordinance material into appropriate subdivisions.
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in catchlines, headings and titles.
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.
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 __________ through __________." The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code.
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.
It is declared to be the intention of the City council that 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, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
Unless otherwise provided, whenever in this Code or in material adopted by reference by this Code any act is prohibited or made or declared to be unlawful, or whenever in this Code or in material adopted by reference by this Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided, the violation of such provision shall be punishable by a fine of not more than $100 plus costs, plus attorneys' fees. This penalty shall not be deemed to be exclusive of any other appropriate legal or equitable action, including but not limited to temporary, preliminary, or permanent injunctive relief. Each day any violation of this Code occurs or continues shall constitute a separate offense.