[Adopted 4-22-2015 by Ord. No. 02-2015]
Pursuant to the authority contained in Section 382(13) of the Town Charter, the ordinances of the Town of Lonaconing of a general and permanent nature, adopted by the Mayor and Council of the Town of Lonaconing, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters
1 through
226, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Lonaconing," 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.
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 in loose-leaf form has been filed in the
office of the Clerk-Treasurer of the Town of Lonaconing 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-Treasurer of the Town
of Lonaconing by impressing thereon the Seal of the Town, and such
certified copy shall remain on file in the office of the Town Clerk-Treasurer,
to be made available to persons desiring to examine the same during
all times while said 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 Lonaconing" 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 printed and, as provided hereunder, inserted in the loose-leaf
book containing said Code as amendments and supplements thereto.
The Clerk-Treasurer of the Town of Lonaconing shall cause a
summary of this Adopting Ordinance to be published in the manner required
by Section 376 of the Town Charter. Sufficient copies of the Code
shall be maintained in the office of the Clerk-Treasurer 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-Treasurer or someone authorized
and directed by the Clerk-Treasurer to keep up-to-date the certified
copy of the book containing the Code required to be filed in his or
her 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 printed as supplements to said Code book, at
which time such supplements shall be inserted therein.
Copies of the Code may be purchased from the Clerk-Treasurer
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 Lonaconing to be misrepresented thereby. Any
violation of this section shall be punishable as a misdemeanor.
Except as provided in §
1-12, Ordinances saved from repeal, below, 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 Lonaconing which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. The following ordinances are specifically repealed:
Ordinance adopted 11-4-1895 relating to barbwire fences
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Ordinance adopted 10-1-1900 relating to nuisances
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Ordinance adopted 3-3-1902 relating to the hanging and opening
of gates
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Ordinance adopted 7-30-1902 relating to firecrackers and fireworks
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Ordinance adopted 3-7-1904 relating to posting of bills
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Ordinance adopted 3-8-1904 relating to the electric railway
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Ordinance adopted 4-3-1905 relating to fire plugs
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Ordinance adopted 7-1-1916 relating to vehicles for hire
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Ordinance adopted 9-5-1922 relating to drunkenness and disorderly
conduct
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Ordinance adopted 9-5-1922 (A-4) relating to loitering
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Ordinance adopted 9-5-1922 (A-5) relating to motor vehicle traffic,
amended 6-18-1956
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Ordinance adopted 2-5-1923 (A-6) relating to gambling
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Ordinance adopted 10-1-1923 (A-9) relating to placing blinds
on business places
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Ordinance adopted 11-3-1924 (A-16) relating to gasoline pumps
and stations
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Ordinance adopted 3-5-1928 (A-19) relating to dumping in Georges
Creek
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Ordinance adopted 3-5-1928 relating to the sale of milk and
cream
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Ordinance adopted 9-6-1929 (A-23) relating to licenses
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Ordinance adopted 9-6-1929 (A-24) relating to slaughterhouses
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Ordinance adopted 2-7-1938 (A-35) relating to operation of theaters
on Sunday
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Ordinance adopted 3-1-1949 relating to sewer connection charge
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Ordinance adopted 1-14-1950 establishing a curfew
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Ordinance adopted 11-14-1960 relating to dogs
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Ordinance adopted 1-3-1982 relating to speed-timing devices
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The adoption of this Code and the 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 February 2, 2015.
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 provision 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, agreement or obligation.
I. The levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J. The dedication of property or approval of preliminary or final subdivision
plats.
K. All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
L. Any ordinance adopting or amending a Zoning Map.
M. Any ordinance relating to or establishing a pension plan or pension
fund for municipal employees.
N. Any ordinance or portion of an ordinance establishing or amending
a specific fee amount for any license, permit or service obtained
from the Town.
Pursuant to § 4-109 of the Local Government Article
of the Annotated Code of Maryland, a copy of the Code of the Town
of Lonaconing containing the Charter shall be deposited with the Maryland
Department of Legislative Services.
All provisions of this ordinance and the Code shall be in full
force and effect at the expiration of 20 calendar days following approval
by the Council in accordance with Section 376 of the Charter.