[HISTORY: Adopted by the Town of Casco as indicated in article
histories. Amendments noted where applicable.]
[Adopted by Town Meeting 6-14-2017 by Art. 27]
In accordance with 30-A M.R.S.A. § 3004, the ordinances of the Town of Casco, as codified by General Code, and consisting of Chapters 1 through 215, shall be known collectively as the "Code of the Town of Casco," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Town of Casco 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 Casco, 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.
A.
Inconsistent
ordinances repealed. 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are hereby repealed; provided, however, that such repeal shall only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 Casco which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
B.
Specific
ordinances repealed. The following ordinances and enactments have
been excluded from the Code and are specifically repealed:
(1)
Road
specifications adopted July 12, 1971, as amended.
(2)
Minimum
lot size requirements adopted July 12, 1971, as amended.
(3)
Building
Ordinance adopted March 10, 1973, as amended.
(4)
Public
Exhibits and Amusements Ordinance adopted March 11, 1978.
(5)
Landfill
Ordinance adopted March 13, 1982.
(6)
Traffic
Control Ordinance adopted March 10, 1984.
(7)
Timber
Harvest Cutting Ordinance adopted March 10, 1990.
(8)
Rescue
Ordinance adopted January 11, 1997.
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 Casco 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 Casco 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 Casco.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Casco.
E.
Any ordinance
of the Town of Casco 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 Casco or any portion thereof.
F.
Any ordinance
of the Town of Casco 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 Casco 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 taxes, special assessments or charges.
I.
The annexation
or dedication of property or approval of preliminary or final subdivision
plans.
J.
Any ordinances
relating to salaries and compensation for municipal employees.
K.
Personnel
policies of the Town.
L.
Any ordinance
adopting or amending a comprehensive plan.
M.
Any ordinance
adopting or amended a zoning map or otherwise rezoning property.
N.
Any ordinances
adopted subsequent to June 10, 2015.
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 Casco 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 Casco 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 Casco" 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 Casco 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 Selectboard. 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 Casco or who alters
or tampers with such Code in any manner whatsoever which will cause
the ordinances of the Town of Casco 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 Casco, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. 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 throughout the Code:
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 Casco.
