[HISTORY: Adopted by the Town of Ogunquit as indicated in
article histories. Amendments noted where applicable.]
[Adopted 6-8-2021 ATM by Art.
9]
Pursuant to 30-A M.R.S.A. § 3004, the ordinances of the Town of Ogunquit of a general and permanent nature adopted by the Town Meeting and Select Board of the Town of Ogunquit, as revised and codified and consisting of Chapters 1 through 225, are hereby approved, adopted, ordained and enacted as the Code of the Town of Ogunquit, hereinafter referred to as the "Code." 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. This ordinance and the Code adopted hereby shall supersede and replace the 1980 Ogunquit Municipal Code, as amended and supplemented.
A.
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. Following adoption of this ordinance such
copy shall be certified by the Town Clerk and such certified copy
shall remain on file in the office of the Town Clerk, to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Town Meeting or Select Board 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 Ogunquit" shall be understood
and intended to include such additions and amendments.
The Clerk of the Town of Ogunquit shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance, coupled with the filing of the Code in the office of the Town Clerk as provided in § 1-2, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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.
A.
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 Ogunquit which is not in
conflict with the provisions of the Code shall be deemed to remain
in full force and effect.
The repeal of ordinances provided for in § 1-5 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 Ogunquit 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 Ogunquit
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 Ogunquit.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Ogunquit.
E.
Any ordinance
of the Town of Ogunquit 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 Ogunquit or any portion thereof.
F.
Any ordinance
of the Town of Ogunquit 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 Ogunquit 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 special assessments or charges.
I.
The annexation
or dedication of property or approval of preliminary or final subdivision
plats or site plans.
J.
Any ordinances
adopting or amending a zoning map or otherwise rezoning property.
K.
Any ordinances
relating to salaries or personnel policies.
L.
Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the Town.
M.
Any ordinances
adopted subsequent to November 5, 2019.
A.
In preparing
the revision and codification of the ordinances pursuant to 30-A M.R.S.A.
§ 3004, certain minor grammatical and nonsubstantive changes
were made in one or more of said ordinances. It is the intention of
the Town Meeting that all such changes be adopted as part of the Code
as if the ordinances so changed had been formally amended to read
as such.
B.
In addition,
the changes, amendments or revisions 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.
C.
General changes.
(1)
Throughout
the Code, the terms "Chairman" and "Chairperson" are amended to read
"Chair" and the terms "Board of Selectmen" and "Selectmen" are amended
to read "Select Board."
(2)
Throughout Chapter 25, Bicycles, Play Vehicles and Pedestrians, the term "wheeled goods" is amended to read "play vehicles."
(3)
Throughout Chapter 85, General Assistance, the term "Department of Human Services" is amended to read "Department of Health and Human Services."
(4)
Throughout Chapter 225, Zoning, the term "Maine Department of Human Services" is amended to read "Maine Department of Health and Human Services"; the term "Maine Department of Agriculture" is amended to read "Maine Department of Agriculture, Conservation and Forestry"; the term "registered land surveyor" is amended to read "professional land surveyor"; the terms "registered professional engineer," "registered engineer," and "professional engineer who is registered in the State of Maine" are amended to read "licensed professional engineer"; the term "subsurface sewage disposal system" is amended to read "subsurface wastewater disposal system"; the term "Road Commissioner" is amended to read "Director of Public Works."
A.
Chapter and
article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with
the Code in any manner which will cause the laws of the Town of Ogunquit
to be misrepresented thereby. Anyone violating this section shall
be subject, upon conviction, to a fine of not more than $100.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.
