[Adopted by the Town Council of the Town of Kittery 5-30-2018 by Ord. No. 04-18. Amendments noted where applicable.]
In accordance with 30-A M.R.S. § 3004, the ordinances of the Town of Kittery, as codified by General Code, and consisting of Titles 1 through 16, Chapters 1.1 through 16.11, are known collectively as the "Kittery Town Code," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Kittery Town Code to any other ordinances appearing in said Code, such reference is to be changed to the appropriate title number, chapter number, article number, or section number, appearing in the Code as if such ordinances had been formally amended to so read.
This Code is to be liberally construed so as to give it effect
consistent with the ordinary and reasonable meaning of its provisions
and with the provisions of any general or special laws then in effect
adopted by the State of Maine. No provision of this Code is to be
construed to limit the powers and duties of municipal officers, boards,
and committees, imposed upon them by applicable provisions of the
general or special laws of the State of Maine.
This Code is known as the "Kittery Town Code" and it is sufficient
to refer to said Code as the "Kittery Town Code" in any prosecution
for the violation of any provision thereof; or in any proceeding at
law or equity. It is sufficient to designate any ordinance adding
to, amending, correcting, or repealing, all or any part or portion
thereof as an addition to, amendment to, correction, or repeal, of
the "Kittery Town Code." References may be made to the titles, chapters,
sections, and subsections, of the "Kittery Town Code" and such references
apply to those titles, chapters, sections, or subsections, as they
appear in 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, and the effectiveness
of such provisions date from the effective dates 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 Kittery; 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.
The provisions of this Code do not in any manner affect matters
of record which refer to, or are otherwise connected with, ordinances
which are therein specifically designated by number or otherwise;
and which are included within the Code, but such reference is construed
to apply to the corresponding provisions contained within this Code.
References in Town forms, documents, and regulations, to the chapters
and sections of the former Town Code are to be construed to apply
to the corresponding provisions contained within this Code.
Title, chapter, and section headings contained herein do not
govern, limit, modify, or in any manner affect the scope, meaning,
or intent, of the provisions of any title, chapter, or section, hereof.
A.
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 is only to the extent of such
inconsistency, and any valid legislation of the Town of Kittery which
is not in conflict with the provisions of the Code remains in full
force and effect.
B.
When any ordinance repealing a former ordinance, clause, or provision
is itself repealed, such repeal may not be construed to revive such
former ordinance, clause, or provision, unless it is therein so expressly
provided.
The repeal of ordinances provided for in § 1.1.7 of
this ordinance does 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 Kittery 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 Kittery 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 Kittery.
D.
Any agreement entered into, or any franchise, license, right, easement,
or privilege, heretofore granted or conferred by the Town of Kittery.
E.
Any ordinance of the Town of Kittery 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 Kittery or any portion thereof.
F.
Any ordinance of the Town of Kittery 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 Kittery 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.
J.
Any ordinances relating to salaries.
K.
Personnel policies of the Town.
L.
Any ordinances adopted subsequent to December 31, 2016.
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, is adjudged by any court of competent
jurisdiction to be invalid, such judgment does not affect, impair
or invalidate the remainder thereof, but is confined in its operation
to the clause, sentence, paragraph, section, article, chapter, or
part thereof, directly involved in the controversy in which such judgment
was rendered.
Any and all additions, deletions, amendments, or supplements,
to any of the ordinances known collectively as the "Kittery Town Code,"
or any new ordinances, when enacted or adopted in such form as to
indicate the intention of the Town to be a part thereof, is incorporated
into such Code so that reference to the Code is understood and intended
to include such additions, deletions, amendments, or supplements.
Whenever such additions, deletions, amendments, or supplements, to
the Code are enacted or adopted, they must thereafter be printed and,
as provided hereunder, inserted in the loose-leaf book containing
said Code as amendments and supplements thereto. Nothing contained
in this ordinance affects 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.
A.
In compiling and preparing the ordinances for publication as the Kittery Town Code, 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 ordinances. 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:
(1)
Reference to the General Penalty in the Code (Title 1, Chapter 1.3.) has been added or amended in the following sections of the Code: §§ 5.1.3, 5.2.9, 5.3.9, 5.4.12, 5.5.33, 5.6.9, 5.8.10, 5.9.6, 8.3.11, 9.2.5A; 9.3.5; 12.1.8; 12.2.3; 12.3.5; 12.4.17; 12.5.3; 12.7.6; 12.8.3; 13.3.9; 16.8.19.4B.
(2)
References to "zoning ordinance" have been revised to refer
to "Title 16, Land Use and Development Code."
C.
The amendments and/or additions as set forth in Schedule A[1] 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]
Editor's Note: Schedule A is on file at the office of
the Town Clerk.
This ordinance takes effect upon adoption by the Town Council
of the Town of Kittery pursuant to the Kittery Town Charter, § 2.14,
Ordinances in general.
