[Adopted 4-2-2007 by Ord.
No. 2007-23 as Ch. 1 of the 2007 Code]
The ordinances embraced in the following chapters and sections
shall constitute and be designated the "Code of Ordinances, City of
Westbrook, Maine," and may be so cited.
The catch lines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catch lines, are amended or reenacted.
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 herein
or, in the case of repealed chapters, sections and subsections or
any part thereof, by subsequent ordinances, such repealed portions
may be excluded from the Code by omission from reprinted pages affected
thereby, and the subsequent ordinances as numbered and printed or
omitted, in the case of repeal, shall be prima facie evidence of such
subsequent ordinances until such time as this Code of Ordinances and
subsequent ordinances numbered or omitted are readopted as a new Code
of Ordinances by the City Council.
It shall be unlawful for any person in the City to change or
amend, by additions or deletions, any part or portions of this Code,
or to insert or delete pages, or portions thereof, or to alter or
tamper with such Code in any manner whatsoever which will cause the
law of the City to be misrepresented thereby.
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 by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality, invalidity or unenforceability
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code.
Whenever in this Code or in any ordinance of the City any act
is prohibited or is made or declared to be unlawful or a misdemeanor,
or whenever in such Code or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful or a misdemeanor,
where no specific penalty is provided therefor, the violation of any
such provision of this Code or any ordinance shall be punished by
a fine of not more than $250, plus costs. All fines shall be recovered
on complaint to the use of the City. Each day any violation of any
provisions of this Code or of any ordinance shall continue shall constitute
a separate offense.
[Adopted 12-21-2020 by Order No. 2020-153]
Pursuant to 30-A M.R.S.A. § 3004, the ordinances of the City of Westbrook of a general and permanent nature adopted by the City Council of the City of Westbrook, as revised and codified and consisting of Chapters
1 through
335, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the City of Westbrook, 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 2007 City of Westbrook Code of Ordinances, as amended and supplemented.
In the event that notice of enactment of this ordinance is required by law, the City Clerk shall cause notice of the enactment of this ordinance to be given in the manner required by law. The notice of passage of this ordinance and the filing of the Code in the office of the City Clerk as provided in §
1-10 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 is an independent
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.
If any provision of this ordinance or the Code or the application
thereof to any person or circumstances is held invalid, the remainder
of this ordinance and the Code and the application of such provision
to other persons or circumstances shall not be affected thereby.
The adoption of this Code and the repeal of ordinances provided for in §
1-13 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 August 3, 2020.
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 City'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 relating to or establishing a pension plan or pension
fund for municipal employees.
M. Any ordinance adopting or amending a Zoning Map or otherwise rezoning
property.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the City of Westbrook to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in §
1-8 of the Code.
This ordinance shall take effect upon adoption by the City Council
of the City of Westbrook.