Pursuant to the authority contained in Section 18(13) of the Town Charter, the ordinances of the Town of Cottage City of a general and permanent nature, adopted by the Cottage City Commission, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of the Charter, Code (Chapters
1 through
16), together with a Charter Appendix I (Urban Renewal Authority for Slum Clearance), are hereby approved, adopted, ordained and enacted as the "The Code of the Town of Cottage City (2019)," hereinafter known and referred to as the "Code of Ordinances" or "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 Town Manager of the Town of Cottage City 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 Town Manager of the Town of
Cottage City, and such certified copy shall remain on file in the
office of the Town Manager, 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 Cottage City Commission to make them a part thereof, shall be
deemed to be incorporated into such Code so that reference to the
"The Code of the Town of Cottage City (2019)" 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.
It shall be the duty of the Town Manager or someone authorized
and directed by the Town Manager 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 (and charter amendment resolutions) 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 Town Manager upon
the payment of a fee to be established by the Cottage City Commission,
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 Cottage City to be misrepresented thereby.
Any violation of this section shall be punishable as a municipal infraction
to the maximum fine amount permitted by the Town Charter.
Except as provided in §
16-12, 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 Cottage City which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in §
16-11 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 April 1, 2019.
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 relating to or establishing a pension plan or pension
fund for municipal employees.
M. Any ordinance or portion of an ordinance establishing or amending
a specific fee amount for any license, permit or service obtained
from the Town.
In compiling and preparing the ordinances for revision as part
of the Code, certain grammatical changes and other nonsubstantive
minor changes were made in one or more of said ordinances. In addition,
chapter and section number references to the ordinances may have been
renumbered for consistency. It is the intention of the Cottage City
Commission that all such changes be adopted as part of the Code as
if the ordinances so changed had been previously formally amended
to read as such.
Pursuant to § 4-109 of the Local Government Article
of the Annotated Code of Maryland, a copy of the Code of the Town
of Cottage City containing the Charter may be deposited with the Maryland
Department of Legislative Services. Said Town Charter shall be amended
or recodified solely according to the procedures found in Subtitle
3 of the Local Government Article of the Annotated Code of Maryland.