[HISTORY: Adopted by the Mayor and Council of the Town of
Chesapeake City as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-22-2023 by Ord. No. 2023-003]
Pursuant to the authority contained in Section 26-20(b)(11) of the Charter of the Town of Chesapeake City, the ordinances of the Town of Chesapeake City of a general and permanent nature adopted by the Mayor and Council of the Town of Chesapeake City, as revised and codified and consisting of Chapters 1 through 280, are hereby approved, adopted, ordained and enacted as the Code of the Town of Chesapeake City, 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 1976 Code of Ordinances, 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 maintained and available for public inspection in the
office of the Town Clerk.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the governing body 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 Chesapeake City" shall be understood and intended
to include such additions and amendments.
The Clerk of the Town of Chesapeake City shall cause a fair summary of this ordinance to be published, where required by state law, and posted in accordance with Section 26-12(c) of the Town Charter. The publication or posting of a fair summary 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.
If any provision of this Code or the application thereof to any person
or circumstances is held invalid, the remainder of this Code and the
application of such provision to other persons or circumstances shall
not be affected thereby.
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 Chesapeake City which is
not in conflict with the provisions of the Code shall be deemed to
remain in full force and effect.
B.
The following
sections and articles of the 1976 Code of Ordinances have been excluded
from the new Code and are specifically repealed: Section 1.11, Employee
Fringe Benefits; Article 2, Planning Commission; Article 3, Building
Regulations; Article 5, Fire Prevention; Article 7, Housing Code;
Article 8, Yards, Lawns, and Vacant Lots; Article 9, Regulating the
Use of House Trailers; and Article 21, Regulation of Taxicabs.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 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 January 9, 2023.
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 grade, changing 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
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 or obligation.
I.
The levy
or imposition of taxes, assessments or charges.
J.
The annexation
or 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 legislation
relating to or establishing a pension plan or pension fund for municipal
employees.
M.
Any ordinances
adopting or amending the Zoning Map or otherwise rezoning property.
N.
Any ordinance
or portion of an ordinance establishing or amending a specific fee
amount for any license, permit or service obtained from the Town.
A.
In preparing
the revision and codification of the ordinances, certain minor grammatical
and nonsubstantive changes were made in one or more of said ordinances.
It is the intention of the Mayor and Council 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.
Throughout
the Code, the term "Chairman" is amended to "Chairperson"; the term
"Councilman" is amended to "Councilmember"; and the term "Councilmen"
is amended to "Councilmembers."
C.
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, which contains a complete description
of all changes, is on file with Ord. No. 2023-003 in the Town offices.
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 Chesapeake
City to be misrepresented thereby. Any violation of this section shall
be punishable as a misdemeanor as provided in § 26-95 of
the Town Charter.
Pursuant to § 4-109 of the Local Government Article
of the Annotated Code of Maryland, a copy of the Code of the Town
of Chesapeake City containing the Charter shall be deposited with
the Maryland Department of Legislative Services.
