[HISTORY: Adopted by the City Council of
the City of Bangor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-12-2023 by Ord. No. 23-154]
Pursuant to 30-A M.R.S.A. § 3004, the ordinances of the City of Bangor of a general and permanent nature adopted by the City Council of the City of Bangor, as revised and codified and consisting of Chapters 1 through 302, are hereby approved, adopted, ordained and enacted as the Code of the City of Bangor, 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 1998 City of Bangor Code of Ordinances, as amended and supplemented.
A.
The
Code is on file in the office of the City Clerk and shall remain there
for use and examination by the public until final action is taken
on this ordinance and thereafter while the Code shall be in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the City Council to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the City of Bangor" shall be understood and intended to include
such additions and amendments.
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.
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 shall only be to the extent of
such inconsistency, and any valid legislation of the City of Bangor
which is not in conflict with the provisions of the Code shall be
deemed to remain in full force and effect. In accordance with 30-A
M.R.S.A. § 3004, all ordinances in force before adoption
of this Code continue in force for the sole purpose of preserving
vested rights acquired under the former provisions.
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 February 27, 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 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.
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 City Council 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.
B.
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: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 6-12-2023 by Ord. No. 23-154." Schedule A, which contains a complete description of all changes, is on file in the City offices.
C.
The
following terminology is updated throughout the Code:
(1)
Gender-neutral language. The word "he" is amended to read "he/she"
or "he or she"; the word "his" is amended to read "his/her" or "his
or her"; and the word "him" is amended to read "him/her" or "him or
her."
(2)
References to the Code Enforcement Office are amended to read "Code
Enforcement Division."
(3)
In Chapter 28, City Departments, references to Article V, Section 2(a), of the City Charter are amended to read "Article VII, Section 2(a)."
(4)
In Chapter 120, Floodplain Management, the term "registered professional engineer" is amended to read "licensed professional engineer."
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 City of Bangor
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 upon adoption by the City Council
of the City of Bangor.
