In accordance with Article XVI, Section 9, of the Chatter of the Town of North Smithfield, the ordinances of the Town of North Smithfield, as codified by General Code, LLC, and consisting of the Home Rule Charter and Chapters 1 through 340, shall be known collectively as the "Code of the Town of North Smithfield," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Town of North Smithfield to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such ordinance had been formally amended to so read.
[Adopted 11-20-2023]
The provisions of this Code, insofar as they are substantively the same as those of the 1994 Code and ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such 1994 Code and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior provisions. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Council of the Town of North Smithfield, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in the Code, except as specifically modified, amended or repealed. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-6 below.
A.
All ordinances of a general and permanent nature of the Town of North Smithfield in force on the date of the adoption of this ordinance and not contained in the Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of North Smithfield which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
Repeal of specific ordinances. The Town Council of the Town of North Smithfield has determined that the following chapters/articles from the 1994 Code are no longer in effect and hereby specifically repeals the following:
C.
The repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect.
A.
Nonsubstantive changes. In compiling and preparing the ordinances of the Town for adoption and revision as part of the Code, certain nonsubstantive grammatical and style changes were made in one or more of said ordinances. It is the intention of the Town 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.
Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances included in the Code. These changes are enacted to bring provisions into conformity with the desired policies of the Town Council, and it is the intent of the Town Council that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such.
The repeal of ordinances provided for in § 1-6 of this ordinance shall 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 North Smithfield 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 North Smithfield 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 North Smithfield.
D.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of North Smithfield.
E.
Any ordinance of the Town of North Smithfield 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 North Smithfield or any portion thereof.
F.
Any ordinance of the Town of North Smithfield 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 North Smithfield 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, agreement or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any ordinance relating to salaries and compensation.
K.
Any ordinance amending the Zoning Map.
L.
Any ordinance relating to or establishing a pension plan or pension fund for Town employees.
M.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
N.
Any ordinance adopted subsequent to January 1, 2023.
A.
Each section 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.
B.
Each section of this ordinance is an independent section, and the holding of any section or 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.
Any and all additions, deletions, amendments or supplements to any of the ordinances known collectively as the "Code of the Town of North Smithfield" or any new ordinances, when enacted or adopted in such form as to indicate the intention of the Town Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be published as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance contained herein, and such ordinances may be amended, deleted or changed from time to time as the Town Council deems desirable.
A.
Chapter and article titles, headings and titles of sections and other divisions in the Code or in supplements made to 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.