[HISTORY: Adopted by the Town of Bethel as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-12-2024 ATM
by Art. 12]
Pursuant to 30-A M.R.S.A. § 3004, the ordinances of the Town of Bethel of a general and permanent nature adopted by the Town Meeting of the Town of Bethel, as revised and codified and consisting of Chapters 1 through 160, are hereby approved, adopted, ordained and enacted as the Code of the Town of Bethel, 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 2003 Code, 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 certified by the Town Clerk and such certified copy
shall remain on file in the office of the Town Clerk, to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Town Meeting 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 Bethel" shall be understood and intended to include
such additions and amendments.
The Clerk of the Town of Bethel shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage 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.
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in the Code adopted by this ordinance are hereby repealed; provided,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 Bethel which is not in conflict
with the provisions of the Code shall be deemed to remain in full
force and effect.
B.
The following
ordinances are excluded from the Code and specifically repealed: Chapter
62, Single-Use Bags and Containers, of the 2003 Code, adopted June
11, 2019.
The repeal of ordinances provided for in § 1-5 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 Bethel 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 Bethel 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 Bethel.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Bethel.
E.
Any ordinance
of the Town of Bethel 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 Bethel or any portion thereof.
F.
Any ordinance
of the Town of Bethel 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 Bethel 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 or obligation.
H.
The levy
or imposition of special assessments or charges.
I.
The annexation
or dedication of property or approval of preliminary or final subdivision
plats or site plans.
J.
Any ordinances
adopting or amending a zoning map or otherwise rezoning property.
K.
Any ordinances
relating to salaries or personnel policies.
L.
Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the Town.
M.
The General
Assistance Ordinance, and all amendments thereto.
N.
Any ordinances
adopted subsequent to June 14, 2023.
A.
In preparing
the revision and codification of the ordinances pursuant to 30-A M.R.S.A.
§ 3004, certain minor grammatical and nonsubstantive changes
were made in one or more of said ordinances. It is the intention of
the Town Meeting 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.
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.)
C.
Throughout
the Code:
(1)
The terms
"Board of Selectmen," "Selectmen," and "Selectboard" are amended to
read "Select Board."
(2)
The term
"Chairman" is amended to read "Chair."
(3)
The term
"Natural Resource Protection Act" is amended to read "Natural Resources
Protection Act."
(4)
References
to registered land surveyors and professional land surveyors are amended
to read "professional licensed land surveyor."
(5)
References
to registered professional engineers, professional engineers, and
engineers registered in the State of Maine are amended to read "licensed
professional engineer" or "professional engineer licensed in the State
of Maine," as applicable.
(6)
References
to the Maine Department of Human Services are amended to read "Maine
Department of Health and Human Services."
D.
In Chapter 46, Marijuana, Part 2, Medical Use, the terms "license" and "conditional license" are amended to read "registration certificate"; the term "licensee" is amended to read "registrant"; and the term "licensed" is amended to read "registered" when referring to a registration certificate issued by the State Department of Administrative and Financial Services.
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 Bethel
to be misrepresented thereby. Anyone violating this section shall
be subject, upon conviction, to a fine of $100.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.
