The ordinances embraced in the following chapters and sections shall constitute and be designated as the "Code of Ordinances of the Town of Preston," and may be so cited. The Code may also be cited as "Preston Town Code."
[HISTORY: Adopted by the Commissioners of the Town of Preston as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 1, Art. II, of the 2001 Code]
In the construction of this Code and all ordinances, the following definitions and rules shall be observed, unless such definitions and rules would be inconsistent with the manifest intent of the Town of Preston:
A.
Charter. Shall mean the Charter of the Town of Preston.
B.
Commissioners. When used as "the Commissioners" or "this Commission" shall mean the Commissioners of the Town of Preston.
C.
County. When used as "the county" or "this county" shall refer to Caroline County, Maryland.
E.
Gender. When used as the masculine gender shall include the feminine and neuter genders.
F.
Joint authority. When prescribing the authority of any official group of three or more persons, shall, unless otherwise provided, be construed as giving this authority to a majority of the group.
G.
May. When used shall be construed as permissive.
H.
Municipality. May be used interchangeable with the word "Town."
I.
Numbers. When used in the singular shall include the plural, as the plural use will include the singular.
J.
Oath. Shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
K.
Owner. When applied to building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.
L.
Person. Shall include a corporation, company, partnership, association or society as well as a natural person.
M.
Property. Shall include real and personal property.
N.
Shall. When used shall be construed as mandatory.
O.
Sidewalk. Is any path or way, paved or unpaved, whether publicly or privately owned, intended for public use by pedestrians.
P.
State. When used as "the state" or "this state" shall mean the State of Maryland.
Q.
Street. Shall include any public ways, roads, highways, and avenues within the Town intended for use by vehicles.
R.
Tenant; occupant. When applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
S.
Time. When used in the past or present tense, includes the future as well as the past and present.
T.
Town. When used as "the Town" or "this Town" shall mean the Town of Preston.
U.
Year. Shall mean a calendar year except when referring to the fiscal year.
The catchlines or titles of the several sections of this Code are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be a legal part of such sections, nor as any other part of such sections, nor, unless expressly so provided, shall they be deemed when any of such sections, including the catchlines, are amended or reenacted.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.
[Adopted 5-5-2025 by Ord. No. 2025-O-2]
Pursuant to the authority contained in Section 402A(l 1) of the Charter of the Town of Preston, the ordinances of the Town of Preston of a general and permanent nature adopted by the Commissioners of the Town of Preston, as revised and codified and consisting of Chapters 1 through 210, are hereby approved, adopted, ordained and enacted as the Code of the Town of Preston, 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 2001 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 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 Preston" shall be understood and intended to include such additions and amendments.
The Clerk of the Town of Preston shall cause a fair summary of this ordinance to be posted or published where required by Town Charter or state law. The posting or publication of a fair summary of this ordinance coupled with the filing of the Code in the office of the Town Clerk as provided in § 1-6 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 Preston which is riot 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 § 1-9 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 September 5, 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; authorizing the issuance and delivery of any bond or other instruments or evidence of the Town's indebtedness; or providing for a trust agreement.
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 personnel policies and regulations and the Smoking Policy, Debt Management Policy, and other Town policies.
N.
Any ordinances adopting or amending the Zoning Map or otherwise rezoning property or adopting or amending the Comprehensive Plan or Sewer Capacity Plan.
O.
Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the Town or establishing or amending water and sewer rates and fees.
P.
Any ordinance or legislation of the Town of Preston dealing with the Town Financial Plan and Budget.
Q.
Any ordinance establishing or amending a Code of Ethics for Town officials.
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 governing body 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 terms "Council," "Mayor and Council" and "Mayor and/or Commissioners" are amended to "Commissioners" and the term "City" is amended to "Town."
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: In accordance with § 1-11C, 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 II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 5-5-2025 by Ord. No. 2025-O-2." Schedule A, which contains a complete description of all changes, is on file 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 Preston to be misrepresented thereby. Any violation of this section shall be punishable as a misdemeanor as provided in Section 1104(A) 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 Preston containing the Charter shall be deposited with the Maryland Department of Legislative Services.
This ordinance shall take effect at the expiration of 21 calendar days following adoption by the Commission as provided in Section 308(D) of the Town Charter.