[Adopted 1-5-2004 by Ord. No. 2004-1[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Adoption of Code, adopted 12-2-1985 by Ord. No. 144.
The Charter, the ordinances and certain resolutions of the Town of Mount Airy, of a general and permanent nature, adopted by the Council of the Town of Mount Airy, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of the Charter and Chapters 1 through 112, together with an Appendix, and which are in effect on November 15, 2003, are hereby approved, adopted, ordained and enacted as the “Code of the Town of Mount Airy,” hereinafter known and referred to as the “Code.”
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
All provisions of this ordinance of the Code
shall be in full force and effect on and after November 15, 2003.
A copy of the Code in loose-leaf form, serially
numbered No. 1, has been filed in the office of the Clerk and shall
remain there for use and examination by the public until final action
is taken on this ordinance, and, if this ordinance shall be adopted,
such copy shall be certified to by the Clerk of the Town of Mount
Airy by impressing thereon the Seal of the Town, and such certified
copy shall remain on file in the office of the Clerk of the Town,
to be made available to persons desiring to examine same during all
times while the Code is in effect.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the Council 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 Mount Airy, Maryland” shall be understood and
intended to include such additions and amendments. Whenever such additions,
amendments or supplements to the Code shall be adopted, they shall
thereafter be printed and, as provided hereunder, inserted in the
loose-leaf book containing said Code as amendments and supplements
thereto.
The Clerk of the Town of Mount Airy, pursuant
to law, shall cause to be published, in the manner required, a copy
of this adopting ordinance in a newspaper of general circulation in
the Town. Sufficient copies of the Code shall be maintained in the
office of the Clerk for inspection by the public at all times during
regular office hours. Further, the Code shall be made available on-line
at www.generalcode.com. The enactment and publication of this adopting
ordinance, coupled with availability of copies of the Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk, or someone
authorized and directed by the Clerk, to keep up-to-date the certified
copy of the book containing the Code required to be filed in the Clerk's
office for the use of the public. All changes in said Code and all
ordinances adopted subsequent to the effective date of this codification,
which shall be adopted specifically as part of the Code, shall, when
finally adopted, be included therein by reference until such changes
or new ordinances are included as supplements to said Code books by
either electronic updates to the on-line code or printed supplements
to the hardcopy version to be incorporated therein upon printing and
issuance.
Copies of the Code book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by resolution of the Council, which may also arrange, by resolution,
for procedures for the periodic supplementation thereof.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the Town of Mount Airy to be misrepresented
thereby. Any violation of this section shall be punishable as a misdemeanor,
the penalty for which shall be a fine not to exceed $500 or imprisonment
for a term not to exceed 90 days, or both such fine and imprisonment.
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 section or parts thereof.
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.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this adopting ordinance, except as hereinafter
provided.
The adoption of this Code and repeal of ordinances provided for in §§ 1-12 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 November 15, 2003.
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 provisions
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, high way, 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 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 dedication of property or approval of preliminary
or final subdivision plats.
K.
Ordinances establishing the amount and manner of payment
of salaries or compensation of officers and employees, establishing
workdays and working hours of certain employees and providing for
holidays and vacations for employees and keeping of employment records.
L.
All legislation pertaining to vehicles and traffic
and all amendments thereto.
M.
All ordinances pertaining to zoning or Zoning Map
changes.
In compiling and preparing the ordinances for
revision as part of the Code, certain grammatical changes and other
nonsubstantive minor changes were made in one or more of said ordinances.
In addition, chapter and section number references to the ordinances
may have been renumbered for consistency. It is the intention of the
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.
Pursuant to § 9A of Art. 23A of the
Annotated Code of Maryland, a copy of the Code of the Town of Mount
Airy containing the Charter shall be deposited with the Maryland Department
of Legislative Reference.
Upon the affirmative vote of four members of the Council, the provisions of § C2-13B of the Charter are suspended and this measure is declared to be an emergency measure effective upon approval of the Mayor or passage over his veto.
