[HISTORY: Adopted by the Town Council of the Town of Barrington: Art. I, 2-7-1994 as Ord. No. 94-2. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 2-7-1994 as Ord. No. 94-2]
The Charter and ordinances and certain regulations of the Town of Barrington as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 200, together with an Appendix, shall be known collectively as the "Code of the Town of Barrington," hereafter termed the "Code." Wherever reference is made in any of the ordinances and regulations contained in the Code of the Town of Barrington to any other ordinance or regulation 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 or regulation had been formally amended to so read.
The adoption of the Code of the Town of Barrington shall have no affect on nor shall the adoption of this ordinance in any way affect the authority, powers, duties or responsibilities of the Planning Board by virtue of the inclusion in said Code of the regulations adopted by said Board, nor shall the regulations of the Planning Board be affected thereby, except as the regulations may have been amended by action of the Planning Board.
Sections providing for severability of provisions, repeal of conflicting legislation and effective dates, which are covered by provisions of Chapter 1, Article I, certain title sections which are not necessary in a codification having chapter and/or Article titles for the various ordinances and regulations included therein have been omitted from the Code.
The provisions of the Code, insofar as they are substantively the same as those of ordinances and regulations in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or regulation. 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 Barrington, and it is the intention of said Town Council that each such person contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
In compiling and preparing the ordinances and certain regulations of the town for publication as the Code of the Town of Barrington, no changes in the meaning or intent of such ordinances and regulations have been made.
All ordinances of a general and permanent nature heretofore adopted by the Town Council of the Town of Barrington and in force on the date of the adoption of this ordinance and not included in the Code of the Town of Barrington are hereby repealed as of the effective date of this ordinance, except as hereinafter provided.
The repeal of ordinances provided for in § 1-4 of this ordinance shall not affect the following classes of ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance or resolution adopted subsequent to October 12, 1993.
Any right or liability established, accrued or incurred under any legislative provision of the town prior to the effective date of this ordinance, or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the town, or any penalty, punishment or forfeiture which may result therefrom.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the town.
Any ordinance or resolution of the town 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, or any portion thereof.
Any ordinance or resolution of the town appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the town or other instruments or evidence of the town's indebtedness.
Ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any ordinance or resolution relating to salaries and employee benefits.
Any rules, regulations, standards or specifications referred to or authorized to be adopted by any ordinance or resolution included in the Code.
Any ordinance adopting or amending the Zoning Map of the town.
The Fire Department Rules and Regulations, adopted 10-13-1970, and any amendments thereto, being Chapter Three of Title One of the 1965 Code of the Town of Barrington.
The Police Department Rules and Regulations, adopted 2-23-1962, and any amendments thereto, being Chapter Two of Title One of the 1965 Code of the Town of Barrington.
A resolution adopted 8-23-1983 abolishing the position of line captain.
In compiling and preparing the ordinances of the town for publication as the Code of the Town of Barrington, no changes in the meaning or intent of such ordinances have been made, except as provided below.
In the following sections, specific fee amounts or fines have been deleted and reference made instead to the fees and fines as set from time to time by resolution of the Town Council:
Section 155-5C [original Section V of an ordinance adopted 2-3-1975 being Ch. III, Sec. 1 of Title Five of the 1965 Code pertaining to sewer use].
Section 155-15B [original Section 3, second unnumbered paragraph, of an ordinance adopted 10-9-1979 being Ch. III, Sec. 2, of Title Five of the 1965 Code pertaining to sewer assessments].
A copy of the Code of the Town of Barrington, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Barrington and shall remain there for the use of and examination by the public until final action is taken on this ordinance; and if this ordinance shall be adopted, such copies shall be certified to by the Town Clerk of the Town of Barrington, and such certified copies shall remain on file in the office of said Town Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
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.
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.
Any and all additions, deletions, amendments or supplements to any of the ordinances and regulations known collectively as the "Code of the Town of Barrington" or any new ordinances or regulations, 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 of the Town of Barrington shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the Town of Barrington be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance or regulation contained herein, and such ordinances or regulations may be amended, deleted or changed from time to time as the Town Council deems desirable.
It shall be the duty of the Town Clerk, or someone authorized and directed by the Town Clerk, to keep up-to-date the certified copies of the book containing the Code of the Town of Barrington required to be filed in the office of the Town Clerk for the use of the public. All changes in said Code and all ordinances and regulations adopted by the Town Council subsequent to the enactment of this ordinance, in such form as to indicate the intention of said Town Council to be a part of said Code, shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or ordinances or regulations until such changes or ordinances or regulations are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code book containing the Code of the Town of Barrington may be purchased from the Town Clerk upon the payment of a fee to be set by resolution of the Town Council, which may also arrange by resolution for procedures for the periodic supplementation thereof.
The Town Clerk of the Town of Barrington, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this ordinance in the official newspaper of the town. A copy of the Code of the Town of Barrington shall be maintained in the office of the Town Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy 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.
[Amended 10-2-2017 by Ord. No. 2017-15]
Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Barrington, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the town to be misrepresented thereby, or who violates any other provision of this ordinance shall, upon conviction thereof, be guilty of a violation, punishable by a fine of not more than $500.
If any clause, sentence, paragraph, section, Article or part of this ordinance, or of any ordinance or regulation included in the Code of the Town of Barrington, or of any ordinance or resolution incorporated into the Code hereafter, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, Article or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Whenever the context so requires, reference herein to the masculine gender shall include the female gender or the neuter gender, and the singular number shall include the plural.
This ordinance shall take effect upon its passage.