[HISTORY: Adopted by the Town Council of
the Town of Barrington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-7-1994 by Ord. No. 94-2]
A.
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.
B.
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.
A.
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 Only such provisions of former ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
B.
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:
A.
Any ordinance or resolution adopted subsequent to
October 12, 1993.
B.
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.
C.
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.
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
of the Town.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town.
F.
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.
G.
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.
H.
Ordinances or resolutions authorizing the purchase,
sale, lease or transfer of property, or any lawful contract or obligation.
I.
The levy or imposition of special assessments or charges.
J.
The dedication of property.
K.
Any ordinance or resolution relating to salaries and
employee benefits.
L.
Any rules, regulations, standards or specifications
referred to or authorized to be adopted by any ordinance or resolution
included in the Code.
M.
Any ordinance adopting or amending the Zoning Map
of the Town.
N.
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.
O.
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.
P.
A resolution adopted 8-23-1983 abolishing the position
of line captain.
A.
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.
B.
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:
(4)
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].
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.
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.
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.
[Amended 6-7-2021 by Ord. No. 2021-10[1]]
The pronouns, nouns, and terms throughout the
Code of the Town of Barrington shall be amended to promote gender-neutral
pronouns, nouns, and terms. Whenever the context so requires, reference
herein to male or female pronouns, nouns, and terms shall use gender-neutral
style except in those instances in which a gender-specific pronoun,
noun, or term is applicable only to members of one sex or in instances
where an exemption is provided for in guidelines or standards. In
most cases, the singular number shall include the plural and the plural
shall include the singular.
[1]
Editor’s Note: Pursuant to this ordinance, the Code
has been updated to make the pronouns, nouns, and terms throughout
gender neutral. These changes were not included in the Charter as
the amendment procedures for the Charter are different.
This ordinance shall take effect upon its passage.
