[HISTORY: Adopted by the Town of Wells as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
The various chapters and articles of the 1985 Code of the Town of Wells, and subsequent ordinances of the Town of Wells of a general and permanent nature adopted by the Town Meeting and Board of Selectmen of the Town of Wells, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 212, together with certain regulations contained in Chapter 230, are hereby approved, adopted, ordained and enacted as the "Wells Municipal Code," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede the 1985 Code of the Town of Wells and 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.
The provisions of the Code, insofar as they are substantively the same as those of the legislation in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior legislation.
This ordinance shall take effect immediately upon passage and publication according to law.
A copy of the Code, in loose-leaf form, 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, and, if this ordinance shall be adopted, such copy shall be certified to by the Town Clerk, and such certified copy 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.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Town Meeting or Board of Selectmen to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Wells Municipal Code" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, 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 Wells, pursuant to law, shall cause to be published, in the manner required by law, a copy of this Adoption Ordinance. 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. 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.
It shall be the duty of the Town 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 use by 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 printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code may be purchased from the Clerk upon the payment of a fee to be set by the Board of Selectmen, following notice and a public hearing, and the Board of Selectmen may also arrange 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 Wells to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $100.
Severability of Code provisions. 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 sections or parts thereof.
Severability of ordinance provisions. 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.
Any person violating or failing to comply with any provision of this Code or committing any act or omission to act declared to be a civil violation or unlawful, where no specific penalty is provided therefor, shall be punished by a civil penalty of not more than $100. All civil penalties collected for violations of the Code shall be paid to the Town of Wells, unless the Code specifies otherwise.
In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty as provided in Subsection A above shall apply to the section as amended or, in case the amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.
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 Adoption Ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to August 1, 2000.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
Any ordinance 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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
In compiling and preparing the ordinances for publication as the Wells Municipal Code, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Meeting that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
The following changes are made throughout the Code:
References to the "Personnel Board" and the "Board of Personnel and Review" are amended to read "Personnel Advisory Board."
References to the "Board of Assessment Review" are amended to read "Assessment Review Board."
References to the "Street Commissioner" are amended to read "Road Commissioner."
References to the "Clam Conservation Commission" are amended to read "Shellfish Conservation Committee."
References to the "Board of Appeals" and "Board of Zoning Appeals" are amended to read "Zoning Board of Appeals."
References to "fine" are amended to read "civil penalty."
References to "misdemeanor" are amended to read "civil violation."
Each section which contains a specific fee is amended to delete the fee amount and replace it with the wording "as established by the Board of Selectmen, following notice and a public hearing." Each section which already refers to fees being established by the Board of Selectmen is amended to add the wording "following notice and a public hearing."
In addition, the amendments and/or additions 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.)
Editor's Note: Schedule A is included in the copy of this ordinance on file in the Town Clerk's office.