Pursuant to Section
6.4 of the Town Charter, the ordinances of the Town of Derry of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 to
165, inclusive, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Derry," 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 and the Code shall be in full force and effect 30 days after the adoption of this ordinance, as provided in Section
6.2 of the Town Charter.
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 Clerk of the Town of Derry
by impressing thereon the Seal of the Town, as provided by law, and such certified
copy shall remain on file in the office of the Clerk, to be made available
to persons desiring to examine the same during all times while said Code is
in effect.
The repeal of ordinances provided for in §
1-2 of this ordinance shall not affect the following classes of ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinances adopted subsequent to March 12, 2002.
B. Any right or liability established, accrued or incurred
under any legislative provision of the Town of Derry 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
of Derry 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 of Derry.
E. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Derry.
F. Any ordinance or resolution of the Town of Derry 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 of Derry, or any portion thereof.
G. Any ordinance or resolution of the Town of Derry appropriating
money or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the Town of Derry
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 relating to salaries or employee health
or retirement benefits.
L. Any ordinance establishing sewer or water rates and charges.
If any clause, sentence, paragraph, section, article or part of this
ordinance or of any ordinances included in this Code initially or through
supplementation 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.
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 copy of the book containing
the Code of the Town of Derry required to be filed in the office of the Clerk
for the use of the public. All changes in said Code and all ordinances adopted
subsequent to the enactment of this ordinance in such form as to indicate
the intention to be a part of said Code shall, when finally enacted or adopted,
be included therein by temporary attachment of a copy of such changes or ordinances
until such changes or ordinances are printed as supplements to said Code books,
at which time such supplements shall be inserted therein.
Copies of the Code book containing the Code of the Town of Derry may
be purchased from the Clerk of the Town of Derry upon the payment of a fee
to be set by the Town Council. The Town Council may also arrange for procedures
for the periodic supplementation thereof.
The Clerk of the Town of Derry, pursuant to law, shall cause to be published,
in the manner required, notice of the introduction and adoption of this ordinance
in the official newspaper of the Town. A copy of the Code of the Town of Derry
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.
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 Derry or who alters or tampers with such Code in any manner whatsoever
which will cause the ordinances of the Town of Derry to be misrepresented
thereby or who violates any other provision of this ordinance shall, upon
conviction thereof, be subject to a fine of not more than $100.
The provisions of this ordinance are hereby made part of Chapter
1 of the Code of the Town of Derry, to be titled "General Provisions, Article
I, Adoption of Code."