[Adopted 8-13-2002 as Ord. No. 2002-3]
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The Town of Bar Harbor hereby ordains:
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In accordance with 30-A M.R.S.A. § 3004, the ordinances of the Town of Bar Harbor, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 201, shall be known collectively as the "Town of Bar Harbor Code," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Town of Bar Harbor Code to any other ordinances 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 ordinances had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town of Bar Harbor, and it is the intention of said Town that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former pieces of ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All ordinances or parts of ordinances inconsistent
with the provisions contained in the Code adopted by this ordinance
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Town of Bar Harbor which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Bar Harbor prior to
the effective date of this ordinance or any action or proceeding brought
for the enforcement of such right or liability.
B.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the Town of Bar Harbor or any penalty, punishment or forfeiture which
may result therefrom.
C.
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 Bar Harbor.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Town of Bar Harbor.
E.
Any ordinance of the Town of Bar Harbor 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 Bar Harbor or any portion thereof.
F.
Any ordinance of the Town of Bar Harbor 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 Bar Harbor or other instruments or evidence of the Town's
indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any ordinances relating to salaries.
K.
Any previously adopted zoning ordinance or maps of
the Town of Bar Harbor, including but not limited to the Zoning Ordinance
of the Town of Bar Harbor adopted June 12, 1990, and any amendments
thereto.
L.
Personnel policies of the Town.
M.
Any ordinances adopted subsequent to September 12,
2002.
If any clause, sentence, paragraph, section,
article, chapter or part of this ordinance or of any ordinances included
in this Code now 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, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has
been filed in the office of the Town Clerk of the Town of Bar Harbor
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 by the Town Clerk of the
Town of Bar Harbor by impressing thereon the Seal of the Town, 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. 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 and all additions, deletions, amendments
or supplements to any of the ordinances known collectively as the
"Town of Bar Harbor Code" or any new ordinances or resolutions, when
enacted or adopted in such form as to indicate the intention of the
Town Council or Town Meeting to be a part thereof, shall be deemed
to be incorporated into such Code so that reference to the 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 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 ordinances
contained herein, and such ordinances may be amended, deleted or changed
from time to time as the Town deems desirable.
It shall be the duty of the Town Clerk to keep
up-to-date the certified copy of the book containing the Town of Bar
Harbor Code required to be filed in the office of the Town Clerk for
use by the public. All changes in said Code and all ordinances adopted
by the Town subsequent to the enactment of this ordinance in such
form as to indicate the intention of said Town 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 until
such changes or ordinances are printed as supplements to said Code
book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Town Clerk or an authorized agent
of the Clerk upon the payment of a fee to be set by the Town Council.
The Clerk may also arrange for procedures for the periodic supplementation
of the Code.
Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Town of Bar Harbor Code or who alters or tampers with such Code in any manner whatsoever which will cause the ordinances of the Town of Bar Harbor to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, § 1-18, General penalty.
In compiling and preparing the ordinances for
publication as the Town of Bar Harbor Code, no changes in the meaning
or intent of such ordinances have been made. Certain grammatical changes
and other minor nonsubstantive changes were made in one or more of
said pieces of ordinances. It is the intention of the Town that all
such changes be adopted as part of the Code as if the ordinances had
been previously formally amended to read as such.
This ordinance shall take effect at the expiration
of 30 days after adoption.
