[HISTORY: Article I adopted by the Commissioners of the Town of Aberdeen (now Mayor and Council of the City of Aberdeen) as indicated in article history. Subsequent articles adopted by the Mayor and Council of the City of Aberdeen as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-25-1990 by Ord. No. 361-90 (Ch. 1, Art. III of the 1990 Code)]
And/or. "And/or" means "and" and may read "or/and" or may be read "and," if the sense requires it.
Definitions given within a chapter or article. Such definitions apply only to words or phrases used in such chapter or article, unless otherwise provided.
Gender. Words in any section importing the masculine gender shall include the feminine and neuter as well as the masculine.
May. The word "may" is permissive and discretionary.
Number. Words used in the singular include the plural, and the plural includes the singular.
Shall; must. The word "shall" or "must" is mandatory.
Tense. Words used in the past or present tense include the future, past and present where applicable, unless the context clearly indicates otherwise.
Time of performance or reference to span of time. Time of performance or any reference to span of time, when computed in days, is not intended to include Saturdays, Sundays or holidays of the state or nation. The words "calendar days" are used in those instances where the span of time is intended to include Saturdays, Sundays or holidays of the state or nation. Reference to a span of time is not intended to include the day the event occurs but shall include the last day of a period so computed, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the day which is neither a Saturday, Sunday or legal holiday.
Words and phrases not defined. Words and phrases not defined in this Code shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired peculiar and appropriate meanings in the law shall be construed and understood according to such meanings.
[Adopted 8-23-2010 by Ord. No. 10-O-12]
The ordinances of the City of Aberdeen of a general and permanent nature adopted by the Mayor and Council of the City of Aberdeen (formerly the Commissioners of the Town of Aberdeen), as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 524, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the City of Aberdeen, 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.
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.
A copy of the Code has been filed in the office of the City 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 City Clerk of the City of Aberdeen by impressing thereon the Seal of the City, and such certified copy shall remain on file in the office of the Clerk of the City, to be made available to persons desiring to examine the same during all times while the Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Mayor and Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Aberdeen" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be inserted in the Code as amendments and supplements thereto.
The Clerk of the City of Aberdeen shall cause to be published, in the manner required by the City Charter, a copy of this ordinance or a fair summary thereof. Sufficient copies of the Code shall be maintained in the office of the City Clerk for inspection by the public at all times during regular office hours. Publication of such ordinance or summary, coupled with availability of copies 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 City Clerk, or someone authorized and directed by the City Clerk, to keep up-to-date the certified copy of the Code required to be filed in the Clerk's office for the use of 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 included as supplements to said Code.
Copies of the Code may be purchased from the City Clerk upon the payment of a fee to be set by resolution of the Mayor and Council, which may also arrange, by resolution, 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 City of Aberdeen to be misrepresented thereby. Any violation of this section shall be punishable as a misdemeanor, the penalty for which shall be a fine not to exceed $1,000 or imprisonment for a term not to exceed six months, or both such fine and imprisonment.
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. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
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.
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 ordinance, except as hereinafter provided.
The adoption of this Code and 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 June 14, 2010.
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 provisions 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 of grade, changing of 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 City'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 City Subdivision Regulations and all amendments thereto.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances establishing the amount and manner of payment of salaries or compensation of officers and employees, establishing workdays and working hours of certain employees and providing for holidays and vacations for employees and keeping of employment records.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
The Zoning Map and all amendments thereto.
In compiling and preparing the ordinances for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Mayor and Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
The following changes are made throughout the Code:
References to the "Town" are amended to read "City."
References to the "Commissioners" (the governing body of the Town of Aberdeen) are amended to refer to the Mayor and Council.
References to the "Board of Parks and Recreation" are amended to read "Parks and Recreation Board."
References to the "Director of Administration" and "City Administrator" are amended to read "City Manager."
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: In accordance with § 1-15C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced by the following history: "Amended (added, deleted) 8-23-2010 by Ord. No. 10-O-12." Schedule A, which contains a complete description of all changes, is on file in the City offices.
All provisions of this ordinance and the Code shall be in full force and effect on and after 20 days following adoption.