[HISTORY: Adopted by the Town of Boothbay Harbor: Art. I, 5-1-1995 as ATM Art. 63; Art. II, 2-10-1958 by STM Art. 2 as Art. 13 of the 1958 Ordinances, amended in its entirety at time of adoption of Code 5-1-1995 by ATM Art. 63 (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
[Adopted 5-1-1995 as ATM Art. 63]
Be it enacted by the Town Meeting of the Town of Boothbay Harbor, County of Lincoln, Maine, as follows:
In accordance with 30-A M.R.S.A. § 3004, the legislation of the Town of Boothbay Harbor, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 170, together with an Appendix, shall be known collectively as the "Code of the Town of Boothbay Harbor," hereafter termed the "Code." Wherever reference is made in any of the legislation contained in the "Code of the Town of Boothbay Harbor" to any other legislation 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 legislation had been formally amended to so read.
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. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Meeting of the Town of Boothbay Harbor, and it is the intention of said Town Meeting that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former pieces of legislation as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All ordinances of a general and permanent nature of the Town of Boothbay Harbor in force on the date of the adoption of this ordinance and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.
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:
Any right or liability established, accrued or incurred under any legislative provision of the Town of Boothbay Harbor 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 of the Town of Boothbay Harbor 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 of the Town of Boothbay Harbor.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Boothbay Harbor.
Any ordinance of the Town of Boothbay 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 Boothbay Harbor or any portion thereof.
Any ordinance of the Town of Boothbay 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 Boothbay Harbor 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 special assessments or charges.
The annexation or dedication of property.
Any legislation relating to salaries.
Any ordinance amending the Zoning Map.
The General Assistance Ordinance and any amendment thereto.
Personnel policies of the town.
Legislation relating to the Conservation Commission.
Any regulations adopted by various boards and commissions which are regulatory in nature but which do not affect this Code.
Any legislation adopted subsequent to May 2, 1994.
If any clause, sentence, paragraph, section, Article, chapter or part of this ordinance or of any legislation 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 Boothbay 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 Boothbay 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 legislation known collectively as the "Code of the Town of Boothbay Harbor" or any new ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the 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 legislation contained herein, and such legislation may be amended, deleted or changed from time to time as the Town Meeting deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Boothbay Harbor required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all legislation adopted by the Town Meeting subsequent to the enactment of this ordinance in such form as to indicate the intention of said Town Meeting 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 legislation until such changes or legislation 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 Town Clerk of the Town of Boothbay Harbor upon the payment of a fee to be set by the Board of Selectmen, and the Board of Selectmen may also arrange for procedures for the periodic supplementation thereof.
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 Boothbay Harbor or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Boothbay 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, § 1-15, Violations and penalties.
In compiling and preparing the legislation for publication as the Code of the Town of Boothbay Harbor, no changes in the meaning or intent of such legislation have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one (1) 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 legislation had been previously formally amended to read as such.
In addition, the following amendments and/or additions are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the legislation as it has been renumbered and appears in the Code.)
Editor's Note: Pursuant to § 1-11B, the following Articles or sections were added or amended: Art. II of Ch. 1, §§ 9-1, 20-1, 39-3B, 42-4, 44-4A, 49-1, 54-3, 67-5A, 67-9, 73-2, 73-6, 73-7, 73-9C, 73-11, 74-1, 74-10C, 74-12A, 76-1A, 76-6, 79-2, 79-3, 79-5, 79-9, 89-2, 94-3, 96-7K(2)(a), 96-11A, 96-11B, 99-4A, 124-1, 124-3, 128-11, 128-13, 130-1B, 130-2, 133-5C, 133-8, 136-8, 144-9, 146-3L, 146-5, 146-13, 151-1, 151-4, 155-4, 162-4A, 162-5, 162-8, 170-5A, 170-5B, 170-55A, 170-55D and 170-83B(1). The following sections were deleted: Section 4 of Article 3 of the 1958 Ordinances (Ch. 39), Section 4 of Article 2 of the 1958 Ordinances (Ch. 54) and Section 4B of Article 16 of the 1958 Ordinances (Ch. 67, Art. I). A complete description of each change is included in 5-1-1995 ATM Art. 63, which is on file in the town offices.
This ordinance shall take effect immediately.
[Adopted 2-10-1958 by STM Art. 2 as Art. 13 of the 1958 Ordinances; amended in its entirety 5-1-1995 by ATM Art 63]
Unless otherwise provided, any person, firm or corporation who or which shall violate any of the provisions of this Code shall be punished by a fine of not less than one hundred dollars ($100.) nor more than two thousand five hundred dollars ($2,500.). Each day that a violation continues shall be considered a separate offense.