[Adopted by the Mayor and Council of the Town of Elsmere as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-18-2003 by Ord. No. 420]
The ordinances of the Town of Elsmere, County of New Castle, State of Delaware, of a general and permanent nature, adopted by the Town Council of the Town of Elsmere, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 225, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Elsmere, hereinafter known and referred to as the "Code."
The provisions of the Code, insofar as they are substantively the same as those of 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 ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Council of the Town of Elsmere, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in the Code.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Manager of the Town of Elsmere 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 Manager of the Town of Elsmere by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Manager to be made available to persons desiring to examine the same during all times when said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code or any new ordinances, when enacted or adopted in such form as to indicate the intention of the Town Council 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.
It shall be the duty of the Town Manager or such other authorized person to keep up-to-date the certified copy of the book containing the Code of the Town of Elsmere required to be filed in the office of the Town Manager for use by the public. All changes in said Code and all ordinances adopted by the Town Council subsequent to the enactment of this ordinance in such form as to indicate the intention of said Council 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.
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 part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any section or part thereof.
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 of a general and permanent nature of the Town of Elsmere in force upon 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.
In particular, the former Code of the Town of Elsmere, adopted May 30, 1996, by Ordinance No. 326, is hereby repealed. The following chapters from the 1996 Code are specifically repealed:
Chapter 13, Court, Mayors, adopted 9-30-1981 by Ordinance No. 165, as amended.
Chapter 25, Fees, Remittance of, adopted 1-5-1996 by Ordinance No. 62.
Chapter 41, Playground Advisory Committee, adopted 9-9-1971 by Ordinance No. 107.
Chapter 91, Disorderly Conduct, adopted 1-5-1956 by Ordinance No. 60.
Chapter 139, Mechanical Standards, adopted 9-28-1983 by Ordinance No. 187.
Chapter 163, Plumbing Standards, adopted 9-28-1983 by Ordinance No. 186.
The repeal of ordinances provided for in § 1-7 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 Elsmere 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 Elsmere 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 Elsmere.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Elsmere or any municipal or intermunicipal agreement.
Any ordinance of the Town of Elsmere 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 place within the Town of Elsmere or any portion thereof.
Any ordinance of the Town of Elsmere appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of bonds of the Town of Elsmere 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.
Any legislation adopted subsequent to January 9, 2003.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
In compiling and preparing the ordinances of the Town of Elsmere for adoption and revision as part of the Code, certain grammatical and other changes were made in one or more of said ordinances. It is the intention of the Town Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally adopted to read as such.
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance as set forth in Schedule A attached hereto and made a part hereof (chapter and section number references are to the ordinance as they have been renumbered and appear in the Code).
Editor's Note: In accordance with § 1-9B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by the following history: "Amended (added, deleted) 9-18-2003 by Ord. No. 420." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
All provisions of the Code shall be in full force and effect on and after the effective date of this ordinance, which shall take effect immediately upon its final adoption.