[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.
A.
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.
B.
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.
A.
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.
B.
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:
(1)
Chapter 13, Court, Mayors, adopted 9-30-1981 by Ordinance
No. 165, as amended.
(2)
Chapter 25, Fees, Remittance of, adopted 1-5-1996
by Ordinance No. 62.
(3)
Chapter 41, Playground Advisory Committee, adopted
9-9-1971 by Ordinance No. 107.
(4)
Chapter 91, Disorderly Conduct, adopted 1-5-1956 by
Ordinance No. 60.
(6)
Chapter 139, Mechanical Standards, adopted 9-28-1983
by Ordinance No. 187.
(7)
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:
A.
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.
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 Elsmere 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 Elsmere.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Elsmere or any municipal
or intermunicipal agreement.
E.
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.
F.
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.
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 legislation relating to salaries.
K.
Any ordinance amending the Zoning Map.
L.
Any legislation adopted subsequent to January 9, 2003.
M.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
N.
All resolutions.
A.
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.
B.
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).[1]
[1]
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.
