[Adopted 12-9-1997 by Ord. No. 379]
The ordinances of The Mayor and Council, County of New Castle, State of Delaware, of a general and permanent nature, adopted by The Mayor and Council of New Castle, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 230, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the City of New Castle, 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 Mayor and Council of New Castle, 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 City Administrator of the City of
New Castle 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 Administrator
of the City of New Castle by impressing thereon the Seal of the City,
and such certified copy shall remain on file in the office of said
City Administrator 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 Mayor and
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 City Administrator
or such other authorized person to keep up-to-date the certified copy
of the book containing the Code of the City of New Castle required
to be filed in the office of the City Administrator for use by the
public. All changes in said Code and all ordinances adopted by the
Mayor and 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 other 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.
All ordinances of a general and permanent nature
of the City of New Castle 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 § 1-7 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 City of New Castle prior to
the effective date of this ordinance or any action on 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 City of New Castle 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 City of New Castle.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of New Castle.
E.
Any ordinance of the City of New Castle 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 City of New Castle or any portion thereof.
F.
Any ordinance of the City of New Castle appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the
City of New Castle 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 7-30-1996.
M.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
A.
In compiling and preparing the ordinance of the City
of New Castle for adoption and revision as part of the Code, certain
grammatical 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 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 ordinances 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 a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-9-1997 by Ord. No. 379." Schedule A, which contains a complete description of all changes, is on file in the city 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.
