[HISTORY: Adopted by the Town of Bethel as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-11-2003]
In accordance with 30-A M.R.S.A. § 3004, the ordinances of the Town of Bethel, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 150, shall be known collectively as the "Code of the Town of Bethel," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of the Town of Bethel to any other ordinances 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 ordinances had been formally amended to so read.
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. All such provisions
are hereby continued in full force and effect and are hereby reaffirmed as
to their adoption by the Town of Bethel, and it is the intention of said Town
that each such provision contained within the Code is hereby reaffirmed as
it appears in said Code.
A.
Inconsistent ordinances repealed. All ordinances or parts
of ordinances inconsistent with the provisions contained in the Code adopted
by this ordinance are hereby repealed; provided, however, that such repeal
shall only be to the extent of such inconsistency, and any valid legislation
of the Town of Bethel which is not in conflict with the provisions of the
Code shall be deemed to remain in full force and effect.
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:
A.
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Bethel 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 Bethel 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 Bethel.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the Town of
Bethel.
E.
Any ordinance of the Town of Bethel 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 Bethel or any portion thereof.
F.
Any ordinance of the Town of Bethel 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 Bethel 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 ordinances relating to salaries.
K.
Personnel policies of the Town.
L.
The General Assistance Ordinance and all amendments thereto.
M.
Any ordinances adopted subsequent to April 15, 2002.
If any clause, sentence, paragraph, section, article, chapter or part
of this ordinance or of any ordinances 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 Bethel 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 Bethel 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 ordinances known collectively as the "Code of the Town of Bethel" or any
new ordinances, when enacted or adopted in such form as to indicate the intention
of the Town 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
ordinances contained herein, and such ordinances may be amended, deleted or
changed from time to time as the Town 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 Bethel required to be
filed in the office of the Town Clerk for use by the public. All changes in
said Code and all ordinances adopted by the Town subsequent to the enactment
of this ordinance in such form as to indicate the intention of said Town 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.
Copies of the Code, or any chapter or portion of it, may be purchased
from the Town Clerk or an authorized agent of the Clerk upon the payment of
a fee to be set by the Board of Selectmen. The Clerk may also arrange for
procedures for the periodic supplementation of the Code.
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 Bethel or who alters or tampers with such Code in any manner whatsoever
which will cause the ordinances of the Town of Bethel 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 by a fine
of not more than $250.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Bethel, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Town that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
The following changes are made throughout the Code:
(1)
References to the Maine Revised Statutes Annotated (M.R.S.A.)
are revised to reflect the numbering of the statutes as of the publication
of this Code.
(2)
References to the "Wastewater Treatment (Sewer) Department,"
"Sewer Department," "Sewer Commission," "Sewer Commissioners," "Sewer Plant
Operator" and "Wastewater Department" are amended to read "Wastewater Treatment
Department."
C.
The amendments and/or additions as set forth in Schedule
A[1] 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.)
[1]
Editor's Note: Schedule A is on file at the office of the Town Clerk.
This ordinance shall take effect upon adoption by the Town Meeting of
the Town of Bethel.
