Town of North Beach, MD Adoption of Code

The various chapters and articles of the 1982 Code of Ordinances of the Town of North Beach, and subsequent ordinances of the Town of North Beach of a general and permanent nature adopted by the Town Council of the Town of North Beach, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 108, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of North Beach," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

This ordinance and the Code shall supersede the 1982 Code of Ordinances of the Town of North Beach and all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-3 When effective; continuation of existing provisions.

All provisions of this ordinance and the Code shall be in full force and effect 20 days after the passage of this ordinance.

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.

§ 1-4 Copy of Code on file.

A copy of the Code in loose-leaf or post binder form has been filed in the office of the Town Manager 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 by impressing thereon the Seal of the Town of North Beach, and such certified copy shall remain on file in the office of the Town Manager of the town, to be made available to persons desiring to examine the same during all times while the Code is in effect.

§ 1-5 Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Town Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of North Beach" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf or post binder book containing said Code as amendments and supplements thereto.

§ 1-6 Publication and filing.

The Town Manager of Town of North Beach, pursuant to law, shall cause to be published, in the manner required, a notice of the passage of this ordinance in a newspaper of general circulation in the town. Sufficient copies of the Code shall be maintained in the office of the Town Manager for inspection by the public at all times during regular office hours. Publication of such notice, coupled with availability of copies 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.

§ 1-7 Code book to be kept up-to-date.

It shall be the duty of the Town Manager, or someone authorized and directed by the Town Manager, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Town Manager's office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code books, at which time such supplements shall be inserted therein.

§ 1-8 Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the Town Manager or an authorized agent of the Town Manager upon the payment of a fee to be set by resolution of the Town Council. The Town Manager may also arrange for procedures for the periodic supplementation of the Code.

§ 1-9 Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of North Beach to be misrepresented thereby. Any violation of this section shall be punishable as a misdemeanor, the penalty for which shall be a fine not to exceed $1,000 or imprisonment for a term not to exceed six months, or both such fine and imprisonment.

§ 1-10 Construction of Code.

Titles of sections. The titles of the several sections of the Code are intended as mere catchwords to indicate the contents of the sections and shall not be taken to be a part of such sections.

References to the laws of other jurisdictions. Whenever a provision of the Code refers to any portion of a state or county law, the reference includes any subsequent amendment to that law, unless the referring provision expressly provides otherwise.

§ 1-11 Severability.

Severability of Code provisions. 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 a 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.

Severability of ordinance provisions. 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.

§ 1-12 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 North Beach which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-13 Changes in previously adopted ordinances.

In compiling and preparing the ordinances for adoption and revision as part of the Code, certain grammatical changes and other minor 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 amended to read as such.

The following changes are made throughout the Code:

(1)

The terms "Clerk" and "Treasurer" are hereby changed throughout the Code to read "Clerk-Treasurer."

(2)

Chapter 108 is amended to change references to the "Town Police Department" to refer to the "Town."

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 § 1-13C, the chapters, parts and sections which were added, amended, adopted or deleted by this resolution 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) 6-1-2000 by Res. No. 05-00." Schedule A, which contains a complete description of all changes, is on file in the town offices.

§ 1-14 Deposit of copies with state agencies.

Pursuant to § 9A of Article 23A of the Maryland Code, a copy of the Code of the Town of North Beach containing the Charter shall be deposited with the Maryland Department of Legislative Reference.