[HISTORY: Adopted by the County Commissioners
of Kent County as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-6-1994 by Bill No. 6-94]
The Public Local Laws of Kent County of a general and permanent nature, adopted by the County Commissioners of Kent County, as revised, recodified and consolidated into chapters and sections and consisting of Chapters 1 through 222, are hereby approved, adopted, ordained and enacted as the "Kent County Code," hereinafter known and referred to as the "Code."
A.
This Act and the Code shall supersede all other general
and permanent laws enacted prior to the enactment of this Code, except
such acts as are hereinafter expressly saved from repeal or continued
in force.
B.
This Code is a recodification of the laws of the County
as contained in the 1989 Edition of the Kent County Code, as have
been amended from time to time and which have been enacted and published
in accordance with the authority granted in Local Government Article
§ 9-311, of the Annotated Code of Maryland.
[Amended 6-6-2017 by Bill
No. 1-2017]
All provisions of this bill of the Code shall
be in full force and effect on and after its passage.
[Amended 6-6-2017 by Bill
No. 1-2017]
A copy of the Code is filed in the office of
the County Commissioners and shall remain there for use and examination
by the public and shall remain and be made available to persons desiring
to examine the same during all times while the Code is in effect.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the County Commissioners to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Kent County Code" 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.
[Amended 6-6-2017 by Bill
No. 1-2017]
The County Clerk of Kent County, pursuant to
law, shall cause to be published, in the manner required, a notice
of the hearing on this Act in a newspaper of general circulation in
the County. Sufficient copies of the Code shall be maintained in the
County Commissioners' Office 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.
[Amended 6-6-2017 by Bill
No. 1-2017]
It shall be the duty of the County Clerk, or
someone authorized and directed by the County Clerk, to keep up-to-date
the certified copy of the book containing the Code required to be
filed in the Clerk of the Circuit Court's Office for the use of the
public. All changes in said Code and all bills 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 bills are
printed as supplements to said Code books, at which time such supplements
shall be inserted therein.
[Amended 6-6-2017 by Bill
No. 1-2017]
Copies of the Code book containing the Code
may be purchased from the County Clerk upon the payment of a fee to
be set by resolution of the County Commissioners, or purchased directly
from the publisher.
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 section or parts thereof.
All legislation or parts of legislation of a
general and permanent nature adopted and in force on the date of the
adoption of this Act and not contained in the Code are hereby repealed
as of the effective date of this adopting bill, except as hereinafter
provided.
The adoption of this Code and repeal of legislation provided for in § 1-10 of this Act shall not affect the following legislation, rights and obligations, which are hereby expressly saved from repeal:
A.
Any legislation adopted subsequent to March 1, 1994.
B.
Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this
Act or any action or proceeding brought for the enforcement of such
right or liability.
C.
Any offense or act committed or done before the effective
date of this Act in violation of any legislative provisions or any
penalty, punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this Act brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
Any legislation providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade,
changing of name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place or any
portion thereof.
G.
Any legislation or resolution appropriating money
or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond or other instruments
or evidence of the County's indebtedness.
H.
Legislation authorizing the purchase, sale, lease
or transfer of property or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
Legislation establishing the amount and manner of
payment of salaries or compensation of officers and employees, establishing
workdays and working hours of certain employees and providing for
holidays and vacations for employees and keeping of employment records.
L.
Legislation relating to subdivision of land or zoning.
M.
All resolutions.
A.
In compiling and preparing the legislation for adoption
and revision as part of the Code, certain grammatical changes and
other minor changes were made in one (1) or more of said Acts. It
is the intention of the County Commissioners that all such changes
be adopted as part of the Code as if the bills so changed had been
previously formally amended 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 Act. (Chapter and section number references are to the
Acts as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: Pursuant to § 1-12B, the following chapters, Articles and sections were added or amended: Ch. 1, Art. II, §§ 3-2, 3-3, 3-5, 3-11, 3-12, 3-13A and 3-14, Ch. 7, §§ 13-5A, 13-7B, 17-1, 21-2A, 21-2I, 21-3A, 21-5, 21-6, 29-5C, 33-2 and 42-2, Ch. 50, §§ 54-2, 54-6, 54-7, 64-1, 64-3B, 64-7F, 64-10C, 64-16, 68-1, 68-2, 68-4A(1), 68-5C, 68-15, 73-1, 73-13, 73-14, 73-15, 84-1, 84-5, 114-1, 114-2, 114-3, 116-5, 122-1, 122-3B(1), 122-16, 127-2, 127-7, 127-8, 127-9, 136-2, 148-2, 148-3B, 148-4B(1)(b), 148-4B(2), 148-4C, 148-4E, 148-7, 148-10G, 148-11B, 148-15, 152-2, 152-4, 152-8, 152-10, 152-15, 161-14, 161-18, 178-3B(2), 178-6A(6)(b), 178-33, 182-22B(10), 185-2F and 185-24A, Ch. 189, §§ 192-19A, 192-34A, 192-36A, 192-38I, 192-40B, 192-46A, 192-51C, 192-55B, 192-56A, 192-57B, 192-62, 199-3A, 199-5, 199-7, 199-10A, 199-10B, 199-10C(2), 210-3, 210-11H(1), 210-13B(4)(a)[2] and 215-1. In addition, the following original sections were deleted: Sections 1-6, 1-11, 1-14, 1-15, 1-16, 1-17, 3-1 and 3-2, Art. II of Ch. 3, Sections 1-26(b), 9-4, 2-10(d) through (i), 7-13(c), (d) and (e), 5-105(d) through (i), 5-63-h(3), (4) and (6), 9-13 through 9-16, 9-23, 6-8(b), 6-21(c), 5-15(a) and 6-3(a). A complete description of each change is on file in the office of the Executive Assistant.
C.
Throughout the Code the following terms were updated
as follows:
[Amended 6-6-2017 by Bill
No. 1-2017]
(1)
"County
Roads Engineer" and "County Roads Superintendent" to Division Chief
of Roads.
(2)
"Director
of Civil Defense" to "Emergency Management Director."
(3)
"Director
of Planning" to "Director of Planning, Housing, and Zoning Administration."
(4)
"Housing
Administrator" to "Building Code Administrator" (only in Parts I and
II of the Code).
(5)
"Executive
Assistant" to "County Clerk."
[Amended 6-6-2017 by Bill
No. 1-2017]
Pursuant to Local Government Article § 9-102
of the Maryland Code, a copy of the Kent County Code shall be deposited
with the Maryland Department of Legislative Services.
[Adopted 12-6-1994 by Bill No. 6-94]
As used in this Code, the masculine gender shall
include the feminine gender, and the feminine gender shall include
the masculine gender.
