[HISTORY: Adopted by the Mayor and Council of the Town of
Galena as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-3-1990 by Ord. No. 90-2 (Ch. I, Art. 2, of the
1990 Code of Ordinances)]
In the construction of this Code, the following rules shall
be observed unless such construction would be inconsistent with the
manifest intent of this Code:
A.
All
words and phrases shall be construed and understood according to the
common and approved usage of the language; but technical words and
phrases and such others as may have acquired a peculiar and appropriate
meaning in the law shall be construed and understood according to
such peculiar and appropriate meaning.
B.
The
singular always includes the plural, and vice versa, except where
such construction would be unreasonable.
C.
Unless
otherwise provided in a particular section, all words in this Code
importing one gender include and apply to the other gender as well.
As used in this Code, the following terms shall have the meanings
indicated:
The Charter of the Town of Galena.
The Code of Ordinances of the Town of Galena.
The Council of the Town of Galena.
Kent County, Maryland.
Includes all words giving a joint authority to three or more
persons or officers, and shall be construed as giving such authority
to a majority of such persons or officers.
Permissive.
The Mayor of the Town of Galena.
A calendar month.
Shall be construed to include an affirmation or declaration
in all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Applied to a building or land shall be construed to include
any part owner, joint owner, tenant-in-common, joint tenant or tenant
by the entirety, of the whole or a part of such building or land.
Includes a corporation, company, partnership, association
or society as well as a natural person.
Includes money, goods, chattels, things in action and evidences
of debt.
Includes real and personal property.
Includes lands, tenements and hereditaments.
Mandatory.
That portion of a street between the curbline and the adjacent
property intended for the use of pedestrians.
Shall be construed to include a mark when the person cannot
write, his name being written near it and witnessed by a person who
writes his own name as witness.
The State of Maryland.
Includes any public ways, roads, highways, avenues, alleys
and lanes within the Town.
As applied to a building or land, shall include any person
who legally occupies the whole or a part of such building or land,
whether alone or with others.
The Town of Galena, Maryland.
Includes printing.
Refers to the Town fiscal year.
Whenever a provision of this 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.
In computing any period of time prescribed or allowed by any
applicable provision of this Code, the day of the act, event, or default,
after which the designated period of time begins to run is not to
be included. The last day of the period so computed is to be included
unless it is a Saturday, Sunday or a legal holiday. When the period
of time allowed includes intermediate Saturdays, Sundays and legal
holidays, such days shall be counted in computing the period of time.
The repeal of an ordinance or code section shall not revive
any ordinance or code section in force before or at the time such
repeal took effect, nor shall such repeal affect any suit, prosecution
or proceeding pending at the time thereof.
Those provisions appearing in this Code, so far as they may
be the same in substance as ordinances which existed at the effective
date of said Code, shall be considered as continuations thereof and
not as new enactments.
It is hereby declared to be the intention of the Mayor and Council
that the sections, paragraphs, sentences, clauses, and words of this
Code are severable and if any word, clause, sentence, paragraph or
section of said Code shall be declared unconstitutional or otherwise
invalid by judgement or decree of any court of competent jurisdiction,
such unconstitutionality or invalidity shall not affect any of the
remaining words, clauses, sentences, paragraphs, and sections of this
Code, since the same would have been enacted by the Mayor and Council
without the incorporation into this Code of any such unconstitutional
or invalid word, clause, sentence, paragraph or section.
[Adopted 7-1-2013 by Ord.
No. 2013-02]
The various chapters and articles of the 1990 Code of Ordinances of the Town of Galena, and subsequent ordinances of the Town of Galena of a general and permanent nature adopted by the Mayor and Council of the Town of Galena, as revised, codified and consolidated into chapters and sections by General Code, LLC and consisting of Chapters 1 through 173, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Galena," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1990 Code of
Ordinances of the Town of Galena and all other general and permanent
ordinances enacted prior to the enactment of this Code which are inconsistent
with any provisions of the Code and not contained herein or recognized
and continued in force by reference therein, except such ordinances
as are hereinafter expressly saved from repeal or continued in force.
A.
All provisions
of this ordinance and the Code shall be in full force and effect 20
days after the passage of this ordinance.
B.
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.
A copy of the Code has been filed in the office of the Town
Clerk-Treasurer 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 Clerk-Treasurer by impressing thereon the Seal of the Town of
Galena, and such certified copy shall remain on file in the office
of the Town Clerk-Treasurer of the Town, to 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 Mayor and 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 Galena" 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 published as
amendments and supplements thereto.
The Town Clerk-Treasurer of Town of Galena, 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 Clerk-Treasurer 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.
It shall be the duty of the Town Clerk-Treasurer, or someone
authorized and directed by the Town Clerk-Treasurer, to keep up-to-date
the certified copy of the Code required to be filed in the Town Clerk-Treasurer’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, at which
time such supplements shall be included therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Town Clerk-Treasurer or an authorized agent of
the Town Clerk-Treasurer upon the payment of a fee to be set by resolution
of the Mayor and Council. The Town Clerk-Treasurer may also arrange
for procedures for the periodic supplementation of the Code.
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 Galena 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.
A.
Titles of
sections. The titles of the chapters, articles and sections set forth
in the Code are intended as mere catchwords to indicate the contents
of the chapters, articles and sections and shall not be taken to be
a part of such chapters, articles and sections.
B.
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.
A.
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.
B.
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.
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 Galena which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect.
A.
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
Mayor and 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.
B.
Nomenclature.
C.
In addition,
the changes, amendments or revisions enumerated 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: In accordance with § 1-20C, the chapters, parts and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 7-1-2013 by Ord. No. 2013-02." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
Pursuant to § 9A of Article 23A of the Maryland Code,
a copy of the Code of the Town of Galena containing the Charter shall
be deposited with the Maryland Department of Legislative Services.
