City of Bangor, ME General Provisions

Pursuant to 30-A M.R.S.A. § 3004, the ordinances of the City of Bangor of a general and permanent nature adopted by the City Council of the City of Bangor, as revised and codified and consisting of Chapters 1 through 302, are hereby approved, adopted, ordained and enacted as the Code of the City of Bangor, hereinafter referred to as the "Code." 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. This ordinance and the Code adopted hereby shall supersede and replace the 1998 City of Bangor Code of Ordinances, as amended and supplemented.

§ 1-2 Code on file; additions and amendments.

The Code is on file in the office of the City Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance and thereafter while the Code shall be in effect.

Additions or amendments to the Code, when adopted in such form as to indicate the intent of the City Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Bangor" shall be understood and intended to include such additions and amendments.

§ 1-3 Notice; publication.

In the event that notice of enactment of this ordinance is required by law, the City Clerk shall cause notice of the enactment of this ordinance to be given in the manner required by law. The notice of passage of this ordinance and the filing of the Code in the office of the City Clerk as provided in § 1-10 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-4 Severability.

Each section of this ordinance and of the Code is an independent 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. If any provision of this ordinance or the Code or the application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the Code and the application of such provision to other persons or circumstances shall not be affected thereby.

§ 1-5 Repealer.

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 City of Bangor which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. In accordance with 30-A M.R.S.A. § 3004, all ordinances in force before adoption of this Code continue in force for the sole purpose of preserving vested rights acquired under the former provisions.

The following portions of the 1998 Code of Ordinances have been excluded from the new Code and are specifically repealed:

(1)

Chapter 82, Building Code, Residential, adopted October 23, 2006, by Ord. No. 06-342, as amended November 22, 2010, by Ord. No. 11-011.

§ 1-6 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to February 27, 2023.

Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

Any ordinance 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.

Any ordinance 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 City's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance adopting or amending a Zoning Map.

§ 1-7 Changes in previously adopted ordinances.

In preparing the revision and codification of the ordinances, certain minor grammatical and nonsubstantive changes were made in one or more of said ordinances. It is the intention of the City 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 changes, amendments or revisions as set forth in Schedule A 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]

[1]

Editor's Note: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 6-12-2023 by Ord. No. 23-154." Schedule A, which contains a complete description of all changes, is on file in the City offices.

The following terminology is updated throughout the Code:

(1)

Gender-neutral language. The word "he" is amended to read "he/she" or "he or she"; the word "his" is amended to read "his/her" or "his or her"; and the word "him" is amended to read "him/her" or "him or her."

(2)

References to the Code Enforcement Office are amended to read "Code Enforcement Division."

(3)

In Chapter 28, City Departments, references to Article V, Section 2(a), of the City Charter are amended to read "Article VII, Section 2(a)."

(4)

In Chapter 120, Floodplain Management, the term "registered professional engineer" is amended to read "licensed professional engineer."

(5)

In Chapter 165, Land Development, the term "registered professional engineer" is amended to read "licensed professional engineer," and the term "registered land surveyor" is amended to read "professional land surveyor."

(6)

In Chapter 252, Sewers and Drainage, the term "Superintendent" is amended to read "Director."

§ 1-8 Titles and headings; editor's notes.

Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

§ 1-9 Altering or tampering with Code; violations and penalties.

It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the City of Bangor to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a fine of not more than $100.

§ 1-10 When effective.

This ordinance shall take effect upon adoption by the City Council of the City of Bangor.