[Adopted 12-15-2008 by Ord. No. 08-07]
In accordance with § 30 of the Charter of the City of Harrington, the ordinances of the City of Harrington, County of Kent, State of Delaware, of a general and permanent nature, adopted by the Mayor and Council of the City of Harrington, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of Chapters 1 through 440, are hereby approved, adopted, ordained and enacted as "The Code of the City of Harrington," hereinafter known and referred to as the "Code."
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, in loose-leaf form, has been filed 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, if this ordinance shall be adopted, such copy shall be certified to by the City Clerk, and such certified copy shall remain on file in the office of said City Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention 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 City of Harrington" 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 adopted, they shall thereafter be published and, as provided hereunder, included in the Code as amendments and supplements thereto.
It shall be the duty of the City Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk's office for use by 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 incorporated into the Code.
A. 
Supplements to this Code shall be prepared whenever authorized or directed by the Mayor and Council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the Mayor and Council and all changes made thereby in the Code.
B. 
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from Code provisions.
C. 
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into the unified Code.
(1) 
For example, the codifier may:
(a) 
Organize the ordinance material into appropriate subsections;
(b) 
Provide appropriate headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such headings and titles;
(c) 
Assign appropriate numbers to chapters and sections to be inserted in the Code and, where necessary to accommodate new material, change existing or other section numbers;
(d) 
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this section," etc., as the case may be, or to "§§ _______ to ___________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
(e) 
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code.
(2) 
In no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already in the Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Mayor and Council. The Clerk 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 City of Harrington to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $100.
A. 
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. 
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 of the City of Harrington of a general and permanent nature in force on the date of the adoption of this ordinance which are inconsistent with any provisions of the Code are hereby repealed from and after the effective date of this ordinance.
A. 
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:
(1) 
Any ordinance promising or guaranteeing the payment of money for the City, or any evidence of the City's indebtedness;
(2) 
Any appropriation ordinance providing for the levy of taxes or for any annual budget;
(3) 
Any order annexing territory to the City or excluding territory as a part of the City;
(4) 
Any ordinance granting any franchise, permit or other right;
(5) 
Any ordinance creating a special services district;
(6) 
Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument;
(7) 
Any ordinance adopting a preliminary or development plan;
(8) 
Any temporary or special ordinance;
(9) 
Any zoning amendment ordinance.
B. 
All ordinances pursuant to this section are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this section.
A. 
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect, unless expressly stated.
B. 
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.
A. 
In compiling and preparing the ordinances for publication as the Code of the City of Harrington, 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 pieces of legislation. It is the intention of the City Council 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) 
All ordinances incorporated into the Code have been made gender-neutral, which style will be continued as the Code is supplemented.
(2) 
All references to "Operations Manager" are changed to "City Manager and/or his/her designee."
(3) 
All references to the "Planning and Zoning Commission" are changed to "Planning Commission."
C. 
In addition, certain amendments and/or additions as set forth in the attached document 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 § 1-13C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by the following history: “Amended (added, deleted) 12-15-2008 by Ord. No. 08-07.” Schedule A, which contains a complete description of all changes, is on file in the City offices.
A. 
The catchlines of the sections in the chapters of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
B. 
The histories appearing in brackets after sections and subsections and the references and notes located throughout the Code are for the benefit of the user of the Code and shall have no legal effect.
This ordinance shall take effect upon passage and publication as required by law.