[Adopted 11-17-2008 by Ord. No. 715-08]
The ordinances of the Town of Bel Air of a general and permanent nature adopted by the Board of Town Commissioners of Bel Air, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 450, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Bel Air," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede 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.
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, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances.
A copy of the Code has been filed in the office of the Director of Administration 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 Director of Administration of the Town of Bel Air by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of the Director of Administration 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 Board of Town Commissioners 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 Bel Air" 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 inserted in the Code as amendments and supplements thereto.
The Director of Administration of the Town of Bel Air, 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 Director of Administration 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 Director of Administration, or someone authorized and directed by the Director of Administration, to keep up-to-date the certified copy of the Code required to be filed in the Director'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 included as supplements to said Code.
Copies of the Code may be purchased from the Director of Administration upon the payment of a fee to be set by resolution of the Board of Town Commissioners, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.
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 Bel Air to be misrepresented thereby. Any violation of this section shall be punishable as a municipal infraction.
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. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
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 a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this ordinance, except as hereinafter provided.
The adoption of this Code and repeal of ordinances provided for in § 1-22 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any ordinance adopted subsequent to October 6, 2008.
B. 
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.
C. 
Any offense or act committed or done before the effective date of this ordinance 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 ordinance brought pursuant to any legislative provision.
E. 
Any franchise, license, right, easement or privilege heretofore granted or conferred.
F. 
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.
G. 
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 Town's indebtedness.
H. 
Ordinances 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. 
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
K. 
The annexation or dedication of property or approval of preliminary or final subdivision plats.
L. 
Ordinances 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.
M. 
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
N. 
All resolutions, including Charter resolutions.
O. 
The Town Development Regulations (Zoning, Subdivision and Signs) and all amendments thereto and all ordinances adopting or amending a zoning map or otherwise rezoning property.
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 Board of Town Commissioners 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. 
The following changes are made throughout the Code:
(1) 
References to the "Board of Commissioners" are amended to read "Board of Town Commissioners."
(2) 
References to the "Department of Planning" and "Director of Planning" are amended to read "Department of Planning and Community Development" and "Director of Planning and Community Development," respectively.
(3) 
References to the "Superintendent of Public Works" are amended to read "Director of Public Works."
C. 
The amendments and/or additions as set forth in Schedules A and B,[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 § 1-24C, the chapters, parts and sections which were added, amended, adopted or deleted by Schedule A of this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article III. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 11-17-2008 by Ord. No. 715-08." The chapters, parts and sections which were added, amended, adopted or deleted by Schedule B of this ordinance are indicated throughout the Code with the following history: "Amended (added, deleted) 11-17-2008 by Ord. No. 715-08." Schedules A and B, which contain complete descriptions of all changes, are on file in the Town offices.
All provisions of this ordinance and the Code shall be in full force and effect on and after January 6, 2009.