[HISTORY: Adopted by the Town Council of the Town of Cumberland as indicated in article histories. Amendments noted where applicable.]
In accordance with 30-A M.R.S.A. § 3004 and Article II, § 11(g), of the Council-Manager Charter of the Town of Cumberland, the ordinances of the Town of Cumberland, as codified by General Code, and consisting of Chapters 1 through 315, shall be known collectively as the "Cumberland Code," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Cumberland Code to any other ordinances appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such ordinances had been formally amended to so read.
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. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town of Cumberland, and it is the intention of the Town Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code.
Inconsistent ordinances repealed. Except as provided in § 1-4, 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or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Cumberland which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of the Town of Cumberland 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 of the Town of Cumberland 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 of the Town of Cumberland.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Cumberland.
Any ordinance of the Town of Cumberland providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Cumberland or any portion thereof.
Any ordinance of the Town of Cumberland appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Cumberland or other instruments or evidence of the Town's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats or site plans.
Any ordinances adopting or amending a zoning map or otherwise rezoning property.
Any ordinances relating to salaries.
The General Assistance Ordinance and all amendments thereto.
Personnel policies of the Town.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
Any ordinances adopted subsequent to June 4, 2012.
If any clause, sentence, paragraph, section, article, chapter or part of this ordinance or of any ordinances included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered. If any provision of this Code or the application thereof to any person or circumstance is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
A copy of the Code has been filed in the office of the Town Clerk of the Town of Cumberland 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 by the Town Clerk of the Town of Cumberland by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this ordinance, coupled with the availability of a copy 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.
Any and all additions, deletions, amendments or supplements to any of the ordinances known collectively as the "Cumberland Code" or any new ordinances, when enacted or adopted in such form as to indicate the intention of the Town Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code 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 enacted or adopted, they shall thereafter be inserted in said Code as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinances contained herein, and such ordinances may be amended, deleted or changed from time to time as the Town Council deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the Cumberland Code required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all ordinances adopted by the Town Council subsequent to the enactment of this ordinance in such form as to indicate the intention of the Town Council to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or ordinances until such changes or ordinances are included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Town Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
Any person who changes or amends, by additions or deletions, any part or portion of the Cumberland Code or who alters or tampers with such Code in any manner whatsoever which will cause the ordinances of the Town of Cumberland to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be punishable by a fine of not more than $100.
In compiling and preparing the ordinances for publication as the Cumberland Code, 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 ordinances. It is the intention of the Town 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.
The following changes are made in the ordinances:
References to the Public Works Department and Highway Department are amended to read "Public Services Department" and references to the Director of Public Works and Public Works Director are amended to read "Public Services Director."
References to the State Department of Human Services are amended to read "State Department of Health and Human Services."
References to the Division of Health Engineering are amended to read "Division of Environmental Health."
References to the Fire Department and Rescue Department are amended to read "Fire/EMS Department" and references to the Fire Chief, Rescue Chief and EMS Chief are amended to read "Fire/EMS Chief."
The amendments and/or additions 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.)
Editor's Note: In accordance with § 1-11C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 9-10-2012]. Schedule A, which contains a complete description of all changes, is on file in the Town offices.
Every word in this Code imparting the masculine gender may extend and be applied to females as well as males, and every word imparting the singular number only may extend and be applied to several persons or things as well as to one person or thing, provided that these rules of construction shall not be applied to any provision which contains any express language excluding such construction or when the subject matter or context of such provision may be repugnant thereto.
This ordinance shall take effect upon adoption by the Town Council of the Town of Cumberland.