[HISTORY: Adopted by the Town of Bedford as indicated in
article histories. Amendments noted where applicable.]
[Adopted 7-13-2011]
The ordinances, bylaws and articles of the Town of Bedford of a general and permanent nature adopted by the Town Council of the Town of Bedford, the former Town Meeting and Board of Selectmen, as revised, codified and consolidated into chapters and sections by General Code LLC, and consisting of Chapters 1 through 285, together with the Charter and an appendix are hereby approved, adopted, ordained and enacted as the "Code of the Town of Bedford," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent legislation enacted prior to the enactment of this Code,
except such legislation as is 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 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. Nothing in this ordinance shall be deemed to affect in
any way the provisions of the Charter of the Town Bedford.
This ordinance shall take effect immediately upon passage and
publication according to law.
A.
A
copy of the Code, in loose-leaf form, has been filed in the office
of the Town 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 Town Clerk, 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.
B.
The
Town Clerk of the Town of Bedford is hereby directed to make copies
of the Code of the Town of Bedford available at no charge to members
of the Town Council, heads of municipal departments and any public
library within the Town. Any person may inspect the Code at the office
of the Town Clerk at no charge. Any person, other than those enumerated
as being able to obtain copies of the Code without charge, shall be
allowed to purchase copies of the Code from the Town Clerk.
Any and all additions, deletions, amendments or supplements
to the Code, when adopted in such form as to indicate the intention
of the Town 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 Bedford" 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 printed and, as provided hereunder, inserted
in the loose-leaf book containing said Code as amendments and supplements
thereto.
The Clerk of the Town of Bedford, pursuant to law, shall cause
to be published, in the manner required by law, a copy of this Adoption
Ordinance. Sufficient copies of the Code shall be maintained in the
office of the Clerk for inspection by the public at all times during
regular office hours. 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.
It shall be the duty of the Town 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 legislation
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 book, at which
time such supplements shall be inserted therein.
Copies of the Code may be purchased from the Clerk upon the
payment of a fee to be set by the Town Council, and the Town Council
may also arrange 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 Bedford 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 $1,000.
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, bylaws, articles or parts of same 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 Bedford which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of legislation provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any legislation adopted subsequent to March 8, 2011.
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 provision 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 grade, changing 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 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.
The annexation or dedication of property or approval of preliminary
or final subdivision plats.
K.
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
L.
Any legislation relating to or establishing a pension plan or pension
fund for municipal employees.
M.
Rules and regulations adopted by the Town's various duly established
boards, committees and commissions having the power to adopt such
rules and regulations.
A.
In compiling and preparing the ordinances, bylaws, and articles 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,
bylaws and articles. It is the intention of the Town Council that
all such changes be adopted as part of the Code as if the ordinances,
bylaws and articles so changed had been previously formally amended
to read as such.
B.
Throughout the Code, references to Building Inspector, Building Official
and Code Official are changed to Building Code Official. This revision
shall be made in future supplementation of the Code should it be necessary.
C.
In addition, the following changes, amendments or revisions are made
herewith, to become effective upon the effective date of this ordinance,
as set forth in Schedule A attached hereto and made a part hereof.
(Chapter and section number references are to the ordinances and resolutions
as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-14C, 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) _________________." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
