In accordance with 30-A M.R.S.A. § 3004, the ordinances of the City of Augusta, as codified by General Code, LLC, and consisting of Chapters 1 through 300, shall be known collectively as the "Code of Ordinances, City of Augusta, Maine," hereafter termed the "Code." Wherever reference is made in any of the ordinances contained in the Code of Ordinances, City of Augusta, Maine, 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 1990 Code and ordinances in force immediately
prior to the enactment of the Code by this ordinance, are intended
as a continuation of such 1990 Code and ordinances and not as new
enactments, and the effectiveness of such provisions shall date from
the date of adoption of the prior Code and ordinances. All such provisions
are hereby continued in full force and effect and are hereby reaffirmed
as to their adoption by the City of Augusta, and it is the intention
of the City Council that each such provision contained within this
Code is hereby reaffirmed as it appears in said Code.
The adoption of this Code shall not affect the following classes
of ordinances, rights and obligations, which are hereby expressly
saved from repeal:
A.
Any right
or liability established, accrued or incurred under any legislative
provision of the City of Augusta prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision of the City of Augusta or
any penalty, punishment or forfeiture which may result therefrom.
C.
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 City of Augusta.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Augusta.
E.
Any ordinance
of the City of Augusta 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 City
of Augusta or any portion thereof.
F.
Any ordinance
of the City of Augusta appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond of the City of Augusta or other
instruments or evidence of the City's indebtedness.
G.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract or obligation.
H.
The levy
or imposition of special assessments or charges.
I.
The annexation
or dedication of property or approval of preliminary or final subdivision
plats or site plans.
J.
Any ordinances
adopting or amending a zoning map or otherwise rezoning property.
K.
Any ordinances
relating to salaries.
L.
Personnel
policies of the City.
M.
Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the City.
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.
Any and all additions, deletions, amendments or supplements
to any of the ordinances known collectively as the "Code of Ordinances,
City of Augusta, Maine" or any new ordinances, when enacted or adopted
in such form as to indicate the intention of the City 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 City Council deems desirable.
A.
It shall
be the duty of the Bureau of the City Clerk to keep up-to-date the
certified copy of the Code of Ordinances, City of Augusta, Maine.
All changes in said Code and all ordinances adopted by the City Council
subsequent to the enactment of this ordinance in such form as to indicate
the intention of the City 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.
B.
When preparing
a supplement to this Code, the codifier (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 a unified
code. For example, the codifier may:
(1)
Organize
the ordinance material into appropriate subdivisions.
(2)
Provide
appropriate headings and titles for sections and subsections of the
Code printed in the supplement, and make changes in such titles.
(3)
Assign
appropriate numbers and/or letters to sections and subsections to
be inserted in the Code and, where necessary to accommodate new material,
change existing section or subsection numbers and/or letters.
(4)
Change
the words “this ordinance” or words of the same meaning
to “this chapter,” “this article,” “this
section,” etc., as appropriate.
(5)
Make
other nonsubstantive changes necessary to preserve the original meaning
of ordinance sections inserted into the Code.
Any person who changes or amends, by additions or deletions, any part or portion of the Code of Ordinances, City of Augusta, Maine, or who alters or tampers with such Code in any manner whatsoever which will cause the ordinances of the City of Augusta 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 as set forth in Chapter 1, Article III, General Penalty, of the Code.
