[HISTORY: Adopted by the City Council of the City of Westbrook
as indicated in article histories. Amendments noted where applicable.]
STATE LAW REFERENCES
Municipal authority to codify — 30-A M.R.S.A.
§ 3004.
Rules of construction — 1 M.R.S.A. § 72.
[Adopted 4-2-2007 by Ord.
No. 2007-23 as Ch. 1 of the 2007 Code]
The ordinances embraced in the following chapters and sections
shall constitute and be designated the "Code of Ordinances, City of
Westbrook, Maine," and may be so cited.
A.
In
the construction of this Code, and of all ordinances, the rules and
definitions set out in this section shall be observed, unless such
construction would be inconsistent with the manifest intent of the
City Council. The rules of construction and definitions set out herein
shall not be applied to any section of this Code which shall contain
any express provision excluding such construction, or where the subject
matter or context of such section may be repugnant thereto.
B.
Generally.
All general provisions, terms, phrases and expressions contained in
this Code shall be liberally construed in order that the true intent
and meaning of the City Council may be fully carried out. In the interpretation
and application of any provisions of this Code, they shall be held
to be the minimum requirements adopted for the promotion of the public
health, safety, comfort, convenience and general welfare. Where any
provision of the Code imposes greater restrictions upon the subject
matter than the general provision imposed by the Code, the provision
imposing the greater restriction or regulation shall be deemed to
be controlling.
(1)
"City" shall mean the City of Westbrook, Maine.
(2)
City Council; Council. Whenever the words "Council" or "City Council"
are used, they shall be construed to mean the City Council of the
City of Westbrook, Maine.
(3)
Computation of time. Whenever a notice is required to be given or
an act to be done a certain length of time before any proceeding shall
be had, the day on which such notice is given, or such act is done,
shall not be counted in computing the time, but the day on which such
proceeding is to be held shall be counted.
(4)
Corporate or City limits. The term "corporate limits" or "City limits"
shall mean the legal boundaries of the City of Westbrook, Maine.
(5)
County. The words "the county" or "this county" shall mean the County
of Cumberland in the State of Maine.
(6)
Delegation of authority. Whenever a provision appears requiring the
head of a department or some other City officer to do some act or
perform some duty, it is to be construed to authorize the head of
the department or other officer to designate, delegate and authorize
subordinates to perform the required act or perform the duty unless
the terms of the provision or section specify otherwise.
(7)
Gender. A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
(8)
Joint authority. All words giving a joint authority to three or more
persons or officers shall be construed as giving such authority to
a majority of such persons or officers.
(9)
"Mayor" shall mean the Mayor of the City.
(10)
Month. The word "month" shall mean a calendar month.
(11)
Nontechnical and technical words. Words and phrases shall be construed
according to the common and approved usage of the language, but technical
words and phrases and such others as may have acquired a peculiar
and appropriate meaning in law shall be construed and understood according
to such meaning.
(12)
Number. A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
(13)
Oath. The word "oath" shall be construed to include an affirmation
in all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases, the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
(14)
Officials, boards, commissions. Whenever reference is made to officials,
boards and commissions by title only, i.e., "City Council," "City
Clerk," "the Mayor," etc., they shall be deemed to refer to the officials,
boards and commissions of the City of Westbrook.
(15)
Or; and. "Or" may be read "and" and "and" may be read "or" if the
sense requires it.
(16)
Owner. The word "owner," applied to a building or land, shall include
any part owner, joint owner, tenant in common, tenant in partnership
or joint tenant of the whole or of a part of such building or land.
(17)
Person. The word "person" shall extend and be applied to associations,
clubs, societies, firms, partnerships and bodies politic and corporate
as well as to individuals.
(18)
Personal property includes every species of property except real
property, as herein described.
(19)
Preceding; following. The words "preceding" and "following" mean
next before and next after, respectively.
(20)
Property. The word "property" shall include real and personal property.
(21)
Real property shall include lands, tenements and hereditaments.
(22)
Shall. The word "shall" is mandatory.
(23)
Sidewalk. The word "sidewalk" shall mean any portion of a street
between the curbline and the adjacent property line, intended for
the use of pedestrians, excluding parkways.
(24)
Signature or subscription includes a mark when the person cannot
write.
(25)
State. The words "the state" or "this state" shall be construed to
mean the State of Maine.
(26)
Street. The word "street" shall be construed to embrace streets,
avenues, boulevards, roads, alleys, lanes, viaducts and all other
public ways in the City, and shall include all areas thereof embraced
between the property lines or dedicated to the public use.
(27)
Tenant or occupant. The word "tenant" or "occupant," applied to a
building or land, shall include any person holding a written or oral
lease or who occupies the whole or a part of such buildings or land,
either alone or with others.
(28)
Tense. Words used in the past or present tense include the future
as well as the past and present.
(29)
Written or in writing shall be construed to include any representation
of words, letters or figures, whether by printing or otherwise.
The catch lines of the several sections of this Code printed
in boldface type 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 catch lines, are amended or reenacted.
All ordinances passed subsequent to this Code which amend, repeal
or in any way affect this Code may be numbered in accordance with
the numbering system of this Code and printed for inclusion herein
or, in the case of repealed chapters, sections and subsections or
any part thereof, by subsequent ordinances, such repealed portions
may be excluded from the Code by omission from reprinted pages affected
thereby, and the subsequent ordinances as numbered and printed or
omitted, in the case of repeal, shall be prima facie evidence of such
subsequent ordinances until such time as this Code of Ordinances and
subsequent ordinances numbered or omitted are readopted as a new Code
of Ordinances by the City Council.
It shall be unlawful for any person in the City to change or
amend, by additions or deletions, any part or portions of this Code,
or to insert or delete pages, or portions thereof, or to alter or
tamper with such Code in any manner whatsoever which will cause the
law of the City to be misrepresented thereby.
A.
When
any ordinance repealing a former ordinance, clause or provision shall
be itself repealed, such repeal shall not be construed to revive such
former ordinance, clause or provision unless it shall be therein so
expressly provided.
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
or cause of action arising under the ordinance repealed.
The sections, paragraphs, sentences, clauses and phrases of
this Code are severable, and if any phrase, clause, sentence, paragraph
or section of this Code shall be declared unconstitutional, invalid
or unenforceable by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality, invalidity or unenforceability
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code.
Whenever in this Code or in any ordinance of the City any act
is prohibited or is made or declared to be unlawful or a misdemeanor,
or whenever in such Code or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful or a misdemeanor,
where no specific penalty is provided therefor, the violation of any
such provision of this Code or any ordinance shall be punished by
a fine of not more than $250, plus costs. All fines shall be recovered
on complaint to the use of the City. Each day any violation of any
provisions of this Code or of any ordinance shall continue shall constitute
a separate offense.
[1]
Editor's Note: This section was originally adopted 2-3-1986.
[Adopted 12-21-2020 by Order No. 2020-153]
Pursuant to 30-A M.R.S.A. § 3004, the ordinances of the City of Westbrook of a general and permanent nature adopted by the City Council of the City of Westbrook, as revised and codified and consisting of Chapters 1 through 335, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the City of Westbrook, hereinafter referred to as the "Code." 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. This ordinance and the Code adopted hereby shall supersede and replace the 2007 City of Westbrook Code of Ordinances, as amended and supplemented.
A.
The Code is on file 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 thereafter while the Code shall be in
effect.
B.
Additions or amendments to the Code, when adopted in such form as
to indicate the intent of the City 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 Westbrook" shall be understood and intended
to include such additions and amendments.
In the event that notice of enactment of this ordinance is required by law, the City Clerk shall cause notice of the enactment of this ordinance to be given in the manner required by law. The notice of passage of this ordinance and the filing of the Code in the office of the City Clerk as provided in § 1-10 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and of the Code is an independent
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 ordinance or the Code or the application
thereof to any person or circumstances is held invalid, the remainder
of this ordinance and the Code and the application of such provision
to other persons or circumstances shall not be affected thereby.
A.
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 City of Westbrook
which is not in conflict with the provisions of the Code shall be
deemed to remain in full force and effect. In accordance with 30-A
M.R.S.A. § 3004, all ordinances in force before adoption
of this Code continue in force for the sole purpose of preserving
vested rights acquired under the former provisions.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 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 August 3, 2020.
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 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 City's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J.
The 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 ordinance relating to or establishing a pension plan or pension
fund for municipal employees.
M.
Any ordinance adopting or amending a Zoning Map or otherwise rezoning
property.
A.
In preparing the revision and codification of the ordinances, certain
minor grammatical and nonsubstantive changes were made in one or more
of said ordinances. It is the intention of the City Council 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 changes, amendments or revisions 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.)[1]
[1]
Editor's Note: In accordance with § 1-15B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, these histories will be replaced with the adoption date and number of this ordinance. Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
The following terminology is updated throughout the Code:
(1)
The titles "Chairman" and "Chairperson" are amended to "Chair."
(2)
The titles "Fire Department," "Fire/Rescue Department" and "Fire
Rescue Department" are amended to "Fire & Rescue Department."
(3)
The titles "Public Works Department" and "Public Works Director"
are amended to "Public Services Department" and "Public Services Director,"
respectively.
(4)
The titles "Committee on Accounts" and "Accounts and Claims Committee"
are amended to "City Council Finance Committee."
(5)
The title "Canine Control Officer" is amended to "Animal Control
Officer."
(6)
The title "Department of Building Inspection" is amended to "Department
of Code Enforcement."
(7)
The term "Zoning Ordinance" is amended to "Land Use Ordinance."
(8)
All references to an engineer or land surveyor being "registered"
are amended to read "licensed."
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the City of Westbrook to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in § 1-8 of the Code.
This ordinance shall take effect upon adoption by the City Council
of the City of Westbrook.
