[Adopted 2-12-2020 by Ord. No. 2020.01.08-001]
The ordinances of the City of Dover of a general and permanent nature adopted by the City Council of the City of Dover, as revised, codified and consolidated into chapters and sections in consultation with General Code, and consisting of Chapters 1 through 145 inclusive attached as Schedule A and the Fine Schedule attached as Schedule C hereto as it relates to aforesaid Chapters 1 through 145, each of which are made a part hereof, are hereby approved, adopted, ordained and enacted as the "Code of the City of Dover," hereinafter referred to as the "Code." For clarification, the regulations set forth in Chapters 153 and 157 of the new Code attached as Schedule A are not being hereby enacted, repealed, or amended by the City Council, but are included herein for purposes of codification as promulgated by the City of Dover Planning Board, which recently amended its Site Review and Subdivision Regulations on January 14, 2020, to bring those provisions into line with the new Code hereby adopted.[1]
[1]
Editor's Note: Schedules A and C are on file at the office
of the City Clerk.
This ordinance and the Code shall supersede the City Code adopted
November 13, 2013, and 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 effectively
as a continuation of such ordinances, and the effectiveness of such
provisions shall to the fullest extent allowed by law date from the
date of adoption of the prior ordinances.
A copy of the Code has been filed 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 if this ordinance
shall be adopted, such copy shall be certified to by the Clerk of
the City of Dover by impressing thereon the Seal of the City, as provided
by law, and such certified copy shall remain on file in the office
of the Clerk to be made available to persons desiring to examine the
same during all times while said Code is in effect. Electronic representation
of the Code shall be maintained on the City website.
Any and all additions, deletions, amendments or supplements
to the Code, when adopted in such form as to indicate the intention
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 Dover" 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 inserted in the Code as amendments and supplements thereto.
The Clerk of the City of Dover, pursuant to law, shall cause
to be published, in the manner required by law, notice of the adoption
of this ordinance. A copy of the Code of the City of Dover 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 City Clerk to keep up-to-date the certified copy of the Code required to be filed in the Clerk's office in accordance with Charter § C3-8. Copies for use by the public will be made available in accordance with Charter §§ C3-8D and C3-10. 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, or any chapter or portion of it, may be purchased from the Clerk upon the payment of a fee to be set by the City Council in accordance with Charter § C3-10. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
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 City of Dover to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine as provided in Chapter 1, Article II, of the Code.
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.
Except for the current Dover Code Chapter 149, Site Review Regulations, Chapter 155, Subdivision of Land, and Chapter 170, Zoning, including its related Sign Diagrams, Private Frontages, Zoning Map, Groundwater Map, and Zoning Tables, the City Code adopted November 13, 2013, as amended through the date of this ordinance, is hereby repealed and replaced with the Code adopted by this ordinance.
The adoption of this Code and the repeal of ordinances provided for in § 1-21 of this ordinance shall not affect the following ordinances, provisions, regulations, rights and obligations, which are hereby expressly saved and exempted from repeal:
A.
Any ordinance
adopted subsequent to November 13, 2019.
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 City'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.
Ordinances
providing for local improvements or assessing taxes or special assessments
therefor.
L.
All currently
effective ordinances pertaining to the rate and manner of payment
of salaries and compensation of officers and employees.
M.
Any legislation
relating to or establishing a pension plan or pension fund for municipal
employees.
N.
Any ordinances
adopting or amending a zoning map or otherwise rezoning property.
O.
Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the City.
P.
Any ordinance
or portion of an ordinance establishing or amending sewer or water
rates or charges.
Q.
Current Dover Code Chapter 149, Site Review Regulations, as well as Chapter 155, Subdivision of Land, both of which are within the purview of the City's Planning Board and both of which have been amended by separate act of the Planning Board on January 14, 2020, to implement changes within the new Code (Schedule A) as Chapter 153, Site Review Regulations, and Chapter 157, Land Subdivision Regulations.
A.
In compiling and preparing the ordinances for publication as the Code of the City of Dover, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code.
B.
For reference,
the amendments and/or additions as set forth in Schedule B attached
hereto and made a part hereof, shall become effective as part of the
Code 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: Schedule B is on file at the office of the
City Clerk.
This ordinance shall take effect upon passage and publication
as required by law.
