The ordinances embraced in the following chapters and sections
shall constitute and be designated the "Revised Code of Ordinances,
City of Old Town Maine," and may be so cited.
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 of context of such section may be repugnant thereto.
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 this Code imposes greater
restrictions upon the subject matter than the general provision imposed
by this Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
City shall mean the City of Old Town, Maine.
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 Old Town, Maine.
Compact or built-up section. The compact or
built-up section of the City shall mean a section of the highway where
structures are nearer than 200 feet apart for a distance of 1/4 of
a mile.
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.
Corporate or City limits. The term "corporate
limits" or "City limits" shall mean the legal boundaries of the City
of Old Town, Maine.
County. The words "the county" or "this county"
shall mean the County of Penobscot in the State of Maine.
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.
Gender. Words of the masculine gender may include
the feminine.
Joint authority. Words giving authority to
three or more persons authorize a majority to act, when the enactment
does not otherwise determine.
M.R.S.A. The abbreviation "M.R.S.A." refers
to the Maine Revised Statutes annotated.
Month. The word "month" shall mean a calendar
month.
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.
Number. Words of the singular number may include
the plural; and words of the plural number may include the singular.
Oath. The word "oath" includes an affirmation,
when affirmation is allowed. Affirmation is allowed when a person
required to be sworn is conscientiously scrupulous of taking an oath.
Officials, boards, commissions. Whenever reference
is made to officials, boards, commissions by title only, i.e., "City
Council," "City Clerk," "City Manager," etc., they shall be deemed
to refer to the officials, boards and commissions of the City of Old
Town.
Owner. The word "owner," applied to a building
or land, shall include any part owner, joint owner, tenant in common,
joint tenant, of the whole or of a part of such building or land.
Person. Person may include a body corporate.
Personal property includes every species of
property except real property, as herein described.
Preceding, following. The words "preceding"
and "following" mean next before and next after, respectively.
Property. The word "property" shall include
real and personal property.
Real property shall include lands, tenements
and hereditaments.
Shall. The word "shall" is mandatory.
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.
Signature or subscription includes a mark when
the person cannot write.
State. The words "the state" or "this state"
shall be construed to mean the State of Maine.
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 and dedicated and accepted
to the public use.
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.
Tense. Words used in the past or present tense
include the future as well as the past and present.
Year. The word "year" shall mean a calendar
year, unless otherwise expressed.
The catchlines 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 catchlines, 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.
[Ord. of 6-15-1992]
(a)
Whenever in this Code or in materials adopted by reference by this
Code or in any ordinance of the City, any act is prohibited or is
made or declared to be unlawful, or whenever in the same the doing
of any act is required or the failure to do any act is declared to
be unlawful, where no specific penalty is provided, the following
civil penalties and provisions shall apply. Except for paragraph 7,
monetary penalties may be assessed on a per-day basis.
(1)
The minimum penalty for a specific violation is $100 and the maximum
penalty is $2,500.
(2)
The minimum penalty for starting construction or undertaking a land
use activity without a required permit is $100 and the maximum penalty
is $2,500.
(3)
The violator may be ordered to correct or abate the violations. When
the court finds that the violation was willful, the violator shall
be ordered to correct or abate the violation unless the abatement
or correction will:
(4)
If the municipality is the prevailing party, it shall be awarded
reasonable attorney fees, expert witness fees and costs, unless the
court finds that special circumstances make the award of these fees
and costs unjust.
(6)
The maximum penalty may exceed $2,500, but may not exceed $25,000
when it is shown that there has been a previous conviction or admission
of violation through a consent agreement of the same party within
the past two years of the same or similar law or ordinance.
(7)
If the economic benefit resulting from the violation exceeds the
applicable penalties under this subsection, the maximum civil penalties
may be increased. The maximum civil penalty may not exceed an amount
equal to twice the economic benefit resulting from the violation.
Economic benefit includes, but is not limited to the costs avoided
or enhanced value accrued at the time of the violation as a result
of the violator's noncompliance with applicable legal requirements.
