[Adopted 1-20-2005 by Order No. 2005-038]
The ordinances of the Town of Barnstable of a general and permanent nature adopted by the Town Council, as previously consolidated by the Town of Barnstable, as amended through May 6, 2004, and Schedule A of this ordinance, and the ordinances of a general and permanent nature adopted by the Town Council subsequent to that date, all as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 239; and the Administrative Code of the Town of Barnstable adopted by the Town Council as an appendix to but not an integral part of the general ordinances pursuant to Section 5-1(2)(c) of the Charter of the Town of Barnstable, as amended through May 6, 2004, and Schedule A of this ordinance, all as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapter 241; are hereby approved, adopted, ordained and enacted as the Code of the Town of Barnstable, hereinafter known and referred to as the "Code." The terms "ordinance," "ordinances" and "ordinances of a general and permanent nature" whenever employed herein shall include the provisions of the Administrative Code for purposes of this recodification, except that the term "this ordinance" shall refer to this docket number 2005-038.
This ordinance and the Code shall supersede
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.
This ordinance shall take effect immediately
upon passage and publication according to law.
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 Clerk of the Town of Barnstable by impressing
thereon the Seal of the Town as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the Town to
be made available to persons desiring to examine the same during all
times while the said Code is in effect.
The Clerk of the Town of Barnstable, pursuant
to law, shall cause to be published, in the manner required, a copy
of this adopting ordinance in a newspaper of general circulation in
the Town. 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 adopting
ordinance, coupled with the availability of copies 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.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent 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 Barnstable shall be understood and intended to include
such additions and amendments. Whenever such additions, 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 the said Code as amendments and supplements thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-21A and prior to the effective date of this ordinance given in § 1-10 are hereby deemed to be part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Clerk, or someone
authorized and directed by her or him, to keep up-to-date the certified
copy of the book containing the Code required to be filed in her office
for the use of the public. 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 printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the Code book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by Town Council, which 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 Barnstable to be misrepresented
thereby. Anyone violating this section of this ordinance shall be
subject, upon conviction, to a fine of not more than $300.
A.
Severability of Code provisions. 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.
Severability of ordinance provisions. 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 or parts of ordinances of a general
and permanent nature, adopted and in force on the date of the adoption
of this ordinance and being inconsistent with any ordinance contained
in the Code, are hereby repealed as of the effective date of this
adopting ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-20 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 May 6, 2004.
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 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 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 dedication of property or approval of preliminary
or final subdivision plats.
K.
Any ordinance providing for salaries or compensation.
L.
Any ordinance relating to traffic or parking.
A.
In compiling and preparing the ordinances 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. It
is the intention of the Town Council that all said changes be adopted
as part of the Code as if the ordinances so changed had been previously
formally amended to read as such.
B.
Nomenclature changes. Throughout the Code, the following
nomenclature changes were made:
(1)
Information Systems to Information Technology.
(2)
Building Division to Building Services Division.
(3)
Health, Safety and Environmental Services Department
to Regulatory Services Department.
(4)
Subsidized Housing Committee and Fair Housing Committee
to Housing Committee.
(5)
Handicapped Access Board to Disability Commission.
D.
In addition, the following changes, amendments or
revisions are made herewith, to become effective upon the effective
date of this ordinance. (Chapter and section number references in
Schedule A attached hereto are to the ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-22D, 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 III. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-20-2005 by Order No. 2005-038." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
