Town of Bar Harbor, ME Article II Use and Construction

[Adopted 10-2-1990 as §§ 01.02, 01.05, 01.06, 01.08, 01.12, 01.13 and 01.14 of the 1990 Code]

§ 1-14 Rules of construction; general definitions.

A. In the construction of this Code, and of all ordinances and resolutions of the Town, the following rules shall be observed, unless otherwise specifically provided or unless such construction would be inconsistent with the manifest intent of the Town Council:

(1) Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such meaning.

(2) Definitions given within a chapter or article apply only to words or phrases used in such chapter or article unless otherwise provided.

(3) Gender. A word importing the masculine gender shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

(4) Tense. Words used in the past or present tense include the future, past and present where applicable unless the context clearly indicates otherwise.

(5) Time means an hour of the day according to the official time of the Town.

(6) And; or. "And" may be read "or," and "or" may be read "and," if the sense requires it.

(7) May; shall. The word "may" is permissive, and the word "shall" is mandatory.

B. As used in this Code, the following terms shall have the meanings indicated:

CODE or THIS CODE

The Town of Bar Harbor Code.

COUNCIL

The Bar Harbor Town Council.

COUNTY

Hancock County, Maine.

MONTH

A calendar month.

M.R.S.A

Maine Revised Statutes Annotated.

MUNICIPAL OFFICERS

The municipal officers of the Town of Bar Harbor, Maine.

OATH

Shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath.

OWNER

Applied to any property, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of such property.

PERSON

Shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners or members thereof, and such word as applied to corporations shall include the officers, agents or employees thereof who are responsible for any violation of said section.

PRECEDING; FOLLOWING

Next before and next after, respectively.

STATE

The State of Maine.

STATUTES or REVISED STATUTES

The latest published edition of the Statutes or Revised Statutes of Maine.

STREET

Includes public avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and approaches thereto and all other public thoroughfares in the Town, and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the Town Council.

TENANT

Any person occupying the premises, building or land of another in subordination to such other person's title and with his express or implied assent, whether he occupies the whole or a part of those premises, building or land, whether alone or with others.

TOWN and THIS TOWN

The Town of Bar Harbor, Maine.

WEEK

Seven days.

WRITING and WRITTEN

Any representation or words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.

YEAR

A calendar year.

§ 1-15 References.

A. Any reference in this Code to an ordinance or provision of this Code shall mean such ordinance or provision as may now exist or is hereafter amended.

B. Any references in this Code to chapters, articles, divisions or sections shall be to the chapters, articles, divisions and sections of this Code unless otherwise specified.

§ 1-16 Catch lines of sections.

The catch lines of the sections appearing in this Code are only intended as guide words or phrases to indicate the contents of the sections and shall not be deemed to be a part of or affect the application or substance of such sections unless expressly so provided.

§ 1-17 Conflicting provisions.

A. If the provisions of different chapters, articles, divisions or sections of this Code conflict with or contravene each other, the provisions of each chapter, article, division or section shall prevail as to all matters and questions growing out of the subject matter of that chapter, article, division or section.

B. If clearly conflicting provisions are found in different sections of the same chapter, the provisions of the section last enacted shall prevail unless the construction is inconsistent with the meaning of that chapter.

C. Where any conflict exists between a provision of this Code and any provision of the Town Charter or Maine Revised Statutes, the latter shall prevail.

§ 1-18 General penalty.

Whenever in this Code, or in material adopted by reference in this Code, any act is prohibited or made or declared to be unlawful, or whenever in this Code, or in material adopted by reference by this Code, the doing of any act is required or the failure to do any act is declared to be unlawful, and where no specific penalty is provided therefor, the violation of such provision shall be punishable by fine of not more than $500 plus costs. This penalty shall not be deemed to be exclusive of any other appropriate legal or equitable action. Each day any violation of this Code occurs or continues shall constitute a separate offense.

§ 1-19 Causing or permitting a prohibited act also unlawful.

Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, suffering or concealing the fact of such act or omission.

§ 1-20 Same offense created under different sections.

In all cases where the same offense is made punishable or is created by different sections of this Code, the Town's Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.