[Adopted 10-2-1990 as §§ 01.02,
01.05, 01.06, 01.08, 01.12, 01.13 and 01.14 of the 1990 Code]
A.Â
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)Â
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)Â
Definitions given within a chapter or article apply
only to words or phrases used in such chapter or article unless otherwise
provided.
(3)Â
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)Â
Tense. Words used in the past or present tense include
the future, past and present where applicable unless the context clearly
indicates otherwise.
(5)Â
Time means an hour of the day according to the official
time of the Town.
(6)Â
And; or. "And" may be read "or," and "or" may be read
"and," if the sense requires it.
(7)Â
May; shall. The word "may" is permissive, and the
word "shall" is mandatory.
B.Â
CODE or THIS CODE
COUNCIL
COUNTY
MONTH
M.R.S.A
MUNICIPAL OFFICERS
OATH
OWNER
PERSON
PRECEDING; FOLLOWING
STATE
STATUTES or REVISED STATUTES
STREET
TENANT
TOWN and THIS TOWN
WEEK
WRITING and WRITTEN
YEAR
As used in this Code, the following terms shall have
the meanings indicated:
The Town of Bar Harbor Code.
The Bar Harbor Town Council.
Hancock County, Maine.
A calendar month.
Maine Revised Statutes Annotated.
The municipal officers of the Town of Bar Harbor, Maine.
Shall be construed to include an affirmation in all cases
in which by law an affirmation may be substituted for an oath.
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.
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.
Next before and next after, respectively.
The State of Maine.
The latest published edition of the Statutes or Revised Statutes
of Maine.
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.
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.
The Town of Bar Harbor, Maine.
Seven days.
Any representation or words, letters or figures, whether
by printing or otherwise, capable of comprehension by ordinary visual
means.
A calendar year.
A.Â
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.Â
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.
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.
A.Â
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.Â
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.Â
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.
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.
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.
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.