[Adopted by Bill No. 87-1]
The provisions embraced in this and the following
chapters, Articles and sections shall constitute and be designated
as the "Harford County Code, 1986," and may be so cited. The Code
may also be cited as the "County Code" or, in the provisions which
follow, as "this Code."
A.
Authority of Code. This Code is a recodification of
the laws of the County as contained in the 1978 Edition of the Harford
County Code, as have been amended from time to time and which have
been enacted and published in accordance with the authority granted
in Section 222 of the Charter.
B.
Effect of Code.
(1)
Any Code or supplement which is codified and published
under the direction of the County Council is legalized. It shall be
deemed and taken in all the courts of the state and by all public
officials of the state and of its several political subdivisions to
be evidence of the laws, resolutions, rules and regulations of the
County having general legislative effect as of the time of publication.
(2)
Conflicting provisions.
(a)
If the provisions of different chapters, Articles
or sections of this Code conflict with or contravene each other, the
provisions of each chapter, Article or section shall prevail as to
all matters and questions growing out of the subject matter of that
chapter, Article 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.
(3)
References to Code.
(a)
Any reference in this Code to a law or provision of
this Code shall mean such law or provision as may now exist or as
may hereafter be amended.
(b)
Any reference in this Code to chapters, Articles or
sections shall be to the chapters, Articles and sections of this Code
unless otherwise specified.
(c)
With reference to any amendment of any section of
this Code containing provisions for which a penalty is provided in
another section, the penalty so provided in such other section shall
be held to relate to the section so amended or the amending section,
whether reenacted in the amendatory law or not, unless such penalty
is specifically repealed therein.
The provisions appearing in this Code, so far
as they are substantially the same as those of the local laws, ordinances,
resolutions, rules and regulations existing at the time of the adoption
of this Code, shall be construed as a continuation thereof and not
as new enactments.
A copy of the Code, and any supplement thereof,
shall be filed in the office of the Clerk of the Circuit Court for
Harford County and, upon adoption, shall be recorded by the Clerk.
A.
Amendments. Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the governing body to make them a part thereof, shall be
deemed to be incorporated into such Code so that reference to the
Harford County Code, 1986, 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 said Code, as amendments and supplements thereto.
B.
Code book to be kept up-to-date. The Secretary of
the County Council shall keep an up-to-date copy of the Code in the
office of the County Council. All changes in said Code and all legislation
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
legislation is printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
C.
Sale of Code book. Copies of the Code or any supplement
thereof may be purchased from the office of the Treasurer upon the
payment of a fee to be set by the County Council.
D.
Altering or tampering with 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 Harford County
to be misrepresented thereby. Anyone violating this section of this
bill shall be subject, upon conviction, to a fine of not more than
one thousand dollars ($1,000.) or imprisonment for not more than six
(6) months, in the discretion of the Judge imposing the same.
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 section or part thereof.
The adoption of this Code shall not affect the
following legislation, rights and obligations, which are hereby expressly
saved from repeal:
A.
Any act or ordinance adopted subsequent to June 30,
1986.
B.
Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this
bill 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 bill 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 bill, brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
Any bill providing for the laying out, opening, altering,
widening, relocating, straightening, establishing of grade, changing
of 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 bill appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond or other instrument or evidence
of the County's indebtedness.
H.
Bills 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.
Bills establishing the amount and manner of payment
of salaries or compensation of officers and employees, establishing
workdays and working hours of certain employees and providing for
holidays and vacations for employees and keeping of employment records.
L.
All resolutions.
M.
Any bill making any change or revision in the Zoning
Map.
A.
In compiling and preparing the bills for adoption
and revision as part of the Code, certain grammatical changes and
other minor changes were made in one (1) or more of said bills. It
is the intention of the County Council that all such changes be adopted
as part of the Code as if the legislation so changed had been previously
formally amended to read as such.
B.
In compiling and preparing the bills for adoption
and revision as part of the Code, terms such as "bill" were changed
to "section," "Article" or "chapter" throughout the Code so as to
accurately reflect the new breakdown in that Code. It is the intention
of the County Council that all such changes be adopted as part of
the Code as if the legislation had been previously formally amended
to read as such.
C.
All designations and headings of chapters, Articles
and sections are intended only for convenience in arrangement and
as mere catchwords to indicate the contents of such chapters, Articles
or sections. They shall not be deemed nor taken to be any part or
title of such chapters, Articles or sections; nor, unless expressly
so provided, shall they be so deemed upon amendment or reenactment;
nor shall they be construed to govern, limit, modify, alter or in
any other manner affect the scope, meaning or intent of any of the
provisions of this Code.
D.
Renumbering.
(1)
In compiling and preparing the bills for adoption
and revision as part of the Code, a new numbering system was used.
This new numbering system required that the references to the original
of the legislation be changed to reflect the new numbering system.
It is the intention of the County Council that all such changes be
adopted as part of the Code as if the legislation had been previously
formally amended to read as such.
(2)
In reading a section number from left to right, the
digits to the left of the hyphen designate the chapter number. The
digits to the right of the hyphen designate the section number within
the chapter. Numerals or letters to the right of a decimal point indicate
new sections inserted between existing chapters or sections. The decimal
system shall be used to maintain the numerical order of this Code.
