[Adopted 7-17-1990 by Ord. No. 1990-39]
The ordinances of the City of Hagerstown, Maryland, a Municipal Corporation, of a general and permanent nature, as amended, revised, consolidated and codified into certain chapters and sections, namely, Chapters 1 through and including Chapter 243, together with an Appendix and Index, and supplements attached hereto, are hereby approved, adopted, ordained and enacted as the general ordinances of the City of Hagerstown, Maryland, and the same are to be known and designated and referred to as the "Code of the City of Hagerstown, Maryland, 1990." The same shall hereinafter be known and referred to as the "Code."
A.
Each and every ordinance contained in this Code shall
be determined to be effective as of the date of its initial passage
as shown and designated thereon. If no date is designated, then the
same shall be considered the effective date of this ordinance adopting
the Code.
B.
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 retained in full force and effect.
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of this ordinance and not contained in the Code are hereby repealed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 § 1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal and shall remain in full force and effect:
A.
All ordinances providing for bond issues.
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 provisions
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 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 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 City'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.
Any ordinance or resolution establishing water, sewer
or electric utility rates that are not specifically set forth in the
Code.
K.
Any ordinance adopted since the first day of January
1990.
A copy of the Code of the City of Hagerstown,
Maryland, 1990, shall be filed in the office of the City Clerk and
with any other agencies as may be required from time to time pursuant
to the provisions of Article 23A of the Annotated Code of Maryland
or any other applicable provisions of said Annotated Code.
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 parts thereof.
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 provisions of this ordinance adopting a
code and the Code shall be in full force and effect on and after July
17, 1990.
