Chapter 1 General Provisions

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Chapter 1 General Provisions Ch 1 Art I Adoption Of Code Ch 1 Art II Charter Amendments [HISTORY: Adopted by the Town Council of Centreville as indicated in article histories. Amendments noted where applicable.] Ch 1 Art I Adoption Of Code 1-1 Adoption Of Code 1-2 Code Supersedes Prior Ordinances 1-3 Effective Date 1-4 Copy Of Code On File 1-5 Amendments To Code 1-6 Publication And Filing 1-7 Code Book To Be Kept Up-To-Date 1-8 Sale Of Code Book 1-9 Altering Or Tampering With Code; Penalties For Violation 1-10 Severability Of Code Provisions 1-11 Severability Of Ordinance Provisions 1-12 Repeal Of Ordinances 1-13 Ordinances Saved From Repeal 1-14 Changes In Previously Adopted Ordinances 1-15 Deposit Of Copies With State Agencies [Adopted 12-18-2001 by Ord. No. 10-01] 1-1 Adoption Of Code The ordinances of the Town Council of Centreville of a general and permanent nature, adopted by the Town Council of the Town of Centreville, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 170, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Centreville," hereinafter known and referred to as the "Code." 1-2 Code Supersedes Prior Ordinances 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. 1-3 Effective Date All provisions of this ordinance of the Code shall be in full force and effect at the expiration of 20 calendar days from the date of its passage. 1-4 Copy Of Code On File A copy of the Code in loose-leaf or post binder 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 Centreville by impressing thereon the Seal of the Town, 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 regular office hours while the Code is in effect. 1-5 Amendments To Code 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 Centreville" 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 or post binder book containing said Code as amendments and supplements thereto. 1-6 Publication And Filing The Town Clerk of Town of Centreville, pursuant to law, shall cause to be published, in the manner required, a notice of the passage of this 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. Publication of such notice, coupled with 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. 1-7 Code Book To Be Kept Up-To-Date It shall be the duty of the Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk's 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 books, at which time such supplements shall be inserted therein. 1-8 Sale Of Code Book Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by resolution of the Town Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code. 1-9 Altering Or Tampering With Code; Penalties For Violation 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 Centreville to be misrepresented thereby. Any violation of this section shall be punishable as a misdemeanor, the penalty for which shall be a fine not to exceed $1,000 or imprisonment for a term not to exceed six months, or both such fine and imprisonment. 1-10 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 section or parts thereof. 1-11 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. 1-12 Repeal Of Ordinances 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. Nothing in this ordinance shall be construed to repeal any provision of the Charter of the Town of Centreville. 1-13 Ordinances Saved From Repeal The adoption of this Code and repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal: Any ordinance adopted subsequent to July 7, 2000. 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. 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. 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. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred. 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. 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. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation. The levy or imposition of taxes, assessments or charges. The dedication of property or approval of preliminary or final subdivision plats. Ordinances 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. Any legislation relating to or establishing a pension plan or pension fund for municipal employees. Ordinance No. 310, adopted 4-30-1981. Ordinance Nos. 818 adopted 12-20-1983, exempting the Town from County Ord. No. 25 regarding employee merit system. All ordinance pertaining to pensions and pension plans, including specifically Ord. No. 843, adopted 4-18-1991, and an amendment adopted 10-21-1993. All ordinances establishing a residential parking permit area or removal of such designation pursuant to Ord. No. 136. All ordinances establishing fees. 1-14 Changes In Previously Adopted Ordinances 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 such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such. Certain other changes of a global nature as follows are made throughout the Code; References to "Planning Commission" are changed to "Planning and Zoning Commission." Statutory references are updated and revised as necessary so as to be current. References in the ordinances to sections of ordinances which are incorrect are revised and corrected. Specific fees are deleted from the following sections and language referring to the adoption of fees by resolution of the Town Council from time to time is substituted: 88-5; 129-15; 129-19. Penalties. The following penalty sections wherein the penalty is a municipal infraction are revised to provide that violation of the provisions of the chapter (or article) shall constitute a municipal infraction, and said person or persons violating the chapter (or article) or any section thereof shall be subject to a fine for a Class A Municipal Infraction as adopted by the Town Council by Resolution, provided that a citation is served upon said person or persons in the manner prescribed by § 6-103 of the Local Government Article of the Annotated Code of Maryland. The fine is payable by the offender to the municipality within 20 calendar days of receipt of a citation. Each day such violation, as defined above, continues shall be considered a separate offense: §§ 24-2; 102-4; 129-35; 158-2. The following penalty sections wherein the penalty is a municipal infraction are revised to provide that violation of the provisions of the chapter (or article) shall constitute a municipal infraction, and said person or persons violating the chapter (or article) or any section thereof shall be subject to a fine for a Class B Municipal as adopted by the Town Council by Resolution, provided that a citation is served upon said person or persons in the manner prescribed by § 6-103 of the Local Government Article of the Annotated Code of Maryland. The fine is payable by the offender to the municipality within 20 calendar days of receipt of a citation. Each day such violation, as defined above, continues shall be considered a separate offense: §§ 7-4; 11-6; 31-9; 88-7; 95-11; 123-2; 134-9; 145-25 ;148-2 ;151-13; 154-3. The following penalty sections wherein the penalty is a municipal infraction are revised to provide that violation of the provisions of the chapter (or article) shall constitute a municipal infraction, and said person or persons violating the chapter (or article) or any section thereof shall be subject to a fine for a Class C Municipal as adopted by the Town Council by Resolution, provided that a citation is served upon said person or persons in the manner prescribed by § 6-103 of the Local Government Article of the Annotated Code of Maryland. The fine is payable by the offender to the municipality within 20 calendar days of receipt of a citation. Each day such violation, as defined above, continues shall be considered a separate offense: §§ 28; 42-11; 59-5; 69-16; 118-3; 134-9; 138-9; 170-68. The following penalty sections are revised to provide that violation of the chapter (or article) shall be a misdemeanor punishable by a fine not to exceed $1,000, or imprisonment for a term not to exceed six months, or both: §§ 50-14; 62-10; 66-50; 99-7; 115-42; 170-68. In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance as set forth in Schedule A 1 attached hereto and made a part hereof (chapter and section number references are to the ordinances as they have been renumbered and appear in the Code). 1 Editor's Note: In accordance with § 1-14C, 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 I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-18-2001 by Ord. No. 10-01." Schedule A, which contains a complete, description of all changes, is on file in the Town offices. HISTORY Amended by Ord. 13-2024 Amended Penalty Sections throughout the Code on 1/2/2025 Adopted by Res. 19-2024 Establishing certain fines to be paid to the Town of Centreville for Municipal Infractions pursuant to the Authority set forth in the Town of Centreville Charter and Code of the Town of Centreville on 1/2/2025 1-15 Deposit Of Copies With State Agencies Pursuant to § 9A of Article 23A of the Annotated Code of Maryland, a copy of the Code of the Town of Centreville containing the Charter shall be deposited with the Maryland Department of Legislative Reference. Ch 1 Art II Charter Amendments [During the process of codification, certain changes and/or additions to the Charter were approved by the Town Council for inclusion in the Code of the Town of Centreville. Such amendments are noted in the Charter as "... amended during codification (see Ch. 1, General Provisions, Art. II)." Upon final enactment of the Charter amendments, a list of the adoption dates of these amendments will be printed here.]