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HomeMy WebLinkAboutO-683ORDINANCE NO. 683 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF THE CITY OF FAIRHOPE, COUNTY OF BALDWIN, STATE OF ALABAMA, ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, on the 28th day of September, 1981, at a regular meeting of the city council of the City of Fairhope, Alabama, the following resolution was adopted: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: "l. That the city council of the City of Fairhope proposes to consider the adoption of a new revision and codification of its ordinances and the adoption of such Code by Ordinance, as provided by the Code of Alabama 1975, sections 11-45-7 and 11-45-8 and to adopt by reference as a part of such Code the following technical codes: Standard Building Code, 1979 edition; National Fire Codes, 1980 edition; National Electrical Code, 1980 edition; Standard Gas Code, 1979 edition; Standard Mechanical Code, 1979 edition; Standard Plumbing Code, 1979 edition; Standard Swimming Pool Code, 1979 edition; Standard Code for Elimination and Repair of Unsafe Buildings, 1977 edition; Standard Fire Prevention Code, 1980 edition; Alabama offenses laws; Alabama health laws and regulations; and Alabama traffic laws. The council will hold a public hearing thereon at the regular meeting of the city council to be held in the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama, on the 26th day of October, 1981, at 5:30 o'clock p.m. Said Code shall be known as the "Code of Ordinances, City of Fairhope, Alabama". 2. This resolution shall be published once a week for two (2) suc- cessive weeks in the EASTERN SHORE COURIER, a newspaper of general circu- lation in the City of Fairhope, Alabama, as provided by Code of Alabama 1975, sections 11-45-7 and 11-45-8, as amended, the first of which publi- cations shall be made on or before the 8th day of October, 1981. A copy of this resolution and of said publications shall be carefully preserved by the city clerk in such clerk's office as part of the public records of said office. 3. Three (3) copies of said proposed Code of Ordinances, City of Fairhope, Alabama, and of each of said technical codes adopted in such Code shall be filed in the office of the city clerk by the 28th day of September, 1981, for use and examination by the public from that date through the 26th day of October, 1981, as provided by Code of Alabama 1975, sections 11-45-7 and 11-45-8 as amended. ADOPTED AND APPROVED THIS 28th D4Y OF SEPTEMBER, 1981. ;i 64_(?ag�� - City lerk " AND WHEREAS, the city council of the CiW of Fairhope, Alabama, now finds that said resolution has been complied with, NOW THEREFORE BE IT ORDAINED by the city council of the City of Fairhope, Ala- bama, as follows: SECTION 1. That the Code of Ordinances, consisting of Chapters 1 to 22 eacl inclusive together with the codes, rules and regulations mentioned in said Ord. No �3 Page 2. resolution, is hereby adopted and enacted as the "Code of Ordinances, City of Fairhope, Alabama". Such Code shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the,city council on or before 25 May 1981 to the extent provided in Section 2 hereof. SECTION 2. That all provisions of such Code shall be in full force and effect from and after the 1st day of January, 1982, and all ordinances of a general and permanent nature enacted on or before the date specified in Section 1, and not included in such Code or recognized and continued in force by refe- rence therein are hereby repealed from and after the effective date hereof, except as hereinafter provided. No resolution of the city, not specifically mentioned, is hereby repealed. SECTION 3. That the repeal provided for in Section 2 hereof shall not affect any of the following: (a) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code; (b) Any ordinance promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness; (c) Any contract or obligation assumed by the city; (d) Any ordinance prescribing zoning or subdivision regulations, or zoning particular property; (e) Any right or franchise granted by the city; (f) Any ordinance dedicating, naming, establishing, locating, opening, widening, paving, etc., any street or public way in the city; (g) Any appropriation ordinance; (h) Any ordinance which, by its own terms, is effective only for a stated or limited time; (i) Any ordinance dedicating or accepting any subdivision plat; (j) Any ordinance or resolution not in conflict with such Code regu- lating traffic on specific streets or portions thereof or in specific areas of the city; (k) Any ordinance levying any tax; (1) Any ordinance establishing any utility board; (m) Any ordinance enacted after the date specified in Section 1. SECTION 4. That whenever in this ordinance or such Code an act is pro- hibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this ordinance or such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision shall be punishable by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00); and in addition except as to a corporation, may be punishable by imprisonment or hard labor for the city, or a combination thereof, for a Ordinance No. W , Page 3. period nct exceeding six (6) months, as is provided by section 1-8 of such Code. SECTION 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the city council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, City of Fairhope, Alabama," shall be understood and intended to include such additions and amendments. SECTION 6. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and section 1-8 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty, is provided in such other sect shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. SECTION 7. That a copy of such Code shall be kept on file in the office of the city clerk preserved in looseleaf form or in such other form as the city council may consider most expedient. It shall be the express duty of the city clerk or someone authorized by the clerk to insert in their designated places all amendments or ordinances which indicate the intention of the city council t make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may from time to time be repealed by the city council. A copy of such Code shall be available for all persons desiring to examine the same. SECTION 8. That it shall be unlawful for any person to change or amend by additions or deletions, any part or portion of the Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Fairhope to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance. SECTION 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 10. This ordinance shall become in full force and effect in accordance with law. SECTION 11. This ordinance shall take effect as provided by law after (passage, approval and publication. ADOPTED AND APPROVED THIS c ! DAY OF 41C&/L , 1981.