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HomeMy WebLinkAboutO-290ORLINANCE NO. 290 AN ORLINANCE ADOPTING Ai,L LEACTING A NLV, CODE OF ORDINAIgCLS OF TH : CITY OF' FAIRFOPE,, ALABAMA: ESTABLISHING THE SALM: PROVILING FOR THE REPEAL OF CLhTAIN OhLINANCLS I'OT INCLULED THEhLIN, EXCEPT AS. HLREIN E.XPELSSLY PEOVIDEL: PROVILING FOR THE LFFECTIVL LATE OF SUCE COLL AYE PhOVIIING A PENALZY FCR ThL VIOLATION THERLCF: AND PRO* VILIITG FOR THL, I'A.:NLR OF AI.i.I-,LII�G SUCH CODE. BL IT ChLAINEL BY TFL CITY COUNCIL OF THE CITY OF FAIhY_CPF, ALABAI4"A: Section 1. That the Code of Ordinances, consisting of Chapters 1 to 22, each inclusive, which Code of Ordinances has been published by the IY7unicipal Code Corporation of Tallahassee, Florida for the City of Fairhope, copies of which are on file with the City Clerk of the City of Fairhope, is hereby adopted and enacted as the "Code of Ordinances, City of Fairhope, Alabama", and shall be treated and considered as a new and original compre- hensive ordinance which shall superseee all other general and permanent ordinances passed by the City Council on or before the loth day of April, 1962, 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 15th day of Nov. , 1962, and all ordinances of a general and permanent nature of the City of Fairhope, enacted on final passage on or before the loth. day of April, 1962, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the loth. day of April, 1962, except as hereinafter provided. No resolution of the City is hereby repealed unless specifically mentioned for repeal. Section 3 That the repeal provided for in Section 2 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right establisred or accuring before the effective date of such Code; nor shall such repeal affect any ordinance or resolution promising or guaranteeing - Page 1 - the payment of meney for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebted- ness, or any contract or obligptions assumed by the City; nor shall such repeal affect the administrative ordinances or .resolu- tions of the City Council not in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect any right or franchise granted by the City; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widersiog, vacating, etc., any street or public way in the City; nor shall such repeal affect any appropriation ordinance; nor shall such repeal affect any ordinance establishing or prescribing tree street grades of any street in the City; nor shall such repeal affect any ordinance providing for local improvements and assessing taxes therefor; nor shall such repeal affect any ordinance dedicating or accept- ing any plat or subdivision in the City; nor shall such a repeal affect any ordinance prescribing or extending the boundaries of the City; nor shall such repeal affect any license laws of the City; nor shall such repeal affect any planning, zoning and subdivision regulations of the City; nor shall such repeal affect any ordinance enacted after the 9th day of April, 1962; nor shall such repeal be construed -to revive any ordinance or• part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4_ That whenever in such Code an act is prohibited or is made or• declared to be unlawful or an offense or a misdemeanor, or whenever in 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 of such Code shall be punished by a fine of not more than one hundred dollars (Jr100.00) or by imprisonment or hard labor for not more than six (6) months, or by both such fine and imprisonment, - ?age 2 - as provided in Section 1-8 of such Code. Section 5. That any and all acditions anr' 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 of the City of Fairhope, shall be understood and intended to include such additions and amendments. Section 6. The case of the amendment of any section of such Code for vhich a penalty is not provided, tre 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 amend- ment contains provisions for which a penalty, other than the afore- mentioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such .oenalty is specifically repealed therein. Section .,. 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 Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the Game a part of such Code, when the same have been printed or re- printed in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persone 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 such 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 - Page 3 - Section 4 of this ordinance. Secti.on9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. This ordinance shall become effective on the 15th. day of Nov., 1962. aa < (✓d Approv Z Joe Schneider Mayor Attes s -lot . P"o re C ty Clerk I, Marie h0oore, City Clerk, of the City of Fairrhope, Alabama, hereby certify that the foregoing Ordinance is a true and correct copy of Ordinance No. 290, adopted by the Council of the City of Fairhope, Alabama, in an open meeting at the regu- lar session thereof held on, the day of (Oct , 1962, and duly published in the Fairhope Courier, on the/-5u-day of �., 1962. City C erk - Page 4 -