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and continued in force by reference therein are hereby repealed from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 No resolution of the City is hereby repealed unless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
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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,
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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
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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
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