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Lewiston Code Chapter 1 CH 1:1 PART II CITY OF LEWISTON CODE OF ORDINANCES Chapter 1 GENERAL PROVISIONS Sec. 1-1. Designation and citation of Code. Sec. 1-2. Definitions and rules of construction. Sec. 1-3. Catchlines, history notes and references. Sec. 1-4. Amendments to Code. Sec. 1-5. Unauthorized alteration or tampering with Code. Sec. 1-6. Effect of repeal of ordinances. Sec. 1-7. Severability of parts of Code. Sec. 1-8. General penalty for violation of Code; continuing violations. Sec. 1-9. Certain ordinances, rights, etc., not affected by Code. ---PAGE BREAK--- GENERAL PROVISIONS Lewiston Code Chapter 1 CH 1:2 Sec. 1-1. Designation and citation of Code. The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Lewiston, Maine," and may be so cited. (Code 1982, § 1-1) State law references: Municipal authority to codify, 30-A M.R.S.A. § 3004. Sec. 1-2. Definitions and rules of construction. In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the city council. The rules of construction and definitions set out in this section shall not be applied to any section of this Code which shall contain any express provision excluding such construction, or where the subject matter or context of such section may be repugnant thereto. Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. In the interpretation and application of any provisions of this Code, such provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Charter. The words "the Charter" or "this Charter" shall mean the Charter of the City of Lewiston, Maine. City. The words "the city" or "this city" shall mean the City of Lewiston, Maine. City council, council. Whenever the words "council" or "city council" are used, they shall be construed to mean the city council of the City of Lewiston, Maine. Code. The words "the Code" or "this Code" shall mean the Code of Ordinances, City of Lewiston, Maine. Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall not be counted in computing the time, but the day on which such proceeding is to be held shall be counted. Corporate or city limits. The terms "corporate limits" or "city limits" shall mean the legal boundaries of the City of Lewiston, Maine. County. The words "the county" or "this county" shall mean the County of Androscoggin in the State of Maine. Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise. ---PAGE BREAK--- GENERAL PROVISIONS Lewiston Code Chapter 1 CH 1:3 Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males. Inhabitant. The word "inhabitant" shall mean a person having an established residence in the city. Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. May. The word "may" is permissive. Mayor. The term "mayor" shall mean the mayor of the city. Month. The word "month" shall mean a calendar month. M.R.S.A. The abbreviation "M.R.S.A." shall mean the latest edition of the Maine Revised Statutes Annotated, as amended. Municipal officers. The term "municipal officers" shall mean the members of the city council. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. Oath. The word "oath" includes an affirmation, when affirmation is allowed. Affirmation is allowed when a person required to be sworn is conscientiously scrupulous of taking an oath. Officials, boards, commissions. Whenever reference is made to officials, boards and commissions by title only, i.e., "city council," "city clerk," "the mayor," etc., they shall be deemed to refer to the officials, boards and commissions of the City of Lewiston, Maine. Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it. Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals. Personal property. The term "personal property" includes every species of property except real property, as defined in this section. Preceding, following. The words "preceding" and "following" mean next before and next after, respectively. Property. The word "property" shall include real and personal property. Real property. The term "real property" shall include lands, tenements and hereditaments. Shall. The word "shall" is mandatory. ---PAGE BREAK--- GENERAL PROVISIONS Lewiston Code Chapter 1 CH 1:4 Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways. Signature or subscription. The word "signature" or "subscription" includes a mark when the person cannot write. State. The words "the state" or "this state" shall be construed to mean the State of Maine. Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the city, and shall include all areas thereof embraced between the property lines and dedicated to the public use. Tenant or occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others. Tense. Words used in the past or present tense include the future as well as the past and present. Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. Year. The word "year" shall mean a calendar year. (Code 1982, § 1-2) State law references: Similar provisions, 1 M.R.S.A. § 72. Sec. 1-3. Catchlines, history notes and references. The catchlines of the sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. The history notes appearing in parentheses after each section and the references and notes scattered throughout the Code are for the benefit of the user of the Code and shall have no legal effect. (Code 1982, § 1-3) Sec. 1-4. Amendments to Code. All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by the omission thereof from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the city council. (Code 1982, § 1-4) ---PAGE BREAK--- GENERAL PROVISIONS Lewiston Code Chapter 1 CH 1:5 Sec. 1-5. Unauthorized alteration or tampering with Code. It shall be unlawful for any person in the city to change or amend, by additions or deletions, any part or portions of this 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 to be misrepresented thereby. (Code 1982, § 1-5) Sec. 1-6. Effect of repeal of ordinances. When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revise such former ordinance, clause or provision unless it shall be therein so expressly provided. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed. (Code 1982, § 1-6) Sec. 1-7. Severability of parts of Code. The sections, subsections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs, subsections and sections of this Code. (Code 1982, § 1-7) Sec. 1-8. General penalty for violation of Code; continuing violations. Every person who shall be guilty of violating any provision of this Code to which a particular penalty is not annexed shall forfeit and pay a sum, in accordance with the city's policy manual as approved by the city council, to be recovered for the use of the city on complaint or by other appropriate action before the district court. The imposition of a penalty for violation of any ordinance shall not excuse the violation, or permit it to continue; such violation shall be remedied within a reasonable time, and for each ten days that the violation is permitted to continue a separate offense will accrue. The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions. The imposition of penalties for violation of this Code or any ordinance shall not preclude the city attorney from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, removal, maintenance or use, or to restrain, correct or abate a violation or to prevent the occupancy of a building, structure or premises, or to prevent an illegal act, conduct, business or use in or about any premises. (Code 1982, § 1-8; Ord. No. 08-06a, 8-14-08) Charter references: Penalty for violation of ordinances, § 1.01. ---PAGE BREAK--- GENERAL PROVISIONS Lewiston Code Chapter 1 CH 1:6 Sec. 1-9. Certain ordinances, rights, etc., not affected by Code. Nothing in this Code or the ordinance adopting this Code shall affect 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, or any contract or obligations assumed by the city; Containing any administrative provisions of the council not in conflict or inconsistent with the provisions of this Code; Prescribing rates for city utility services; Granting any right or franchise and establishing any rates therefor; Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city; Making any appropriation; Levying or imposing taxes, not inconsistent with this Code; Providing for local improvements and assessing taxes therefor; Dedicating or accepting any plat or subdivision in the city; (10) Adopting, extending or contracting the boundaries of the city; (11) Prescribing the number, classification, or compensation of any city officers, employees or agents, not inconsistent herewith; (12) Pertaining to zoning; (13) Any other ordinance, or part thereof, which is not of a general and permanent nature; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the office of the city clerk. Nothing in this Code or the ordinance adopting this Code shall affect 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 this Code.