(A) Repeal of general ordinances. All general codes and ordinances of the town passed prior to the passage of this code are hereby repealed, except such as are referred to herein as being still in force or are by necessary implication herein reserved from repeal, subject to the saving clauses contained in the following section, from which are excluded the following codes or ordinances which are not hereby repealed; tax levy ordinances, appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the town; building ordinances, zoning ordinances and all special ordinances.
(B) Public utility ordinances. No code or ordinance relating to railroads or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the passage of this code of ordinances or by virtue of the preceding section, excepting as this code may contain provision for such matters, in which case this code shall be considered as amending such ordinance or ordinances in respect of such provisions only.
(C) Pending suits.
(1) (1) No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable.
(b) If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
(2) This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
(3) Nothing contained herein shall be construed as abating any action now pending under or by virtue of any general ordinance of the town herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the town under any ordinance or provision thereof in force at the time of the passage of this code of ordinances.
(D) Severability.
(1) If any provision of this code or any provision of any rule or regulation lawfully promulgated hereunder or any application of this code or rule is held invalid or inoperative, such invalidity or inoperativeness shall not affect other provisions or application of the code or rules or regulations.
(2) The Board of Trustees hereby declare that in these regards the provisions of this code and all rules and regulations promulgated hereunder are severable.
(Prior Code, § 111.3)