§ 1-2-1 REPEAL OF GENERAL ORDINANCES; EXCEPTIONS.

   (A)   All general ordinances of the town passed prior to the adoption of this code are hereby repealed, except such as are included in this code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed:

      (1)   Ordinances promising or guaranteeing the payment of money for the town, or authorizing the issuance of any bonds of the town, or any evidence of the town’s indebtedness;

      (2)   Any appropriation ordinance providing for the levy of taxes or prescribing salaries for town officers;

      (3)   Ordinances relating to boundaries and annexations;

      (4)   Franchise ordinances and other ordinances granting special rights to persons or corporations;

      (5)   Contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants, or accepting the beneficial interest in any trust;

      (6)   Ordinances establishing, naming, or vacating streets, alleys, or other public places;

      (7)   Improvement ordinances;

      (8)   Ordinances relating to elections;

      (9)   Ordinances relating to the transfer or acceptance of real estate by or from the town; and

      (10)   All special ordinances.

   (B)   All such ordinances shall continue in full force and effect to the same extent as if fully set out herein.

(Prior Code, § 1-2-1)

§ 1-2-2 PUBLIC WAYS AND PUBLIC UTILITY ORDINANCES.

   No ordinance relating to 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with streets and other public ways, or relating to the conduct, duties, service, or rates of public utilities, shall be repealed by virtue of the adoption of this code or by virtue of § 1-2-1, excepting as this code may contain provisions for such matters, in which case, this code shall be considered as amending such ordinance or ordinances in respect to such provisions only.

(Prior Code, § 1-2-2)

§ 1-2-3 REFERENCE TO SPECIFIC ORDINANCES.

   The provisions of this code shall not, in any manner, affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number, or otherwise, and which are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code.

(Prior Code, § 1-2-3)

§ 1-2-4 COURT PROCEEDINGS: EFFECT OF REPEAL.

   (A)   Prior acts.

      (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. If any penalty, forfeiture, or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

      (2)   The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.

   (B)   Extend to all repeals. 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.

   (C)   Current pending actions. Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the town herein repealed, and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this chapter be deemed 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 adoption of this code.

(Prior Code, § 1-2-4)

§ 1-2-5 SEVERABILITY CLAUSE.

   It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases of this code, or any codes or portions of codes adopted herein, are severable, and if any phrase, clause, sentence, paragraph, or section of this code or any code adopted herein, or of any ordinance in this code shall be declared unconstitutional, illegal, or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this code, or of any codes or portions of codes adopted herein.

(Prior Code, § 1-2-5)