[HISTORY: Art. I, adopted by the Special Town Meeting of
the Town of Bethany 12-7-1992. Amendments noted where applicable.]
[Adopted by the STM 12-7-1992]
A.Â
The
compilation of the ordinances and regulations of the Town of Bethany,
codified and consolidated into parts, chapters and sections in the
form attached hereto and made a part hereof, is hereby approved, adopted,
ordained and enacted as the "Code of the Town of Bethany, Connecticut,"
hereinafter called the "Code." All provisions contained in the compilation
provided for herein and known as the "Code of the Town of Bethany"
shall be in force and effect on and after the effective date of this
ordinance.
B.Â
The
adoption of the Code of the Town of Bethany shall have no affect on
nor shall the adoption of this ordinance in any way affect the authority,
powers, duties or responsibilities of the Board of Selectmen by virtue
of the inclusion in said Code of the regulations adopted by said Board,
nor shall the regulations of the Board of Selectmen be affected thereby,
except as the regulations may have been amended by action of the Board.
The provisions of the Code, insofar as they are substantively
the same as those ordinances and regulations in force immediately
prior to the enactment of the Code by this ordinance, are intended
as a continuation of such ordinances and regulations and not as new
enactments, and the effectiveness of such provisions shall date from
the date of adoption of the prior ordinance or regulation. All such
provisions are hereby continued in full force and effect and are hereby
reaffirmed as to their adoption by the Town Meeting.
All ordinances and regulations or parts thereof of the Town
of Bethany of a general and permanent nature in force on the date
of the adoption of this ordinance which are inconsistent with any
provisions of the Code are hereby repealed from and after the effective
date of this ordinance; provided, however, that nothing herein shall
be construed as repealing or altering the zoning, subdivision or inland
wetlands regulations of the town.
If any clause, sentence, paragraph, section, Article or part
of this ordinance or of any ordinance or regulation appearing in the
Code or included in this Code through supplementation shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the clause, sentence, paragraph, section,
Article or part thereof directly involved in the controversy in which
judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the
office of the Town Clerk of the Town of Bethany and shall remain there
for use and examination by the public until final action is taken
on this ordinance; and, if this ordinance shall be adopted, such copy
shall be certified to by the Town Clerk of the Town of Bethany by
impressing thereon the Seal of the Town of Bethany, and such certified
copy shall remain on file in the office of said Town Clerk to be made
available to persons desiring to examine the same during all times
while said Code is in effect. The enactment and publication of this
ordinance, coupled with the availability of a copy of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of the Code for all
purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances or regulations known collectively as the
"Code of the Town of Bethany," or any new ordinances or regulations,
when enacted or adopted in such form as to indicate the intention
of the Town Meeting to be a part thereof, shall be deemed to be incorporated
into such Code so that reference to the Code shall be understood and
intended to include such additions, deletions, amendments or supplements.
Whenever such additions, deletions, amendments or supplements to the
Code shall be enacted or adopted, they shall thereafter be printed
and, as provided hereunder, inserted in the loose-leaf book containing
said Code, as amendments and supplements thereto. Nothing contained
in this ordinance shall affect the status of any ordinance or regulation
contained herein, and such ordinances and regulations may be amended,
deleted or changed from time to time as the Town Meeting deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the
certified copy of the book containing the Code of the Town of Bethany
required to be filed in the office of the Town Clerk for use by the
public. All changes in said Code and all ordinances adopted by the
Town Meeting subsequent to the enactment of this ordinance in such
form as to indicate the intention of said Meeting to be a part of
said Code shall, when finally enacted or adopted, be included therein
by temporary attachment of copies of such changes until such changes
are printed as supplements to said Code book, at which time such supplements
shall be inserted therein.
Copies of the Code may be purchased from the Town Clerk of the
Town of Bethany upon the payment of a fee to be set by resolution
of the Board of Selectmen, which Board may also arrange by resolution
for procedures for the periodic supplementation thereof.
Any person who, without authorization from the Town Clerk, changes
or amends, by additions or deletions, any part or portion of the Code
of the Town of Bethany, or who alters or tampers with such Code in
any manner whatsoever which will cause the legislation of the Town
of Bethany to be misrepresented thereby, or who violates any other
provision of this ordinance, shall be guilty of an offense and shall,
upon conviction thereof, be subject to a fine of not more than $90.
A.Â
In compiling and preparing the ordinances and regulations for publication
as the Code of the Town of Bethany, no changes in the meaning or intent
of such ordinances or regulations have been made, except as have been
made by formal amendment thereto. Certain grammatical changes and
other minor nonsubstantive changes were made in one or more of said
ordinances and regulations, as authorized by the Town Meeting. It
is the intention of the Town Meeting that all such changes be adopted
as part of the Code as if the ordinances and regulations had been
previously formally amended to read as such.
B.Â
In addition, the following changes, amendments or revisions are made
herewith, to become effective upon the effective date of this ordinance.
(Chapter and section number references are to the legislation as it
has been renumbered and appears in the Code.)[1]
[1]
Editor's Note: Pursuant to § 1-10B, the following sections were added or amended: §§ 12-1, 12-2, 24-1, 28-1, 28-2, 28-3, 45-1, 54-1, 54-2Q, 54-8, 76-5, 84-1, 84-2, 84-3, 88-1, 92-1, 95-2, 97-1, 157-9C, 161-2, 170-1, 184-1, 184-2, 184-3A, 184-4, 184-5, 190-5, 190-6 and 190-8. The following original sections were deleted: Section 3 of an ordinance adopted by the ATM 5-22-1956 (see Ch. 95) and Section 9 of an ordinance adopted by the STM 3-9-1966 (see Ch. 114). A complete description of these changes is on file in the office of the Town Clerk.
This ordinance shall be effective 15 days after publication
in a newspaper having a circulation in the Town of Bethany.
[During the process of codification, certain new pieces of
legislation or changes and/or additions to various existing pieces
of legislation were approved for inclusion in the Code of the Town
of Bethany. Such amendments and new enactments are noted in the histories
of individual chapters as "... adopted during codification; see Ch.
1, General Provisions, Art. II." Upon final enactment, a complete
enumeration of all chapters and sections in the Code involved in such
enactments will be included in this Article, along with specific dates
of adoption.]
