[HISTORY: Adopted by the Town Meeting of the Town of Middlefield
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty; citations and enforcement — See Ch. 46.
[Adopted 10-3-2016]
The compilation of the ordinances of a general and permanent nature of the Town of Middlefield, as revised, codified and consolidated into chapters and sections, and consisting of Chapters 1 through 399, together with an Appendix, is hereby approved, adopted, ordained and enacted as the "Code of the Town of Middlefield, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Middlefield" shall be in force and effect on and after the effective date of this ordinance.
The provisions of the Code, insofar as they are substantively
the same as those of the legislation in force immediately prior to
the enactment of the Code by this ordinance, are intended as a continuation
of such legislation and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
legislation.
A copy of the Code, in loose-leaf form, has been filed in the
office of the Town Clerk 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, 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 Clerk of the Town of Middlefield shall cause to be published,
in the manner required by law, a copy of this Adoption Ordinance.
Sufficient copies of the Code shall be maintained in the office of
the Clerk for inspection by the public at all times during regular
office hours. 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 the Code, when adopted in such form as to indicate the intention
of the Town Meeting to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Town of Middlefield" 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 adopted,
they shall thereafter be printed and, as provided hereunder, inserted
in the loose-leaf book containing said Code as amendments and supplements
thereto.
It shall be the duty of the Town Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the book containing the Code required to be filed in the Clerk's
office for use by the public. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk or an authorized agent of the Clerk upon
the payment of a fee to be set by the Town Meeting. The Clerk may
also arrange for procedures for the periodic supplementation of the
Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the Town of Middlefield to be misrepresented thereby. Anyone
violating this section or any part of this ordinance shall be subject,
upon conviction, to a fine of not more than $250.
A.
Severability
of Code provisions. Each section of the Code and every part of each
section is an independent section or part of a section, and the holding
of any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
B.
Severability
of ordinance provisions. Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of the Town of Middlefield
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.
A.
Nothing in this Code or the ordinance adopting this Code shall be
construed to repeal or otherwise affect the validity of any of the
following:
(1)
Any ordinance promising or guaranteeing the payment of money for
the Town, or any evidence of the Town's indebtedness;
(2)
Any appropriation ordinance providing for the levy of taxes or for
any annual budget;
(3)
Any order annexing territory to the Town or excluding territory as
a part of the Town;
(4)
Any ordinance granting any franchise, permit or other right;
(5)
Any Zoning Ordinance or amendment thereto;
(6)
Any Subdivision Ordinance or amendment thereto;
(7)
Any ordinance creating a special services district;
(8)
Any ordinance approving, authorizing or otherwise relating to any
contract, agreement, lease, deed or other instrument;
(9)
Any ordinance adopting a preliminary or development plan;
(10)
Any temporary or special ordinance.
B.
All ordinances pursuant to this section are hereby recognized as
continuing in full force and effect to the same extent as if set out
at length in this section.
A.
The repeal of an ordinance shall not revive any ordinances in force
before or at the time the ordinance repealed took effect, unless expressly
stated.
B.
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
under the ordinance repealed.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Middlefield, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Meeting that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set forth in Schedule
A, attached hereto and made a part hereof, are made herewith, to become
effective upon the effective date of this ordinance. (Chapter and
section number references are to the ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-13B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 10-3-2016." Schedule A, which contains a complete description of all the changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication
as required by law.
[Adopted as Ch. 1, §§ 1-2 and 1-9, of the
1990 Code]
A.
BOARD OF SELECTMEN
BUSINESS
CHARTER or THIS CHARTER or THE CHARTER
CODE or THIS CODE or THE CODE
COUNTY or THE COUNTY or THIS COUNTY
ENGAGE IN
FIRST SELECTMAN
GENDER
GOODS
JOINT AUTHORITY
KEEPER and PROPRIETOR
LICENSE FEE
NUMBER
OATH
OFFICE
OFFICERS, EMPLOYEES
OPERATE
OWNER
PERSON
PERSONAL PROPERTY
PROPERTY
PUBLIC PLACE
REAL PROPERTY
SALE
SHALL, MAY, MUST
SIDEWALK
STATE
STATE LAW, GENERAL LAW or GENERAL STATUTES
STREET
TENANT, OCCUPANT
TENSE
TOWN
VOTE, APPROVAL or CONSENT
WRITING
In the construction of this Code and of all ordinances, the following
rules shall be observed, unless the context clearly indicates otherwise:
The Board of Selectmen of the Town of Middlefield, Connecticut.
Includes businesses, professions, trades and occupations,
and every kind of calling.
The Charter of the Town of Middlefield, Connecticut, as printed
in the beginning of this volume.
The Code of Ordinances, Town of Middlefield, Connecticut, as designated in Article I of this chapter.
The County of Middlesex in the State of Connecticut.
Includes "commence," "engage in," "carry on," "conduct,"
"maintain," "manage" and "operate."
The First Selectman of the Town of Middlefield, Connecticut.
The use of any gender shall include the other genders.
Includes wares or merchandise.
All words given in joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
Includes persons, firms, associations, corporations, clubs,
copartnerships and joint ventures, whether acting by themselves or
through a servant, agent or employee.
Includes any charge imposed for a license, whether the object
be regulation or revenue, or both by regulation and revenue, but when
applied to any business, profession, occupation, trade or calling
regulated by the state as a matter of statewide concern, the object
shall be revenue only.
The use of the singular shall include the plural and the
use of the plural shall include the singular.
Includes an affirmation.
The use of the title of any officer, employee or office of
the Town, unless otherwise specifically designated.
[Amended 10-3-2016]
The title of any officer or employee used herein shall be
construed as if the words "of the Town" followed it, and shall include
his duly authorized representative.
Includes "carry on," "keep," "conduct," "maintain" or "manage."
When applied to a building or land, shall include any part
owner, joint owner, or owner of a community or partnership interest,
life tenant, tenant in common, or joint tenant, of the whole or a
part of such building or land.
Natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, organization,
or the manager, lessee, agent, servant, officer or employee of any
of them, and shall include all political subdivisions and governmental
agencies (except the United States of America and the state), and
every department of such political subdivisions, together with every
officer and employee thereof while working in the course of his employment.
Includes every species of property except real property as
herein defined.
Includes real and personal property.
Includes any and all streets, highways and boulevards, alleys
or other publicly owned or controlled ways and any and all publicly
owned or controlled parks, squares, spaces, grounds and buildings.
Includes lands, tenements and hereditaments.
Includes any sale, exchange, barter or offer for sale.
"Shall" or "must" means mandatory; "may" is permissive.
The paved portion of a street between the street right-of-way
and the adjacent property line, intended for the use of pedestrians.
The State of Connecticut.
Refers to the General Statutes of Connecticut, Revision of
1958, as amended.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of public
for purposes of vehicular or pedestrian travel, including, but not
limited to, alleys, lanes, courts, greens, public squares and places,
and sidewalks.
Includes any person holding a written or oral lease of, or
who occupies, the whole or a part of such building or land, either
alone or with others.
Words used in the past or present tense include the future
as well as the past and the present.
The Town of Middlefield, Connecticut or the area within the
territorial limits of the Town and such territory outside of the Town
over which the Town has jurisdiction or control by virtue of any constitutional
or Charter provisions.
Except as otherwise provided in connection therewith, the
phrase "vote, approval or consent" of the council or other body shall
mean the affirmation vote of a majority of those members present at
a meeting having a quorum in attendance. Whenever such phrase refers
to the members of the council or other body rather than the council
or body as such, the vote required shall be in relation to the total
membership rather than to those present at the meeting.
Includes any form of recorded message capable of comprehension
by ordinary visual mean.
B.
In the construction of this Code, except as otherwise provided in
this Code, words and phrases shall be construed according to the Connecticut
General Statutes; technical words and phrases, and such as have acquired
a peculiar and appropriate meaning in the law, shall be construed
and understood accordingly.
Whenever a notice is required to be given under this Code, unless
different provisions herein are otherwise specifically made, such
notice may be given either by personal delivery thereof to the person
to be notified or by deposit in the United States Mail in a sealed
envelope, postage prepaid, addressed to such person to be notified
at his last known business or residence address as the same appears
in the public records or other records pertaining to the matter to
which to which such notice is directed. Service by mail shall be deemed
to have been completed at the time of deposit in the post office or
any United States Mail box. Proof of giving any notice may be made
by certificate of any officer or employee of this Town or by affidavit
of any person over the age of 18 years which shows service in conformity
with this Code or other provisions of law applicable to the subject
matter concerned.
