[HISTORY: Adopted by the Town Council of the Town of Plainville
as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. In the construction of this Code and of all ordinances,
the following terms shall have the meanings indicated, unless the
context clearly indicates otherwise:
COUNCIL
The Town Council of the Town of Plainville.
COUNTY
The County of Hartford in the State of Connecticut.
KEEPER and PROPRIETOR
Includes persons, firms, associations, corporations, clubs
and copartnerships, whether acting by themselves or through a servant,
agent or employee.
OWNER
Applied to a building or land, includes any part owner, joint
owner, tenant in common, joint tenant, or tenant by the entirety of
the whole or of a part of such building or land.
PARK
Includes a park, reservation, playground, play field, building,
swimming pool, beach, recreation center and any other area in the
Town owned, leased, controlled or administered by the Town and used
for or devoted to active or passive recreation.
PERSON
Shall extend and be applied to associations, firms, partnerships
and bodies politic and corporate as well as to individuals.
PERSONAL PROPERTY
Includes every species of property except real property,
as herein defined.
PROPERTY
Includes real and personal property.
PUBLIC PLACE
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.
SIDEWALK
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians, excluding parkways.
STATE
The State of Connecticut.
STREET
Streets, avenues, boulevards, roads, alleys, lanes, viaducts
and all other public ways.
TENANT; OCCUPANT
Applied to a building or land, 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.
TOWN
The Town of Plainville in the County of Hartford and the
State of Connecticut.
B. In the construction of this Code and of all ordinances,
the following rules shall be observed, unless the context clearly
indicates otherwise:
(1) Gender. The use of any gender shall include the other
genders. 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.
(2) Number. The use of the singular shall include the
plural, and the use of the plural shall include the singular. 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.
(3) Tense. Words used in the past or present tense include
the future as well as the past and present.
(4) Delegation of authority. Whenever a provision appears
requiring the head of a department or an officer of the Town to do
some act or make certain inspections, it is to be construed to authorize
the head of the department or officer to designate, delegate and authorize
subordinates to perform the required act or make the required inspections
unless the terms of the provision or section designate otherwise.
(5) Officers and employees. 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.
The catchlines of the several sections of this
Code printed in boldface type are intended as mere catchwords to indicate
the contents of the sections and shall not be deemed or taken to be
titles of such sections, nor as any part of the sections, nor, unless
expressly so provided, shall they be so deemed when any of such sections,
including the catchlines, are amended or reenacted.
All ordinances passed subsequent to this Code
of Ordinances which amend, repeal or in any way affect this Code of
Ordinances may be numbered sequentially and shall make reference to
the portion of this Code intended to be affected and shall be printed
for inclusion herein. In the case of chapters, parts, articles, sections
and subsections, or any part thereof, repealed by subsequent ordinances,
such repealed portions may be excluded from the Code by omission from
reprinted pages affected thereby.
The repeal of an ordinance shall not revive
any ordinance in force before or at the time the ordinance repealed
took effect, unless expressly stated. 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.
Whenever in this Code or in any other ordinance,
rule or regulation promulgated by any officer or agency of the Town
under authority vested in him or it by law or ordinance any act is
prohibited or declared to be unlawful or the doing of any act is required
or the failure to do any act is declared to be unlawful, and no specific
penalty is provided therefor either by this Code or state law, the
violation of any such provision of this Code or any other ordinance,
rule or regulation shall be punished by a fine not exceeding $250.
Each day any violation of any provision of this Code or any other
ordinance, rule or regulation of the Town continues shall constitute
a separate offense. The imposition of any punishment hereunder shall
not prevent the enforced abatement of any unlawful condition by the
Town.
The compilation of the ordinances of the Town of Plainville, codified and consolidated into chapters, articles and sections in the form attached hereto and made a part hereof, and consisting of Chapters
1 through
374, is hereby approved, adopted, ordained and enacted as the "Code of the Town of Plainville, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Plainville" 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 ordinances in force immediately prior to the enactment
of the Code by this ordinance, are intended as a continuation of such
ordinances and not as new enactments, and the effectiveness of such
provisions shall date from the date of adoption of the prior ordinance.
All such provisions are hereby continued in full force and effect
and are hereby reaffirmed as to their adoption by the Town.
A. All ordinances
or parts of ordinances of the Town of Plainville 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.
B. The adoption of this Code and the repeal of ordinances provided for in Subsection
A of this section shall not affect the Town Zoning and Subdivision Regulations, which are hereby expressly saved from repeal.
C. The following
ordinances are specifically repealed:
(1) Ordinance
No. 4, adopted January 24, 1956: Bylaws Prohibiting the Throwing or
Placing of Waste Materials in the Highways of the Town of Plainville,
Regulating the Disposal of the Same, and Providing a Penalty for Violating
Thereof.
(2) Ordinance
No. 9, adopted September 26, 1960: Ordinance Regarding Town of Plainville
Participation in Regional Planning.
(3) Ordinance
No. 10, adopted July 10, 1961: Ordinance Regarding Pollution of Water
in the Town of Plainville.
(4) Ordinance
No. 11, adopted July 16, 1962: Ordinance Regarding the Department
of Public Works.
(5) Ordinance
No. 12, adopted October 15, 1962: An Ordinance Relating to the Obstruction
or Pollution of Any River, Stream, Brook or Watercourse in the Town
of Plainville.
(6) Ordinance
No. 21, adopted July 7, 1969: Specifications for Street Construction
Within the Town of Plainville.
(7) Ordinance
No. 33, adopted June 2, 1975: Ordinance Relating to Installation,
Repair and Maintenance of Sidewalks.
(8) Ordinance
No. 36, adopted June 21, 1976: Ordinance Establishing the Youth Commission.
(9) Ordinance
No. 37, adopted May 16, 1977: An Ordinance Concerning Property Tax
Exemption for Solar Energy Systems.
(10) Ordinance
No. 42, adopted October 6, 1980: An Ordinance Concerning Property
Tax Exemption for Buildings Equipped With A Passive Solar System.
If any clause, sentence, paragraph, section, article or part
of this ordinance or of any ordinance appearing in the Code or included
in this Code through supplementation, or the application thereof to
any person or circumstances, shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof or the application thereof to
other persons and circumstances but shall be confined in its operation
to the clause, sentence, paragraph, section, article or part thereof
and the persons and circumstances directly involved in the controversy
in which judgment shall have been rendered.
A copy of the Code has been filed in the office of the Town
Clerk of the Town of Plainville 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 Plainville, 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 in the Code of the Town of Plainville, or
any new ordinances, when enacted or adopted in such form as to indicate
the intention that they 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.
It shall be the duty of the Town Clerk to keep up-to-date the
certified copy of the Code of the Town of Plainville 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 subsequent to
the enactment of this ordinance in such form as to indicate the intention
that they 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 included as supplements to said Code book.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Town Clerk of the Town of Plainville or an authorized
agent of the Town Clerk upon the payment of a fee to be set by the
Town Council. The Town Clerk may also arrange 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 Plainville, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Plainville to be misrepresented thereby, or who violates any other provision of this ordinance, shall, upon conviction thereof, be subject to a fine as provided in §
1-5 of the Code.
A. In compiling and preparing the ordinances for publication as the Code of the Town of Plainville, no changes in the meaning or intent of such ordinances have been made, except as provided in Subsections
B and
C of this section. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Town Council 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. The following
changes are made throughout the Code: the term "Chairman" is amended
to "Chairperson"; the title "Director of Public Safety" is amended
to "Director of Safety": the title "Finance Director" is amended to
"Director of Finance"; and the title "Tax Collector" is amended to
"Revenue Collector."
C. The amendments
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.)
This ordinance shall take effect upon passage and publication
as required by law.