[HISTORY: Adopted by the Town Council of the Town of Southington as indicated in article histories. Amendments noted where applicable.]
Fees and fines — See Ch. 37.
[Adopted as Ch. 1, §§ 1-2 and 1-11, of the 1989 Code]
In the commission of this Code and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:
- BOARD, COMMISSION, DEPARTMENT
- Boards, commissions, departments are construed as if followed by "of the Town" and include duly authorized representatives.
- Includes businesses, professions, trades and occupations, and every kind of calling.
- The Charter of the Town of Southington, Connecticut, as printed at the beginning of this volume.
- The Code of Ordinances, Town of Southington, Connecticut.
- COUNCIL or TOWN COUNCIL
- The governing body of the Town of Southington.
- The County of Hartford, in the State of Connecticut.
- ENGAGE IN
- Includes "commence," "engage in," "carry on," "conduct," "maintain," "manage" and "operate."
- The use of any gender shall include the other gender.
- Includes wares or merchandise.
- JOINT AUTHORITY
- 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.
- KEEPER or PROPRIETOR
- Includes persons, firms, associations, corporations, clubs, copartnerships and joint ventures, whether acting by themselves or through a servant, agent or employee.
- LICENSE FEE
- Includes any charge imposed for a license, whether the object be regulation or revenue, or both 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.
- OFFICERS, EMPLOYEES
- The title of any officer or employee used in this Code 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, includes 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 includes 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 their employment.
- PERSONAL PROPERTY
- Includes every species of property except real property as defined in this section.
- Includes real and personal property.
- PUBLIC PLACE
- Includes any and all streets, highways and boulevards, alleys or other publicly owned or controlled parks, squares, spaces, grounds and buildings.
- REAL PROPERTY
- Includes lands, tenements and hereditaments.
- Includes any sale, exchange, barter or offer for sale.
- SHALL, MAY, MUST
- "Shall" and "must" are 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" or "this state" means the State of Connecticut.
- STATE LAW, GENERAL LAW OR GENERAL STATUTES
- 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.
- 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.
- Words used in the past or present tense include the future as well as the past and the present.
- VOTE, APPROVAL OR CONSENT
- Except as otherwise provided in connection therewith, the phrase "vote, approval or consent" of the Council or other body means 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 or recorded message capable of comprehension by ordinary visual means.
Editor's Note: The original definition of "fees," which immediately followed this definition, was repealed 10-9-2012.
In the construction of this Code, except as otherwise provided in this Code, words and phrases shall be construed according to the 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.
[Amended 2-10-1997; 10-9-2012]
Whenever in this Code or any other ordinance of the Town, or rule or regulation promulgated by any officer thereof under authority vested in him/her by law or ordinance, any act is prohibited or is declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided, the violation of such ordinance, rule or regulation shall be punished by a fine. Each day any such violation shall continue shall constitute a separate offense. Fines are listed in the Fine Schedule, Chapter 37, Article II, § 37-2, and posted on the Town of Southington website.
The imposition of any punishment under this Code shall not prevent the enforced abatement of any lawful condition by the Town.
In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the Corporation Counsel may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
Any condition caused or permitted to exist in violation of any of the provisions of this Code, officially designated as such, and each day that such condition continues shall be regarded as a new and separate offense.
The compilation of the ordinances of the Town of Southington of a general and permanent nature, codified and consolidated into chapters and sections in the form attached hereto and made a part hereof, and consisting of Chapters 1 through 400, is hereby approved, adopted, ordained, and enacted as the "Code of the Town of Southington, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Southington" shall be in force and effect on and after the effective date of this ordinance.
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
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 copy of the Code has been filed in the office of the Town Clerk of the Town of Southington 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 Southington, 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 Southington, 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. Whenever such additions, deletions, amendments, or supplements to the Code shall be enacted or adopted, they shall thereafter be inserted in the Code as amendments and supplements thereto.
It shall be the duty of the Town Clerk, or someone authorized and directed by the Town Clerk, to keep up-to-date the certified copy of the Code of the Town of Southington 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.
Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk of the Town of Southington or an authorized agent of the Town Clerk upon the payment of a fee to be set by regulation of 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 Southington, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Southington to be misrepresented thereby, shall, upon conviction thereof, be subject to a fine of not more than $150.
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. If any provision of this Code or the application thereof to any person or circumstance is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
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 a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this ordinance; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Southington which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and repeal of ordinances provided for in § 1-13 of this ordinance shall not affect the following ordinances, rights, and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to May 28, 2013.
Any right or liability established, accrued, or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provisions or any penalty, punishment, or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit, or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
Any franchise, license, right, easement, or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, changing of boundaries, improvement, acceptance, or vacation of any right-of-way, easement, street, road, highway, park, or other public place or any portion thereof.
Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money, or authorizing the issuance and delivery of any bond or other instruments or evidence of the Town's indebtedness.
Ordinances authorizing the purchase, sale, lease, or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments, or charges or granting of tax exemptions for certain property.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances accepting gifts of property or other items to the Town.
The Zoning Regulations and any amendments thereto, and any ordinance or regulation adopting or amending a zoning map.
The Stormwater Management Ordinance and any amendments thereto.
In compiling and preparing the ordinances for adoption and revision as part of the Code, certain grammatical changes and other minor 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 so changed had been previously formally amended to read as such.
The amendments and 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.)
Editor's Note: In accordance with § 1-15B, 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 II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-9-2013." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication as required by law.