The compilation of the ordinances of the Town of Canton 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
405, is hereby approved, adopted, ordained, and enacted as the "Code of the Town of Canton, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Canton" 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 Canton 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 Canton, 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 Canton, 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 Canton 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 Canton or an authorized
agent of the Town Clerk upon the payment of a fee to be set by regulation
of the Board of Selectmen. 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 Canton, or who alters or tampers with such Code in
any manner whatsoever which will cause the legislation of the Town
of Canton to be misrepresented thereby, shall, upon conviction thereof,
be subject to a fine of not more than $90.
If any phrase, clause, sentence, paragraph, or section of this
Code or of any regulation established pursuant to the terms of this
Code is declared invalid or unconstitutional by the valid judgment
or decree of a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, or sections of this Code or such regulation
nor the context in which the phrase, clause, sentence, paragraph,
or section so held invalid may appear, except to the extent that a
phrase, clause, sentence, paragraph, or section may be inseparably
connected in meaning and effect with the phrase, clause, sentence,
paragraph, or section to which the judgment or decree directly applies.
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, except as hereinafter provided.
The adoption of this Code and repeal of ordinances provided for in §
1-15 of this ordinance shall not affect the following ordinances, rights, and obligations, which are hereby expressly saved from repeal:
A. Any ordinance
adopted subsequent to May 19, 2010.
B. 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.
C. 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.
D. 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.
E. Any franchise,
license, right, easement, or privilege heretofore granted or conferred.
F. 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.
G. 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.
H. Ordinances
authorizing the purchase, sale, lease, or transfer of property or
any lawful contract or obligation.
I. The levy
or imposition of taxes, assessments, or charges or granting of tax
exemptions for certain property.
J. Ordinances
providing for local improvements or assessing taxes or special assessments
therefor.
K. The annexation
or dedication of property or approval of preliminary or final subdivision
plats.
L. Ordinances
accepting gifts of property or other items to the Town.
A. 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 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.
B. The following
changes are made throughout the Code:
(1) References
to the Connecticut General Statutes are updated to reflect the numbering
of the statutes as of the publication of the Code and to the form
"General Statutes," with the wording "as amended" or similar wording
deleted from such references, and references to public and special
acts are updated to refer to the General Statutes.
(2) References
to the "Building Inspector" are amended to "Building Official."
(3) References
to the "Treasurer" and "Finance Officer" are amended to "Finance Officer/Treasurer."
(4) References
to the "Health Officer" and "Director of Public Health" are amended
to "Director of Health."
C. 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.)
This ordinance shall take effect upon passage and publication
as required by law.