Penalty limitation, G.S., § 7-148.
STATE LAW REFERENCES
Offenses and miscellaneous provisions, Ch. 13.
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, Town of New Milford, Connecticut," and may be so cited.
In the construction of this Code and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:
- The term "Board" or "the Board" shall mean the Board of Selectmen of the Town of New Milford.
- The term "Code" shall mean the Code of Ordinances of New Milford.
- The words "the county" or "this county" shall mean the County of Litchfield in the State of Connecticut.
- 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.
- Joint authority
- All words giving 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 and proprietor
- The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.
- 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.
- Officers, 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 word "owner," applied to a building or land, shall include 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.
- The word "person" shall extend and be applied to associations, communities, firms, partnerships and bodies politic and corporate, as well as to individuals.
- Personal property
- Shall include every species of property except real property as herein defined.
- The word "property" shall include real and personal property.
- Public place
- The term "public place" shall include any park, cemetery, school yard or open space adjacent thereto and any lake or stream.
- Real property
- Shall include lands, tenements and hereditaments.
- The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.
- The words "the state" or "this state" shall be construed to mean the State of Connecticut.
- State law, general law or general statutes
- Shall refer to the General Statutes of Connecticut, Revision of 1958, as amended.
- The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the town, and may include private ways over which the town exercises jurisdiction.
- Tenant, occupant
- The word "tenant" or "occupant," applied to a building or land, shall include 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 present.
- The term "town," "this town" or "the town" when used herein shall mean the Town of New Milford in the County of Litchfield, State of Connecticut.
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 in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, Articles, divisions, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby.
All ordinances which amend or repeal any provision of this Code shall set forth in full the sections or subsections to be amended or repealed and if to be amended shall indicate matter to be omitted from the revised section or subsection by enclosing the same in brackets and new matter by underscoring.
The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.
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.
If any phrase, clause, sentence, paragraph or section of this Code shall be declared invalid or unconstitutional by the valid judgment or decree of any court, such invalidity or unconstitutionality shall not affect any of the remaining provisions of this Code.
It shall be unlawful for any person to change or amend, by additions or deletions, any part of this Code of Ordinances or any ordinance of the town or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever with intent that any provision of this Code or other ordinance of the town shall be misrepresented or with intent to commit a fraud thereby.
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 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 not exceeding $100. Each day any such violation shall continue shall constitute a separate offense.
The imposition of any punishment hereunder shall not prevent the enforced abatement of any unlawful condition by the town.
[Ord. of 8-16-1984, § 1]
The publication entitled "Code of the Town of New Milford," also known as the "Code of Ordinances of the Town of New Milford," is hereby adopted as an official publication of the Town of New Milford.
[Ord. of 8-16-1984, § 2]
Part I of the Code of the Town of New Milford, containing the Charter of the town and the Special Act of the General Assembly pertaining to a pension plan, is hereby approved for consistency with the original enactments.
[Ord. of 8-16-1984, § 3]
Part II of the Code of the Town of New Milford, containing the ordinances of the town and captioned "Code of Ordinances," is hereby adopted and shall hereafter constitute the official set of ordinances for the Town of New Milford.
[Ord. of 8-16-1984, § 4]
All town ordinances in effect on the date of the adoption of this codification of ordinances and not contained in Part II of the Code of the Town of New Milford or which are inconsistent with any provisions of Part II of the Code of the Town of New Milford are hereby repealed as of the effective date of this Article, except as hereinafter provided.
[Ord. of 8-16-1984, § 5]
The following ordinances, regulations, rights or obligations shall not be affected by the adoption of the Code of the Town of New Milford.
Any ordinance or regulation adopted subsequent to January 1, 1982.
Any right or liability established, accrued or incurred under any legislative provision of the Town of New Milford prior to the effective date of this Article or any action or proceeding brought for the enforcement of such right or liability.
Any obligation or liability by reason of any offense or act committed or done before the effective date of the Article in violation of any legislative provision of the Town of New Milford or any penalty, punishment or forfeiture which may result therefrom.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the town.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this Article brought pursuant to any legislative provision of the Town of New Milford.
Any ordinance of the Town of New Milford providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, permitting of encroachment, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of New Milford, or any portion thereof.
Any ordinance or resolution of the Town of New Milford appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of New Milford 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 changes.
The dedication of property or approval of preliminary or final subdivision plats.
[Ord. of 8-16-1984, § 6]
Any and all ordinances adopted subsequent to January 1, 1982, shall be incorporated into and shall become a part of Part II, Code of Ordinances of the Code of the Town of New Milford, under the numbering system established by the Code, notwithstanding that such ordinances have been or may be adopted with another numbering system. All such ordinances shall be deemed to be incorporated into Part II of the Code of the Town of New Milford so that reference to the Code shall be understood and intended to include such ordinances. The Town Clerk, from time to time, but not less than once every two years, shall cause amendments or supplements to said Code. Upon certification by the Town Clerk for conformity, in substance, to the original enactments, such printed amendments or supplements shall constitute official proof of said Code.
[Ord. of 8-16-1984, § 7]
It shall be the duty of the Town Clerk or such other person authorized and directed by the Town Clerk to keep up-to-date, in loose-leaf form, a copy of the Code of the Town of New Milford, Connecticut. Said up-to-date copy of the Code shall be filed in the office of the Town Clerk and shall remain there for use and examination by the public and shall be made available to persons desiring to examine the same during business hours. All changes in said Code shall be included in the Code by reference until such changes or new ordinances are printed as amendments or supplements to said Code, at which time such amendments or supplements shall, upon certification by the Town Clerk, be inserted therein.
[Ord. of 8-16-1984, § 8]
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 section or parts thereof.
[Ord. of 8-16-1984, § 9]
The Appendix to the Code of the Town of New Milford, containing the Subdivision Regulations and Zoning Regulations, is hereby approved for consistency with the current regulations. Such approval is not intended to abridge the legal authority of any board, commission or agency of the Town of New Milford to make, publish, adopt, repeal, change or amend its rules, regulations or bylaws in accordance with law.