CROSS REFERENCES
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.
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.
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.
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.
Shall include every species of property except real property
as herein defined.
The word "property" shall include real and personal property.
The term "public place" shall include any park, cemetery,
school yard or open space adjacent thereto and any lake or stream.
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.
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.
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.
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In the construction of this Code of Ordinances, except as otherwise provided in this Code of Ordinances, words and phrases shall be construed according to the common usage of the language and 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.State law reference - Rules of construction of terms used in the General Statutes, Section 1-1 thereof.
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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.
(a)
Any ordinance or regulation adopted subsequent to January 1, 1982.
(b)
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.
(c)
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.
(d)
Any franchise, license, right, easement or privilege heretofore granted
or conferred by the town.
(e)
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.
(f)
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.
(g)
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.
(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 changes.
(j)
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.
