[HISTORY: Adopted by the Town of Barkhamsted: Art. I, Special
Town Meeting 6-30-1992 by Ord. No. 61. Amendments noted where
applicable.]
[Adopted STM 6-30-1992 by Ord. No. 61]
A. The
compilation of the ordinancesof the Town of Barkhamsted, codified
and consolidated into parts, chapters and sections in the form attached
hereto and made a part hereof, is hereby approved, adopted, ordained
and enacted as the "Code of the Town of Barkhamsted, Connecticut,"
hereinafter called the "Code." All provisions contained in the compilation
provided for herein and known as the "Code of the Town of Barkhamsted"
shall be in force and effect on and after the effective date of this
ordinance.
B. The
adoption of the Code of the Town of Barkhamsted shall have no affect
on nor shall the adoption of this ordinance in any way affect the
authority, powers, duties or responsibilities of the Planning and
Zoning Commission or the Inland Wetlands Commission by virtue of the
inclusion in said Code of the regulations adopted by said Commissions,
nor shall the regulations of the Planning and Zoning Commission and
the Inland Wetlands Commission be affected thereby, except as the
regulations may have been amended by action of the respective Commission.
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 Meeting.
All ordinances or parts of ordinances of the Town of Barkhamsted
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Code are hereby repealed from and after the effective date of this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; provided, however, that nothing herein shall be construed
as repealing or altering the zoning, subdivision or inland wetlands
regulations of the town.
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 shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section, Article
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the
office of the Town Clerk of the Town of Barkhamsted 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 Barkhamsted
by impressing thereon the Seal of the Town of Barkhamsted, 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 or regulations known collectively as the
"Code of the Town of Barkhamsted," or any new ordinances, when enacted
or adopted in such form as to indicate the intention of the Town Meeting
to 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 printed and, as provided
hereunder, inserted in the loose-leaf book containing said Code, as
amendments and supplements thereto. Nothing contained in this ordinance
shall affect the status of any ordinance or regulation contained herein,
and such ordinances and regulations may be amended, deleted or changed
from time to time as the Town Meeting deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the
certified copy of the book containing the Code of the Town of Barkhamsted
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 Meeting subsequent to the enactment of this ordinance in such
form as to indicate the intention of said Meeting to 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 printed as supplements to said Code book, at which time such supplements
shall be inserted therein.
Copies of the Code may be purchased from the Town Clerk of the
Town of Barkhamsted upon the payment of a fee to be set by resolution
of the Town Meeting, which Meeting may also arrange by resolution
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 Barkhamsted, or who alters or tampers with such Code
in any manner whatsoever which will cause the legislation of the Town
of Barkhamsted to be misrepresented thereby, or who violates any other
provision of this ordinance, shall be guilty of an offense and shall,
upon conviction thereof, be subject to a fine of not more than $90.
In compiling and preparing the ordinances and regulations for
publication as the Code of the Town of Barkhamsted, no changes in
the meaning or intent of such ordinances or regulations have been
made, except as have been made by formal amendment thereto. Certain
grammatical changes and other minor nonsubstantive changes were made
in one or more of said ordinances, as authorized by the Town Meeting.
It is the intention of the Town Meeting that all such changes be adopted
as part of the Code as if the ordinances had been previously formally
amended to read as such.
This ordinance was adopted at a Special Town Meeting held on
June 30, 1992, published in the Register Citizen on July 9, 1992,
and became effective July 24, 1992.
[During the process of codification, certain changes and/or additions to various existing pieces of legislation were approved for inclusion in the Code of the Town of Barkhamsted. Such amendments are noted in the histories of individual chapters as ". . . amended (added) during codification; see Ch. 1, General Provisions, Art II." The following sections were amended or added by the STM 2-13-1992 by Ord. No. 59: §§ 4-1, 20-2, 20-3, 20-4, 34-4, 37-1, 41-1, 48-4, 63-2, 89-1, 89-2, 89-3, 89-4, 98-4, 98-8, 102-8, 118-1, 118-2, 118-3, 121-4, 146-11, 150-2, 156-3, 160-2, 163-7, 166-2, 166-6A(3), 166-13, 166-16B, 178-1C, 178-7 and 184-3. The following sections were repealed: Section 3 of an ordinance adopted 5-10-1989 pertaining to the Inland Wetlands Commission. The following ordinances were repealed: ordinance adopted 3-22-1956 pertaining to the Flood and Erosion Control Board; an ordinance adopted 3-13-1972 pertaining to peddling and soliciting; an ordinance adopted 2-24-1988 pertaining to tax relief for the elderly. A complete description of each change may be found in Ord. No. 59 on file in the Town Clerk's office.]
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