[HISTORY: Adopted by the Legislative Council of the Town
of Newtown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-29-2012]
The compilation of the Town Charter, Special Acts and ordinances of a general and permanent nature of the Town of Newtown, as revised, codified and consolidated into chapters and sections by General Code, LLC, and consisting of the Charter and Chapters 1 through 690, together with an Appendix, is hereby approved, adopted, ordained and enacted as the "Code of the Town of Newtown, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Newtown” shall be in force and effect on and after the effective date of this ordinance.
The provisions of the Code, insofar as they are substantively
the same as those of the legislation in force immediately prior to
the enactment of the Code by this ordinance, are intended as a continuation
of such legislation and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
legislation.
A copy of the Code, in loose-leaf form, has been filed in the
office of the Town Clerk 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, 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 Clerk of the Town of Newtown shall cause to be published,
in the manner required by law, a copy of this Adoption Ordinance.
Sufficient copies of the Code shall be maintained in the office of
the Clerk for inspection by the public at all times during regular
office hours. 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 the Code, when adopted in such form as to indicate the intention
of the Legislative Council to make them a part thereof, shall be deemed
to be incorporated into such Code so that reference to the "Code of
the Town of Newtown” 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 adopted, they shall thereafter be printed and, as provided hereunder,
inserted in the loose-leaf book containing said Code as amendments
and supplements thereto.
It shall be the duty of the Town Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the book containing the Code required to be filed in the Clerk's office
for use by the public. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are published as supplements to said Code, at which time
such supplements shall be inserted therein.
A.
Supplements
to this Code shall be prepared and published whenever authorized or
directed by the Legislative Council. A supplement to the Code shall
include all substantive permanent and general parts of ordinances
passed by the Legislative Council and all changes made thereby in
the Code. The pages of a supplement shall be so numbered that they
will fit properly into the Code.
B.
In preparing
a supplement to this Code, all portions of the Code which have been
repealed shall be excluded from the Code.
C.
When preparing
a supplement to this Code, the codifier (meaning the person, agency
or organization authorized to prepare the supplement) may make formal,
nonsubstantive changes in ordinances and parts of ordinances included
in the supplement, insofar as it is necessary to do so to embody them
into the unified Code. For example, the codifier may:
(1)
Organize
the ordinance material into appropriate subsections;
(2)
Provide
appropriate headings and titles for sections and other subdivisions
of the Code published in the supplement, and make changes in such
headings and titles;
(3)
Assign
appropriate numbers to chapters and sections to be inserted in the
Code and, where necessary to accommodate new material, change existing
or other section numbers;
(4)
Change
the words "this ordinance" or words of the same meaning to "this chapter,"
"this article," "this section," etc., as the case may be, or to "§§ _______
to ___________" (inserting section numbers to indicate the sections
of the Code which embody the substantive sections of the ordinance
incorporated into the Code); and
(5)
Make
other nonsubstantive changes necessary to preserve the original meaning
of ordinance sections inserted into the Code; but in no case shall
the codifier make any change in the meaning or effect of ordinance
material included in the supplement or already in the Code.
D.
The Town
Clerk shall cause copies of each and every such supplement to be distributed
to each distributee and to every purchaser of the Code who has ordered
and paid for maintenance service.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk or an authorized agent of the Clerk upon
the payment of a fee to be set by the Legislative Council.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the Town of Newtown to be misrepresented thereby. Anyone
violating this section or any part of this ordinance shall be subject,
upon conviction, to a fine of not more than $100.
A.
Severability
of Code provisions. 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.
B.
Severability
of ordinance provisions. 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 the Town of Newtown
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.
A.
Nothing
in this Code or the ordinance adopting this Code shall be construed
to repeal or otherwise affect the validity of any of the following:
(1)
Any
ordinance promising or guaranteeing the payment of money for the Town,
or any evidence of the Town's indebtedness.
(2)
Any
appropriation ordinance providing for the levy of taxes or for any
annual budget.
(3)
Any
order annexing territory to the Town or excluding territory as a part
of the Town.
(4)
Any
ordinance granting any franchise, permit or other right.
(5)
Any
ordinance creating a special services district.
(6)
Any
ordinance approving, authorizing or otherwise relating to any contract,
agreement, lease, deed or other instrument.
(7)
Any
ordinance adopting a preliminary or development plan.
(8)
Any
temporary or special ordinance.
(9)
Any
ordinance adopted after July 6, 2011.
B.
All ordinances
pursuant to this section are hereby recognized as continuing in full
force and effect to the same extent as if set out at length in this
section.
A.
The repeal
of an ordinance shall not revive any ordinances in force before or
at the time the ordinance repealed took effect, unless expressly stated.
B.
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.
In compiling and preparing the ordinances for publication as
the Code of the Town of Newtown, no changes in the meaning or intent
of such ordinances have been made. Certain grammatical changes and
other minor nonsubstantive changes were made in one or more of said
pieces of legislation. It is the intention of the Legislative Council
that all such changes be adopted as part of the Code as if the ordinances
had been previously formally amended to read as such.
A.
The catchlines
of the several sections of this Code are intended as mere catchwords
to indicate the contents of the section and shall not be deemed or
taken to be titles of such sections nor as any part of the section,
nor, unless expressly so provided, shall they be so deemed when any
of such sections, including the catchlines, are amended or reenacted.
B.
The histories
appearing in brackets after sections and subsections and the references
and notes located throughout the Code are for the benefit of the user
of the Code and shall have no legal effect.
This ordinance shall take effect upon passage and publication
as required by law.
