[HISTORY: Adopted by the Town Council of the Town of Southington
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and fines — See Ch. 37.
[Adopted as Ch. 1, §§ 1-2 and 1-11, of the
1989 Code]
A.
BOARD, COMMISSION, DEPARTMENT
BUSINESS
CHARTER
CODE
COUNCIL or TOWN COUNCIL
COUNTY
ENGAGE IN
GENDER
GOODS
JOINT AUTHORITY
KEEPER or PROPRIETOR
LICENSE FEE
NUMBER
OATH
OFFICE
OFFICERS, EMPLOYEES
OPERATE
OWNER
PERSON
PERSONAL PROPERTY
PROPERTY
PUBLIC PLACE
REAL PROPERTY
SALE
SHALL, MAY, MUST
SIDEWALK
STATE
STATE LAW, GENERAL LAW OR GENERAL STATUTES
STREET
TENANT, OCCUPANT
TENSE
VOTE, APPROVAL OR CONSENT
WRITING
In
the commission of this Code and of all ordinances, the following rules
shall be observed, unless the context clearly indicates otherwise:
Boards, commissions, departments are construed as if followed
by "of the Town" and include duly authorized representatives.
Includes businesses, professions, trades and occupations,
and every kind of calling.
The Charter of the Town of Southington, Connecticut, as printed
at the beginning of this volume.
The Code of Ordinances, Town of Southington, Connecticut.
The governing body of the Town of Southington.
The County of Hartford, in the State of Connecticut.
Includes "commence," "engage in," "carry on," "conduct,"
"maintain," "manage" and "operate."[1]
The use of any gender shall include the other gender.
Includes wares or merchandise.
All words given in joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
Includes persons, firms, associations, corporations, clubs,
copartnerships and joint ventures, whether acting by themselves or
through a servant, agent or employee.
Includes any charge imposed for a license, whether the object
be regulation or revenue, or both regulation and revenue; but when
applied to any business, profession, occupation, trade or calling
regulated by the state as a matter of statewide concern, the object
shall be revenue only.
The use of the singular shall include the plural, and the
use of the plural shall include the singular.
Includes an affirmation.
The use of the title of any officer, employee or office of
the Town, unless otherwise specifically designated.
The title of any officer or employee used in this Code shall
be construed as if the words "of the Town" followed it and shall include
his duly authorized representative.
Includes "carry on," "keep," "conduct," "maintain" or "manage."
When applied to a building or land, includes any part owner,
joint owner, or owner of a community or partnership interest, life
tenant, tenant in common, or joint tenant of the whole or a part of
such building or land.
Natural person, joint venture, joint-stock company, partnership,
association, club, company, corporation, business trust, organization,
or the manager, lessee, agent, servant, officer or employee of any
of them, and includes all political subdivisions and governmental
agencies (except the United States of America and the state), and
every department of such political subdivisions, together with every
officer and employee thereof while working in the course of their
employment.
Includes every species of property except real property as
defined in this section.
Includes real and personal property.
Includes any and all streets, highways and boulevards, alleys
or other publicly owned or controlled parks, squares, spaces, grounds
and buildings.
Includes lands, tenements and hereditaments.
Includes any sale, exchange, barter or offer for sale.
"Shall" and "must" are mandatory; "may" is permissive.
The paved portion of a street between the street right-of-way
and the adjacent property line intended for the use of pedestrians.
"The state" or "this state" means the State of Connecticut.
Refers to the General Statutes of Connecticut, Revision of
1958, as amended.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of public
for purposes of vehicular or pedestrian travel, including, but not
limited to, alleys, lanes, courts, greens, public squares and places,
and sidewalks.
Applied to a building or land, includes 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 the present.
Except as otherwise provided in connection therewith, the
phrase "vote, approval or consent" of the Council or other body means
the affirmation vote of a majority of those members present at a meeting
having a quorum in attendance. Whenever such phrase refers to the
members of the Council or other body rather than the Council or body
as such, the vote required shall be in relation to the total membership
rather than to those present at the meeting.
Includes any form or recorded message capable of comprehension
by ordinary visual means.
[1]
Editor's Note: The original definition of "fees," which immediately
followed this definition, was repealed 10-9-2012.
B.
In
the construction of this Code, except as otherwise provided in this
Code, words and phrases shall be construed 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.
[Amended 2-10-1997; 10-9-2012]
A.
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/her 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. Each day any such violation shall continue shall constitute a separate offense. Fines are listed in the Fine Schedule, Chapter 37, Article II, § 37-2, and posted on the Town of Southington website.
B.
The
imposition of any punishment under this Code shall not prevent the
enforced abatement of any lawful condition by the Town.
C.
In
all cases where the same offense is made punishable or is created
by different clauses or sections of this Code, the Corporation Counsel
may elect under which to proceed, but not more than one recovery shall
be had against the same person for the same offense.
D.
Any
condition caused or permitted to exist in violation of any of the
provisions of this Code, officially designated as such, and each day
that such condition continues shall be regarded as a new and separate
offense.
[Adopted 12-9-2013]
The compilation of the ordinances of the Town of Southington 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 400, is hereby approved, adopted, ordained, and enacted as the "Code of the Town of Southington, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Southington" 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 Southington 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 Southington, 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 Southington, 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 Southington 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 Southington or an authorized
agent of the Town Clerk upon the payment of a fee to be set by regulation
of the Town Council. 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 Southington, or who alters or tampers with such Code
in any manner whatsoever which will cause the legislation of the Town
of Southington to be misrepresented thereby, shall, upon conviction
thereof, be subject to a fine of not more than $150.
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. If any provision of this Code
or the application thereof to any person or circumstance is held invalid,
the remainder of this Code and the application of such provision to
other persons or circumstances shall not be affected thereby.
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; provided, however, that such repeal shall
only be to the extent of such inconsistency, and any valid legislation
of the Town of Southington which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and repeal of ordinances provided for in § 1-13 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 28, 2013.
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.
M.
The Zoning Regulations and any amendments thereto, and any ordinance
or regulation adopting or amending a zoning map.
N.
The Stormwater Management Ordinance and any amendments thereto.
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 Council 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 amendments and 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.)[1]
[1]
Editor's Note: In accordance with § 1-15B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-9-2013." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication
as required by law.
