[HISTORY: Adopted by the Town Meeting of the Town of Middlefield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty; citations and enforcement — See Ch. 46.
[Adopted 10-3-2016]
The compilation of the ordinances of a general and permanent nature of the Town of Middlefield, as revised, codified and consolidated into chapters and sections, and consisting of Chapters 1 through 399, together with an Appendix, is hereby approved, adopted, ordained and enacted as the "Code of the Town of Middlefield, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Middlefield" 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 Middlefield 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 Town Meeting 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 Middlefield" 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 printed as supplements to said Code book, at which time such supplements shall be inserted therein.
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 Town Meeting. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
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 Middlefield 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 $250.
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 Middlefield 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 Zoning Ordinance or amendment thereto;
(6) 
Any Subdivision Ordinance or amendment thereto;
(7) 
Any ordinance creating a special services district;
(8) 
Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument;
(9) 
Any ordinance adopting a preliminary or development plan;
(10) 
Any temporary or special ordinance.
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.
A. 
In compiling and preparing the ordinances for publication as the Code of the Town of Middlefield, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. 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 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.
B. 
In addition, the amendments and/or 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 § 1-13B, 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 I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 10-3-2016." Schedule A, which contains a complete description of all the changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication as required by law.
[Adopted as Ch. 1, §§ 1-2 and 1-9, of the 1990 Code]
A. 
In the construction of this Code and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:
BOARD OF SELECTMEN
The Board of Selectmen of the Town of Middlefield, Connecticut.
BUSINESS
Includes businesses, professions, trades and occupations, and every kind of calling.
CHARTER or THIS CHARTER or THE CHARTER
The Charter of the Town of Middlefield, Connecticut, as printed in the beginning of this volume.
CODE or THIS CODE or THE CODE
The Code of Ordinances, Town of Middlefield, Connecticut, as designated in Article I of this chapter.
COUNTY or THE COUNTY or THIS COUNTY
The County of Middlesex in the State of Connecticut.
ENGAGE IN
Includes "commence," "engage in," "carry on," "conduct," "maintain," "manage" and "operate."
FIRST SELECTMAN
The First Selectman of the Town of Middlefield, Connecticut.
GENDER
The use of any gender shall include the other genders.
GOODS
Includes wares or merchandise.
JOINT AUTHORITY
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.
KEEPER and PROPRIETOR
Includes persons, firms, associations, corporations, clubs, copartnerships and joint ventures, whether acting by themselves or through a servant, agent or employee.
LICENSE FEE
Includes any charge imposed for a license, whether the object be regulation or revenue, or both by 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.
NUMBER
The use of the singular shall include the plural and the use of the plural shall include the singular.
OATH
Includes an affirmation.
OFFICE
The use of the title of any officer, employee or office of the Town, unless otherwise specifically designated.
[Amended 10-3-2016]
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.
OPERATE
Includes "carry on," "keep," "conduct," "maintain" or "manage."
OWNER
When applied to a building or land, shall include 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.
PERSON
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 shall include 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 his employment.
PERSONAL PROPERTY
Includes every species of property except real property as herein defined.
PROPERTY
Includes real and personal property.
PUBLIC PLACE
Includes any and all streets, highways and boulevards, alleys or other publicly owned or controlled ways and any and all publicly owned or controlled parks, squares, spaces, grounds and buildings.
REAL PROPERTY
Includes lands, tenements and hereditaments.
SALE
Includes any sale, exchange, barter or offer for sale.
SHALL, MAY, MUST
"Shall" or "must" means mandatory; "may" is permissive.
SIDEWALK
The paved portion of a street between the street right-of-way and the adjacent property line, intended for the use of pedestrians.
STATE
The State of Connecticut.
STATE LAW, GENERAL LAW or GENERAL STATUTES
Refers to the General Statutes of Connecticut, Revision of 1958, as amended.
STREET
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.
TENANT, OCCUPANT
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.
TENSE
Words used in the past or present tense include the future as well as the past and the present.
TOWN
The Town of Middlefield, Connecticut or the area within the territorial limits of the Town and such territory outside of the Town over which the Town has jurisdiction or control by virtue of any constitutional or Charter provisions.
VOTE, APPROVAL or CONSENT
Except as otherwise provided in connection therewith, the phrase "vote, approval or consent" of the council or other body shall mean 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.
WRITING
Includes any form of recorded message capable of comprehension by ordinary visual mean.
B. 
In the construction of this Code, except as otherwise provided in this Code, words and phrases shall be construed according to the Connecticut 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.
Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records or other records pertaining to the matter to which to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office or any United States Mail box. Proof of giving any notice may be made by certificate of any officer or employee of this Town or by affidavit of any person over the age of 18 years which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.