[Ord. of 11-29-88(2)]
The ordinances embraced in the following chapters and sections
shall constitute and be designated the "Code of Ordinances of the
Town of Durham, Connecticut," and may be so cited.
[Ord. of 11-29-88(2)]
(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 term "Board of Selectmen"
shall mean the Board of Selectmen of the Town of Durham, Connecticut.
Business. The word "business" includes businesses,
professions, trades, occupations and every kind of calling.
County. The words "the county" or "this county"
shall mean the County of Middlesex in the State of Connecticut.
Delegation of authority. Whenever, by the provisions
of this Code, any officer, employee, department, board, commission
or other Town agency is assigned any duty or empowered to perform
any act or duty, reference to such officer, employee, department,
board, commission or agency shall mean and include such officer, employee,
department, board, commission or agency, or any deputy or authorized
subordinate.
Engage in. The term "engage in" includes commence,
engage in, carry on, conduct, maintain, manage and operate.
First Selectman. The term "First Selectman"
shall mean the First Selectman of the Town of Durham.
Gender. The use of any gender shall include
the other genders.
Goods. The word "goods" includes wares or merchandise.
Joint authority. 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.
Keeper or proprietor. The
word "keeper" or "proprietor" shall mean and include persons, firms,
associations, corporations, clubs, copartnerships and joint ventures,
whether acting by themselves or through a servant, agent or employee.
License fee. The term "license fee" shall include
any charge imposed for a license, whether the object is 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.
Number. The use of the singular shall include
the plural, and the use of the plural shall include the singular.
Oath. The word "oath" includes an affirmation.
Office. The word "office" shall mean the use
of the title of any officer, employee or office of the Town unless
otherwise specifically designated.
Officers, employees. 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.
Operate. The word "operate" includes carry
on, keep, conduct, maintain or manage.
Owner. The word "owner," when applied to a
building or land, shall include any part owner, joint owner or owner
of a community or partnership interest, any life tenant, tenant in
common or joint tenant of the whole or a part of such building or
land.
Person. The word "person" shall mean any 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. The term "personal property"
shall include every species of property except real property.
Property. The word "property" shall include
real and personal property.
Public place. The term "public place" shall
include any and all streets, highways, boulevards, alleys or other
publicly owned or controlled parks, squares, spaces, grounds and buildings.
Real property. The term "real property" shall
include lands, tenements and hereditaments.
Sale. The word "sale" includes any sale, exchange,
barter or offer for sale.
Shall, may, must. The words "shall" and "must"
are mandatory; "may" is permissive.
Sidewalk. The word "sidewalk" shall mean the
paved portion of a street intended for the use of pedestrians rather
than vehicles.
State. The words "the state" or "this state"
shall mean the State of Connecticut.
State law, general law or General Statutes. The term "state law," "general law" or "General Statutes" shall
refer to the General Statutes of Connecticut, Revision of 1958, as
amended.
Street. The word "street" shall mean the entire
width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the 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. The word "tenant" or "occupant,"
applied to a building or land, shall include any person holding a
written or oral lease 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 word "town" shall mean the Town of
Durham, in the County of Middlesex, in the State of Connecticut.
Vote, approval or consent. Except as otherwise provided in connection therewith, the phrase
"vote, approval or consent" of the Board of Selectmen or other body
shall mean the affirmative 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 Board of Selectmen or other body rather than
the Board of Selectmen or body as such, the vote required shall be
in relation to the total membership rather than to those present at
the meeting.
Writing. The word "writing" includes any form
of recorded message capable of comprehension by ordinary visual means.
(b)
In the construction of this Code of Ordinances, 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.
[Ord. of 11-29-88(2)]
Neither the adoption of this Code nor the repeal hereby of any
ordinance of this Town shall in any manner affect the prosecution
for violations of ordinances, which violations were committed prior
to the effective date of this Code, nor shall it be construed as a
waiver of any license or penalty at such effective date due and unpaid
under such ordinance, nor shall it be construed as affecting any of
the provisions of such ordinance relating to the collection of any
such license or penalty or the penal provisions applicable to any
violation thereof, nor shall it affect the validity of any bond or
cash deposit in lieu thereof required to be posted, filed or deposited
pursuant to any ordinance, and all rights and obligations thereof
appertaining shall continue in full force and effect.
[Ord. of 11-29-88(2)]
(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 history notes appearing after each section and the references
and notes scattered throughout the Code are for the benefit of the
user of the Code and shall have no legal effect.
[Ord. of 11-29-88(2)]
(a)
The repeal of an ordinance shall not revive any ordinances in force
before or at the time the ordinance repealed took effect.
(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.
[Ord. of 11-29-88(2)]
It is hereby declared to be the intention of the Board of Selectmen
that the sections, paragraphs, sentences, clauses and phrases of this
Code are severable, and if any phrase, clause, sentence, paragraph
or section of this Code shall be declared unconstitutional or otherwise
invalid by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections
of this Code, since they would have been enacted by the Board of Selectmen
without the incorporation in this Code of any such unconstitutional
or invalid phrase, clause, sentence, paragraph or section unless there
is a nonseverability clause.
[Ord. of 11-29-88(2)]
(a)
All ordinances passed subsequent to this Code which amend, repeal
or in any way affect any section or subsection of this Code shall
be numbered consecutively but shall refer specifically to the section
or subsection affected and printed for inclusion in the Code. When
subsequent ordinances repeal any chapter, section or subsection or
any portion thereof, such repealed portions shall be excluded from
this Code by omission from reprinted pages. The subsequent ordinances,
as numbered and printed or omitted in the case of repeal, shall be
prima facie evidence of such subsequent ordinances until such time
as this Code and subsequent ordinances numbered or omitted are readopted
as a new Code by the Board of Selectmen.
(b)
Amendments of any of the provisions of this Code shall be made by
amending such provisions by specific reference to the section number
of this Code in the following manner: "That section _____ of the Code
of Ordinances of the Town of Durham, Connecticut is hereby amended
to read as follows: . . . ." The new provisions shall then be set
out in full.
(c)
If a new section not heretofore existing in the Code is to be added,
the following language shall be used: "That the Code of Ordinances
of the Town of Durham, Connecticut is hereby amended by adding a new
section to be numbered section _____, which shall read as follows:
. . . ." The new section shall then be set out in full.
(d)
All sections, articles, chapters or provisions desired to be repealed
shall be specifically repealed by section, article or chapter number
in the following language: "That section, chapter or article _____
of the Code of Ordinances of the Town of Durham, Connecticut is hereby
repealed."
[Ord. of 11-29-88(2)]
(a)
By contract or by Town personnel, supplements to this Code shall
be prepared and printed whenever authorized or directed by the Board
of Selectmen. A supplement to the Code shall include all substantive
permanent and general parts of ordinances passed by the Board of Selectmen
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 and
will, where necessary, replace pages that have become obsolete or
partially obsolete so that, when the new pages have been inserted,
the Code will be current through the date of the adoption of the latest
ordinances included in the supplement.
(b)
In preparing a supplement to this Code, all portions of the Code
that have been repealed shall be excluded from the Code by the omission
thereof from reprinted pages.
(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 subdivisions;
(2)
Provide appropriate headings and titles for sections and other subdivisions
of the Code printed in the supplement, and make changes in such headings
and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to
be inserted in the Code and, where necessary to accommodate new material,
change existing or other subdivision numbers;
(4)
Change the words "this ordinance" or words of the same meaning to
"this chapter," "this article," "this division," etc., as the case
may be, or to "sections _____ through _____" (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 reprint
to be distributed to each distributee and to every purchaser of the
Code who has ordered and paid for maintenance service.
[Ord. of 11-29-88(2)]
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 portion of this Code or other ordinance of the Town shall
be misrepresented or with intent to commit a fraud.
[Ord. of 11-29-88(2)]
(a)
Whenever in this Code or in any other ordinance of the Town or in
any rule or regulation promulgated by any officer of the Town, 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.
(b)
The imposition of any punishment in this section shall not prevent
the enforced abatement of any lawful condition by the Town.
(c)
Any condition caused or permitted to exist in violation of any of
the provisions of this Code or any ordinance shall be deemed a new
and separate offense, and each day that such condition continues shall
be regarded as such.
[Ord. of 11-29-88(2)]
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
an annual budget;
(3)
Any ordinance annexing territory to the Town or excluding territory
from the Town;
(4)
Any ordinance granting any franchise, permit or other right;
(5)
Any zoning ordinance;
(6)
Any subdivision ordinance;
(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;
and all such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out at length
in this Code.
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[Ord. of 11-29-88(2); amended 3-28-2016]
(a)
Purpose. The purpose of this section is to establish a procedure
for the issuance of citations in accordance with C.G.S. §§ 7-148(c)(10)(A)
and 7-152c to be followed in all instances when citations are issued
by the Town of Durham municipal officials.
(b)
Citation officers. A person who is expressly appointed as a citation
officer by the First Selectman or who in his or her official duties
has the authority to enforce the applicable municipal regulation or
ordinance that is subject to this citation section are citation officers
and shall have the authority to issue citations in accordance with
this section.
(c)
Initial citation notice. Any person receiving a citation issued under
any regulation or ordinance of the Town shall be allowed a thirty-day
uncontested period from his/her receipt of the citation to make an
uncontested payment of the fine, penalty, cost or fee specified in
the citation to the Town. If the citation is mailed by regular or
certified mail, the day of receipt of the citation shall be deemed
to be three business days after the day of mailing of the citation.
Such uncontested payment shall be inadmissible in any proceeding,
civil or criminal, to establish the conduct of such person or other
person making the payment.
(d)
Second citation notice and notice of right of hearing. If a person who has been issued a citation does not make uncontested payment of the fine, penalty, cost or fee specified in the citation to the Town within the time allowed under Subsection (c) above, the Town shall send notice to the alleged violator no later than 12 months after the expiration of the final period for the uncontested payment of the fine, penalty, cost or fee for any citation issued under any regulation or ordinance of the Town for an alleged violation, informing the violator and any other persons cited of the following:
(1)
The allegations against the violator and other persons cited and
the amount of the fines, penalties, costs or fees due;
(2)
That the alleged violator or other person cited may contest his/her
liability by delivering in person or by mail written notice within
10 days of the date of the notice sent pursuant to this Subsection
(d) to said violator that he/she desires to contest his/her liability
before a citation hearing officer;
(3)
That if the alleged violator does not demand such a hearing, an assessment
and judgment shall be entered against him/her; and
(4)
That such judgment may issue without further notice.
(e)
Payment without hearing. If the alleged violator or other person to whom notice has been sent pursuant to Subsection (d) above wishes to admit liability for any alleged violation, he/she may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees in person or by mail to the official designated by the Town.
(f)
Assessment by default. A person who either (i) has been issued a section citation notice in accordance with Subsection (d) above and who does not deliver or mail a written demand for a hearing within 10 days of the date of that second notice, or (ii) requests a hearing but fails to appear at a duly noticed hearing as required by Subsection (g)(1) below, shall be deemed to have admitted liability. The designated municipal official shall enter a default assessment of the fines, penalties, costs or fees provided for by law by default after making such findings that the applicable notice was duly issued. The hearing officer shall then file a certified copy of the assessment with the superior court in accordance with the procedures set forth in Subsection (g)(2) below.
(g)
Hearing procedure.
(1)
Any person who requests a hearing in writing shall be given written
notice of the date, time and place for the hearing. Such hearing shall
be held not less than 15 days nor more than 30 days from the date
of the mailing of such notice, provided that the hearing officer shall
grant, upon good cause shown, any reasonable request by an interested
party for postponement or continuance. An original or certified copy
of the initial notice of violation issued by the issuing officer shall
be filed and retained by the Town, shall be deemed to be a business
record within the scope of C.G.S. § 52-180 and evidence
of the facts contained therein. The presence of the issuing officer
shall be required at the hearing if such person so requests. The alleged
violator or other person wishing to contest liability shall appear
at the hearing and may present evidence in his/her behalf. A designated
Town official, other than the hearing officer, may present evidence
on behalf of the Town. The hearing officer may accept from such alleged
violator copies of documents by mail and may determine thereby that
the appearance of such person is unnecessary. The hearing officer
shall conduct the hearing in the order and form and with such methods
of proof as he/she deems fair and appropriate. The rules regarding
the admissibility of evidence shall not be strictly applied, but all
testimony shall be given under oath or affirmation. The hearing officer
shall announce his/her decision at the end of the hearing. If he/she
determines that the alleged violator is not liable, he/she shall dismiss
the matter and enter his/her determination in writing accordingly.
If he/she determines that the person is liable for the violation,
he/she shall forthwith enter and assess the fines, penalties, costs
or fees against such person as provided by the ordinance.
(2)
If such assessment is not paid on the date of its entry, the hearing
officer shall send by first-class mail a notice of the assessment
to the person found liable and shall file, not less than 30 days nor
more than 12 months after such mailing, a certified copy of the notice
of assessment with the clerk of the superior court for the geographical
area in which the Town is located, together with an entry fee. The
certified copy of the notice of assessment shall constitute a record
of the assessment. Within such 12-month period, assessments against
the same person may be accrued and filed as one record of assessment.
The clerk of the court shall enter judgment in the amount of such
record of assessment and court costs against such person in favor
of the Town. Notwithstanding any other provision of the General Statutes,
the hearing officer's assessment, when so entered as a judgment,
shall have the effect of a civil money judgment and a levy of execution
of such judgment may issue without further notice to such person.
(3)
The person against whom an assessment has been entered pursuant to
this section is entitled to judicial review by way of appeal. An appeal
shall be instituted within 30 days of the mailing of notice of such
assessment by filing a petition to reopen assessment, together with
an entry fee in an amount equal to the entry fee for a small claims
case pursuant to C.G.S. § 52-259, in the superior court
for the geographical area in which the Town is located, which shall
entitle such person to a hearing in accordance with the rules of the
judges of the superior court.
(h)
Hearing officer appointment. The Board of Selectmen shall appoint
one or more citation hearing officers, who shall be other than police
officers or employees of the Town or persons who issue citations pursuant
to this section, to conduct the hearings authorized by this section.
All such officers shall serve for a term of two years.
(i)
Amount of penalties for violations. The fine, penalty, cost or fee
imposed under this section for any single violation shall not exceed
the amount of $100 per day, unless otherwise specifically provided
by the particular ordinance being entered or the General Statutes.
(j)
Disposition of money received. All moneys received pursuant to the
procedure set forth above shall be remitted to the office of the Town
Tax Collector.