[HISTORY: Adopted by the Town Meeting of the Town of Suffield as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-1987 by Ord. No. 87-1 as §§ 1-1, 1-2, 1-5, 1-9, 1-10 and 1-11 of the 1987 Code]
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, Town of Suffield, Connecticut," and may be so cited.
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; Selectmen. Whenever the words "Board of Selectmen" or "Selectmen" are used, they shall be construed to mean the Board of Selectmen of the Town of Suffield, Connecticut.
Business. "Business" includes businesses, professions, trades and occupations, and all and every kind of calling.
County. The words "the county" or "this county" shall mean the County of Hartford, in the State of Connecticut.
Director of Health. Whenever reference is made to the Director of Health, it shall be construed to mean the North Central District Health Department or its designee.
Engage in. "Engage in" includes commence, engage in, carry on, conduct, maintain, manage and operate.
First Selectmen. Whenever the term "First Selectman" is used, it shall be construed to mean the First Selectman of the Town of Suffield, Connecticut.
Gender. The use of any gender shall include the other genders.
Goods. "Goods" includes wares or merchandise.
Joint authority. All words giving a 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. The words "keeper" and "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. "License fee" shall include 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.
Number. The use of the singular shall include the plural and the use of the plural shall include the singular.
Oath. "Oath" includes an affirmation.
Office. "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 herein shall be construed as if the words "of the Town" followed it, and shall include his duly authorized representative.
Operate. "Operate" includes carry on, keep, conduct, maintain or manage.
Owner. "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. "Person" shall mean 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 shall include every species of property except real property as herein defined.
Property. The word "property" shall include real and personal property.
Public place. The term "public place" shall include 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 shall include lands, tenements and hereditaments.
Sale. "Sale" includes any sale, exchange, barter or offer for sale.
Shall; may; must. "Shall" and "must" are mandatory; "may" is permissive.
Sidewalk. The word "sidewalk" shall mean 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 words "the state" or "this state" shall mean the State of Connecticut.
State law, general law or General Statutes shall refer to the General Statutes of Connecticut, Revision of 1958, as amended.
Street. "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 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 present.
Town. Whenever the words "the Town" are used, they shall be construed to mean the Town of Suffield in the County of Hartford and the State of Connecticut.
Vote, approval or consent. Except as may be 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 to 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. "Writing" includes any form of recorded message capable of comprehension by ordinary visual means.
In the construction of this Code of Ordinances, except as otherwise provided in this Code of Ordinances, words and phrases shall be construed according to the common usage of the language and 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.
The headings of the several sections of this Code printed in boldface type are intended to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the headings, are amended or reenacted.
The headings of chapters, articles, divisions and sections contained in this Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any chapter, article, division or section hereof.
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 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 mailbox. Proof of giving any notice may be made by the 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.
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 Town Meeting during the period covered by the supplement 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 which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
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:
Organize the ordinance material into appropriate subdivisions;
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;
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;
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 _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
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 embodied in the Code.
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.
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 not exceeding the maximum amount authorized by the Connecticut General Statutes. Each day any such violation shall continue shall constitute a separate offense.
The imposition of any punishment hereunder shall not prevent the enforced abatement of any lawful condition by the Town.
In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the Town Counsel may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
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.
The compilation of the ordinances of the Town of Suffield, codified and consolidated into chapters and sections in the form attached hereto and made a part hereof, and consisting of Chapters 1 through 290, together with an Appendix, is hereby approved, adopted, ordained and enacted as the "Code of the Town of Suffield, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Suffield" 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 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.
All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Suffield which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. 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.
The following ordinances are specifically repealed:
Board of Education, ordinance adopted July 27, 1945, amended February 23, 1982 (§ 8-4 of the 1987 Code).
Uniform fiscal year, ordinance adopted June 29, 1961 (§ 2-2 of the 1987 Code).
Annual budget meeting, ordinance adopted April 13, 1962 (§ 2-3 of the 1987 Code).
Capital Region Planning Agency, ordinance adopted October 6, 1969 (Ch. 14, Art. VIII, of the 1987 Code).
Public Works Commission, Ordinance No. 2002-02, adopted May 16, 2002.
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, or the application thereof to any person or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof and the persons and circumstances directly involved in the controversy in which judgment shall have been rendered.
A copy of the Code has been filed in the office of the Town Clerk of the Town of Suffield 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 Suffield, 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 Suffield, 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 included in the Code as amendments and supplements thereto.
It shall be the duty of the Town Clerk or designee to keep up-to-date the certified copy of the Code of the Town of Suffield 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 Suffield or an authorized agent of the Town Clerk upon the payment of a fee to be set by the Town. 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 Suffield, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Suffield to be misrepresented thereby, or who violates any other provision of this ordinance, shall, upon conviction thereof, be subject to a fine of not more than $250.
In compiling and preparing the ordinances for publication as the Code of the Town of Suffield, no changes in the meaning or intent of such ordinances have been made, except as provided in Subsection B of this section. Certain other minor nonsubstantive corrections were made in one or more of said ordinances. 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.
The amendments 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.)
Editor's Note: Schedule A is on file with the Town Clerk.
Whenever any words in any section of this Code import the plural number, the singular number shall be deemed to be included, and whenever the singular number shall be used, it shall be deemed to include the plural. Any word of masculine gender includes the feminine and the neuter and may refer to a corporation or to a board or other body or assemblage of persons, and when the sense so indicates, words of the neuter gender may refer to any gender. Words used in the present tense include the future.
This ordinance shall take effect upon passage and publication as required by law.