[HISTORY: Adopted by the Town of Marlborough as indicated
in article histories. Amendments noted where applicable.]
In accordance with Section 8.8 of the Charter of the Town of Marlborough, the compilation of the ordinances of the Town of Marlborough, codified and consolidated into chapters and sections in the form attached hereto and made a part hereof, and consisting of Chapters
1 through
340, is hereby approved, adopted, ordained and enacted as the "Code of the Town of Marlborough, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Marlborough" 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 hereby reaffirmed as to their adoption by the Town.
All ordinances or parts of ordinances of the Town of Marlborough
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Code are hereby repealed from and after the effective date of this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; provided, however, that such repeal shall only be to the
extent of such inconsistency, and any valid legislation of the Town
of Marlborough which is not in conflict with the provisions of the
Code shall be deemed to remain in full force and effect.
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, in loose-leaf form, has been filed in the
office of the Town Clerk of the Town of Marlborough 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 Marlborough,
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 purpose.
Any and all additions, deletions, amendments or supplements
to any of the ordinances in the Code of the Town of Marlborough, 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 published
as amendments and supplements thereto.
It shall be the duty of the Town Clerk to keep up-to-date the
Code of the Town of Marlborough. 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 published as supplements to said Code, 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 Town Clerk of the Town of Marlborough 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 Marlborough, or who alters or tampers with such Code
in any manner whatsoever which will cause the legislation of the Town
of Marlborough to be misrepresented thereby, or who violates any other
provisions of this ordinance, shall, upon conviction thereof, be subject
to a fine of not more than $250.
A. In compiling and preparing the ordinances for publication as the Code of the Town of Marlborough, no changes in the meaning or intent of such ordinances have been made, except as provided in Subsection
B of this section. Certain grammatical changes and other minor nonsubstantive changes 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.
B. Ordinances in the previous codification have been renumbered and
reorganized. The following nomenclature updates have been made:
(1) References to "DEP" have been changed to "DEEP."
(2) References to the "Commissioner of Environmental Protection" have
been changed to "Commissioner of Energy and Environmental Protection."
This ordinance shall take effect upon passage and publication
as required by law.
[Adopted as § A.2 of the Town Code]
The official Town signpost for purposes of legal notices of
Town business shall be that notice board or exterior place nearest
to the office of the Town Clerk at the Marlborough Town Hall.
The Selectmen shall erect and maintain said signpost and may
from time to time designate other locations for said signpost in accordance
with C.G.S. § 7-102.