[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook
as indicated in article histories. Amendments noted where applicable.]
The compilation of the ordinances of the Town of Old Saybrook, codified
and consolidated into parts, chapters and sections in the form attached hereto
and made a part hereof, is hereby approved, adopted, ordained and enacted
as Parts I and II of the "Code of the Town of Old Saybrook, Connecticut,"
hereinafter called the "Code." All provisions contained in Parts I and II
of the compilation provided for herein and known as the "Code of the Town
of Old Saybrook" shall be in force and effect on and after the effective date
of this ordinance.
The provisions of the Code, insofar as they arc 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 or regulation. All such provisions
are hereby continued in full force and effect and are hereby reaffirmed as
to their adoption by the Town Meeting.
A. Repeal of inconsistent ordinances. All ordinances or
parts thereof of the Town of Old Saybrook 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with any provisions of the Code are hereby repealed from and after the effective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 nothing herein shall be construed
as repealing or altering the zoning, subdivision or inland wetlands regulations
or the design and construction specifications of the Town or any regulations
adopted by boards having the authority to adopt same.
B. Repeal of certain ordinances. The following ordinances
are specifically repealed:
(1) Ordinance No. 30, regarding the Town Dump.
(2) Ordinance No. 57, regarding massage parlors, as amended.
(3) Ordinance No. 59, regarding self-inspection program.
C. Saved from repeal. Ordinance No. 51, regarding floodplain
management, is saved from repeal.
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 shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence, paragraph,
section, article or part thereof 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 Old Saybrook 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 Old Saybrook by impressing thereon the Seal
of the Town of Old Saybrook, 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 Parts I and II known collectively as the "Code of the Town
of Old Saybrook," or any new ordinances, when enacted or adopted in such form
as to indicate the intention of the Town Meeting to 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 printed
and, as provided hereunder, inserted in the loose-leaf book containing said
Code, as amendments and supplements thereto. Nothing contained in this ordinance
shall affect the status of any ordinance contained herein, and such ordinances
may be amended, deleted or changed from time to time as the Town Meeting deems
desirable.
Whenever in the Code, in describing or referring to any person, party,
matter or thing, any word importing the singular number or masculine gender
is used, the same shall be understood to include and to apply to several persons
or parties as well as to one person or party and to females as well as males,
and to bodies corporate as well as individuals, and to several matters and
things as well as one matter or thing.
It shall be the duty of the Town Clerk to keep up-to-date the certified
copy of the book containing the Code of the Town of Old Saybrook 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 Meeting subsequent to
the enactment of this ordinance in such form as to indicate the intention
of said Meeting to 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 printed as supplements to said Code book, at which time such
supplements shall be inserted therein.
Copies of the Code may be purchased from the Town Clerk of the Town
of Old Saybrook upon the payment of a fee to be set by resolution of the Board
of Selectmen, which Board may also arrange by resolution 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 Old Saybrook, or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Town of Old Saybrook to
be misrepresented thereby, or who violates any other provision of this ordinance,
shall be guilty of an offense and shall, upon conviction thereof, be subject
to a fine of not more than $100.
A. In compiling and preparing the ordinances for publication
as the Code of the Town of Old Saybrook, no changes in the meaning or intent
of such ordinances have been made, except as have been made by formal amendment
thereto. Certain grammatical changes and other minor nonsubstantive changes
were made in one or more of said ordinances, as authorized by the Town Meeting.
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. Global changes. The following changes have been made
throughout Parts I and II of the Code:
(1) Gender-neutral language. The words he, him, his or himself
have been changed to he/she, his/hers, him/her or himself/herself. Other simple
conversion such as "policeman" to "police officer" and "Chairman" to "Chair"
have been made.
(2) Nomenclature.
(a) "Basic Building Code" has been changed to "State Building
Code."
(b) "Waterfront Commission" and "Advisory Waterfront Commission"
have been changed to "Harbor Management Commission."
(3) Penalties. In the following sections the fine has been either increased or decreased to $100 or a section added to the chapter if none existed reading as follows: "Violations of the provisions of this chapter shall be punishable by a fine of not to exceed $100. Each day such violation continues shall constitute a separate offense." §§
78-8,
103-2,
110-9,
147-3,
152-10,
166-16, 189-8A,
209-9G,
209-10K, and
209-14.
(4) Statutory references. In the following sections of the Code, the statutory references have been either updated to the current reference or consolidated references have been added for clarification. Consult the Final Report submitted by General Code Publishers Corp. for the exact nature of the change; §§
8-1,
8-3,
8-8,
8-9,
8-11,
8-12,
8-23,
8-32,
8-46,
20-3C,
37-1,
37-2,
81-1C,
94-1,
181-2,
192-2,
192-3, and
192-7.