[HISTORY: Adopted by the Town of Cromwell
as indicated in article histories. Amendments noted where applicable.]
CHARTER REVISION
Effective with the general election held in November 2013, the
Town changed to a Town Council/Town Manager form of government. According
to Charter § 11.04, any references in Town ordinances to
the "First Selectman" or to the "Board of Selectmen" shall now be
deemed to refer to the "Town Manager" or the "Town Council," as appropriate.
[Adopted BOS 10-8-1980]
[Amended BOS 4-9-1997]
A.Â
It shall be unlawful for any person to violate any
provision or to fail to comply with any ordinance of the Town of Cromwell.
Any person violating any of the provisions or failing to comply with
any mandatory requirements of any ordinance shall be guilty of an
infraction which shall be punishable by a fine of not more than $100,
unless such ordinance shall specifically recite a different punishment.
B.Â
Except where some other appeals procedure is specifically
provided, any municipal citation issued pursuant to any ordinance
of the Town of Cromwell, other than a license denial or revocation
order, may be appealed to a hearing officer as provided in this section.
Hearings concerning such municipal citation shall be in accordance
with Connecticut General Statutes § 7-152c, as the same
may be amended from time to time. The Town Manager shall appoint not
more than two persons to serve as hearing officers. No such hearing
officer shall be a police officer or employee or person who issues
citations. The compensation of the hearing officers shall be set by
the Town Council. In addition to the requirements of Connecticut General
Statutes § 7-152c, all hearings under this article shall
conform to the requirements for fundamental fairness, rules of evidence
and other procedures required by law for administrative hearings involving
the levying of penalties. This section shall not apply to State of
Connecticut citations issued by Town enforcement officers, which shall
be under the jurisdiction of the Superior Court, Geographical Area
No. 9, Middletown.
[Amended TC 6-16-2014]
Any person violating a provision of any ordinance
of the Town of Cromwell shall be guilty of a separate offense for
each and every day during any portion of which any violation of any
provision of such ordinance is committed, continued or permitted by
such person.
Nothing in this article shall be construed as
preventing the Town of Cromwell from pursuing any legal, civil or
equitable remedies available to it to prevent the violation of any
provision of any ordinance or to seek recovery of damages for the
violation of said ordinance.
[Adopted 3-10-1982]
The compilation of the Charter, Town ordinances
and rules and regulations of the Town codified and consolidated into
titles, chapters and sections in the form attached hereto and made
a part hereof is hereby approved, adopted, ordained and enacted as
and to be called the "Code of the Town of Cromwell, Connecticut."
A.Â
All ordinances of the Town of Cromwell heretofore
enacted and in force and effect on the date of adoption of this ordinance
and not contained in the Code of the Town of Cromwell, Connecticut,
or which have been heretofore enacted and are inconsistent with any
provisions of any ordinance contained in the Code, are hereby repealed
as of the effective date of this adopting ordinance, except as hereinafter
provided.
B.Â
Nothing herein shall be construed as repealing or
altering any special act pertinent to the Town of Cromwell or any
rule or regulation promulgated by any agency of the Town of Cromwell,
including the Zoning and Land Subdivision of the Town of Cromwell.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following ordinances, regulations, rights and obligations, which are expressly saved from repeal:
A.Â
Any ordinance or regulation adopted subsequent to
January 1, 1981.
B.Â
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Cromwell prior to the
effective date of this ordinance, or any action or proceeding brought
for the enforcement of such right or liability.
C.Â
Any obligation or liability by reason of any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision of the Town of Cromwell,
or any penalty, punishment or forfeiture which may result therefrom.
D.Â
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town.
E.Â
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this ordinance brought pursuant to any legislative provision
of the Town of Cromwell.
F.Â
Any ordinance of the Town of Cromwell providing for
the laying out, opening, altering, widening, relocating, straightening,
establishing of grade, permitting of encroachment, changing of name,
improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place within the Town
of Cromwell, or any portion thereof.
G.Â
Any ordinance or resolution of the Town of Cromwell
appropriating money or transferring funds, promising or guaranteeing
the payment of money or authorizing the issuance and delivery of any
bond of the Town of Cromwell or other instruments or evidence of the
Town's indebtedness.
H.Â
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
I.Â
The levy or imposition of taxes, assessments or charges.
J.Â
The dedication of property or approval of preliminary
or final subdivision plats.
K.Â
Any ordinance omitted from the Code by mistake or
error.
All provisions contained in the compilation
provided for herein and known as the "Code of the Town of Cromwell,
Connecticut," shall be in full force and effect on and after the effective
date of this ordinance.
[Amended TC 6-16-2014]
A.Â
In compiling and preparing the ordinances of the Town
of Cromwell for adoption as part of the Code of the Town of Cromwell,
certain grammatical changes, changes in nomenclature and/or technical
or minor changes were made in one or more of said ordinances. It was
the intention of the Board of Selectmen and is the intention of the
Town Council of the Town of Cromwell that all such changes be adopted
as part of the Code of the Town of Cromwell, Connecticut, as if the
ordinances so changed had been previously amended to read as such.
B.Â
In printing and publishing the Code of the Town of
Cromwell, Connecticut, certain changes in the order of things, titling
and indexing and certain changes in the number of provisions, certain
grammatical changes, changes in spelling, punctuation, etc., were
made for the purposes of organization, style and consistency to make
the Code more usable. Such changes are in no way intended to change
the meaning of any legislation in any way nor to supersede the powers
of the authority that promulgated such legislation should such authority
be other than the Board of Selectmen, at that time, and currently
the Town Council.
A copy of the Code of the Town of Cromwell,
Connecticut, in loose-leaf form, has been filed in the office of the
Town Clerk of the Town of Cromwell and shall remain there for use
and examination by the public during all business hours 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 Cromwell by impressing thereon the Seal of said Town, and
such certified copy, as from time to time amended and recertified
as hereinafter provided, shall remain on file in the office of the
Town Clerk, to be made available during business hours to persons
desiring to examine the same.
A.Â
Any and all amendments or supplements to the legislation
in the Code of the Town of Cromwell, or repeal thereof in whole or
in part, adopted pursuant to applicable state law subsequent to the
aforesaid date of January 1, 1981, shall, upon the adoption of said
change, become a part of the Code of the Town of Cromwell under the
numbering system established by the Code, notwithstanding that such
legislation may be adopted with another numbering system. In addition,
any legislation of the Town, whether adopted prior to or after the
effective date of this ordinance, that the Town Council determines
is appropriate for inclusion in the Code established by this ordinance
may be included in the Code under the number system established by
the Code, notwithstanding that such legislation was adopted without
reference to the Code under a different numbering system.
[Amended TC 6-16-2014]
B.Â
All changes in the Code as aforesaid shall be deemed
to be incorporated into such Code, so that reference to the Code of
the Town of Cromwell, Connecticut, shall be understood and intended
to include such additions and amendments. Any such additions, amendments,
supplements or repeals as adopted 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 such
other person authorized and directed by the Town Clerk to keep up-to-date,
in loose-leaf form, a copy of the book containing the Code of the
Town of Cromwell, Connecticut. Said up-to-date copy of the Code shall
be filed in the office of the Town Clerk of the Town of Cromwell and
shall remain there for use and examination by the public and shall
be made available to persons desiring to examine the same during business
hours. All changes in said Code shall be included in the Code by reference
until such changes or new ordinances are printed as supplements to
said Code, at which time such supplements shall, upon certification
by the Town Clerk, be inserted therein.
[Amended TC 6-16-2014]
It shall be the duty of the Town Manager to
have printed and distributed copies of the Code of the Town of Cromwell,
Connecticut, together with amendments and supplements thereto, from
time to time. Said Town Manager shall provide the Town Clerk with
sufficient copies of the Code and supplements and amendments thereto
so as to enable the Town Clerk to comply with Connecticut General
Statutes § 7-148a, as amended.
Nothing contained herein shall abridge the legal
authority of any board, commission or agency of the Town of Cromwell
to make, publish, adopt, repeal, change or amend its rules, regulations
or bylaws in accordance with law.
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.
Each section of this ordinance is an independent
section, and the holding of any section 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.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code of the Town of Cromwell, or to alter or tamper with such
Code in any manner whatsoever which will cause the law of the Town
of Cromwell to be misrepresented thereby. A violation of this section
shall be punishable, upon conviction, by a fine of not to exceed $100.
This ordinance shall be effective immediately
as provided by law.
