[HISTORY: Adopted by the Board of Directors of the Town of Manchester as indicated in article histories. Amendments noted where applicable.]
Rules of construction for terms used in the General Statutes — See C.G.S. § 1-1.
Penalty for violating municipal ordinances — See C.G.S. § 7-148.
[Adopted as Secs. 1-2 and 1-8 of the 1996 Code]
In the construction of this Code and of all ordinances, the following rules shall be observed, unless the content clearly indicates otherwise:
- BOARD OF DIRECTORS
- The Board of Directors of the Town of Manchester, Connecticut.
- Refers to the Charter of the Town of Manchester as printed in this volume.
- Reference to "this Code" or "the Code" shall mean and refer to the Code of the Town of Manchester, Connecticut, as designated in Article II of this chapter.
- The words "the county" or "this county" shall mean the County of Hartford, in the State of Connecticut.
- DELEGATION OF AUTHORITY
- Whenever a provision appears requiring the head of a department or officer of the Town to do some act or make certain inspections, it is to be construed to authorize the head of the department or officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
- A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
- KEEPER and PROPRIETOR
- Includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.
- A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
- 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.
- The word "owner" applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
- Includes a park, reservation, playground, playfield, building, swimming pool, beach, recreation center and any other area in the Town owned, leased, controlled or administered by the Town and used for or devoted to active or passive recreation.
- Shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.
- PERSONAL PROPERTY
- Includes every species of property except real property, as herein defined.
- Includes real and personal property.
- PUBLIC PLACE
- Includes 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
- Includes lands, tenements and hereditaments.
- The words "the state" or "this state" shall be construed to mean the State of Connecticut.
- STATE LAW, GENERAL LAW or GENERAL STATUTES
- Refers to the General Statutes of Connecticut, Revision of 1958, as amended.
- Shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways.
- TENANT or 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.
- Words used in the past or present tense include the future as well as the past and present.
- All times prescribed in this Code shall be Eastern standard time, except that when daylight saving time is being observed in the State of Connecticut, said times shall be Eastern daylight saving time.
- The words "the Town" shall mean the Town of Manchester in the County of Hartford and the State of Connecticut.
It shall be unlawful for any person to violate or fail to comply with any provision of this Code, and where no specific penalty is provided therein, the violation of any provision of this Code shall be punishable by a fine of not more than $100. Each day any such violation shall continue shall constitute a separate offense and shall be punishable as such.
The various chapters and sections of the 1996 Code of Ordinances of the Town of Manchester, and subsequent ordinances of the Town of Manchester of a general and permanent nature adopted by the Board of Directors of the Town of Manchester, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 323, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Manchester," hereinafter referred to as the "Code." This ordinance specifically repeals the Code of Ordinances of the Town of Manchester, adopted March 5, 1996.
The provisions of the Code, insofar as they are substantively the same as those of the legislation in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior legislation.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk 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, 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 Clerk of the Town of Manchester shall cause to be posted, in the manner required by law, a copy of this Adoption Ordinance. Sufficient copies of the Code shall be maintained in the office of the Town Clerk for inspection by the public at all times during regular office hours. 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. This ordinance shall also be published in a newspaper having a general circulation in the Town of Manchester for the requisite time period as required by the Town Charter.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Board of Directors to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Manchester" 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 adopted, they 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 someone authorized and directed by the Town Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Town Clerk's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Supplements to this Code shall be prepared and printed not less than annually under the directions of the Town Attorney. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the Board of Directors 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. When the supplemental pages have been inserted, the Code will be current through the date of the adoption of the latest ordinances 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 subsections;
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 chapters and sections to be inserted in the Code and, where necessary to accommodate new material, change existing or other section numbers;
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this section," etc., as the case may be, or to insert 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 in the Code.
The Town Clerk shall cause copies of each and every such supplement to be distributed to each distributee and to every purchaser of the Code who has ordered and paid for maintenance service.
Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk or an authorized agent of the Town Clerk upon the payment of a fee, which fee shall represent the actual cost of the materials to the Town. The Town Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Manchester to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $100.
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 or 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.
All ordinances or parts of ordinances of the Town of Manchester 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.
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:
Any ordinance promising or guaranteeing the payment of money for the Town, or any evidence of the Town's indebtedness;
Any appropriation ordinance providing for the levy of taxes or for any annual budget;
Any order annexing territory to the Town or excluding territory as a part of the Town;
Any ordinance granting any franchise, permit or other right;
Any Zoning Ordinance or amendment thereto;
Any Subdivision Ordinance or amendment thereto;
Any ordinance creating a special services district;
Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument;
Any ordinance adopting a preliminary or development plan;
Any temporary or special ordinance.
All ordinances pursuant to this section are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this section.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect, unless expressly stated.
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.
In compiling and preparing the ordinances for publication as the Code of the Town of Manchester, no changes in the meaning or intent of such ordinances have been made. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of Directors 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 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.
The histories appearing in brackets after sections and subsections and the references and notes located throughout the Code are for the benefit of the user of the Code and shall have no legal effect.
This ordinance shall take effect upon passage and publication as required by law.