[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:
CHARTER
Refers to the Charter of the Town of Manchester as printed in this
volume.
CODE
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.
COUNTY
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.
GENDER
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.
NUMBER
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.
OWNER
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.
PARK
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.
PERSON
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.
PROPERTY
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.
STATE
The words "the state" or "this state" shall be construed to mean
the State of Connecticut.
STREET
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.
TENSE
Words used in the past or present tense include the future as well
as the past and present.
TIME
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.
TOWN
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.
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.
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.
This ordinance shall take effect upon passage and publication as required
by law.