[HISTORY: Adopted by the Town Council of the Town of Montville as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-2004 by Ord. No. 2004-2]
The compilation of the Town Charter, Special Acts and ordinances of a general and permanent nature of the Town of Montville, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 386, together with an Appendix, is hereby approved, adopted, ordained and enacted as the "Code of the Town of Montville, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Montville" 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 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 Montville shall cause to be published, 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 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.
Any and all additions, deletions, amendments or supplements to the Code,
when adopted in such form as to indicate the intention of the Town Council
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 Montville" 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 Clerk, to keep up-to-date the certified copy of the book containing
the Code required to be filed in the 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.
A.
Supplements to this Code shall be prepared and printed
whenever authorized or directed by the Town Council. A supplement to the Code
shall include all substantive permanent and general parts of ordinances passed
by the Town Council 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.
B.
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.
C.
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:
(1)
Organize the ordinance material into appropriate subsections;
(2)
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;
(3)
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;
(4)
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 "§§ _______ to ___________" (inserting section
numbers to indicate the sections of the Code which embody the substantive
sections of the ordinance incorporated into the Code); and
(5)
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.
D.
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 Clerk or an authorized agent of the Clerk upon the payment of a fee
to be set by the Town Council. The 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 Montville
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 Montville 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. The 1991 Compilation
of Special Acts and Ordinances of the Town of Montville is hereby specifically
superseded.
A.
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:
(1)
Any ordinance promising or guaranteeing the payment of
money for the Town, or any evidence of the Town's indebtedness;
(2)
Any appropriation ordinance providing for the levy of
taxes or for any annual budget;
(3)
Any order annexing territory to the Town or excluding
territory as a part of the Town;
(4)
Any ordinance granting any franchise, permit or other
right;
(5)
Any Zoning Ordinance or amendment thereto;
(6)
Any Subdivision Ordinance or amendment thereto;
(7)
Any ordinance creating a special services district;
(8)
Any ordinance approving, authorizing or otherwise relating
to any contract, agreement, lease, deed or other instrument;
(9)
Any ordinance adopting a preliminary or development plan;
(10)
Any temporary or special ordinance.
B.
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.
A.
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.
B.
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.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Montville, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. 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 Town Council 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.
The following changes are made throughout the Code:
(1)
All references to "Board of Selectmen" are hereby changed
to "Town Council."
(2)
All references to "First Selectman" are hereby changed
to "Mayor."
(3)
All references to "Deputy First Selectman" are hereby
changed to "Deputy Mayor."
(4)
All references to "Zoning and Planning Commission" are
hereby changed to "Planning and Zoning Commission."
C.
In addition, the amendments and/or additions as set forth
in Schedule A[1] attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this ordinance. (Chapter and section
number references are to the ordinances as they have been renumbered and appear
in the Code.)
[1]
Editor's Note: Said schedule is on file in the Town offices.
A.
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.
B.
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.
