The ordinances and bylaws embraced in this and the following
chapters and sections shall constitute and be designated as "The Code
of the Town of New Canaan, Connecticut," and may be so cited.
In the construction of this Code and of all ordinances and bylaws
of the town, the following definitions and rules of construction shall
be observed, unless they are inconsistent with the manifest intent
of the Board of Selectmen or the context clearly requires otherwise:
CASUAL RESTAURANT
A restaurant operating for a temporary period in connection
with a fair, carnival, circus, public exhibition or similar public
function.
[Added 9-17-68; effective 10-19-68]
COMPUTATION OF TIME
The time within which an act is to be done shall be computed
by excluding the first and including the last day; and if the last
day be Sunday or a legal holiday, that day shall be excluded.
COUNTY
Means the County of Fairfield in the State of Connecticut.
FOOD
All articles used for food, drink, confectionery or condiment,
and all substances or ingredients used in the preparation thereof.
Ice cream, ice-cream sodas, sundaes and soft drinks usually and ordinarily
served at drug stores and soda fountains shall not be deemed to be
"food" as herein defined, it being the purpose and intent of this
definition and of the definition of "restaurant" that a drug store
having only a soda fountain and not serving sandwiches or meals of
any kind shall not be deemed to be a restaurant.
[Added 9-17-68; effective 10-19-68]
GENDER
Words importing the masculine gender include the feminine
and neuter.
GENERAL STATUTES
Means the revision of 1949 of the General Statutes of the
State of Connecticut and all amendments thereto.
JOINT AUTHORITY
All words giving a joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers unless otherwise specifically provided.
MONTH
Means a calendar month.
NUMBER
A word importing the singular number only may extend and
be applied to several persons or things, and a word importing the
plural number may apply to one person or thing.
OATH
Includes an affirmation in all cases in which by law an affirmation
may be substituted for an oath, and in such cases the words "swear"
and "sworn" shall be equivalent to the words "affirm" and "affirmed."
OWNER
Applied to a building or land, includes any part owner, joint
owner, tenant in common, tenant in partnership, or joint tenant of
the whole or of a part of such building or land.
PERSON
Shall extend and be applied to associations, firms, partnerships
and bodies politic and corporate as well as to individuals.
RESTAURANT
Any restaurant, coffee shop, coffee wagon, cafeteria, short-order
cafe, luncheonette, tavern, sandwich stand, drug store or soda fountain
serving or selling food, whether consumed on or off the premises,
and all other eating or drinking establishments, as well as kitchens
or other places in which food or drink is prepared for sale in another
restaurant or casual restaurant, but shall not include churches, parish
houses, private clubs or fraternal organizations not open to the general
public.
[Added 9-17-68; effective 10-19-68]
SIDEWALK
Means any portion of the street, usually lying on either
side thereof, between the curb and the adjacent property line, intended
for the use of pedestrians.
STREET
Includes avenues, boulevards, highways, roads, alleys, lanes,
viaducts, bridges and the approaches thereto, and all other public
thoroughfares in the town and means all that part thereof from the
property line of the premises abutting thereon.
STATE
Means the State of Connecticut.
TENANT, OCCUPANT
Applied to a building or land, means any person who occupies
the whole or a part of such building or land, whether alone or with
others.
TOWN
Means the Town of New Canaan in the County of Fairfield,
in the State of Connecticut.
WRITTEN, IN WRITING
Includes any representation of words, letters or figures,
whether by printing or otherwise.
YEAR
Means a calendar year.
The provisions appearing in this Code, insofar as they are the
same as those of the ordinances and bylaws existing at the time of
adoption of this Code, shall be considered as continuations thereof
and not as new enactments.
If any part, section, subsection, sentence, clause or phrase
of this Code is for any reason declared to be unconstitutional or
invalid, by a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Code.
The titles of the various sections of this Code, printed in
boldface type, are intended as descriptions to indicate the contents
of the sections and shall not be deemed to be a part of any section,
nor, unless expressly so provided, shall they be so deemed when any
section, including its title is amended or re-enacted.
When an ordinance which has repealed another shall itself be
repealed, the previous ordinance shall not be revived without express
words to that effect.
The repeal of an ordinance shall not affect any punishment,
penalty or forfeiture incurred before the repeal takes effect, or
any suit, prosecution or proceeding pending at the time of the repeal,
for any offense committed, or for the recovery of a penalty or forfeiture
incurred under the ordinance repealed.