Town of Stratford, CT General Provisions

In the construction of this Code and of all ordinances of the Town, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the Town Council or the context clearly requires otherwise.

Definitions. As used in this Code, the following terms shall have the meanings indicated:

COUNTY

The County of Fairfield in the State of Connecticut.

GENERAL STATUTES

The revision of 1958 of the General Statutes of the State of Connecticut and all amendments thereto.

MONTH

A calendar month.

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, tenant in common, tenant in partnership or joint tenant, with or without right of survivorship of the whole or of a part of such building or land.

PERSON

Extends and is applied to associations, firms, partnerships and bodies politic and corporate, as well as to individuals.

PRECEDING and FOLLOWING

Next before and next after, respectively.

SIDEWALK

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.

SIGNATURE and SUBSCRIPTION

Include a mark when the person cannot write.

STATE

The State of Connecticut.

STREET

Includes avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the Town and all that part thereof between the property lines of the premises abutting thereon.

TENANT and OCCUPANT

Applied to a building or land, any person who occupies the whole or a part of such building or land, whether alone or with others.

TOWN

The Town of Stratford in the State of Connecticut.

TOWN COUNCIL or COUNCIL

The Town Council of the Town of Stratford, Connecticut.

WRITTEN or IN WRITING

Includes any representation of words, letters or figures, whether by printing or otherwise.

YEAR

A calendar year.

Rules of construction.

[Amended 3-12-2007 by Ord. No. 07-03]

(1)

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 is Sunday or a legal holiday, that day shall be excluded.

(2)

Gender. Words importing the masculine gender include the feminine and neuter.

(3)

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.

(4)

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.

(5)

Town Manager. In §§ 5-5, 5-6, 5-11, 5-14, 5-15, 5-80, 5-81, 6-2, 6-3, 7-4, 8-3, 8-6, 14-2, 14-4, 14-7, 22-8, 22-9, 25-36, 25-45, 25-46, 35-3, 42-13, 44-3, 44-18, 58-1, 83-10, 83-13, 83-21, 88-2, 88-4, 88-5, 116-23, 133-14, 133-15, 140-6, 143-2, 144-1, 144-2, 144-3, 153-2, 161-2, 182-13, 186-12, 186-14, 186-45, 186-52, 191-10, 191-13, 196-1, 203-7, 214-3, 214-4, 214-5, 214-7, and 214-8 of this Code, unless otherwise provided by the Charter of the Town of Stratford, or any other applicable law, and until such section has been amended by ordinance of the Stratford Town Council:

(a)

Any power, right or authority formerly conferred by this Code upon the Town Manager shall be deemed and construed to be conferred upon the Mayor;

(b)

Any duty, obligation or responsibility formerly imposed by this Code upon the Town Manager shall be deemed and construed to be imposed upon the Mayor;

(c)

Any correspondence or notification of any kind formerly required by this Code to be served upon, delivered to, or provided by the Town Manager shall be deemed and construed to be correspondence or notification required to be served upon, delivered to, or provided by the Mayor.

§ 1-3 Continuation of existing laws.

The provisions appearing in this Code, insofar as they are in substance the same as those of the ordinances existing at the time of the adoption of this Code, shall be considered as continuations thereof and not as new enactments.

§ 1-4 Severability.

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.

§ 1-5 Catch lines of sections.

The catch lines of the various sections of this Code, printed in boldface type, are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of any section, nor, unless expressly so provided, shall they be so deemed when any section, including its catch line, is amended or reenacted.

§ 1-6 Repeals not to revive former ordinance.

When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.

§ 1-7 Effect of repeals on prior rights and penalties.

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.

§ 1-8 General penalty.

Except as otherwise provided in this Code, whenever in this Code, or in any other ordinance of the Town or in any rule, regulation or order promulgated pursuant to such Code or other ordinance of the Town, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in such Code, or in such other Town ordinance, rule, regulation or order, the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or of any other ordinance of the Town or of any rule, regulation or order promulgated pursuant to such Code or other Town ordinance shall be punished by a fine not exceeding $100.

[Amended 4-13-1987]

Each day any violation of this Code or any other Town ordinance or rule, regulation or order promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.

Article II Adoption of Code

[Adopted 6-8-1988]

§ 1-9 Adoption.

The compilation of the Charter, Town ordinances and Zoning and Land Subdivision Regulations of the Town of Stratford, 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 Stratford, Connecticut."

§ 1-10 Repeal of inconsistent ordinances.

All ordinances of the Town of Stratford 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 Stratford, 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.

Nothing herein shall be construed as repealing or altering the Charter or Zoning and Land Subdivision Regulations of the Town of Stratford.

§ 1-11 Matters not affected by repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-10 of this ordinance shall not affect the following ordinances, regulations, rights and obligations, which are expressly saved from repeal:

Any ordinance or regulation adopted subsequent to January 1, 1987.

Any right or liability established, accrued or incurred under any legislative provision of the Town of Stratford prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.

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 Stratford or any penalty, punishment or forfeiture which may result therefrom.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town Council.

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 Stratford.

Any ordinance of the Town of Stratford 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 Stratford or any portion thereof.

Any ordinance or resolution of the Town of Stratford 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 Stratford or other instruments or evidence of the Town's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

The levy or imposition of taxes, assessments or charges.

The dedication of property or approval of preliminary or final subdivision plats.

Special Acts.

Any ordinance establishing or changing Town boundaries.

§ 1-12 When Code effective.

All provisions contained in the compilation provided for herein and known as the "Code of the Town of Stratford, Connecticut," shall be in full force and effect on and after the effective date of this ordinance.

§ 1-13 Nomenclature, technical and other minor changes.

In compiling and preparing the ordinances of the Town of Stratford for publication as part of the Code of the Town of Stratford, certain grammatical changes, changes in nomenclature and/or technical or minor changes were made in one or more of said ordinances. It is the intention of the Town Council of the Town of Stratford that all such changes be adopted as part of the Code of the Town of Stratford, Connecticut, as if the ordinances so changed had been previously amended to read as such.

In printing and publishing the Code of the Town of Stratford, Connecticut, certain changes in the order of things, titling and indexing and certain changes in the numbering of provisions are anticipated and may be made. It is the intention of the Town Council of the Town of Stratford that all such changes be and they hereby are adopted as part of the Code of the Town of Stratford, Connecticut, as if the ordinances so changed had been previously amended to read as such.

§ 1-14 Certified copy on file.

A copy of the published Code of the Town of Stratford, Connecticut, shall be certified to by the Town Clerk of the Town of Stratford 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.

§ 1-15 Amendments.

Charter. Any and all amendments or supplements to the Town Charter, or repeal thereof in whole or in part, adopted pursuant to applicable state law subsequent to the date in § 1-11A of this ordinance shall, upon the adoption and certification by the Town Clerk of said change, become part of the Code of the Town of Stratford, Connecticut.

Ordinances. Any and all additional ordinances, amendments or supplements to ordinances, or repeal of ordinances in whole or in part, properly adopted subsequent to the date in § 1-11A of this ordinance shall, upon said adoption and certification by the Town Clerk, become part of the Code of the Town of Stratford, Connecticut.

Regulations. Any and all additional zoning or land subdivision regulations, amendments or supplements to said regulations or specifications, or repeal in whole or part thereof, subsequent to the date in § 1-11A of this ordinance shall, upon proper adoption and certification by the Town Clerk, become part of the Code of the Town of Stratford, Connecticut.

All changes in the Charter, ordinances, specifications and regulations as aforesaid shall be deemed to be incorporated into such Code so that reference to the Code of the Town of Stratford, 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.

§ 1-16 Code book to be kept up-to-date.

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 looseleaf form, a copy of the book containing the Code of the Town of Stratford, Connecticut. Said up-to-date copy of the Code shall be filed in the office of the Town Clerk of the Town of Stratford 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.

§ 1-17 Publication and distribution.

It shall be the duty of the Town Council to have printed and distributed copies of the Code of the Town of Stratford, Connecticut, together with amendments and supplements thereto, from time to time. Said Town Council 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, Section 7-148a, as amended.

§ 1-18 Abridgement of powers.

Nothing contained herein shall abridge the legal authority of any board, commission or agency of the Town of Stratford to make, publish, adopt, repeal, change or amend its rules, regulations or bylaws in accordance with law.

§ 1-19 Severability of Code provisions.

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 section or part thereof.

§ 1-20 Severability of ordinance provisions.

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.

§ 1-21 Altering or tampering with Code.

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 Stratford or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Stratford to be misrepresented thereby. A violation of this section shall be punishable, upon conviction, by a fine not to exceed $100.