City of Derby, CT Adoption of Code

§ 1-1 Adoption and filing of Code.

There is hereby adopted by the city that certain Code entitled "The Charter and Revised Ordinances of Derby, Connecticut" containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 25, both inclusive,[1] of which Code not less than three copies have been and are now filed in the office of the City Clerk.

[1]

Editor's Note: See Art. III, Adoption of Renumbering.

§ 1-2 Effective date of provisions; repealer.

The provisions of such Code shall be in force on and after September 28, 1976, and all ordinances of a general and permanent nature adopted on final reading and passage on or before April 1, 1976, and not contained in such Code are hereby repealed from and after September 28, 1976, except as hereinafter provided.

§ 1-3 Applicability of repealer.

The repeal provided for in the preceding section of this article shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before September 28, 1976; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to September 28, 1976; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issue of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the city on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the city officers or employees; nor shall it affect any ordinance annexing territory to the city; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the city; nor shall it affect any ordinance adopted on final reading and passage after April 1, 1976.

§ 1-4 Penalties for enforcement.

Whenever in the Code adopted by this article or in any other ordinance of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority vested in him or it by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefore, the violation of any such provision of such Code or any other ordinance of the city or such rule, regulation or order shall be punished by a fine not exceeding $100. In the event any provision of state law imposes or requires any other or different penalty for the violation of any such provision of such Code or any other ordinance of the city or such rule, regulation or order, then such state law shall control, and the penalty thereby required or imposed shall be applied.

Except where otherwise provided, every day any violation of such Code or any other ordinance of the city or such rule, regulation or order shall continue shall constitute a separate offense.

§ 1-5 Severability.

It is hereby declared to be the intention of the city that the sections, paragraphs, sentences, clauses and phrases of this article and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this article or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this article or the Code hereby adopted.