[HISTORY: Adopted by the Town Meeting of
the Town of Killingworth as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-11-2008]
The compilation of the ordinances of the Town of Killingworth, codified and consolidated into chapters and sections in the form attached hereto and made a part hereof, and consisting of Chapters 1 through 445, is hereby approved, adopted, ordained and enacted as the "Code of the Town of Killingworth, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Killingworth" 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 ordinances in force immediately
prior to the enactment of the Code by this ordinance, are intended
as a continuation of such ordinances and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior ordinance. All such provisions are hereby continued in
full force and effect and are hereby reaffirmed as to their adoption
by the Town.
A.
All ordinances or parts of ordinances of the Town
of Killingworth 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any provisions of the Code are hereby repealed from and after the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.
B.
The following ordinances are specifically repealed:
an ordinance adopted August 24, 1964, providing for a uniform fiscal
year and installment payment of taxes over $50; an ordinance adopted
January 29, 1972, providing the term of office for the Town Clerk
and Registrars of Voters; and an ordinance adopted October 6, 2003,
imposing a service charge for delinquent taxes on motor vehicles.[1]
[1]
Editor's Note: As part of the motion to adopt the Code, the
Town Meeting also voted to omit the following from the Code as duplicative
of, or conflicting with, the Town Charter: an ordinance adopted 10-8-1952
relating to the Board of Fire Commissioners; ordinances adopted 5-8-1957,
11-16-1959 and 12-19-1960 relating to the Zoning Board of Appeals;
an ordinance adopted 11-16-1959 relating to the Board of Finance;
ordinances adopted 9-13-1965 and 9-2-1979 relating to the Planning
and Zoning Commission; ordinances adopted 12-11-1970 and 6-15-1997
relating to the Park and Recreation Commission; an ordinance adopted
1-22-1973 relating to the Conservation Commission; ordinances adopted
9-21-1973, 9-30-1980 and 10-24-2005 relating to the Inland
Wetlands and Watercourses Commission; an ordinance adopted 2-14-1977
relating to the Town Deposit Fund; and an ordinance adopted 11-19-1980
relating to the Water Pollution Control Commission.
If any clause, sentence, paragraph, section,
article or part of this ordinance or of any ordinance appearing in
the Code or included in this Code through supplementation, or the
application thereof to any person or circumstances, shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof or the
application thereof to other persons and circumstances but shall be
confined in its operation to the clause, sentence, paragraph, section,
article or part thereof and the persons and circumstances directly
involved in the controversy in which judgment shall have been rendered.
A copy of the Code has been filed in the office
of the Town Clerk of the Town of Killingworth 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 of the Town of Killingworth,
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 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 any of the ordinances in the Code of the Town of
Killingworth, or any new ordinances, when enacted or adopted in such
form as to indicate the intention that they be a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
Code 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 enacted or adopted, they shall
thereafter be incorporated into said Code as amendments and supplements
thereto.
It shall be the duty of the Town Clerk to keep
up-to-date the certified copy of the Code of the Town of Killingworth
required to be filed in the office of the Town Clerk for use by the
public. All changes in said Code and all ordinances adopted by the
Town subsequent to the enactment of this ordinance in such form as
to indicate the intention that they be a part of said Code shall,
when finally enacted or adopted, be included therein by temporary
attachment of copies of such changes until such changes are incorporated
as supplements to said Code book.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Town Clerk of the Town of Killingworth
or an authorized agent of the Town Clerk upon the payment of a fee
to be set by the Town. The Town Clerk may also arrange for procedures
for the periodic supplementation thereof.
Any person who, without authorization from the
Town Clerk, changes or amends, by additions or deletions, any part
or portion of the Code of the Town of Killingworth, or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Town of Killingworth to be misrepresented thereby,
or who violates any other provision of this ordinance, shall, upon
conviction thereof, be subject to a fine of $250.
A.
In compiling and preparing the ordinances for publication as the Code of the Town of Killingworth, no changes in the meaning or intent of such ordinances have been made, except as provided in Subsection B of this section. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Town Meeting 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 amendments as set forth in Schedule A 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]
[1]
Editor's Note: Schedule A, which contains
a complete description of all changes, is on file at the office of
the Town Clerk.
This ordinance shall take effect upon passage
and publication as required by law.
