[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments noted where applicable.]
Article I Use and Construction; General Penalty
Article II Adoption of Code
[Adopted 2-3-1981 as §§ 1-2 to 1-6 and 1-8 of the 1981 Code]
In the construction of this Code, and of all ordinances, the following rules shall be observed, unless the content clearly indicates otherwise:
Board of Selectmen. This term refers to the Board of Selectmen of the Town of Weston, Connecticut.
Code; this Code. Such terms shall refer to Part I, Ordinances, of the Code of the Town of Weston.
Gender. A word importing one gender only shall extend and be applied to the other genders as well.
Governing body. This term refers to the Board of Selectmen, except for those powers reserved to the Town Meeting by the Town Charter.
Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.
Personal property. The term "personal property" includes every species of property except real property, as herein defined.
Property. The word "property" shall include real and personal property.
Real property. The term "real property" shall include lands, tenements and hereditaments.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
State. The words "the state" or "this state" shall be construed to mean the State of Connecticut.
State law or general law. "State law" or "general law" shall refer to the General Statutes of Connecticut, as amended or revised, and may be abbreviated herein as Gen. Stats. or C.G.S.
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the Town, except as otherwise defined by the provisions of ordinances or regulations as set forth in this Code.
Tenant; occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Town. The terms "Town" and "the Town" shall refer to the Town of Weston, in the State of Connecticut, as shall the terms "municipal" and "the municipality."
The catchlines of the several sections of this Code printed in boldface type 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.
All ordinances subsequent to this Code which may amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of chapters, sections and subsections or any part thereof repealed by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby.
Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: "That Section _____ of the Code of the Town of Weston, Connecticut, is hereby amended to read as follows: ______." The new provisions shall then be set out in full as desired.
In the event a new section not theretofore existing in the Code is to be added, the following language may be used: "That the Code of the Town of Weston, Connecticut, is hereby amended by adding a section to be numbered ______, which said section reads as follows: _____."
All sections, articles, chapters or provisions desired to be repealed should be specifically repealed by section, article or chapter number, as the case may be.
By contract or by Town personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Board of Selectmen. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the governing body during the period covered by the supplement and all changes made thereby in the Code, and shall also include all amendments to the Charter adopted during the period, and may include special acts and public acts relating to Weston enacted during the period. 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 or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
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.
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 a unified code. For example, the codifier may:
Organize the ordinance material into appropriate subdivisions;
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles;
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ______ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted in 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 embodied in the Code.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
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.
Whenever in the Code or in any ordinance of the Town any act is prohibited or is made or declared to be unlawful or an offense, misdemeanor or public nuisance, or whenever in such Code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of such provision of this Code or any ordinance shall be punished by a fine not to exceed $100 unless a different limit is imposed by law, in which case the different limit shall be the amount of the fine.
Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense, except as otherwise provided.
The imposition of any punishment hereunder shall not prevent the enforced abatement of any unlawful condition by the Town.
The compilation of the ordinances of the Town of Weston, codified and consolidated into chapters and sections in the form attached hereto and made a part hereof, is hereby approved, adopted, ordained and enacted as the "Code of the Town of Weston, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Weston" 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.
All ordinances or parts of ordinances of the Town of Weston 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 adoption of this Code and the repeal of ordinances provided for in this section shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to December 20, 2012.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Town's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance adopting or amending the Zoning Map.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
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 Weston and shall remain there for use and examination by the public until final action is taken on this ordinance; if this ordinance shall be adopted, such copy shall be certified to by the Town Clerk of the Town of Weston, 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 Weston, 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 inserted in the 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 Weston 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 included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk of the Town of Weston 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 Weston, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Weston to be misrepresented thereby, or who violates any other provision of this ordinance, shall, upon conviction thereof, be subject to a fine of not more than $100.
In compiling and preparing the ordinances for publication as the Code of the Town of Weston, no changes in the meaning or intent of such ordinances have been made, except as provided in Subsections B and C 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 that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
The following changes are made throughout the Code:
References to specific chapters and sections of the Connecticut General Statutes are updated to reflect the numbering of the statutes as of the publication of this Code.
References to the Department of Environmental Protection and the Commissioner of the Department of Environmental Protection are revised to refer to the Department of Energy and Environmental Protection and the Commissioner of the Department of Energy and Environmental Protection, respectively.
In addition, the amendments and/or additions 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.)
Editor's Note: In accordance with § 1-16C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 6-10-2013." Schedule A, which contains a complete description of all the changes, is on file in the Town offices.
This ordinance shall take effect upon passage and publication as required by law.