[HISTORY: Adopted by the Town of Weston as
indicated in article histories. Amendments noted where applicable.]
[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:
A.
Board of Selectmen. This term refers to the Board
of Selectmen of the Town of Weston, Connecticut.
B.
Code; this Code. Such terms shall refer to Part I,
Ordinances, of the Code of the Town of Weston.
C.
Gender. A word importing one gender only shall extend
and be applied to the other genders as well.
D.
Governing body. This term refers to the Board of Selectmen,
except for those powers reserved to the Town Meeting by the Town Charter.
E.
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.
F.
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.
G.
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.
H.
Person. The word "person" shall extend and be applied
to associations, firms, partnerships and bodies politic and corporate
as well as to individuals.
I.
Personal property. The term "personal property" includes
every species of property except real property, as herein defined.
J.
Property. The word "property" shall include real and
personal property.
K.
Real property. The term "real property" shall include
lands, tenements and hereditaments.
L.
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.
M.
State. The words "the state" or "this state" shall
be construed to mean the State of Connecticut.
N.
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.
O.
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.
P.
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.
Q.
Tense. Words used in the past or present tense include
the future as well as the past and present.
R.
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.
A.
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.
B.
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.
C.
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: _____."
D.
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.
A.
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.
B.
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.
C.
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:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
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;
(3)
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;
(4)
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
(5)
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.
A.
The repeal of an ordinance shall not revive any ordinances
in force before or at the time the ordinance repealed took effect.
B.
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.
A.
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.
B.
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.
C.
The imposition of any punishment hereunder shall not
prevent the enforced abatement of any unlawful condition by the Town.
[Adopted 6-10-2013]
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:
A.
Any
ordinance adopted subsequent to December 20, 2012.
B.
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.
C.
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.
D.
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.
E.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
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.
G.
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.
H.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
I.
The
levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J.
The
dedication of property or approval of preliminary or final subdivision
plats.
K.
All
currently effective ordinances pertaining to the rate and manner of
payment of salaries and compensation of officers and employees.
L.
Any
ordinance adopting or amending the Zoning Map.
M.
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.
A.
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.
B.
The following changes are made throughout the Code:
(1)
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.
(2)
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.
C.
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.)[1]
[1]
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.
