[HISTORY: Adopted by the City Council of the City of West Haven: Art. I, 2-27-1989 by Ord. No. 278. Amendments noted where applicable.]
[Adopted 2-27-1989 by Ord. No. 278]
The compilation of the Charter and the ordinances of the City of West Haven referred to in § 1-2 below shall be known collectively as the "Code of the City of West Haven," hereafter termed the "Code," and the various parts and sections of such ordinances shall be distributed and designated as provided and set forth in § 1-2 of this Article. Wherever reference is made in any of the ordinances contained in the Code of the City of West Haven to any other ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, Article number or section number appearing below, as if such ordinance had been formally amended to so read.
(Sections providing for severability of provisions, repeal of conflicting legislation and effective dates which are covered by provisions of this ordinance have been omitted from the Code, and such sections are indicated as "Omitted" in the table which follows.)
The provisions of the Code, insofar as they are substantively the same as those of ordinances in force immediately prior to the enactment of the Code by this ordinance, as distributed and renumbered in § 1-2 above, 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 Council of the City of West Haven, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
All ordinances of a general and permanent nature of the City of West Haven in force on the date of the adoption of this ordinance and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-4 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of the City of West Haven prior to the effective date of this ordinance, or any action or proceeding brought for the enforcement of such right or liability.
An offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the City of West Haven, 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 of the City of West Haven.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the City of West Haven.
Any ordinance of the City of West Haven providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the City of West Haven or any portion thereof.
Any ordinance of the City of West Haven appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the City of West Haven or other instruments or evidence of the city's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of taxes, special assessments or charges.
The dedication of property.
Any legislation relating to salaries.
All legislation adopted subsequent to March 28, 1988.
Amendments made to the Fire Prevention Code and the October 1966 Revision thereof, as contained in Section IV of Ordinance No. 95, adopted January 27, 1969.
All legislation related to vehicles and traffic, including but not limited to Ordinance Nos. 51 (adopted January 24, 1966), 68 (adopted July 24, 1967), 69 (adopted August 28, 1967), 124 (adopted September 13, 1971), 130 (adopted June 26, 1972), 161 (adopted February 13, 1979), 198 (adopted March 23, 1988), 203 (adopted June 13, 1983), 215 (adopted June 25, 1984) and 216 (adopted August 27, 1984).
If any clause, sentence, paragraph, section, Article or part of this ordinance or of any ordinance cited in the table in § 1-2 hereof, or any legislation included in this Code through supplementation, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, Article or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the office of the Clerk of the Council of the City of West Haven 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 Clerk of the Council of the City of West Haven by impressing thereon the Seal of the City of West Haven, and such certified copy shall remain on file in the office of said Clerk of the Council to be made available to persons desiring to examine the same during all times while the 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 known collectively as the "Code of the City of West Haven," or any new ordinances, when enacted or adopted in such form as to indicate the intention of the Council to 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 printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance contained herein, and such ordinances may be amended, deleted or changed from time to time as the Council deems desirable.
It shall be the duty of the Clerk of the Council to keep up-to-date the certified copy of the book containing the Code of the City of West Haven required to be filed in the office of the Clerk of Council for use by the public. All changes in said Code and all ordinances adopted by the Council subsequent to the enactment of this ordinance in such form as to indicate the intention of said Council to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or ordinances until such changes or ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code may be purchased from the Clerk of the Council of the City of West Haven upon the payment of a fee to be set by the Council, which Council may also arrange for procedures for the periodic supplementation thereof.
Any person who, without authorization from the Clerk of the Council, changes or amends, by additions or deletions, any part or portion of the Code of the City of West Haven, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of West Haven to be misrepresented thereby, or who violates any other provision of this ordinance, shall be fined not more than $100.
In compiling and preparing the ordinances for publication as the Code of the City of West Haven, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
In addition, the following changes, amendments or revisions 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: Pursuant to § 1-12B, the following Code sections were amended or added; §§ 36-1, 46-5, 73-1, 73-2, 73-3, 73-5, 93-26, 97-7, 105-1, 127-65, 139-1A, 142-21D, 146-4, 146-6B, 146-8A(1) and B, 146-9A(3), 146-19, 146-20, 146-21B, 154-6, 154-12, 158-3, 162-28, 162-29A(1) and B(1), 162-31, 162-32B, 162-37, 166-5, 170-19, 170-31, 174-3A(3) and C, 183-3, 191-30A, 191-31A and C, 191-32, 191-35, 191-56, 191-60, 191-69, 202-5, 202-6C, 206-2, 206-3, 206-4 and 206-17A. In addition, the following sections are deleted: Sections 5D and 5L of Ord. No. 214, adopted 6-25-1984; Subsection (u) of Paragraph 101 (definition of "town") of Ord. No. 98, adopted 4-28-1969, A complete description of these changes is on file in the office of the Clerk of the Council.
Nothing contained herein shall abridge the legal authority of any board, commission or agency of the City of West Haven to make, publish, adopt, repeal, change or amend its rules, regulations or bylaws in accordance with law.
This ordinance was enacted by the City Council Monday, February 27, 1989; approved by the Mayor, Azelio M. Guerra, February 28, 1989; and operative and in effect 30 days from the above date of the Mayor's approval.