[Adopted 6-10-1980]
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WHEREAS, the Town of Brookfield has reviewed its legislation
and adopted an ordinance providing for the repeal of certain obsolete
ordinances and an ordinance making certain technical changes to said
ordinances, and
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WHEREAS, it is deemed advisable to codify these revised ordinances
into a volume to be known as the "Code of the Town of Brookfield"
and to adopt said codification, and
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WHEREAS, a copy of the Code in its rough draft form with changes
noted therein has been filed in the office of the Town Clerk for review
and examination by the public, and
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WHEREAS, it is intended that upon adoption of this ordinance
the Code of the Town of Brookfield will be published,
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NOW, therefore, be it ordained as follows:
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The compilation of the Charter, ordinances, Zoning Regulations
and Land Subdivision Regulations of the Town of Brookfield, codified
and consolidated into titles, chapters and sections in the form attached
hereto and made a part hereof, is hereby approved, adopted, ordained
and enacted as and to be called the "Code of the Town of Brookfield,
Connecticut."
A.
All
ordinances of the Town of Brookfield heretofore enacted and in force
and effect on the date of adoption of this ordinance and not contained
in the Code of the Town of Brookfield, Connecticut, or which have
been heretofore enacted and are inconsistent with any provisions of
any ordinance contained in the Code are hereby repealed as of the
effective date of this Adopting Ordinance, except as hereinafter provided.
B.
Nothing
herein shall be construed as repealing or altering the Charter or
Zoning and Land Subdivision Regulations of the Town of Brookfield.
The adoption of this Code and the repeal of ordinances provided for in § 1-2 of this ordinance shall not affect the following ordinances, regulations, rights and obligations, which are expressly saved from repeal:
A.
Any
ordinance or regulation adopted subsequent to April 1, 1980.
B.
Any
right or liability established, accrued or incurred under any legislative
provision of the Town of Brookfield prior to the effective date of
this ordinance, or any action or proceeding brought for the enforcement
of such right or liability.
C.
Any
obligation or liability by reason of any offense or act committed
or done before the effective date of this ordinance in violation of
any legislative provision of the Town of Brookfield, or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town Meeting.
E.
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 Town of Brookfield.
F.
Any
ordinance of the Town of Brookfield providing for the laying out,
opening, altering, widening, relocating, straightening, establishing
of grade, permitting of encroachment, changing of name, improvement,
acceptance or vacation of any right-of-way, easement, street, road,
highway, park or other public place within the Town of Brookfield
or any portion thereof.
G.
Any
ordinance or resolution of the Town of Brookfield appropriating money
or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the Town of
Brookfield 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 or obligation.
I.
The
levy or imposition of taxes, assessments or charges.
J.
The
dedication of property or approval of preliminary or final subdivision
plats.
All provisions contained in the compilation provided for herein
and known as the "Code of the Town of Brookfield, Connecticut," shall
be in full force and effect on and after the effective date of this
ordinance.
A.
In
compiling and preparing the ordinances of the Town of Brookfield for
adoption as part of the Code of the Town of Brookfield, certain grammatical
changes, changes in nomenclature and/or technical or minor changes
were made in one or more of said ordinances. It is the intention of
the Town Meeting of the Town of Brookfield that all such changes be
adopted as part of the Code of the Town of Brookfield, Connecticut,
as if the ordinances so changed had been previously amended to read
as such.
B.
In
printing and publishing the Code of the Town of Brookfield, Connecticut,
certain changes in the order of things, titling and indexing and certain
changes in the number of provisions are anticipated and may be made.
It is the intention of the Town Meeting of the Town of Brookfield
that all such changes be and they hereby are adopted as part of the
Code of the Town of Brookfield, Connecticut, as if the ordinances
so changed had been previously amended to read as such.
A copy of the Code of the Town of Brookfield, Connecticut, in
loose-leaf form, has been filed in the office of the Town Clerk of
the Town of Brookfield and shall remain there for use and examination
by the public during all business hours 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 Brookfield
by impressing thereon the Seal of said Town, and such certified copy,
as from time to time amended and recertified as hereinafter provided,
shall remain on file in the office of the Town Clerk, to be made available
during business hours to persons desiring to examine the same.
A.
Charter.
Any and all amendments or supplements to the Town Charter, or repeal
thereof in whole or in part, adopted pursuant to applicable state
law subsequent to the aforesaid date of April 1, 1980, shall, upon
the adoption and certification by the Town Clerk of said change, become
part of the Code of the Town of Brookfield, Connecticut.
B.
Ordinances.
Any and all additional ordinances, amendments or supplements to ordinances
or repeal of ordinances in whole or in part, adopted subsequent to
the aforesaid date of April 1, 1980, shall, upon said adoption and
certification by the Town Clerk, become part of the Code of the Town
of Brookfield, Connecticut.
C.
Regulations.
(1)
Any and all additional Zoning or Land Subdivision Regulations, amendments
or supplements to said regulations or specifications, or repeal in
whole or part thereof, subsequent to the aforesaid date of April 1,
1980, shall, upon adoption and certification by the Town Clerk, become
part of the Code of the Town of Brookfield, Connecticut.
D.
All
changes in the Charter, ordinances, specifications and regulations
as aforesaid shall be deemed to be incorporated into such Code, so
that reference to the Code of the Town of Brookfield, Connecticut,
shall be understood and intended to include such additions and amendments.
Any such additions, amendments, supplements or repeals as adopted
shall thereafter be printed and, as provided hereunder, inserted in
the loose-leaf book containing said Code, as amendments and supplements
thereto.
It shall be the duty of the Town Clerk, or such other person
authorized and directed by the Town Clerk, to keep up-to-date, in
loose-leaf form, a copy of the book containing the Code of the Town
of Brookfield, Connecticut. Said up-to-date copy of the Code shall
be filed in the office of the Town Clerk of the Town of Brookfield
and shall remain there for use and examination by the public and shall
be made available to persons desiring to examine the same during business
hours. All changes in said Code shall be included in the Code by reference
until such changes or new ordinances are printed as supplements to
said Code, at which time such supplements shall, upon certification
by the Town Clerk, be inserted therein.
It shall be the duty of the First Selectman to have printed
and distributed copies of the Code of the Town of Brookfield, Connecticut,
together with amendments and supplements thereto, from time to time.
Said First Selectman shall provide the Town Clerk with sufficient
copies of the Code and supplements and amendments thereto so as to
enable the Town Clerk to comply with Connecticut General Statutes,
Section 7-148a, as amended.
Nothing contained herein shall abridge the legal authority of
any board, commission or agency of the Town of Brookfield to make,
publish, adopt, repeal, change or amend its rules, regulations or
bylaws in accordance with law.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code of the
Town of Brookfield or to alter or tamper with such Code in any manner
whatsoever which will cause the law of the Town of Brookfield to be
misrepresented thereby. A violation of this section shall be punishable,
upon conviction, by a fine of not to exceed $100.
This ordinance shall be effective 21 days after publication
in a newspaper having a circulation in the Town of Brookfield.
