The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, Town of Windsor, Connecticut," and may be so cited.
In the construction of this Code, and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:
Computation of time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
Council. The term "Council" or "the Council" shall mean the Town Council of the Town of Windsor.
Delegation of authority. Whenever a provision appears requiring the head of a department or officer of the Town to do some act or make certain inspections it is to be construed to authorize the head of the department or officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise. Reference to such department head or officer shall include duly authorized representatives.
Gender. A word importing the one gender shall extend to and be applied to the other gender.
Interpretation. In the interpretation and application of any provision of this Code it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
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.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words, "affirm" and "affirmed."
Officers, employees. The title of any officer or employee used herein shall be construed as if the words "of the town" followed it, and shall include such officers' or employee's duly authorized representative.
Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, 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, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
Personal property includes every species of property except real property.
Property. The word "property" shall include real and personal property.
Public place. The term "public place" shall include streets, highways, boulevards, alleys or other publicly owned or controlled ways and publicly, owned or controlled parks, squares, spaces, grounds and buildings; and may include private premises to which the public is invited or has legal access.
Real property shall include lands, tenements and hereditaments.
Shall, may. Wherever "shall" is used, it shall be mandatory; "may" is permissive.
State. The words "the state" or "this state" shall mean the State of Connecticut.
State law, general law, or general statutes shall refer to the General Statutes of Connecticut, revision of 1958, as amended.
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, sidewalks within the public right-of-way, and all other public ways.
Tenant, occupant. The word "tenant" or "occupant," as 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 present or past tense include the future as well as the present or past.
Town. The words "the town" shall mean the Town of Windsor, Connecticut.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
The repeal of an ordinance shall not revive any ordinance 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.
All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way affect this Code of Ordinances, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection, or any portion thereof, such repealed portions may be excluded from said Code by omission from reprinted pages.
Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section _____ of the Code of Ordinances, Town of Windsor, 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 heretofore existing in the Code is to be added, the following language should be used: "That the Code of Ordinances, Town of Windsor, is hereby amended by adding a section to be numbered ______, which said section reads as follows: . . ." The section shall then be set out in full as desired.
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 Council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed 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 Windsor 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.
It shall be unlawful for any person to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town to be misrepresented thereby.
It shall be unlawful for any person to violate or fail to comply with any provision of this Code, and where no specific penalty is provided therein, the violation of any provision of this Code shall be punishable by a fine not exceeding $100. Each day any such violation shall continue shall constitute a separate offense and shall be punishable as such.
If the provisions of different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject of such chapter. If conflict shall continue after the application of the aforesaid rule, the provisions which shall have the higher standard or the more severe penalty or, failing these, the most recent date of passage, shall prevail.
A copy of this Code shall be kept on file in the office of the Town Clerk. It shall be the duty of the Town Clerk to insert in their designated places all amendments when the same have been printed or reprinted in page form and to extract from such Code all provisions which may be from time to time repealed. A copy of such Code shall be available for all persons desiring to examine the same. It shall also be the duty of the Town Clerk to keep a separate record of each amendment, properly numbered and dated as to its passage and its effective date.
A copy of all special acts, if available, shall be kept on file in the office of the Town Clerk in a separate place from other ordinances, laws or regulations.
It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code.