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.
(a)Â
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.
(b)Â
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)Â
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)Â
Organize the ordinance material into appropriate subdivisions;
(2)Â
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)Â
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)Â
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)Â
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.
