Town of Windham, CT Chapter 1 General Provisions

Sec. 1-1 How Code designated and cited.

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances of the Town of Windham, Connecticut," and may be so cited.

Sec. 1-2 Rules of construction and definitions.

In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Selectmen:

Generally. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the particular. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

Board. Whenever the word "board" is used, unless otherwise specified, it shall be construed to mean the Board of Selectmen of the Town of Windham, Connecticut.

Charter. The word "Charter" shall refer to the Charter of the Town of Windham, as printed in part I of this volume.

Code. The word "Code" shall mean the Code of Ordinances of the Town of Windham, Connecticut, as designated in Section 1-1.

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.

Corporate limits, corporation limits. Whenever the words "corporate limits," "corporation limits" or "town limits" are used, they shall mean the legal boundary of the Town of Windham.

Delegation of authority. Whenever a provision appears requiring the head of a department of the town to do some act or make certain inspections, it is to be construed to authorize the head of the department 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.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

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.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Keeper, proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

Month. The word "month" shall mean a calendar month.

Name of officer or employee. Whenever the name of an officer or employee is given, it shall be construed as though the words "of the Town of Windham" were added.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

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."

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. The term "personal property" includes every species of property except real property, as herein described.

Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.

Premises. Whenever the word "premises" is used, it shall mean place or places.

Property. The word "property" shall include real and personal property.

Real property. The term "real property" shall include lands, tenements and hereditaments.

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.

Signature or subscription. The word "signature" or "subscription" of a person shall include a mark when the person cannot write.

State. The words "the state" shall be construed to 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 include, but shall not be limited to, streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the town.

Tenant, occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or land, either alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

Week. The word "week" shall be construed to mean seven days.

Written, in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The word "year" shall mean a calendar year.

Sec. 1-3 Catchlines and headings.

The catchlines of the several sections of this Code, printed in boldface type, and the chapter, article and division headings are intended as mere catchwords to indicate the contents of the section, chapter, article or division and shall not be deemed or taken to be titles of such section, chapter, article or division, nor, unless expressly so provided, shall they be so deemed when any of such section, chapter, article or division, including the catchlines, are amended or reenacted.

Sec. 1-4 History notes and references.

The history notes appearing in parentheses after each section and the references and editor's notes scattered throughout the Code are for the benefit of the user of the Code and shall not be considered as part of the text of the Code.

Sec. 1-5 Effect of repeal of ordinances.

(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.

Sec. 1-6 Altering 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, to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Windham to be misrepresented thereby.

Sec. 1-7 General penalty; continuing violations.

(a) Whenever in this Code or in any ordinance or resolution of the town any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code, ordinance or resolution the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific fine or penalty is provided therefor, the violation of any provision of this Code or any such ordinance or resolution shall be punished by a fine not exceeding $100; each day any violation of any provision of this Code or of any such ordinance or resolution shall continue shall constitute a separate offense.

(b) In addition to the fine or penalty herein-above provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the town, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.

(c) In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of the ordinances of the town, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.

(d) Obedience to the provisions hereinafter set forth may be enforced by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in this section or by civil action for a penalty, or by civil remedy at law or equity by way of injunction, or otherwise to abate or prevent a violation of the provisions of this Code of Ordinances. Neither a judgment in, nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in or the pendency of a civil action at law or in equity shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.

Sec. 1-8 Amendments to Code.

(a) 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 Ordinances, Town of Windham, Connecticut, is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired.

(b) If a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, Town of Windham, Connecticut, is hereby amended by adding a section, to be numbered _____, which section reads as follows: . . . ." The new section shall then be set out in full as desired.

Sec. 1-9 Supplementation of Code.

(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 parts of permanent and general ordinances passed by the Board of Selectmen during the period covered by the supplement and all changes made thereby in the Code. 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);

(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into 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.

Sec. 1-10 Severability of parts of Code.

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 by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

Sec. 1-11 Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:

(1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code;

(2) Any ordinance promising or guaranteeing the payment of money for the town or authorizing the issuance of any bonds of the town or any evidence of the town's indebtedness, or any contract or obligation assumed by the town;

(3) The administrative ordinances of the town, not in conflict or inconsistent with the provisions of such Code;

(4) Any ordinance fixing salaries of officers or employees of the town;

(5) Any appropriation ordinance;

(6) Any right or franchise granted by the Board of Selectmen to any person, firm or corporation;

(7) An ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the town;

(8) Any ordinance establishing and prescribing the street grades of any street in the town;

(9) Any ordinance providing for local improvements or assessing taxes therefor;

(10) Any ordinance dedicating or accepting any plat or subdivision in the town or providing regulations for the same;

(11) Any ordinance annexing property to the town;

(12) Any zoning ordinance or regulations of the town;

(13) Any ordinance regulating the erection, alteration, repair, demolition, moving or removal of buildings or other structures;

(14) Any ordinance levying or imposing taxes;

(15) Any regulations of the inland wetlands and watercourses commission;

(16) Any regulations of the Water Pollution Control Authority;

(17) Any temporary or special ordinance;

(18) Any ordinance enacted after January 1, 1991;

and all such ordinances and regulations are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.