[Adopted 8-5-1996 by the Board of Selectmen, effective 8-25-1996]
The compilation of the ordinances of the Town of Somers, codified and
consolidated into parts, chapters and sections in the form attached hereto
and made a part hereof, is hereby approved, adopted, ordained and enacted
as the "Code of the Town of Somers, Connecticut," hereinafter called the "Code."
All provisions contained in the compilation provided for herein and known
as the "Code of the Town of Somers" shall be in force and effect on and after
the effective date of this article.
The provisions of the Code, insofar as they are substantively the same
as those ordinances in force immediately prior to the enactment of the Code
by this article, 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 Town Meeting or Board of Selectmen.
All ordinances or parts thereof of the Town of Somers of a general and
permanent nature in force on the date of the adoption of this article which
are inconsistent with any provisions of the Code are hereby repealed from
and after the effective date of this article; provided, however, that nothing
herein shall be construed as repealing or altering the zoning, subdivision
of land or inland wetlands and watercourses regulations or the sewer use charge
system of the town.
Nothing contained herein shall abridge the legal authority of any board,
commission or agency of the Town of Somers to make, publish, adopt, repeal,
change or amend its rules, regulations or bylaws in accordance with law.
If any clause, sentence, paragraph, section, article or part of this
article or of any ordinance or regulation appearing in the Code or 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 judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the office
of the Town Clerk of the Town of Somers and shall remain there for use and
examination by the public until final action is taken on this article; and,
if this article shall be adopted, such copy shall be certified to by the Town
Clerk of the Town of Somers by impressing thereon the Seal of the Town of
Somers, and such certified copy shall remain on file in the office of said
Town Clerk to be made available to persons desiring to examine the same during
all times while said Code is in effect. The enactment and publication of this
article, 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 Town of Somers" or any
new ordinances, when enacted or adopted in such form as to indicate the intention
of the Town Meeting or Board of Selectmen 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 article shall affect the
status of any ordinance contained herein, and such ordinances may be amended,
deleted or changed from time to time as the Town Meeting or Board of Selectmen
deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the certified
copy of the book containing the Code of the Town of Somers required to be
filed in the office of the Town Clerk for use by the public. All changes in
said Code and all ordinances adopted by the Town Meeting or Board of Selectmen
subsequent to the enactment of this article in such form as to indicate the
intention of said Meeting or Board to be a part of said Code shall, when finally
enacted or adopted, be included therein by temporary attachment of copies
of such changes until such changes 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 Town Clerk of the Town
of Somers upon the payment of a fee to be set by resolution of the Board of
Selectmen, which Board may also arrange by resolution for procedures for the
periodic supplementation thereof.
In compiling and preparing the ordinances for publication as the Code
of the Town of Somers, no changes in the meaning or intent of such ordinances
have been made, except as have been made by formal amendment thereto. Certain
grammatical changes and other minor nonsubstantive changes were made in one
or more of said ordinances, as authorized by the town. It is the intention
of the town that all such changes be adopted as part of the Code as if the
ordinances had been previously formally amended to read as such.
