[HISTORY: Adopted New Canaan Board of Selectmen 7-11-57; effective 9-15-57. Amendments noted where applicable.]
The ordinances and bylaws embraced in this and the following chapters and sections shall constitute and be designated as "The Code of the Town of New Canaan, Connecticut," and may be so cited.
In the construction of this Code and of all ordinances and bylaws of the town, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the Board of Selectmen or the context clearly requires otherwise:
- CASUAL RESTAURANT
- A restaurant operating for a temporary period in connection
with a fair, carnival, circus, public exhibition or similar public
function.[Added 9-17-68; effective 10-19-68]
- COMPUTATION OF TIME
- The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded.
- Means the County of Fairfield in the State of Connecticut.
- All articles used for food, drink, confectionery or condiment,
and all substances or ingredients used in the preparation thereof.
Ice cream, ice-cream sodas, sundaes and soft drinks usually and ordinarily
served at drug stores and soda fountains shall not be deemed to be
"food" as herein defined, it being the purpose and intent of this
definition and of the definition of "restaurant" that a drug store
having only a soda fountain and not serving sandwiches or meals of
any kind shall not be deemed to be a restaurant.[Added 9-17-68; effective 10-19-68]
- Words importing the masculine gender include the feminine and neuter.
- GENERAL STATUTES
- Means the revision of 1949 of the General Statutes of the State of Connecticut and all amendments thereto.
- 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 unless otherwise specifically provided.
- Means a calendar month.
- A word importing the singular number only may extend and be applied to several persons or things, and a word importing the plural number may apply to one person or thing.
- Includes 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."
- Applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, or joint tenant of the whole or of a part of such building or land.
- Shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.
- PRECEDING, FOLLOWING
- Means next before and next after, respectively.
- Any restaurant, coffee shop, coffee wagon, cafeteria, short-order
cafe, luncheonette, tavern, sandwich stand, drug store or soda fountain
serving or selling food, whether consumed on or off the premises,
and all other eating or drinking establishments, as well as kitchens
or other places in which food or drink is prepared for sale in another
restaurant or casual restaurant, but shall not include churches, parish
houses, private clubs or fraternal organizations not open to the general
public.[Added 9-17-68; effective 10-19-68]
- Means any portion of the street, usually lying on either side thereof, between the curb and the adjacent property line, intended for the use of pedestrians.
- SIGNATURE, SUBSCRIPTION
- Includes a mark when the person cannot write.
- Includes avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto, and all other public thoroughfares in the town and means all that part thereof from the property line of the premises abutting thereon.
- Means the State of Connecticut.
- TENANT, OCCUPANT
- Applied to a building or land, means any person who occupies the whole or a part of such building or land, whether alone or with others.
- Means the Town of New Canaan in the County of Fairfield, in the State of Connecticut.
- WRITTEN, IN WRITING
- Includes any representation of words, letters or figures, whether by printing or otherwise.
- Means a calendar year.
The provisions appearing in this Code, insofar as they are the same as those of the ordinances and bylaws existing at the time of adoption of this Code, shall be considered as continuations thereof and not as new enactments.
If any part, section, subsection, sentence, clause or phrase of this Code is for any reason declared to be unconstitutional or invalid, by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code.
The titles of the various sections of this Code, printed in boldface type, are intended as descriptions to indicate the contents of the sections and shall not be deemed to be a part of any section, nor, unless expressly so provided, shall they be so deemed when any section, including its title is amended or re-enacted.
Editor's Note: This section amended by publisher.
When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.
The repeal of an ordinance shall not affect any punishment, penalty or forfeiture incurred before the repeal takes effect, or any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed, or for the recovery of a penalty or forfeiture incurred under the ordinance repealed.
Whenever in this Code, or in any other ordinance, rule or regulation promulgated by any officer or agency of the town under authority vested in him or it by law or ordinance, any act is prohibited or is declared to be unlawful, or the doing of any act is required, or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor either by this Code or state law, the violation of any such provision of this Code, or any other ordinance, rule or regulation shall be punished by a fine not exceeding $200 or by imprisonment in a common jail or workhouse for a term not exceeding six months, or by both such fine and imprisonment.
Each day any violation of this Code or any such ordinance, rule or regulation continues shall constitute a separate offense.