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Town of Orange, CT
Monday, October 23, 2017

The Charter

Chapter C. Charter of the Town of Orange

Article I. Incorporation and General Powers

Section 1.1. Incorporation:

All the inhabitants dwelling within the territorial limits of the Town of Orange, as heretofore constituted, shall continue to be a body of politic and corporate under the name of the "The Town of Orange", hereinafter called the Town, and as such shall have perpetual succession and shall hold and exercise all powers and privileges heretofore exercised by the Town and not inconsistent with the provisions of this Charter, the additional powers and privileges herein conferred and all powers and privileges conferred upon municipalities under the general laws of the State of Connecticut.

Section 1.2. Rights and Obligations:

All property, both real and personal, all rights of action and rights of every description and all liens vested or inchoate in the Town as of the effective date of this Charter are continued in the Town, and the Town shall continue to be liable for all debts and obligations of every kind for which the Town shall be liable on said date. Nothing herein shall be construed to affect the right of the Town to collect any assessment, charge, debt, or lien. If any contract has been entered into by the Town prior to the effective date of this Charter or any bond or undertaking has been given by or in favor of the Town which contains provisions that the same may be enforced by a commission, board, officer or agency therein named, which is abolished by the provisions of this Charter, such contracts, bonds, or undertakings shall be in no manner impaired but shall continue in full force and effect. The powers conferred and the duties imposed with reference to the same upon any such commission, board, officer or agency shall, except as otherwise provided in this Charter, thereafter be exercised and discharged by the First Selectman.

Section 1.3. General Grant of Powers:

In addition to all powers granted to towns under the constitution and general statutes of the State of Connecticut, the Town shall have all powers specifically granted by this Charter and all powers fairly implied in or incident to the powers expressly granted and all other powers incident to the management of the property, government and affairs of the Town, including the power to enter into contracts with he United States or any federal agency, the State of Connecticut or any political subdivision thereof for services and the use of facilities, the exercise of which is not expressly forbidden by the Constitution and General Statutes of the State of Connecticut, and to accept grants from such governmental and private agencies. The enumeration of particular powers in this and any other Article of this Charter shall not be construed as limiting this general grant of power but shall be considered as an addition thereto.

Article II. The Town Meeting

Section 2.1. The Town Meeting:

Annual and Special Meetings. An annual Town Meeting shall be held for the consideration of the budget and for the consideration of other town business properly before it. It may be adjourned from time to time. Special Town Meetings for the consideration of items properly before them may be called by the Selectmen and shall be called by them within twenty-one (21) days after receipt of a petition signed by not less than 5% of the qualified electors on the latest official lists of the Registrars of Voters of the Town, filed with the Town Clerk.

Section 2.2. Notice of Town Meetings:

Notice of each Town Meeting, whether the Annual or a Special Meeting, shall be given in accordance with the provisions of the General Statutes or any ordinance thereon.

Section 2.3. Quorum:

A quorum, for the purposes of a Town Meeting, shall consist of 100 qualified electors or taxpayers.

Section 2.4. Moderator:

Any Town Meeting shall be presided over by the Town Meeting Moderator, or in his absence by a Deputy Town Meeting Moderator, who shall be appointed and have the powers as hereinafter provided.

Section 2.5. Conduct of the Town Meeting:

Robert's Rules of Order shall govern the conduct of the Town Meetings.

Section 2.6. When Action by Town Meetings Required:

(a) 
The annual budget, any resolution authorizing the issuance of bonds or notes or other borrowing of less than one hundred fifty thousand dollars ($150,000) except notes in anticipation of taxes to be paid within the fiscal year in which issued, any sale of real estate of the Town or any interest therein, and any purchase of real estate or interest therein with a value of one hundred fifty thousand dollars ($150,000) or more, shall become effective only after it has been adopted or approved at a Town Meeting by a majority vote of persons qualified to vote at Town Meetings, present and voting at such meeting. The Town Meeting shall not act upon any proposal for the sale or purchase of such real estate or any interest therein, or the issuance of such bonds or notes or other borrowing except upon the recommendation and after approval of the Board of Selectmen.
(b) 
After the same has been approved by the Board of Selectmen, any resolution authorizing the issuance of bonds or notes of one hundred fifty thousand dollars ($150,000) or more, shall be placed on the call of a Town Meeting; and after completion of other business and after reasonable discussion on such appropriation or resolution the Moderator of such meeting shall adjourn the meeting to reconvene not less than seven (7) nor more than fourteen (14) days thereafter as provided in Section 7.7 of the General Statutes, as amended, and such resolution shall become effective only after it has been submitted to the persons qualified to vote in such meeting for a "yes" or "no" vote on the voting machines. The voting machine ballot labels shall be provided by the Town Clerk. At the closing of the polls the Moderator shall cause the vote to be counted; and any such resolution shall, if approved by a majority of those voting thereon, be deemed to be a vote of the Town Meeting.
(c) 
1. 
The vote on any annual budget recommendation on the call of any Town Meeting shall, if the Selectmen by majority vote so determine and/or if requested at least twenty-four (24) hours prior to such meeting by a petition signed by not less than two hundred (200) qualified electors on the latest official lists of the Registrars of Voters of the Town filed with the Town Clerk, be submitted to a vote on the voting machines in accordance with Section 2.6 (b) above and, if approved by a majority of those voting thereon, shall be deemed to be a vote of the Town Meeting. In the event that a petition signed by not less than two hundred (200) qualified electors has caused a vote on an annual budget to be taken by a vote on the voting machines and that annual budget recommendation has been defeated by a "no" vote, any subsequent vote on a recommendation for an annual budget for the same fiscal year shall be submitted to a vote on the voting machines in accordance with Section 2.6 (b) above without the necessity for the filing of an additional petition.
2. 
Any other item or items on the call of any Town Meeting shall, if the Selectmen by majority vote so determine and\or if requested at least twenty-four (24) hours prior to such meeting by a petition signed by not less than 5% of the qualified electors on the latest official lists of the Registrars of Voters of the Town filed with the Town Clerk, be submitted to a vote on the voting machines in accordance with Section 2.6 (b) above and, if approved by a majority of those voting thereon, shall be deemed to be a vote of the Town Meeting.
(d) 
In accordance with the provisions of Article V Section 5.20 of this Charter the Town Meeting is empowered and may be required to elect members of the Board of Education, Regional District 5.

Article III. Board of Selectmen

Section 3.1. Board of Selectmen:

There shall be a Board of Selectmen consisting of the First Selectman and five Selectmen, all of whom shall be elected as hereinafter provided.

Section 3.2. General Powers and Duties:

Except as otherwise specifically provided by this Charter, the Board of Selectmen shall have all the powers and duties conferred upon it by the constitution, General Statutes and Special Acts of the State upon Boards of Selectmen.
The Legislative power of the Town shall be vested in the Board of Selectmen, and the Board of Selectmen shall be the legislative body of the Town with residual legislative authority as to all matters except those matters specifically enumerated and vested in the Town Meeting by this Charter.
Subject to the provisions of this Article III, the legislative power of said board shall include but shall not be limited to the following powers: to enact, amend or repeal ordinances not inconsistent with this Charter or the General Statutes of the State; to create or abolish, by ordinance, boards, commissions, departments, agencies and offices; to contract for services and the use of facilities of the United States or of any federal agency, the State of Connecticut or any political subdivision thereof, or by agreement join with any such political subdivision to provide services and facilities, and to fix the charges, if any, to be made for services rendered by the Town or for the execution of powers vested in the Town as provided in Article I of this Charter.

Section 3.3.

The Board of Selectmen shall meet at least once in each month, unless any such monthly meeting shall be waived by a unanimous vote of all the Selectmen. Additionally, the Board of Selectmen shall meet at the call of the First Selectman or at the call of four (4) members of the Board of Selectmen acting together, at such time and place as is stated in the call to transact such business as shall be before it. A majority of members of the Board of Selectmen shall constitute a quorum for transaction of business.

Section 3.4. Public Hearing on and Publication of Ordinances:

At least one public hearing shall be held by the Selectmen before any ordinance shall be passed. Notice of the hearing shall be given at least ten (10) days in advance by publication in a newspaper having a circulation in the Town and by posting a notice in a public place.
The enactment of an ordinance shall require the vote of a majority of the entire Board of Selectmen. On the advice of Town Counsel, minor or perfecting amendments may be made in a proposed ordinance without further public hearing. Every ordinance, after passage, shall be filed with the Town Clerk, and recorded, compiled and published by him as hereinafter set forth. Within ten days after passage, all ordinances shall be published once in their entirely in a newspaper having circulation within the Town. Every ordinance, unless it shall specify a later date, shall become effective on the twenty-first (21st) day after such publication, except as otherwise provided in Section 3.5 herein.

Section 3.5. Petition of Overrule of Action of Selectmen:

All ordinances, except emergency ordinances adopted in accordance with the provisions of Section 3.7 herein, shall be subject to overrule by referendum as follows: If within twenty (20) days after the publication of any such ordinance, a petition is filed conforming to the requirements of Section 7-9 of the General Statutes, as amended, and signed by not less than 5% of the electors of the Town, as determined from the latest official lists of the Registrars of Voters as filed with the Town Clerk, requesting reference of the ordinance to a referendum, the effective date of such ordinance shall be suspended and the Selectmen shall fix the time and place of such referendum which shall be within forty-five (45) days after the filling of the petition, and notice thereof shall be given in the manner provided by law for the calling of a referendum. Said enactment shall take effect unless a majority of those voting in the referendum shall have voted to overrule said enactment, provided however, that if the referendum is held at other than a regular election, said majority to overrule must equal at least 15% of those entitled to vote. No steps to enforce said enactment shall be taken until the time for filing said petition has passed, or, if such a petition has been filed until after the referendum has been held and said enactment has been upheld.

Section 3.6. Petition for Enactment of Ordinances:

a) 
Subject to the provisions of Article II Section 2.6, not less than 5% of the electors of the Town, as determined from the latest official lists of the Registrars of Voters, may at any time petition over their personal signatures for the enactment of any proposed lawful ordinance by filing such petition, including the complete text of such ordinance, with the Town Clerk. At least one public hearing shall be held by the Selectmen on the proposed ordinance, notice of which shall be given at least ten (10) days in advance by publication in a newspaper having a circulation in the Town and by posting a notice in a public place. The Selectmen shall call a referendum, to be held after the hearing and in any event not later that forty-five (45) days from the date of the filing of the petition, unless prior to such referendum such ordinance shall be enacted by the Selectmen. The call for such referendum shall state the proposed ordinance in full and shall provide for a "yes" or "no" vote as to its enactment. If a majority of the persons voting at such referendum shall vote "yes", then such ordinance shall take effect on the tenth day thereafter without further action of the Selectmen, provided however, that if the referendum is held at other than a regular election, said majority shall equal at least 15% of those entitled to vote.
b) 
Any such proposed ordinance shall be examined by the Town Counsel before being submitted to the referendum. The Town Counsel is authorized to correct the form of such ordinance for the purpose of avoiding repetitions, illegalities and unconstitutional provisions, and to assure accuracy in its text and references and clearness and preciseness in its phraseology, but may not materially change its meaning and effect.

Section 3.7. Emergency Ordinances:

An ordinance stated to be a public emergency measure and stating the facts constituting such public emergency may be passed by the Board of Selectmen without public hearing or notice and shall become effective immediately upon publication as required in Section 3.4 of this Article.
Every such emergency ordinance including any amendments thereto, shall automatically stand repealed at the termination of the sixty-first (61st) day following the effective date of said ordinance.

Section 3.8. Review of Appointments:

The Board of Selectmen shall review all appointments made by the First Selectman to appointive office or boards, commissions or agencies or to fill vacancies on elected or appointive boards, commissions, agencies and offices, in accordance with the provisions of Article IV of this Charter. Such appointments shall automatically become effective unless disapproved by resolution of the Board of Selectmen within ten (10) days after presentation by the First Selectman.

Section 3.9.

The Board of Selectmen may require such information from, or joint meetings with, any Town officers or agencies as it may find necessary to carry out the duties and responsibilities placed upon it.

Section 3.10. Secretary-Clerk to the Board:

The Board of Selectmen may, by a majority vote, appoint an individual as Secretary-Clerk to the Board to serve at its pleasure. He shall be paid a salary to be fixed by the Board within the amount budgeted therefor. He shall keep the records of the Board of Selectmen, shall attend all meetings of the Board and of such other boards and commissions of the Town as he may be directed so to do by the Board. He shall assist the First Selectman in carrying out his executive governmental functions in such manner as the First Selectman shall direct.

Section 3.11. Annual Audit:

The Board of Selectmen shall annually designate an independent certified public accountant or firm of independent certified public accountants to audit the books and accounts of the Town in accordance with the provisions of Chapter III (one hundred eleven) of the General Statutes, as amended.

Article IV. The First Selectman

Section 4.1. First Selectman:

The First Selectman shall preside over all meetings of the Board of Selectmen but this office shall not deprive him of his vote on any question.
The First Selectman shall be recognized as the official head of the Town for all ceremonial purposes, for military purposes and for the purpose of receiving civil process.

Section 4.2. General Powers and Duties:

The First Selectman shall be the Chief Executive Officer and the agent of the Town, and except as otherwise specifically provided by this Charter, any power given or duty imposed by the General Statutes on the Chief Executive of any town shall be vested in and exercised by him.
In addition to the powers and duties prescribed by the General Statutes, he shall administer all the offices and agencies in charge of persons appointed by him and shall supervise and direct the same. He shall be responsible for all purchasing done in the name of the Town, except for purchases of the Board of Education. The First Selectman shall cause to be kept full and complete records of the doings of his office, and it shall be his duty to make periodic reports to the Board of Selectmen and the Board of Finance, to keep or cause to be kept complete books of account showing separately an account of each item of appropriation made each year and all disbursements made which are chargeable against each such appropriation so that at all times there may be available in the office of the Selectman the continuing current status of all appropriations and disbursements charged thereto, to cause to be kept such other books of account as municipalities are required by statute to keep, and to exercise such other powers and duties as may be imposed upon him by the Board of Selectmen and the Town Meeting. Neither the Town Meeting nor the Board of Selectmen shall diminish by ordinance, vote or otherwise the powers and duties of the First Selectman except those powers and duties imposed on him by direction of the Selectmen under the provisions of this charter.
The First Selectman shall be an ex officio member of all Boards and Commissions with vote only on the Board of Selectmen, but he shall not attend executive sessions of boards and commissions in circumstances where his attendance would be unlawful.

Section 4.3. Succession to Office:

(a) 
During the absence or disability of the First Selectman, the remaining members of the Board of Selectmen shall choose one of their members of the same political party as that of the First Selectman to be Acting First Selectman who shall carry out all of the duties of the First Selectman.
(b) 
In the case of the death or other removal from office of the First Selectman, the remaining members of the Board of Selectmen shall within thirty (30) days by resolution appoint one of their members of the same party to fill the vacancy.

Section 4.4. Appointments:

The First Selectman shall appoint all appointive officers and shall fill by appointment all vacancies on appointed or elective boards, commissions, agencies, and offices except as other procedures are specifically provided in this Charter or amendments, and/or are made mandatory by general statutes. All such appointments shall be reviewed by the Board of Selectmen and shall become effective unless disapproved by the Board of Selectmen in accordance with the provisions of Article III of this Charter.
In exercising the power herein conferred to fill vacancies with respect to elective offices or membership upon elective boards or commissions, the First Selectman shall make an interim appointment for the unexpired portion of the term, or until the next biennial town election, whichever shall be sooner; provided that when the persons vacating the office shall have been elected as a member of a political party such vacancy shall be filled by the appointment of a member of the same political party.

Article V. Elected Boards and Commissions

Section 5.1. Town Plan and Zoning Commission:

There shall be a Town Plan and Zoning Commission consisting of five members who shall be electors of the Town. Said Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations of a zoning commission established under Chapter 124 of the General Statutes and of a planning commission established under Chapter 126 of the General Statutes as either of said chapters is presently or may hereafter be amended, both of which chapters the Town hereby adopts.

Section 5.2.

The members of the Town Plan and Zoning Commission on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been elected. Section I of Special Act 115 of the 1969 General Assembly shall be given effect with respect to the expiration of terms to the extent that it is not inconsistent with this Section 5.2.
There shall be elected at the municipal election of 1971 three members for a term of four years, the term of one of whom shall commence in 1972. At the municipal election in 1973 two members shall be elected to serve for a term of four years.
Alternately thereafter, at each biennial election, there shall be elected three members and then two for terms of four years to succeed those members whose terms expire.

Section 5.3.

Said Commission may appoint a zoning enforcement officer with such compensation as may be fixed by it within the amount budgeted therefor.

Section 5.4.

Alternates to the Town Plan and Zoning Commission shall be chosen in accordance with the provisions of Section 8-lb of the General Statutes.

Section 5.10. Board of Education:

There shall be a Board of Education consisting of ten members. Except as otherwise specifically provided by this Charter, the Board of Education shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations set forth in the General Statutes with respect to boards of education as the same may, from time to time, be amended.

Section 5.11.

The members of the Board of Education in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they or the persons they are succeeding in office have been elected. There shall be four members elected at the municipal election of 1971, two of whom shall be elected for a term of two years and two of whom shall be elected for a term of four years. One of the two members elected in 1971 for four two year terms shall be a minority party member and one of the two members elected in 1971 for four year terms shall be a minority party member. Thereafter at each biennial election there shall be elected five members who shall hold office for a term of four years to succeed those whose terms expire.

Section 5.12.

The Board of Education shall to the fullest extent reasonable, make available to the Park and Recreation Commission property owned by the Town for current or future educational purposes, but not currently used for such purposes, in order to provide the maximum park and recreational facilities for the townspeople, consistent with the budget of the Park and Recreation Commission.

Section 5.20. Board of Education, Regional District 5:

So long as the Town is a member of Regional School District 5, members representing the Town shall be elected in accordance with the provisions of Chapter 164 of the General Statutes.
The elected representatives of the Town on said Board at the date of the adoption of this Charter shall continue to be members of said Board for the terms for which they were elected.

Section 5.30. Board of Finance:

There shall be a Board of Finance consisting of six members. Said Board shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to boards of finance as the same may, from time to time, be amended.

Section 5.31.

Those members of the Board of Finance in office on the day following the adoption of this Charter shall continue to be members thereof for the respective terms for which they shall have been elected.
There shall be elected at the municipal election of 1971, two members, one of whom shall be elected for a term of four years and one of whom shall be elected for a term of two years. Thereafter at each biennial election three members shall be elected for a term of four years to succeed those whose terms expire.

Section 5.40. Other Elected Boards:

There shall be such other elected boards as may be required by General Statutes or applicable Special Acts enacted after the Effective Date of this Charter or as may be created by appropriate amendment of this Charter, such Boards to consist of such numbers of members and to be elected in the manner prescribed in the General statutes or in the applicable Special Act requiring their creation or in the amendment to this Charter creating such Board. In the absence of a specification of number, any such Board shall consist of five members. In the absence of a specified method of election, such Board shall be elected at the Town Election next after its creation in such manner that three members are elected for a four year term and two members are elected for a two year term. Alternately thereafter at each biennial election there shall be elected three members and then two members for terms of four years to succeed those members whose terms expire.

Section 5.50. Use of Committees by Boards or Commissions:

While all official action of any board or commission must be taken by the requisite vote of such board or commission, one or more committees may be appointed by any board or commission under the chairmanship of one of its members to study and make recommendations with respect to such of the duties of such board or commission as may be assigned to any such committee.

Article VI. Appointed Boards and Commissions

Section 6.1. Board of Zoning Appeals:

There shall be a Board of Zoning Appeals consisting of five regular members and three alternate members. Said Board shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations of a Board of Zoning Appeals established under Chapter 124 of the General Statutes as said chapter is presently or may hereafter be amended and such powers, duties and responsibilities and subject to such restrictions and limitations as may, from time to time, be prescribed by the Orange Zoning Ordinance.
Section 6.10 BOARD OF ASSESSMENT APPEALS
(formerly Board of Tax Review)
There shall be a Board of Tax Review consisting of five members. Said Board shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to boards of tax review as the same may, from time to time, be amended.

Section 6.1.1.

Those members of the Board of Tax Review in office on the day following the adoption of the Charter Amendment of 1992 shall continue as such members for the respective terms for which they have been appointed. Upon the effective date of said Charter Amendment, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, one member to serve a term which shall expire on December 2, 1993 and one member who shall serve a term to expire on December 7, 1995. As each term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each such vacancy thus created for a term of four years.

Section 6.2.

Those members of the Board of Zoning Appeals and alternates in office on the day following the adoption of this Charter shall continue to be members thereof for the respective terms for which they shall have been elected. As each such term expires the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each such vacancy thus created for a term of four years.

Section 6.20. Board of Police Commissioners:

There shall be a Board of Police Commissioners consisting of five members. The Board of Police Commissioners shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to boards of police commissioners as the same may, from time to time, be amended.

Section 6.21.

Those members of the Board of Police Commissioners in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been elected. Thereafter, as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each such vacancy thus created for a term of four years.

Section 6.30. Safety Commission:

There shall be a Safety Commission consisting of the Chief of Police, the Superintendent of Schools, the Building Inspector, the Town Director of Civil Defense, the Fire Marshal and such other additional members, not in excess of five such additional members, representative of Town agencies, as the First Selectman shall, subject to the disapproval of the Board of Selectmen, from time to time, appoint.

Section 6.31.

It shall be the duty of the Safety Commission to recommend to the Board of Selectmen the adoption of ordinances or the taking of other appropriate Town action to assure the continued safety of the townspeople.

Section 6.32.

It shall be the duty of the Safety Commission to recommend to the Board of Selectmen the elimination of hazards to safety as the same may exist in the Town. The Board of Selectmen is empowered to negotiate with the owner of any such hazard for its elimination. Failing the successful completion of any such negotiation, the Board of Selectmen shall take such action as it, with the advice of Town Counsel, deems appropriate to eliminate such hazard.

Section 6.40. Development and Industrial Commission:

There shall be a Development and Industrial Commission consisting of five members. Such Commission organized under the provisions of Section 7-136 of the General Statutes heretofore and herein adopted by the Town shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to development and industrial commissions as the same may, from time to time, be amended. In addition to such powers, duties and responsibilities, said Commission shall:
1) 
Make such recommendations, from time to time, as it deems appropriate to the Town Plan and Zoning Commission with respect to possible amendments to the Comprehensive Town Plan or to the zoning regulations as they affect industrial development.
2) 
Confer with similar commissions of abutting towns in order to make recommendations with respect to the development of adequate roads, utility services and industrial sewage disposal in a manner consistent with that of other towns.
3) 
Foster and promote orderly commercial and industrial development in the Town and work with other Town agencies toward such ends.

Section 6.41.

Those members of the Development and Industrial commission in office on the day following the adoption of this Charter shall continue to be members thereof for the respective terms for which they were appointed. As each such term expires the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy thus created for a term of four years.

Section 6.50. Park and Recreation Commission:

There shall be a Park and Recreation commission consisting of nine members. Said Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to municipal park commissions, as said statutes have heretofore been or may hereafter be amended. In addition to such powers, duties and responsibilities, said Commission shall:
1) 
Have jurisdiction over and have the responsibility for maintaining such properties as are assigned to its jurisdiction by ordnance.
2) 
Have such jurisdiction over and responsibility for the maintenance of properties temporarily transferred to its jurisdiction by the Board of Education or other boards of the Town as shall be provided by arrangements with such other boards.
3) 
Provide a program of recreational activity and engage such personnel in the furtherance thereof within the limitations of the Commission's budget.

Section 6.51.

Those members of the Park and Recreation Commission in office on the day following the adoption of this Charter shall continue as such members for the respective terms for which they have been appointed. The First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, four additional members for a term of four years.
Thereafter as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy for a term of two years.

Section 6.60. Conservation Commission:

There shall be a Conservation Commission consisting of seven members for the development and conservation of natural resources, including water resources, within the territorial limits of the Town.
Said Commission shall have all the powers, possess all of the rights and may engage in any of the activities enumerated in Section 7-131 (a) of the General Statutes.

Section 6.61.

Those members of the Conservation Commission in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been appointed. Thereafter as each such term expires, the First Selectman shall appoint subject to the disapproval of the Board of Selectmen, a member for each vacancy so created for a term of four years.

Section 6.70. Sewer Commission:

There shall be a Sewer Commission consisting of five members. Said Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to sewer authorities or commissions as said statutes have heretofore been or may hereafter be amended.

Section 6.71.

Those members of the Sewer Commission in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been appointed. Thereafter as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy so created for a term of four years.

Section 6.80. Board of Ethics:

There shall be a Board of Ethics consisting of five members, no more than a bare majority of whom may be members of the same political party. They shall act on matters concerning ethical standards for public service, including conflict of interest, with such powers, duties and responsibilities as shall be determined by ordinance to be enacted by the Board of Selectmen.

Section 6.81.

Initially three members of said Board shall be appointed for a term of two years, no more than two of whom shall be from the same political party and two members of said Board shall be appointed for a term of four years, no more than one of whom shall be from the same political party.
As each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy thus created for a term of four years.

Section 6.82.

All actions of said Board pursuant to the legal authority with which it is empowered shall be effective only upon the vote of at least one more than a bare majority, which number shall also constitute a quorum for the transaction of business.

Section 6.90. Other Appointed Boards:

There shall be such other appointed boards as may be required by General Statutes or applicable Special Acts enacted after the effective date of this Charter or as may be created by appropriate amendment of this Charter or by appropriate action of the Board of Selectmen, such Boards to consist of such number of members and to be appointed in the manner prescribed in the General Statutes or in the applicable Special Act requiring their creation or in the amendment to the Charter or the action of the Legislative Authority creating such Board. In the absence of a specification of such number, any such Board shall consist of five members. In the absence of a specified method of appointment, any such Board shall be appointed by the First Selectman except as otherwise prescribed by the General Statutes or applicable Special Acts enacted after the Effective Date of this Charter or by appropriate amendments of this Charter, for terms of four years established and maintained at staggered biennial intervals wherever possible.

Article VII. Coordination of Activities of Town Agencies

Section 7.1.

It shall be the duty of the First Selectman and the Board of Selectmen to provide leadership in the formulation of plans to assure continued progress in the development of the Town.

Section 7.2.

Each Town agent, board and commission shall file with the First Selectman, not later than August 1st in each year, a report briefly stating its activities during the fiscal year just completed and submitting recommendations for appropriate action on matters within the province of such agency. Such reports, or an appropriate digest thereof, shall be presented in the Annual Report of the Town to the Townspeople.

Article VIII. Elected Officers

Section 8.1.

There shall be the following officers of the Town who, except as otherwise specifically provided by this Charter, shall be elected as specified in the General Statutes:
a) 
First Selectman
b) 
Five other Selectmen
c) 
Town Clerk
d) 
Collector of Taxes
e) 
Registrars of Voters
f) 
Seven Constables or such lesser number as the Town, by ordinance, may provide
g) 
Such numbers of Justices of the Peace as equal one-third the number of jurors to which the Town is entitled or such lesser number as the Town, by ordinance, may provide
h) 
such other elected officers as may be required by General Statutes or applicable Special Acts or ordinances enacted after the effective date of this Charter.

Section 8.2.

The Town officers described in Section 8.1 (a) through 8.1 (g), except Justices of the Peace and Registrars of Voters, shall be elected biennially at each Town Election. Town officers, elected pursuant to Section 8.1 (h), shall be elected biennially at each Town Election unless otherwise provided in the General Statutes or Special Act creating the office. Justices of the Peace and Registrars of Voters shall be elected biennially in even numbered years at State Elections.

Section 8.3.

The selectmen described in Sections 8.1 (a) and 8.1 (b) shall constitute the Board of Selectmen and the votes cast for the unsuccessful candidate for First Selectman shall be counted as votes cast for him as a member of said Board, provided no elector may be a candidate for both the office of First Selectman and that of Selectman and provided, if an elector receives write-in votes for both office of First Selectman and that of Selectman, the Moderator may count either the votes which were written in for him for the office of First Selectman or those which were written in for him for the office of Selectman, whichever is more advantageous to such elector but not both.

Section 8.4.

If this Charter be adopted at a Town Election, the Town officers elected during such Town Election shall hold office for the terms for which they were elected and the Justices of the Peace and Registrars of Voters in office on the date this Charter is adopted shall continue to hold such offices for the respective terms to which they shall have been elected. If this Charter be adopted at a State or Special Election, the Town officers holding the respective offices at the date of the adoption of this Charter shall continue to hold such offices for the respective terms to which they shall have been elected.

Section 8.5.

In addition to the Town officers prescribed in Section 8.1 (h), the Town shall participate in the election of a Judge of Probate for the Probate District which includes the Town, such election to be held in the manner prescribed by law for the election of such Judge of Probate. In the event that the Town becomes part of a Probate District different from the Probate District of which it is a part on the date of the adoption of this Charter, the Town shall participate in the election of Judge of Probate for such new district in the manner prescribed in the Special Act creating such new district.

Section 8.6.

No person who is not an elector of the Town may be an elected officer or member of an elected Town board or commission.

Section 8.7.

Elected Town officers shall have such assistants as are approved by the Board of Selectmen, provided that the compensation of any such assistants by the Town shall only be within the budgetary limits prescribed by the Board of Finance for such assistants. In the case of the Assistant Town Clerk and Deputy Tax Collector, an appropriate oath for the faithful performance of his or her duty shall be administered and a record of the administration of such oath included in the records of the Town Clerk.

Section 8.8. Compensation:

(a) 
The compensation, if any, of an elected or appointed Town officer, or of a member of an elected or appointed Town board or commission, shall be established by the Board of Finance through the regular budget procedures subject, in the case of the Board of Tax Review, to the provisions of Section 12-121 of the General Statutes, Revision of 1958. Said elected or appointed officers and said members except the Constables and Justices of the Peace, shall be compensated, if at all, only on a salaried basis.
(b) 
The necessary expenses of an elected or appointed Town officer, or of a member of an elected or appointed Town board or commission, actually incurred in the promotion of his duties, shall be paid by the Town, within the limits prescribed in the budget by the Board of Finance upon the requisition of such officer or the Chairman of such board in writing, upon the approval of the Board of Selectmen.

Section 8.9. Duties

Elected Town officers shall have such powers, duties and responsibilities and shall be subject to such restrictions and limitations as are prescribed in the General Statutes, in appropriate special acts or in this Charter with respect to the offices held.

Article IX. Appointed Officers

Section 9.1.

There shall be the following appointed officers of the Town:
a) 
Assessor
b) 
Building Inspector
c) 
Director of Civil Defense
d) 
Director - Public Works Department
e) 
Fire Marshal
f) 
Fire Warden and such number of Deputy Fire Wardens as the Legislative authority may from time to time authorize
g) 
Director - Health Department
h) 
Town Counsel
i) 
Town Meeting Moderator
j) 
Town Meeting Deputy Moderators
k) 
Town Treasurer who shall be Agent of Town Deposit Fund
l) 
Such other appointed Town officers whose office is created by an amendment to the Charter or by appropriate action of the Legislative Authority

Section 9.2.

Such of the appointed officers listed in Section 9.1 as hold any of the said offices on the date of the adoption of the Charter shall continue to hold said offices for the period for which they shall have been elected or appointed.

Section 9.3.

Appointed Town officers shall have such powers, duties and responsibilities and shall be subject to such restrictions and limitations as are prescribed with respect to such offices, in the General Statutes, in appropriate Special Acts, in this Charter, in the ordinances or other action of the Legislative Authority or in appropriate directions, from time to time, from the First Selectman, the Board of Selectmen and the respective supervisors of such officers.

Section 9.4.

In the performance of their duties, appointed Town officers may engage such assistants as are approved by the Board of Selectmen and by the supervisor of any such appointed Town officer, provided that the compensation of any such assistant to be paid by the Town shall be within the budgetary limits prescribed by the Board of Finance.

Section 9.5. Appointment:

All appointed officers of the Town shall be appointed by the First Selectman subject to the disapproval of the Board of Selectmen in accordance with the provisions of Article IV Section 4.4 of this Charter.

Section 9.6. Term of Office:

Except as otherwise specifically provided, all appointive officers shall hold office for a term of two years and shall take office 30 days after the biennial Town Election in the year in which their terms expire.

Section 9.10. Director - Department of Health:

In addition to other duties prescribed by law, the Director shall supervise the activities of the Sanitation Inspector, the Superintendent of the Town Dump and, with the cooperation of the Orange Public Health Nursing Service, the activities of the Town Nurses. The Health Director shall further supervise the periodic inspection of all establishments in the Town which provide food, drinks or lodging on a commercial basis and all trailer parks.

Section 9.20. Director - Department of Public Works:

There shall be a Department of Public Works which through its Director shall have supervision and control of the maintenance of all Town owned structures, except such structures as are under the Park and Recreation commission, and the planning, surveying, constructing and reconstructing, altering, paving, repairing, maintaining, cleaning, lighting, inspecting, and to the extent applicable the operation of highways, sidewalks and curbs, sewers, disposal facilities, public and private drains, Town buildings and other public improvements, the preservation, care, removal of trees within the highways and public places, all engineering work of the Town, and the collection and disposal of garbage, rubbish and ashes, to the extent that the Board of Selectmen shall determine that these functions and activities are within the responsibilities of the Town and this Department. The Director and the Department shall also undertake such additional responsibilities and projects as may, from time to time, be reasonable prescribed by the Board of Selectmen. The efforts of the Department shall be coordinated by the Director with those of the Town Plan and Zoning Commission under such rules and regulations as may be adopted with the approval of the Board of Selectmen.
Any provision of this section to the contrary notwithstanding, the Public Works Department shall have the responsibility for construction and maintenance of parks and grounds used for park and recreation purposes belonging to the Town and of buildings, structures, apparatus and equipment used in connection therewith, to the extent and for the period requested by the Park and Recreation Commission and approved by the Board of Selectmen.
Any provision of this section to the contrary notwithstanding, the Public Works Department may maintain and care for school buildings and grounds, but only if and to the extent and for the period requested by the Board of Education and approved by the Board of Selectmen, and the cost of such service shall be charged against the Board of Education appropriation. The Director - Department of Public Works may appoint and may remove with the approval of the First Selectman and subject to the provisions of this Charter and such rules and regulations as shall have been adopted for the operation of his Department, a Supervisor of Roads, a Town Engineer, a Supervisor of the Town Dump, a Tree Warden and such deputies, assistants, and employees as he may deem necessary and shall prescribe their duties provided such personnel shall be within the budgetary limits fixed by the Board of Finance for such Department.
Nothing contained herein shall preclude the filling of two or more of the above positions by the same person, including the Director of the Department of Public Works provided such joint appointments shall have been approved by the First Selectman.

Section 9.30. Town Counsel:

The Town Counsel shall serve for a term of two (2) years or until his successor has qualified.
In addition to any other duties properly prescribed, the Town Counsel shall:
a) 
Review in advance of all Town Meetings the matters to be presented as such meetings and consult with the Town Meeting Moderator and the Board of Selectmen, as necessary, to assure the orderly disposition of the business of the meeting.
b) 
Prepare all ordinances proposed by any Town officer, board or commission, at the request of the First Selectman.
c) 
Review all ordinances to be acted upon and, if time and the proponents thereof permit, redraft the same, if necessary, in appropriate ordinance language.
d) 
Be the legal advisor to all Town officers, boards, commissions or agencies in all matters affecting the Town and attend all Town Meetings, and the Annual Budget Hearing, and, at the request of the First Selectman, attend periodic meetings of the Board of Selectmen and such other meetings or hearings as may be reasonably required.
e) 
Give opinions on such matters as are submitted to him for opinion by the First Selectman or, with the approval of the First Selectman, by any other Town Officers or by the Chairman of any other Town Board or Commission.

Section 9.40. Town Meeting Moderator and Deputy Town Meeting Moderators:

There shall be a Town Meeting Moderator and Deputy Town Meeting Moderators, each to serve for a term of two years or until their successors have qualified. It shall be the duty of the Town Meeting Moderator, or in the event of his absence or inability to act, a Deputy Town Meeting Moderator, to preside over all Town Meetings. They shall consult, in advance of each Town Meeting with Town Counsel, the First Selectman, the Board of Selectmen or such other persons as they deem appropriate to facilitate the orderly disposition of the business of the Meeting.

Section 9.50. Town Assessor:

There shall be a Town Assessor who shall have such powers, duties, responsibilities and shall be subject to such restrictions and limitations as are by law prescribed for such officers.

Section 9.60. Town Treasurer:

There shall be a Town Treasurer who shall serve for a term of two years. He shall have such powers, duties, responsibilities and shall be subject to such restrictions and limitations as are by law prescribed for such officers. The Town Treasurer shall, in addition, be the Agent of the Town Deposit Fund.

Section 9.70. Town Building Inspector:

There shall be a Town Building Inspector who shall have such powers, duties and responsibilities and shall be subject to such restrictions and limitations as are by law prescribed for such officers.

Section 9.80. Fire Marshal:

There shall be a Fire Marshal and Fire Wardens of the Town who shall have such powers and duties and responsibilities and shall be subject to such restrictions and limitations as are by law prescribed for such officers.

Article X. Definitions and General

Section 10.1. Definitions:

Unless the context otherwise clearly requires, the following terms, when used in this Charter, shall have the following meanings:
a) 
"Annual Election" means, in the odd-numbered years, the Town Election and means, in the even-numbered years, the State Election as defined in the General Statutes.
b) 
"Board" means any board, commission or agency of the Town.
c) 
"Charter" means this Charter, as the same may be supplemented or amended from time to time.
d) 
"Commission" means any board, commission or agency of the Town.
e) 
"Fiscal Year" means the period from July 1st in one year through June 30th in the next year or such different period as the Town, by appropriate action, may, from time to time, determine.
f) 
"General Statutes" means the General Statutes of Connecticut, Revision of 1958, and any reference thereto, or to any provision or provisions thereof, shall mean and include any supplements or amendments thereto.
g) 
"Home Rule Law" means Chapter 99 of the General Statutes;
h) 
"Legislative Body" means a combination of the Town Meeting and the Board of Selectmen as defined in Section 7-193 of the Connecticut General Statutes, the Town Meeting possessing the legislative authority only to the extent specifically set fourth in this Charter.
i) 
"Meeting" of any body includes any adjourned session thereof.
j) 
"Municipal Election" means Town Election.
k) 
"Special Act" means a Special Act enacted by the General Assembly of Connecticut.
l) 
"Term" of the Town Clerk and Justices of the Peace shall commence on the First Monday of January following their respective elections. The term of the Registrar of Voters shall commence on the Wednesday following the first Monday of January following his election. Unless otherwise provided by General Statutes, this Charter or in the ordinance hereafter adopted creating an office or board, the term of elected officers and agents and the members of all elected boards and commissions shall commence on the tenth day following the date of their respective election, the term of appointed officers and agents and of members of appointed boards and commissions shall commence on the date prescribed by the appointing authority.
m) 
"Town" means the Town of Orange.
n) 
"Town Election" means the election held on the first Tuesday after the first Monday in November in odd-numbered years.
o) 
"Town Meeting" means, when used in this Charter, the Annual or a Special Meeting of the electors of the Town for the purpose specifically set forth in this Charter. "Town Meeting" as used in the Connecticut General Statutes shall be deemed to refer to the legislative body of the Town and shall be construed to mean the Board of Selectmen except in relation to the purposes or powers of the Town Meeting as set forth in this Charter.
p) 
The masculine pronoun, wherever used shall include the feminine pronoun.

Section 10.2. Conduct of Meetings:

Robert's Rules of Order shall govern the conduct of meetings of all boards and commissions.

Section 10.3. Minority Representation:

The maximum numbers of members of all boards, commissions, committees or similar bodies who may be members of the same political party shall be as provided in the General Statutes, except for the membership of the Board of Ethics which shall be as provided for in Article VI, Section 6.80 of this Charter.

Section 10.4. Computation of Time:

In computing the period of time of any notice under this Charter, the day on which the notice is given and any Sunday and any legal holiday shall be included but the day on which the matter is to occur shall be excluded. The same principle shall govern other computations of time for purposes hereof.

Section 10.5. Terms of Office:

All elected and appointed officers and members of board and commissions shall hold office until their successors have been chosen and qualified.
Except as otherwise specifically required by the General Statutes, applicable Special Acts or by the provisions of this Charter, the terms of appointment to appointive boards and commissions shall, wherever possible, be established and maintained at staggered biennial intervals.

Section 10.6. Oaths of Office:

All elected and appointed officers and members of boards, agencies or commissions of the Town shall swear or affirm the faithful performance of their duties, a record of the administration of which oaths shall be filed with the Town Clerk.
Oaths may be administered by all persons so authorized by Section 1-24 of the Connecticut General Statutes. The form of such oaths shall be as follows:
You solemnly swear that you will faithfully discharge, according to law, your duties as __________ to the best of your ability; so help you God.

Section 10.7. Amendment:

This Charter may be amended in the manner prescribed by the General statutes.
Section 10.8 Rules of Construction and Saving Clause:
a) 
This Charter is intended to avail, make use of and exercise the full home rule powers of the Town under the Home Rule Law, and any other statute now in affect or hereafter enacted and any other home rule powers thereof under the Constitution of the State of Connecticut, under the common law, or otherwise.
b) 
Nothing herein contained shall be construed as intended to conflict with, or be inconsistent with, any general statute of the State of Connecticut expressing any substantial public policy of the State. It shall be construed as an assertion of the Town's full power and authority to prescribe its organic law for the administration of its local affairs.
c) 
If any provision of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such provision so held invalid may appear, except to the extent that an entire section may be inseparably connected in meaning and effect with the provision to which such holding shall directly apply.
d) 
All ordinances, resolutions and legislative action of the Town in effect as of the effective date of this Charter shall continue in full force and effect except to the extent inconsistent with the provisions of this Charter.

Article XI. Effective Date of Charter and Transition

Section 11.1 (a). Effective Date:

This Charter shall take effect on the tenth day following the date of the municipal election of November, 1971, that is November 12, 1971, except that the provisions of Article V concerning Elected Boards and Article VIII concerning Elected Officers shall become effective with respect to the municipal election of November, 1971.

Section 11.1 (b). Effective Date of Charter Revision:

Any provisions contained in the Charter Amendment of 1992 shall take effect the thirtieth day following the date of the State Election of November 3, 1992, that is on December 3, 1992.

Section 11.2. Special Acts:

The following special acts applicable to the Town remain unaffected by this Charter:
a) 
Resolution of the Assembly incorporating the Town of Woodbridge, Records of the State of Connecticut, Volume 5, Page 304.
b) 
Special Act passed October, 1804, I Special Acts 550, incorporating the Society of North Milford.
c) 
Resolution of the Assemble, May, 1822, incorporating the Town of Orange, II Special Acts 1173.
d) 
Special Act passed May, 1836, II Special Acts 1174, amending the Resolution of May, 1822 with respect to the location of Town Meetings.
e) 
Special Act approved April 3, 1884, IX Special Acts 1020, relative to the division line between Derby and Orange.
f) 
Special Act approved June 24, 1921, XVIII Special Acts 1067, dividing the Town of Orange and creating the Town of West Haven.
g) 
Special Act approved April 26, 1933, XXI Special Acts 884, relative to the licensing of certain concessions by the Selectmen.
h) 
Special Act approved May 28, 1935, XXII Special Acts 202, relative to the use of highways in the Town.
i) 
Special Act approved June 29, 1951, XXVI Special Acts 146, relative to the division between Derby and Orange.
j) 
Special Act approved May 7, 1953, XXVI Special Acts 771, validating certain action in establishing Regional School District Number 5.

Section 11.3.

The following Special Acts are no longer applicable:
a) 
Special Act passed May 1823, II Special Acts 1174, relative to the support of the poor formerly residing in New Haven.
b) 
b) Special Act passed in 1848, IV Special Acts 1256, relative to the division line between New Haven and Orange.
c) 
Special Act approved March 31, 1887, X Special Acts 578, relative to the division line between New Haven and Orange.
d) 
Special Act approved August 1, 1911 XVI Special Acts 386, relative to bond issues by school districts now part of West Haven.
e) 
Special Act approved March 24, 1915, XVII Special Acts, 58, relative to rules and regulations now pertinent to West Haven.
f) 
Special Act approved May 10, 1917, XVII Special Acts, 995, relative to the terms of certain Town officers now pertinent to West Haven.
g) 
Special Act approved May 21, 1925, XIX Special Acts, 778, relative to the issuance of bonds by Center School District.
h) 
Special Act approved June 18, 1929, XX Special Acts 983, authorizing the Board of Selectmen to establish building lines and conferring other powers on said board.
i) 
Special Act approved June 18, 1929, XX Special Acts 989;
Special Act approved April 4, 1935, XXII Special Acts 74;
Special Act approved June 20, 1939, XXIII Special Acts 635;
Special Act approved June 24, 1941, XXIII Special Acts 1107;
Special Act approved July 9, 1947, XXV Special Acts 606;
Special Act approved June 7, 1957, XXVIII Special Acts 780; all relative to the Town Court of Orange.
j) 
Special Act approved April 5, 1933, XXI Special Acts 800, relative to the admission of electors.
k) 
Special Act approved May 1, 1943, XXIV Special Acts 134, and Special Act approved July 22, 1945, XXIV Special Acts 652, relative to the Town Plan and Zoning Commission.
l) 
Special Act approved June 14, 1961, XXX Special Acts 154, relative to the establishment of a funded pension and retirement plan.
m) 
Special Act approved May 22, 1969, XXXIV Special Acts 100, concerning the terms of certain elective offices, except to the extent set forth in Section 5.2 of this Charter.
(Note)
Special acts which are now effective as stated in Charter Section 11.2 subparagraphs (a), (b), (c), (e), and (i) are not here published in full as the only provisions thereof now effective deal with boundaries of present Town of Orange. The act referred to in sub-paragraph (d) is not here published in full as it merely repeals a section of a former act relative to location of town meetings. The act referred to in sub-paragraph (j) is not here published in full as it merely validates certain procedural acts of the Town.
Parts of the present boundaries of the present Town of Orange date back to Colonial days and were established pursuant to acts of the Colonial court. Other parts were created by the following acts of the legislature:
1) 
Act Incorporating the Town of Woodbridge. (January Session, General Assembly 1784), Records of State of Connecticut, Volume V, Pages 304-305.
2) 
Act Incorporating The Society of North Milford (October 1804), Special Acts, Volume 1, page 550.
3) 
Act incorporating original Town of Orange (May 1822), Special Acts, Volume 1 Page 1173.
4) 
Act Changing Boundary Line between Town of Derby and Orange. (April 3, 1984), Special Acts, Volume 9, page 1020.
5) 
See also Judgment of Superior Court dated October 1, 1924 in action entitled, "Town of West Haven vs. Town of Orange" recorded in Orange Land Records, Volume 141, pages 266-270.
6) 
Act relative to division line between Derby and Orange, June 29, 1951, Special Acts, Volume XXVI, page 146.

The Code

Part I, Administrative Legislation

Chapter 1. General Provisions

[HISTORY: Adopted by the Town Meeting of the Town of Orange as indicated in article histories. Amendments noted where applicable.]

Article I. Adoption of Code

[Adopted by the Board of Selectmen 3-14-2001]

§ 1-1. Adoption.

A. 
The compilation of the ordinances of the Town of Orange, codified and consolidated into parts, chapters, articles 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 Orange, Connecticut," hereinafter called the "Code." All provisions contained in the compilation provided for herein and known as the "Code of the Town of Orange" shall be in force and effect on and after the effective date of this ordinance.
B. 
The adoption of the Code of the Town of Orange shall have no effect on nor shall the adoption of this ordinance in any way affect the authority, powers, duties or responsibilities of the Town Plan and Zoning Commission or the Inland Wetlands and Water Courses Commission by virtue of the inclusion in said Code of the regulations adopted by said Commissions, nor shall the regulations of the Town Plan and Zoning Commission and the Inland Wetlands and Water Courses Commission be affected thereby, except as the regulations may have been amended by action of the respective Commission.

§ 1-2. Continuation of existing provisions.

The provisions of this Code, insofar as they are substantively the same as those ordinances in force immediately prior to the enactment of the Code by this ordinance, 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 Board of Selectmen.

§ 1-3. Repeal of inconsistent ordinances.

All ordinances or parts of ordinances of the Town of Orange of a general and permanent nature in force on the date of the adoption of this ordinance which are inconsistent with any provisions of the Code are hereby repealed from and after the effective date of this ordinance; provided, however, that nothing herein shall be construed as repealing or altering the zoning, subdivision or inland wetlands regulations of the town.

§ 1-4. Severability.

If any clause, sentence, paragraph, section, article or part of this ordinance or of any ordinance 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 such judgment shall have been rendered.

§ 1-5. Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Orange and shall remain there for use and examination by the public until final action is taken on this ordinance; and if this ordinance shall be adopted, such copy shall be certified to by the Town Clerk of the Town of Orange by impressing thereon the Seal of the Town of Orange, 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 when said Code is in effect. The enactment and publication of this ordinance, 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.

§ 1-6. Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the ordinances or regulations known collectively as the "Code of the Town of Orange," or any new ordinances, when enacted or adopted in such form as to indicate the intention of the 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 ordinance shall affect the status of any ordinance or regulation contained herein, and such ordinances and regulations may be amended, deleted or changed from time to time as the Board of Selectmen deems desirable.

§ 1-7. Code book to be kept up-to-date.

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 Orange 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 Board of Selectmen subsequent to the enactment of this ordinance in such form as to indicate the intention of said 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.

§ 1-8. Sale of Code book; supplementation.

Copies of the Code may be purchased from the Town Clerk of the Town of Orange 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.

§ 1-9. Penalties for tampering with Code.

Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Orange, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Orange to be misrepresented thereby, or who violates any other provision of this ordinance, shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $90.

§ 1-10. Changes in previously adopted legislation.

A. 
In compiling and preparing the ordinances and regulations for publication as the Code of the Town of Orange, no changes in the meaning or intent of such ordinances or regulations 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 Board of Selectmen. The following nomenclature changes were also made:
(1) 
In Chapter 36, Community Services, references to the "Executive Director" were revised to read "Director."
(2) 
Throughout Chapter 81, all references to the "Inland Wetlands Agency" or "Agency" were updated to read "Inland Wetlands and Water Courses Commission" and "Commission," respectively.
(3) 
In § 160-7A of Chapter 160, Adult-Oriented Establishments, all references to "city" were revised to read "town."
B. 
It is the intention of the Board of Selectmen that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.

§ 1-11. When effective.

This ordinance shall take effect 21 days after publication in accordance with Section 3.4 of the Town Charter.

Chapter 5. Authorities

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 331.

Article I. Water Pollution Control Authority

[Adopted 4-21-1987]

§ 5-1. Regulations adopted.

The Regulations Concerning the Use of Public Sewers, the Connections to Public Sewers and the Discharge of Waters and Wastes into Public Sewers in the Town of Orange adopted by the Water Pollution Control Authority of the Town of Orange on March 25, 1987, pursuant to Section 7-247 of the Connecticut General Statutes are hereby adopted and incorporated herein by reference.

§ 5-2. Penalties for offenses.

It shall be unlawful for any person, firm, corporation, partnership, company, association, governmental entity or any other legal entity to violate said regulations. Any person who violates said regulations may be subject to arrest and/or a fine for each violation not to exceed $100 or the maximum amount permitted by the Connecticut General Statutes in effect at the time of the violation. Each day in which any violation shall continue shall be deemed a separate offense.

Article II. Connecticut Resource Recovery Authority

[Adopted 6-21-1988]

§ 5-3. Designation of disposal facilities.

In accordance with Section 22a-220a of the Connecticut General Statutes and Section 301 of that certain Municipal Solid Waste Management Services Agreement between the Connecticut Resources Recovery Authority ("CRRA") and the Town of Orange dated as of April 29, 1987, the Town of Orange hereby designates the solid waste disposal and energy recovery and steam and electric facility designed, constructed, operated and maintained by an affiliate of Signal Resco, Inc. (pursuant to an agreement with the CRRA) located in Bridgeport, the transfer stations approved for transfer of solid waste to such facility and the CRRA landfills provided by or designated by the CRRA (collectively referred to as the "Bridgeport Resource Recovery System") as the place where acceptable solid waste (as defined in said Municipal Solid Waste Management Services Agreement) generated within the boundaries of the Town of Orange by residential, business or other establishments shall be disposed.

Chapter 11. Bid Solicitation and Exceptions

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 12-21-1982; amended in its entirety 4-19-2006. Subsequent amendments noted where applicable.]

§ 11-1. General policy.

The bid policy of the Town of Orange as to matters under the control of the Board of Selectmen shall be as follows.

§ 11-2. Determination of bid requirements.

As a general rule, bids will be solicited for the purchase of any product or service costing $5,000 or more. However, the Board of Selectmen may choose to determine on a case-by-case basis whether to solicit bids, and the method of doing so in each instance. Among the factors to be considered by the Board of Selectmen in making its decision shall be:
A. 
The suitability of the product to acquisition by a bid method;
B. 
The degree of formality and method of bidding appropriate to the particular acquisition under consideration;
C. 
The suitability of varied models of the same product for Town use; and
D. 
The number and location of known, qualified vendors of the product.

§ 11-3. Effect of delinquent payments on bidder eligibility.

A. 
No person or affiliate delinquent in the payment of taxes, fees or charges to the Town of Orange at the time that bids are opened shall be deemed a qualified bidder with respect to any bids solicited or entertained by the Town.
B. 
As used herein, the following terms shall have the meanings indicated:
AFFILIATE
A person directly or indirectly or beneficially controlling, controlled by, or under common control with any other person; or in the case of an individual, a member of that person's immediate family, meaning parent, spouse, or child. A person shall be presumed to be "controlling" any other person if such person owns, directly or indirectly, through one or more intermediaries, a five-percent interest in the other person; but ownership of any degree is not a prerequisite to establish control, and other evidence can be used to establish such control as referred to above.
PERSON
Any individual, sole proprietorship, partnership, joint venture, trust, unincorporated organization, association, corporation, institution, entity or party.

§ 11-4. Bid submission and review.

After bids are submitted, the Board of Selectmen may analyze whether vendors have submitted bids on the same products; that is, whether the bids are comparable and meet the requirements called for. In reviewing the bids, the Board may consider the past performance, financial responsibility, and sales and service experience of the vendors, all as known to the Town and based upon objective criteria. If the Board of Selectmen finds it in the best interest of Orange to do so, it may reject all bids or choose to make purchases other than strictly in accordance with price considerations.

§ 11-5. Leasing of equipment without bids.

A. 
In those instances when it is determined by the Board of Selectmen that the leasing of equipment without bids is in the best interest of the Town, the negotiation of a lease may be delegated to the First Selectman, provided the following would apply:
(1) 
The annual cost of the lease would be less than $3,000;
(2) 
The term of the lease would be 60 months or less; and
(3) 
The vendor or manufacturer would agree to carry the lease as lessor and to provide service on the leased equipment by its own service people.
B. 
Any proposed lease not meeting the above criteria must be approved by the Board of Selectmen. In determining whether to solicit bids for such a lease, § 11-2 of this policy shall be followed.

Chapter 14. Board for Admission of Electors

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 11-16-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Election officials — See Ch. 49.

§ 14-1. Membership.

The Board of Selectmen of the Town of Orange, being the legislative body of the town, hereby changes the membership of the Board for Admission of Electors to the Town Clerk and the Registrars of Voters in accordance with Section 9-15a of the Connecticut General Statutes.

Chapter 17. Board of Finance

[HISTORY: Adopted by the Special Town Meeting of the Town of Orange 4-2-1957. Amendments noted where applicable.]

§ 17-1. Board of Finance established.

The qualified voters of the Town of Orange, duly assembled in Town Meeting, do hereby vote approval of the establishment of a Board of Finance for the Town of Orange under the provisions of the General Statutes of the State of Connecticut (Section 772 of Revision of 1949 and Section 683(D) of the 1955 Supplement thereto).

§ 17-2. Alternate members.

[Added by the Board of Selectmen 7-19-1977]
The following is adopted pursuant to the provisions of § 7-340a of the Connecticut General Statutes and Section 3.4 of the Orange Charter.
A. 
The First Selectman of the Town of Orange is hereby empowered in accordance with Section 4.4 of the Orange Charter to appoint not more than three alternate members to the Orange Board of Finance in accordance with § 7-340a of the Connecticut General Statutes.
B. 
In accordance with § 9-167a of the Connecticut General Statutes, no more than two of the three alternate members of the Board of Finance may be members of the same political party.

Chapter 22. Budget Meeting

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 1-21-1975; amended in its entirety 12-9-1998. Subsequent amendments noted where applicable.]

§ 22-1. Annual meeting.

The Annual Meeting - Annual Budget Meeting shall be held not later than the 14th day of May each year as set by the Board of Selectmen.

Chapter 28. Emergency Management Advisory Council

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 2-9-2000; amended in its entirety 10-11-2006. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 53.

§ 28-1. Council established.

There is hereby established the Orange Emergency Management Advisory Council, which shall replace and supersede the existing Civil Preparedness Advisory Council of the Town of Orange.

§ 28-2. Membership; terms.

The membership of the Emergency Management Advisory Council shall include the Chief of Police, Fire Chief, Fire Marshal, Superintendent of Schools, Sanitarian, Director of Public Works, Director of Health, Director of Finance, Director of Community Services, Director of the Orange Visiting Nurse Association, the Director of Emergency Management and such other representatives of interest, including business, labor, agricultural, veterans, women's groups, and others, which the First Selectman, in his discretion, deems important to the emergency management program in the Town of Orange. Such additional representatives are to be appointed at the discretion of the First Selectman in accordance with Section 28-7(b) of the General Statutes. The term of office of any appointed member, other than the named Town officials, shall expire 30 days after the next biennial Town election.

§ 28-3. Powers and duties.

The Orange Emergency Management Advisory Council shall have all the powers and responsibilities as set forth in Section 28-7 of the General Statutes and will:
A. 
Provide the forum by which Town officials plan for and manage all potential or actual disasters.
B. 
Ensure that the Town's Disaster Plan is up-to-date, valid, inclusive of all reasonably possible disastrous events, promulgated to those who need to be aware of its contents, and is integrated with the plans of all Town departments concerned with emergency response.
C. 
Develop and communicate vital information to residents during a disaster.
D. 
Provide leadership by keeping Town officials and residents abreast of current and/or future problems which might affect the physical well-being of the Town's residents, assets, and resources.
E. 
Convene periodically to discuss issues which might have an impact on the preparedness of the Town of meeting the challenges of emergencies and natural disasters.
F. 
Provide liaison between the Town and support agencies such as the American Red Cross, CT Department of Emergency Management, FEMA, and all public utilities serving the Town
G. 
Provide a forum by which residents can express concerns about disaster plans or planning.

§ 28-4. Appointment of Director of Emergency Management.

There is hereby established the office of Director of Emergency Management. The Director of Emergency Management shall be appointed by the First Selectman in accordance with Section 28-7(b) of the General Statutes, and may be removed from office for cause in accordance with Section 28-7(b) by the First Selectman.

§ 28-5. Powers and duties of Director of Emergency Management.

The Director of Emergency Management shall have all the powers, duties and responsibilities as provided for in the General Statutes.

§ 28-6. Conflict with other provisions.

Membership on the Emergency Management Advisory Council shall not constitute a violation of § 53-4B of Chapter 53, Ethics, Code of, adopted March 20, 1973, or require the approval of the Board of Ethics pursuant to said section.

Chapter 33. Coastal Management Act Funding

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 2-17-1981. Amendments noted where applicable.]

§ 33-1. Execution of documents.

A. 
The First Selectman is hereby authorized and directed to execute any and all such contracts with the DEP entitling the town to the receipt of funds made available in accordance with Section 6(c) of the Act[1] which, in the First Selectman's discretion, are in the best interests of the town.
[1]
Editor's Note: See § 22a-90 et seq. of the Connecticut General Statutes.
B. 
The First Selectman is also authorized to execute such other documents as may be required by the DEP in order to assure the receipt of such funds, which documents, in the First Selectman's discretion, are in the best interests of the town. Such other documents may include, but shall not be limited to, amendments, recessions or revisions to the original contracts.

§ 33-2. Seal.

The Town Clerk is authorized and directed to impress the seal of the town on any such contracts and/or additional documents as the First Selectman may execute in accordance with this chapter.

Chapter 36. Community Services

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 5-15-1979; amended in its entirety 8-12-1998. Subsequent amendments noted where applicable.]

§ 36-1. Department of Community Services established.

There is hereby established a Department of Community Services of the Town of Orange. The function of this department shall be to provide the Town of Orange with those services that are not purely recreational and that are not provided by the public schools, public health service, Police Department and public library.

§ 36-2. Objectives of department.

The objective of this department shall be the following:
A. 
Provision of services for the purpose of preventing problems and promoting health, intellectual, physical, social and emotional development;
B. 
Performance of functions or services that will rehabilitate individuals as independent, functioning members of society and prevent the future dehabilitation or dependency of individuals and families;
C. 
Creation of a cohesive organizational structure to coordinate and improve the quality and effectiveness of comprehensive community services at the point of delivery;
D. 
Stimulation and utilization of the quasi-public and private sector of service providers so that a cooperative and coordinated system of public and private services may be developed to meet the needs of the citizens of the town;
E. 
Coordination between currently diffuse service systems to improve the accessibility, continuity, and effectiveness of services to individuals and families.

§ 36-3. Community Services Commission established; membership; procedures.

[Amended 4-9-2003]
There is hereby established a Community Services Commission to oversee the Community Services Department. The Community Services Commission shall consist of 12 members appointed by the First Selectman as provided in Section 4.4 of the Orange Charter. Minority representation on the Commission shall be in conformity with the provisions of Section 10.3 of the Orange Charter. No member of the Commission shall hold an elected office, or be an employee of the town, nor be a member of any other Town board or commission while serving on this Commission. The terms of the first 12 members of the Commission shall be divided into three classes. The First Selectman shall appoint four members to serve for one year, four members to serve for two years, and four members to serve for three years. At the expiration of the initial term of office of each Commission member, he or she or his or her successor shall be appointed to serve a period of four years. Vacancies shall be filled in accordance with Section 4.4 of the Orange Charter. The Commission shall elect a Chairperson who may not serve more than six consecutive years in that capacity, but may still complete his/her remaining appointment years as a Commission member. As a minimum, the Commission shall meet monthly except in July and August.

§ 36-4. Jurisdiction of Commission.

The jurisdiction of the Community Services Commission shall include services for the aged; services for people with disabilities; youth services, the purposes of which are not purely recreational; family counseling; general assistance; and volunteer coordination. The Commission shall propose to the Board of Selectmen the continuation or establishment of committees for each of the described areas of community service activity. Appointments to such committees as the Board of Selectmen decides to continue or establish shall be made by the First Selectman in accordance with Section 4.4 of the Orange Charter. Authority for expansion of the jurisdiction of the Community Services Commission must be obtained from the Board of Selectmen.

§ 36-5. Functions of Commission.

The functions of the Community Services Commission shall be as follows:
A. 
Establish policy and determine priorities for the Community Services Department.
B. 
Review and evaluate existing programs and services.
C. 
Engage in long term planning in cooperation with other Town departments.
D. 
Conduct inquiries and communications with other boards, commissions, agencies and offices of other towns and municipalities in this state, of the State of Connecticut, of the federal government, of other states and of towns and municipalities of other states to obtain copies of reports, studies and other information on community services matters of concern to the people of Orange.
E. 
Establish a capital budget and an operating budget to be submitted to the Board of Finance.
F. 
Render a written annual report filed no later than June 1 of each year, setting forth the Commission's assessment of human service needs for each of the two successive years beginning with the subsequent July 1, said report to be included in the Annual Report.
G. 
Recommend to the Board of Finance that the Commission include within its budget an emergency fund to be expended for emergency community service needs upon the vote of the Commission; and the Commission shall submit to the Board of Finance a request for the replenishment of said funds.
H. 
Create from its membership a Personnel Committee which shall be responsible for screening and interviewing the new hire applicants for the position of Director and making recommendations to the First Selectman for final review and approval. The Personnel Committee will also work in concert with the Director to implement staffing and structural changes within the department.
I. 
The Personnel Committee will evaluate the performance of the Director on an annual basis and submit the evaluation to the First Selectman for approval.

§ 36-6. Cooperation between boards.

Because of the necessary vagueness of jurisdictional lines, it is declared as the policy of the Town of Orange that there be close cooperation among all Town boards and commissions engaged in the provision of delivery of any aspect of community services.

Chapter 44. Drug and Alcohol Action Committee

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 2-9-2000. Amendments noted where applicable.]

§ 44-1. Committee established; scope of responsibilities.

There is hereby established an "Orange Drug and Alcohol Action Committee" (ODAAC) which shall replace and supersede any heretofore similar ad hoc committee or committees. Said Committee will be responsible for providing the Town of Orange with programs that emphasize drug and alcohol abuse prevention, awareness, education, advocacy, and promotion of healthy lifestyle activities. In recognition of the regional nature of some of these activities, and the activities provided by the Amity Regional School District, such programs will also be offered to the residents of the Towns of Bethany and Woodbridge, where applicable.

§ 44-2. Designation of Coordinator; powers and duties.

There shall be an Orange Drug and Alcohol Action Committee Coordinator who shall carry out the day-to-day operations of ODAAC and represent ODAAC and the Town of Orange in any matters that would meet the objectives of this chapter. The responsibilities of the Coordinator shall include but are not limited to:
A. 
Write, monitor, and administer, the annual Local Substance Abuse Prevention Council (LPC) Grant from the Department of Mental Health and Addiction Services (DMHAS).
B. 
Provide referral services to community members who request information on treatment.
C. 
Plan, execute, and administer educational programs.
D. 
Coordinate among Orange, Bethany, and Woodbridge agencies, businesses, and school systems to improve substance abuse referral and education.
E. 
Participate in workshops and conferences.
F. 
Attend regional and state meetings.
G. 
Supervise the activities of ODAAC and report to the Board of Selectmen.

§ 44-3. Committee objectives.

The objectives of the Orange Drug and Alcohol Action Committee (ODAAC) shall include but are not limited to:
A. 
Educate, coordinate, implement, and evaluate programs in the area of substance abuse prevention;
B. 
Seek out and apply for grants and/or additional funding under the direction of the Coordinator;
C. 
Continuously strive for programs and services to improve the quality and effectiveness of comprehensive community outreach efforts;
D. 
Participate in coalition building efforts committed to a drug-free message; and
E. 
Advise the Board of Selectmen on matters of drug and alcohol abuse prevention.

§ 44-4. Membership and terms; additional resources.

ODAAC shall consist of seven members appointed by the First Selectman in accordance with Section 4.4, Section 6.90, and Section 10.3 of the Orange Town Charter. All members shall be appointed following adoption of this chapter. Three members will have terms that expire 30 days after the biennial election in 2001 and four members will have terms that expire 30 days after the biennial election in 2003. As such terms expire, members will be appointed or reappointed for terms of four years. Additionally, there may be appointed to an advisory committee of ODAAC as many resource individuals who either reside or who are employed in Orange, Bethany, or Woodbridge as the ODAAC Coordinator deems necessary to assist ODAAC in its overall operation.

Chapter 49. Election Officials

[HISTORY: Adopted by the Special Town Meeting of the Town of Orange 4-5-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Board for Admission of Electors — See Ch. 14.

§ 49-1. Shifts of election officials.

Up to two shifts of election officials may be provided for each polling place in accordance with Section 9-258a of the General Statutes.

Chapter 51. Eminent Domain

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 8-10-2005. Amendments noted where applicable.]

§ 51-1. Title.

This chapter shall be known and may be cited as "An Ordinance Limiting the Exercise of Eminent Domain for Private Economic Development within the Town of Orange."

§ 51-2. Findings.

A. 
The Supreme Court of the United States in the case of Kelo. et. al. v. the City of New London. et. al. has held that the taking of private property for economic development is a legitimate public purpose for the exercise by a municipality of the power of eminent domain; and
B. 
The Town of Orange views the private property rights of its citizens in their homes to be paramount to, sacred, and inviolable from the power of eminent domain for the purpose of private economic development; and
C. 
The Town of Orange desires that its citizens be free of any concern, no matter how remote, that their homes will be taken through the power of eminent domain for transfer to a private party for economic development.

§ 51-3. Prohibited activities.

A. 
The taking of a single-family or two-family residential dwelling within the Town of Orange by eminent domain for another private party for the purpose of economic development shall not be deemed a proper public use or public purpose for the exercise of the power of eminent domain.
B. 
No single-family or two-family residential dwelling shall be taken by the Town of Orange, or any of its agencies, boards or commissions, by eminent domain for conveyance to another private party for the purpose of economic development.
C. 
No approval shall be granted by the Town of Orange and/or the Orange Board of Selectmen for the taking of a single-family or a two-family residential dwelling by any public, quasi-public or private individual or entity for the purpose of economic development, where such approval is a prerequisite to the exercise of such taking under the laws of the State of Connecticut.

§ 51-4. Exceptions.

A. 
Nothing herein shall prohibit, or be interpreted to prohibit, the Town of Orange from taking, or approving the taking of, any property by eminent domain, where authorized under the laws of the State of Connecticut, for transfer to a private party for the purpose of making the property available for public utilities, public transportation or other public use.
B. 
Nothing in this chapter shall prohibit or be interpreted to prohibit the Town of Orange from taking, or approving the taking, by eminent domain, where authorized under the laws of the State of Connecticut, of any property which is substandard, unsanitary, blighted, environmentally impaired or contaminated, the effect of which is injurious to the public health, safety and welfare of the Town of Orange and/or its citizens.

Chapter 53. Ethics, Code of

[HISTORY: Adopted by the Board of Selectmen 6-9-2004.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 53, Code of Ethics, adopted 3-20-1973. The Introduction of this ordinance reads as follows: "The Town of Orange believes and declares that its elected and appointed officials and employees are intelligent, responsible and honest people, who have a healthy respect for their individual reputations and that of the Town of Orange and at the same time recognize that occasions arise in which ethics concerns necessitate the intervention of a third party. In such event, the Town expects the individual to seek the counsel of the Board of Ethics and to abide by its ruling (this type of role identifies the passive role of the Ethics Committee). In addition, the Town expects that if the Board of Ethics becomes aware of a possible ethics problem involving one or more persons engaged in some aspect of the Town's business, the Board of Ethics shall conduct an investigation (this role identifies the active role of the Board of Ethics), and if it finds probable cause to believe that a violation has or violations have occurred it shall thereupon order that there be a hearing. Where appropriate, the Board of Ethics shall issue a finding of fact and a ruling thereon. The ruling shall be obligatory upon those involved. Each person entering upon service in and each person presently serving the Town of Orange agrees to the fact that by serving he or she agrees that he or she is engaged in activities involving a serious fiduciary and ethical duty."

§ 53-1. Declaration of policy.

A. 
Our government is a representative democracy. Those who are elected, appointed, hired or volunteer as representatives accept a public trust, which they share with those whom they elect, appoint, hire or otherwise enlist to help them serve the public. The public entrusts its power and resources to its servants to use only in the public interest. Public trust requires public servants to fulfill their public duties faithfully and honestly, and to subordinate any personal interest which conflicts with the public interest. Public trust also requires that the government be conducted in an open manner, when appropriate, so that the official actions of public servants may be subject to public scrutiny and so the members of the public have access to information upon which decisions and policies affecting them are made; but public trust also requires that government be conducted in a manner which respects the rights of its constituents to privacy and confidentiality. Public trust also requires that acts which are contrary to the public interest be defined and prohibited; that there be an orderly procedure for raising and addressing ethical questions; that ethical behavior be encouraged and suitably rewarded and that unethical behavior be discouraged and suitably disciplined through a process that is fundamentally fair.
B. 
It is the responsibility of each public servant to act in a manner which contributes to cultivating public trust in the integrity of government. Public trust in the integrity of government is cultivated when individual public servants act with integrity and when the public is aware that its servants act with integrity. Therefore, dedicated public servants not only act with integrity, but choose to avoid even lawful activity when the appearance of impropriety would lessen the public confidence in its servants and in its system. As a result, sometimes public servants sacrifice opportunities which would be open to them if they were not public servants.
C. 
Although this chapter is necessary to identify minimum standards below which a public servant's conduct cannot fall without risk of penalty, it is understood that a healthy ethical environment for the provision of public service cannot be achieved or maintained by a mere adherence to minimum standards. It is also understood that no provision can replace the internal commitment which motivates those who act ethically. The principle policy which forms the foundation of this chapter is to encourage internal commitment by establishing and maintaining a work environment which supports integrity with pride and enthusiasm. A work environment which supports integrity includes public servants who:
(1) 
Recognize with gratitude that the primary reason they hold a public position is to serve the public;
(2) 
Recognize with pride that they hold their public position because the public trusts them;
(3) 
Are fair and impartial in serving the public and each other in the performance of their duties;
(4) 
Are adequately educated in principles of ethics; and
(5) 
Encourage ethical practices which protect, advance, and promote the public interest.

§ 53-2. Definitions.

For the purpose of this chapter the following capitalized terms, phrases, words and their derivatives shall have the meanings given herein. Capitalized terms, phrases, words and their derivatives not defined herein shall have the meaning as set forth in Sec 1-79 of the Connecticut General Statutes. Words used in the present tense include the future, words in plural number include the singular, and words in the singular include the plural number. Words in the male gender include the female gender and words in the female gender include words in the male gender. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section. The words "shall" and "will" are mandatory and the word "may" is permissive. Terms and words not defined herein or in Section 1-79, Conn. General Statutes, shall be given their common and ordinary meaning unless the context suggests otherwise. When a right or duty pertains to the holder of a specific position, such as First Selectman, Town Clerk, City Clerk or other official, the same right or duty pertains to any designee to whom the holder may lawfully delegate the right or duty.
APPOINTING AUTHORITY
The First Selectman, the Board of Selectmen, the chair of a board, authority, agency, committee, commission or Orange Board of Education.
BUSINESS
An association, commercial entity, corporation, enterprise, firm, franchise, holding company, joint-stock company, organization, partnership, self-employed individual, non-stock company, sole proprietorship, trust, or other legal entity established to earn or otherwise obtain money, whether for profit or non-profit, excluding a municipal corporation or governmental entity.
BUSINESS WITH WHICH HE IS ASSOCIATED
A business in which an official or employee or member of his family is a director, officer, limited or general partner, beneficiary of a trust or holder of stock constituting 5% or more of the total outstanding stock of any class, or the owner of 5% or more of the equitable ownership interest, provided an official or employee, or member of his family shall not be deemed to be associated with a not-for-profit entity solely by virtue of the fact that the official or employee or member of his family is an unpaid director or officer of the not-for-profit entity. "Officer" refers only to the president, executive or senior vice president or treasurer of such business.
CHILD
A son or daughter, whether or not the son or daughter is the biological offspring of the legal parent or parents and whether or not the son or daughter is a financial dependent of the parent or parents. "Child" includes step-child or step-children of either the public servant or the spouse of the public servant.
CONFIDENTIAL INFORMATION
Information, whether transmitted orally or in writing, which is obtained by reason of the public position or office held and is of such a nature that it is not, at the time of transmission, a matter of public record or knowledge and which has not since become a matter of public record.
EMPLOYEES
Those employed by the Town and those employed by any and all boards, agencies, authorities, committees, and commissions of said Town. This includes the Orange Board of Education.
A. 
Any thing or group of things having a monetary value, individually or in aggregate, in excess of $100 in any calendar year, including but not limited to entertainment, food, beverage, travel, lodging, given or paid to the extent that consideration of equal value is not received by the donor.
B. 
Any thing or benefit, regardless of its monetary value, perceived or intended by either the one who offers or the one to whom it is offered to be of sufficient value to influence an official or employee in the performance or nonperformance of an official action.
C. 
"Gift" shall not include:
(1) 
A political contribution otherwise reported as required by law or a donation or payment as described in Subdivision (9) or (10) of Subsection (b) of Section 9-333b;
(2) 
Services provided by persons volunteering their time;
(3) 
A commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business;
(4) 
A gift received from:
(a) 
A spouse or his or her fiancee; or
(b) 
The parent, brother or sister of the spouse or such individual; or
(c) 
The child of such individual or the spouse of such child;
(5) 
Goods or services:
(a) 
Which are provided to the Town:
[1] 
For use on Town property; or
[2] 
To support an event or the participation by an official or employee at an event; and
(b) 
Which facilitate Town action or functions.
(c) 
As used in this subdivision, "Town property" means property owned leased or licensed by the Town;
(6) 
A certificate, plaque or other ceremonial award costing less than $100;
(7) 
A rebate, discount or promotional item available to the general public;
(8) 
Printed or recorded informational material germane to Town action or functions;
(9) 
A gift, including, but not limited to, food or beverage or both, typically provided by an an individual for the celebration of a life event;
(10) 
Gifts costing less than $100 in the aggregate or food or beverage provided at a hospitality suite at a meeting or conference of a legislative association, by a person who is not a registrant or is not doing business with the Town;
(11) 
Admission to a charitable, civic, or political event, including food and beverage provided at such event, and when such event is out of state, reimbursement for lodging and/or travel expenses, at which an official or employee participates in his official capacity, provided such admission and/or reimbursement is provided by a sponsoring entity;
(12) 
Anything of value provided by an employer of (A) an official, (B) an employee, or (C) a spouse of an official or employee, to such official, employee or spouse, provided such benefits are customarily and ordinarily provided to others in similar circumstances.
MATTER
Unless the context of this ordinance indicates otherwise, any act, action, agenda item, allegation, application, amendment, auction, bill, business, case, charge, claim, consideration, contract, controversy, decree, deed, deliberation, discussion, hearing, issue, lease, license, measure, offer, order, ordinance, permit, personnel action, petition, policy, project, presentation, procedure, privilege, proceeding, project, proposal, proposition, purchase, recommendation, regulation, rental, request, resolution, sale, subject, transaction, use, variance, or other discretionary choice pending before a municipality decisionmaker when a public servant has a personal interest in the outcome of the decision, or may result in a personal benefit to the public servant.
MEMBER OF THE FAMILY
Any spouse, child, parent, or anyone residing in the household of an official or employee.
OFFICIAL ACTION
Any act, action, approval, decision, denial, directive, disapproval, inaction, order, performance, nonperformance, recommendation, vote, or other direct result of an official's or employee's exercise of a discretionary authority in connection with his or her public position.
OFFICIAL RESPONSIBILITY
Direct administrative or operating authority, whether intermediate or final and whether exercisable personally or through subordinates to approve, disapprove, or otherwise direct government action.
OFFICIALS
Those elected and/or appointed persons of the Town of Orange and its boards, agencies, authorities, committees, and commissions, either paid or unpaid (voluntary).
OUTSIDE EMPLOYMENT
To be employed by some employer, other than the Town of Orange, or stated more precisely, to devote or apply one's energy to some process, effort, or service to any employment with any person or business for which any such person is receiving, has received or will receive or was promised, is promised some thing of value to him or her in the present or in the future.
PERSON
An individual, sole proprietorship, trust, corporation, union, association, firm, partnership, club, committee, or other group of persons.
PERSONAL INTEREST
A direct or indirect interest having value peculiar to a particular individual or group, whether the value is pecuniary or nonpecuniary, which value may accrue to such individual or group or result in such individual or group deriving or potentially deriving a personal benefit as a result of the approval or denial of any ordinance, resolution, order, or other official action, or the performance or nonperformance thereof, by an official or employee and which is not shared by the general public.
RECUSE
One has removed himself or herself from participation in any matter or part of any matter in which such participation can give rise to a mere inference of a conflict of interest or can involve an actual conflict of interest. When an occasion of a recusal arises, it must be timely and complete. Recusal, by its nature, the removal of oneself from acting in the capacity and under the authority of one's official capacity for cause requires that the removal should take place before the beginning of any hearing, action, consideration of action, inquiry, or deliberation and must take place at such time as the official becomes aware of such facts as give rise to such conflict or apparent conflict of interest. Any recusal shall include a statement setting forth good and reasonable cause for the same.

§ 53-3. Severability.

If any provision of this chapter shall be in conflict with the provisions of the Connecticut General Statutes or otherwise unenforceable at law, said provision shall be severed from this Code of Ethics and shall not affect the effect or enforceability of the remainder of this code.

§ 53-4. Municipal Ethics Commission; members, appointment, qualification, vacancies, political activity.

A. 
There shall be a municipal Board of Ethics consisting of five members. The members shall be appointed by the First Selectman pursuant to the Charter of the Town of Orange for terms of four years. No more than a majority shall be members of the same political party. The terms of the members in office at the time of the adoption of this amendment of the Town of Orange Code of Ethics shall not be affected by this section and this section shall only affect the appointment of members made or the reappointment of members of this Board of Ethics, whose appointment expires after the adoption of this code, made after the adoption of this code.
B. 
Qualifications for membership.
(1) 
All members shall be electors of Orange. No member shall hold or campaign for any political office in the Town of Orange.
(2) 
No member shall have held political office in Orange, or have been a candidate for a political office of the Town of Orange, for a one-year period prior to the appointment to the Board of Ethics.
(3) 
No member shall hold office in any political party or political committee.
(4) 
No member shall serve as a member of any other board, agency, authority, committee, commission, or other entity exercising any authority on behalf of the Town of Orange.
C. 
The Board of Ethics shall elect a chairperson who shall preside at meetings of the Board of Ethics, a vice-chairman to preside in the absence of the chairperson, and a secretary, who shall take the minutes of the meetings, maintain the records in current order, file necessary legal notices and filing papers as are required by this chapter. Four persons out of five shall constitute a quorum. A majority vote of the Board of Ethics members present at a meeting is required for action of the Board of Ethics except as otherwise provided herein. The Chairperson or any three members of the Board of Ethics may call a meeting as provided by law.

§ 53-5. Duties of Board of Ethics regarding: records, opinions, orders, advisory opinions, and memoranda.

A. 
Preparation and maintenance of records; advisory opinions.
(1) 
The Board of Ethics shall prepare all reports, advisory opinions, orders, statements, memoranda, and shall request that all advisory opinions of counsel be prepared, in triplicate. This requirement is to facilitate public access to such reports, advisory opinions, orders, statements, memoranda, and counsel's advisory opinions. The original of each such document shall be filed with the Orange Town Clerk, who shall retain same on file in chronological and numerical order together with an index thereof. The second copy shall be maintained in a bound book created, maintained and retained in a file cabinet of this Commission. The third copy shall be placed in a loose-leaf notebook kept and maintained in the offices of this Board of Ethics along with a master copy of this ordinance sufficiently spaced to allow for annotation of the provisions hereof involved in any such record, order, statement, memoranda or advisory opinion of counsel. The provisions of this section shall not apply to any matters which are to remain confidential pursuant to the provisions of § 53-7 of this Code or any applicable provisions of the Connecticut General Statutes.
(2) 
The Board of Ethics shall issue advisory opinions with regard to the requirements of this Ethics Code upon the written request of an official or employee. The Board of Ethics shall address only the specific request (vague and unclear requests will be returned for clarification) contained therein. Advisory opinions rendered by the Board of Ethics, until amended, overruled in part, or revoked, shall be binding upon the Board of Ethics, upon the person requesting the same and shall be deemed the final decision of the Commission. The person who requests the advisory opinion acted upon same in reliance thereon in good faith shall have an absolute defense in any matter brought under the involved provision of this code. Decisions of the Board of Ethics shall be circulated among all Town boards, agencies, authorities, committees, commissions, the Orange Board of Education and quasi-public entities and the personnel of same.
(3) 
The Board of Ethics shall file a written report to be included in the Annual Town Report summarizing the activities of the Board.
B. 
The Board of Ethics may adopt, after public hearing, rules and regulations not inconsistent with this Code for administration and implementation of this code.
C. 
The Board of Ethics, after request made to and authorization given by the Board of Selectmen, may employ necessary staff within available appropriations as determined by the Board of Selectmen.

§ 53-6. Complaints, procedures, time limits, investigations, notice, hearings, damages for complaints without foundation.

A. 
Investigation of complaints.
(1) 
Upon complaint of any person, signed under oath or under penalty of false statement, or upon its own complaint, the Board of Ethics shall investigate any alleged violation of this Code or applicable state statute (regarding ethics, corrupting influence, or illegal activities as provided in Section 7-148h, as amended, of the Connecticut General Statutes).
(2) 
Not later than 10 business days after the receipt or issuance of such complaint, or, not later than 10 business days after the first contact with the third party if the Board of Ethics undertakes the investigation of a possible violation prior to the issuance of a complaint the Board of Ethics shall provide notice of such investigation, receipt or issuance of such complaint by mail to any respondent(s) against whom such a complaint is filed or investigation is being conducted and shall provide notice of the receipt of the complaint to the complainant(s).
(3) 
The Board of Ethics shall investigate the complaint to determine whether or not there exists probable cause that a violation of any provision of the Code or applicable state statute has occurred. The affirmative vote of four members of the five-person Board of Ethics is necessary for a finding of probable cause of a violation. If the Board of Ethics determines that there is no probable cause of a violation, the Board of Ethics shall dismiss the complaint. Notice of the Board of Ethics' findings, and summary of such findings, shall be given to the complainant(s) and the respondent(s) within three business days after the completion of the investigation. If, in the course of any investigation, the Board of Ethics shall discover another and separate possible violation(s), it shall, after written notice to the respondent(s), make a separate investigation to determine whether or not there exists probable cause of a violation or violations and if it finds no probable cause, as aforesaid, it will provide the notice as aforesaid by mail.
(4) 
If the Board of Ethics finds probable cause of a violation or violations, then within 30 days after so determining, the Board of Ethics shall fix a date for the commencement of the hearing on the allegation(s) contained in the complaint. The hearing date regarding any probable cause for a complaint or investigation shall be not more than 60 days after the mailing of the notice of the complaint or investigation to the respondent.
B. 
Procedures.
(1) 
The Board of Ethics, in the conduct of its investigation of an alleged violation of this Code or applicable state statute and/or upon the hearing of a complaint, shall have the power to hold hearings, administer oaths, examine witnesses, receive oral and documentary evidence, require production for examination by the Board of Ethics of any books, papers, documents, or records, which the Board of Ethics deems relevant in any matter under investigation or in question and to issue subpoenas and subpoenas duces tecum to witnesses, enforceable upon application to the Superior Court. In the exercise of such power, the Board of Ethics may use the services of the state police or local police. Such services shall be provided by the Orange Police Department upon the Board of Ethic's request. Any witness summoned before the Board of Ethics shall receive the witness fee paid to witness in the courts of this state.
(2) 
The complainant and the respondent shall have the right to appear and to be represented by legal counsel, provided such counsel has filed a written appearance on behalf of his or her or their client(s) and to examine and cross examine witnesses.
(3) 
In the investigation of a complaint or of a matter initiated by the Board of Ethics, the Board of Ethics may investigate as a whole body, or it may designate one or more members to conduct an investigation and to report to the Board of Ethics as a whole.
(4) 
The Board of Ethics shall make no finding that there is a violation of any provision of this code or any applicable statute except upon the concurring vote of at least four out of five of its members. Each such violation must be established by a preponderance of the evidence.
(5) 
Any hearing conducted by the Board of Ethics shall not be governed by the strict rules of judicial evidence but by an administrative standard so as to allow a liberal introduction of testimony and documentary evidence. The weight to be given to the same will be determined by THE Board of Ethics.
(6) 
At any hearing on a complaint, a court stenographer shall be retained by the Board of Ethics to record the proceedings.
(7) 
The Board of Ethics shall be represented by Town Counsel or by outside counsel retained by the Town for that purpose. The Board of Ethics shall, at the time that the Board of Ethics finds probable cause for a hearing, file written request for the services of counsel with the Board of Selectmen.
(8) 
No complaint may be made under this code except within three years after the violation alleged in the complaint has been committed. Complaints may be filed against officials and employees who no longer hold public office or who are no longer employed by the Town of Orange subject to the limitations set forth in this subsection.
(9) 
No person shall take or threaten to take official action against an individual for such individual's disclosure of information to the Board of Ethics under the provisions of this Code.
(10) 
In making its finding and any written report thereon the Board of Ethics shall avoid, to the extent that it is possible, the use of the names of witnesses, except for the respondent.

§ 53-7. Confidentiality of complaints, evaluations of possible violations, investigations; publication of findings of violations.

A. 
Unless the Board of Ethics makes a determination of probable cause of a violation, a complaint alleging a violation and the record of the Board of Ethics shall be and remain confidential, except upon the request, duly signed, by the respondent, and except that some or all of the records may be utilized in subsequent proceedings.
B. 
Prior to the filing of its own complaint, the Board of Ethics may conduct a preliminary investigation to determine whether the filing of a complaint is warranted. This preliminary investigation shall be confidential except upon the written request, duly signed, by the subject of the investigation.
C. 
If the complaint or investigation is confidential no complainant, respondent, witness, designated party, or Board of Ethics member, or staff member shall disclose any information relating to the investigation or learned in the investigation, including knowledge of the existence of the complaint, or investigation, which the disclosing person would not otherwise have known. If such disclosure is made the Board of Ethics may, after consultation with the respondent if the respondent is not the source of the disclosure, publish its findings and a summary of the reasons therefor. Nothing herein shall preclude the Board of Ethics from reporting the possible commission of a crime to the Chief States Attorney or other prosecutorial authority.
D. 
If the Board of Ethics, upon the conclusion of its investigation, shall find a violation of this code or of applicable state statutes, the Board of Ethics shall make public a finding of probable cause not later than 10 business days, after the termination of the investigation. At such time, the entire record of the investigation shall become public, except that the Board of Ethics may postpone the release of such public records for a period of 14 days for the purposes of disposing of such complaint by stipulated agreement with the respondent.

§ 53-8. Penalties for offenses.

A. 
Violation of any provision of this code or of any applicable state statute(s) shall constitute grounds for, and may be punished by, one or more of the following:
(1) 
Public censure and reprimand;
(2) 
A civil penalty of not more than $100 per violation payable to the Town of Orange.
B. 
Any penalties imposed by the Board of Ethics pursuant to this code may be enforced by judicial process or pursuant to citation in accordance with §§ 195-6 through 195-13 of the Orange Code.

§ 53-9. Conflicts of interest.

A. 
No employee or official shall engage in or participate in any business, including outside employment, or have an interest, direct or indirect, which is incompatible with the proper discharge of his or her responsibilities in the public interest or would tend to impair his or her independent judgment or action in the performance of his or her official responsibilities.
B. 
No employee or official shall solicit or accept any gift from any person who to his or her knowledge has a personal interest in any pending matter within such individual's official responsibility.
C. 
If a prohibited gift is offered, he or she must refuse it, return it, pay the donor the full value of it, or donate it to a nonprofit charitable organization, provided he or she does not take a corresponding tax write-off. Alternatively, it may be considered a gift to the municipality, provided it remains in the municipality's possession permanently.
D. 
No employee or official shall appear on behalf of a private interest before any board, commission, committee, agency, or authority of which he or she is a member or employed by or, with respect to an employee, whose employment involves advising or representing such board, commission, committee, agency or authority.
E. 
Nothing in this code shall prohibit or restrict an official, or employee, or a quasi-public employee from appearing before any board, commission, committee, agency, authority or quasi-public authority on his or her own behalf, or from being a party in any action, proceeding or litigation brought by or against the public employee or public official in which the municipality is a party.
F. 
No official or employee shall disclose confidential information concerning municipal affairs, nor he or she use such information for the financial interest of himself or herself or others.
G. 
No employee or official shall request or permit the use of municipality-owned vehicles, equipment, facilities, material, or property for personal convenience or profit, except when such are available to the public generally or are provided as municipal policy for the use of such officials or employees to conduct official business.
H. 
No official, no employee or business with which he or she is associated or member of his or her family shall enter into a contract with the municipality unless it is awarded through a process of public notice and competitive bidding.
I. 
No employee or official shall accept a fee or an honorarium for an article, appearance, or speech, or participation at an event in his or her official capacity.
J. 
No official or employee, member of such official's or employee's family or business with which he or she is associated shall solicit or accept anything of value, including, but not limited to, a gift, loan, a political contribution, reward, or promise of future employment based on any understanding that the vote, or official action or judgment of the official or employee would be influenced thereby.
K. 
No person shall be elected or appointed to more than one standing municipal office, board, committee, agency, authority, or commission, unless approved in advance thereof by the Board of Ethics, or provided by state statute or ordinance creating authority of the board, committee, commission or agency. Such approval shall be granted only if the offices are so unrelated (1) such that service on one will not be detrimental to the municipality; (2) so as not to adversely and materially limit that person's loyalties, duties and responsibilities owed to each office; (3) so as to maintain the public confidence and trust in the independent deliberations and decisions of municipal offices, commissions, committees, authorities, agencies, and boards. This subsection shall not apply to the office of Municipal First Selectman who, pursuant to Section 4-2 of the Orange Town Charter, is an ex-officio, non-voting member of all municipal agencies, boards, committees, commissions, authorities or to ad hoc or temporary committees. The provisions of Connecticut General Statutes Section 9-210, Incompatible Town Offices, as may be amended hereinafter, is incorporated herein by reference.
L. 
No official or employee shall take official action on any matter within his or her official responsibility if the official or employee has reason to believe that the official or employee, a member of his or her family, or a business with which he or she is associated will derive a direct monetary gain or suffer a direct monetary loss by reason of such official action. In such circumstance the official shall recuse himself or herself from the matter subject of such official action. This provision shall not apply if such monetary gain or loss accrues to the benefit or detriment of the official or employee, a member of his or her family, or a business with which he or she is associated as a member of a profession, occupation or group to no greater extent than to any other member of such profession, occupation or group.

§ 53-10. Paid consultants of municipality.

A. 
No paid consultant of this municipality shall represent a private interest in any action or proceeding against the interest of the municipality which is in conflict with the performance of his duties as consultant.
B. 
No paid consultant may represent anyone other than the municipality concerning any matter in which he participated personally and substantially as a consultant to the municipality.
C. 
No paid consultant shall disclose confidential information learned while performing his or her duties for the municipality nor shall be use such information for the financial interest of himself or of others.

§ 53-11. Former public officials/public employees.

A. 
No former official or employee shall appear for compensation before any municipal commission, agency, committee, authority, or board by or in which he was formerly employed or served at any time upon any matter which was under consideration at the time of his or her service at any time.
B. 
No former employee or official shall represent anyone other than the municipality before any board or commission concerning any particular matter in which he participated personally and substantially while in municipal service.
C. 
No former official or employee shall disclose or use confidential information acquired in the course of or by reason of his or her official duties, for the financial gain of himself or herself or others.
D. 
No former employee or official who participated substantially in the negotiation or award of a municipal contract obliging the municipality to pay an amount of $100,000 or more, or who supervised the negotiation or award of such contract, shall accept employment with a party to the contract other than the municipality for a period of one year after such contract was signed and substantial performance thereof had begun.

§ 53-12. Distribution of code.

The Town Clerk shall cause a copy of this Code of Ethics to be distributed to every employee and official within 60 days after the enactment of this code. Each employee and official shall be furnished a copy before entering the duties of his office or employment and sign a statement stating that he or she has received a copy of this ordinance.

Chapter 58. Family Counseling Service

[HISTORY: Adopted at meeting of Committee of the Town of Orange 5-1-1975. Amendments noted where applicable.]

§ 58-1. Counseling service authorized; term and funding of program.

The First Selectman of the Town of Orange hereby permits the Family Counseling of Greater New Haven, Inc., to begin a one day a week family counseling service in Orange for Orange residents. The program will start in September and will use town-provided facilities. There is to be a six-month introductory period which will be supervised and evaluated. The continuation of the program beyond the initial six-month period will be based on its effectiveness, its acceptance, and its financial support. No money will be appropriated by the town to underwrite the cost of the service at this time.

§ 58-2. Appointment of ad hoc committee.

The First Selectman hereby appoints Father Howard Nash (Chairman), Reverend Neil Burn, Mrs. Mollie Klein and Dr. Robert White as an ad hoc committee to work out the immediate details of operation and of financial support. The committee is to report its findings and recommendations to the First Selectman for his approval by June 30, 1975. The Committee is authorized to call on any town agency for advice and information.

§ 58-3. Creation of advisory committee.

The First Selectman will appoint a standing advisory committee of six to 10 members composed of human services professionals and interested citizens of Orange. The function of this committee will be: to interpret the counseling service to the community; to inform the Agency of the needs of the community; and to deal with the financial matters relating to the service.

Chapter 62. Fiscal Year

[HISTORY: Adopted by the Special Town Meeting of the Town of Orange 6-12-1957. Amendments noted where applicable.]

§ 62-1. Compliance with statute.

The Town of Orange does hereby agree to comply with the provisions of Chapter 40 of the General Statutes of Connecticut, Revision of 1949, and amendments thereto, relative to adoption of a uniform fiscal year.

§ 62-2. Commencement date.

July 1, 1958, be hereby fixed as the beginning of the new fiscal year.

Chapter 66. Flood and Erosion Control Board

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 12-21-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 223.

§ 66-1. Adoption of statute.

The Town of Orange hereby adopts the provisions of Sections 25-84 to 25-94, inclusive, of the Connecticut General Statutes and shall exercise through a Flood and Erosion Control Board the powers granted by those sections.

§ 66-2. Board of Selectmen to act as Flood and Erosion Control Board.

The Board of Selectmen of the Town of Orange is hereby empowered to act as the Flood and Erosion Control Board, with all the powers and duties set forth in said Sections 25-84 through 25-94.

Chapter 68. Government Access Television Committee

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 9-12-2001, effective 11-19-2001. Amendments noted where applicable.]

§ 68-1. Creation.

There shall be an Orange Government Access Television Committee (the Committee).

§ 68-2. Responsibilities.

A. 
The Committee shall be responsible for assuring the day-to-day operation of the Orange Government Access Television Station, known as "Orange Government Access Television (OGAT)."
B. 
Furthermore, in order to maintain said station, the Committee shall act as the oversight authority for all employees, contractors, vendors and volunteers needed to operate the station and may delegate to the OGAT Coordinator the day-to-day responsibilities of said oversight authority. The Committee shall make recommendations to the First Selectman on station personnel selection, appointment, employment, and personnel matters. The Committee shall also be responsible for maintaining and enforcing the OGAT Policies and Procedures as approved by the Board of Selectmen and assure OGAT is in conformance with the policies and procedures of other controlling governmental entities and creations and cable service providers, by recommending changes to the Policies and Procedures as needed.
C. 
Furthermore, the Committee shall also be responsible for drafting the annual budget request for the station in accordance with Town of Orange budget process and maintain an oversight and approval role in the management and expenditure of approved funds for the management of the station.
D. 
The Committee is further charged with assuring that government programming consistent with its Policies and Procedures is made available to the citizens of Orange.
E. 
The Committee shall also maintain a liaison with the appointed representative from the Town of Orange to the Cable Advisory Council Area Two in order to stay abreast of the dynamic public/education/government (PEG) environment and to provide the representative with the Committee's concerns.

§ 68-3. Membership; terms of office.

A. 
The Committee shall consist of seven voting members appointed in accordance with the Town Charter and one nonvoting student representative.
B. 
The nonvoting student representative member shall be appointed annually by the First Selectman with the term beginning 30 days after the November election date. The voting member terms shall consist of staggered four-year terms except as described below for the initial members of the board appointed following adoption of this chapter. The First Selectman shall appoint three members to serve until 30 days after the 2003 municipal election and four members to serve until 30 days after the 2005 municipal election. Thereafter, all terms shall be for four years.

Chapter 70. Health Department, Board and Officials

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 6-19-1979; amended in its entirety 8-19-1986. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Visiting nurse association — See Ch. 98.
Sanitarian — See Ch. 114.

§ 70-1. Board of Health established; membership; terms; meetings.

There is hereby established a Board of Health of the Town of Orange. The function of this Board shall be to oversee the Health Department, which department of the town existed as of the effective date of this chapter and shall continue to exist under the auspices of the Board of Health. The Board of Health shall consist of nine members appointed by the First Selectman as provided in Section 4.4 of the Orange Charter. The terms of the first nine members shall be divided into two classes. The First Selectman shall appoint five members to serve for a term to end 30 days following the biennial town election in 1981, and four members to serve for a term to end 30 days following the biennial town election in 1983. At the expiration of the initial term of office of each Board member, his or her successor shall be appointed by the First Selectman, subject to Section 3.8 of the Orange Charter, to serve a term of four years. Vacancies shall be filled in accordance with Section 4.4 of the Orange Charter. The Board of Health shall meet at least once every three months.

§ 70-2. Functions of Board of Health.

The functions of the Board of Health shall be to advise the Board of Selectmen concerning public health matters and to perform the duties specifically imposed upon Boards of Health by the Connecticut General Statutes or delegated to the Board of Health by the Board of Selectmen. In performing these functions, the Board of Health may:
A. 
Consistent with state laws and the Orange Charter, initiate and ensure the enforcement and implementation of all laws, ordinances, rules and regulations affecting the public health of the residents of the Town of Orange;
B. 
Advise the Director of Health on public health and related matters;
C. 
Coordinate all activities in the Town of Orange relating to public health;
D. 
Recommend policy and priorities for the Health Department to the Board of Selectmen;
E. 
Periodically review and evaluate all existing programs and policies pertaining to the Orange Health Department;
F. 
Act as the supervising and policy review board over the Orange Public Health Nursing Service Board;
G. 
Establish and regulate license and fee requirements within the jurisdiction of the Health Department;
H. 
Review budget proposals submitted to the Board of Health by section heads within the Health Department and establish a budget to be submitted annually to the Board of Finance;
I. 
Prior to the expiration of the term of office of the Director of Health, recommend a successor for that office to the First Selectman; and
J. 
If requested, recommend to the First Selectman a candidate for the position of Assistant Director of Health.

§ 70-3. Assistant Director of Health.

There is hereby created the appointive position of Assistant Director of Health of the Town of Orange. An Assistant Director shall have all the powers of a Director of Health in the absence of the Director and, in addition, shall have all of the powers properly delegated to the Assistant by the Director.

Chapter 73. Historic District and Commission

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 12-20-1977. Amendments noted where applicable.]

§ 73-1. District established; delineation of boundaries.

To promote the educational, cultural, economic and general welfare of the public and to preserve the unique architectural heritage of certain portions of the Town of Orange through the preservation and protection of buildings, places and districts of historic interest, by the maintenance of such, as landmarks in the history of architecture and of the town and through the development of appropriate settings for such buildings, places and districts, pursuant to Sections 7-147a through 7-147m,[1] inclusive, of the General Statutes of Connecticut, as the same may be amended (hereinafter referred to as the "Act"), there is hereby established an historic district in the town to be known as "The Orange Historic District" (the "District"). The District is composed of the 27 parcels of property shown on a map, dated December 2, 1977, entitled, PROPOSED HISTORIC DISTRICT, TOWN OF ORANGE, prepared by Richard A. Mason, which is on file in the Land Records of the Town of Orange as Map No. 901, to which reference is made by this chapter. The boundaries of said District described with reference to said map are as follows:
Commencing from a point located on the westerly boundary of Orange Center Road 670 feet, more or less, north of the northern corner of the intersection of Meetinghouse Lane and Orange Center Road, the Historic District is bounded:
NORTHERLY for 285 feet, more or less, by land now or formerly of the Orange Cemetery Association;
WESTERLY for 295 feet, more or less, by other land of the Southern New England Telephone Company along a line defined by and being in part an extension of the westerly boundary line of land now or formerly of Charles Enders and Ruth Enders;
SOUTHERLY for 123 feet, more or less, by land now or formerly of Albert M. Clark and Hannah Clark Russell;
WESTERLY for 307.1 feet, more or less, by land now or formerly of Albert M. Clark and Hannah Clark Russell;
NORTHERLY for 136.5 feet, more or less, by land now or formerly of Albert M. Clark and Hannah Clark Russell;
WESTERLY for 200 feet, more or less, by land now or formerly of Albert M. Clark and Hannah Clark Russell; and then
across Meetinghouse Lane by a line which is an extension of the westerly boundary line of land now or formerly of Albert M. Clark, Jr., and Charlotte R. Clark, and then by the southerly boundary of Meetinghouse Lane for 250 feet, more or less, to the northwest corner of land now or formerly of Marie Louise Coppolla and Louis L. Coppolla; and then
WESTERLY for 124.8 feet, more or less, by land now or formerly of Frederick C. Pilbro and Audrey J. Pilbro;
SOUTHERLY for 230 feet, more or less, by land now or formerly of Hannah Clark Russell;
WESTERLY from that point for 359 feet, more or less, along a straight line to the northwest corner of land now or formerly of Kenyon H. Case, by land now or formerly of Hannah Clark Russell;
WESTERLY for 92 feet, more or less, by land now or formerly of Hannah Clark Russell;
SOUTHERLY for 59 feet, more or less, by land now or formerly of Hannah Clark Russell;
WESTERLY for 136 feet, more or less, by land now or formerly of Hannah Clark Russell;
SOUTHERLY for 300 feet, more or less, by land now or formerly of Hannah Clark Russell; and then
across Orange Center Road by a line which is an extension of the southerly boundary line of land now or formerly of Albert M. Clark III and Susan Clark, and then by the easterly boundary of Orange Center Road for 320 feet, more or less, to the southwest corner of land now or formerly of Norman W. Boppert; and then
SOUTHERLY for 251.6 feet, more or less, by land now or formerly of Helen Racz, et al;
EASTERLY for 220.7 feet, more or less, by land now or formerly of Arthur Boppert and Gemma Boppert; and then
across Porter Lane by a straight line to the southeast corner of land now or formerly of Leonard Pollack and Sonya A. Pollack; and then
EASTERLY for 302 feet, more or less, by land now or formerly of Marie Johnston;
SOUTHERLY for 15 feet, more or less, by land now or formerly of Marie Johnston;
EASTERLY for 30 feet, more or less, by land now or formerly of Marie Johnston;
EASTERLY for 128 feet, more or less, by land now or formerly of Kathryn B. Clark, et al;
EASTERLY for 260 feet, more or less, by other lands of Kathryn B. Clark, et al;
SOUTHERLY for 30 feet, more or less, by land now or formerly of Kathryn B. Clark, et al;
EASTERLY for 316 feet, more or less, by land now or formerly of the Town of Orange; and then
across Tyler City Road by a line which is an extension of the easterly boundary line of land now or formerly of the Town of Orange, and then by the northerly boundary of Tyler City Road for 217 feet, more or less, to the intersection of the northerly boundary of Tyler City Road and a line defined by and being an extension of the easterly face of the Town Hall; and then
EASTERLY for 275 feet, more or less, along a line defined by and being in part an extension of the easterly face of the Town Hall and of the Fire House, by other lands of the Town of Orange;
SOUTHERLY for 90 feet, more or less, along a line defined by and being in part an extension of the southerly face of a projection of Mary Tracy School, by other lands of the Town of Orange;
EASTERLY for 130 feet, more or less, along a line defined by an easterly face of the Mary Tracy School, by other lands of the Town of Orange;
SOUTHERLY for 40 feet, more or less, along a southerly face of the Mary Tracy School, by other lands of the Town of Orange;
EASTERLY for 225 feet, more or less, along a line defined by and being in part an extension of the easterly face of the Mary Tracy School to the southerly boundary of Schoolhouse Lane, by other lands of the Town or Orange;
SOUTHERLY for 120 feet, more or less, along the southerly boundary of Schoolhouse Lane, by land now or formerly of the Town of Orange; and then
across Schoolhouse Lane to the southeast corner of land now or formerly of the Town of Orange by a line which is an extension of the easterly boundary line of land now or formerly of the Town of Orange; and then
EASTERLY for 150 feet, more or less, by land now or formerly of Harriet W. Rogers;
NORTHERLY for 75 feet, more or less, by land now or formerly of Harriet W. Rogers;
EASTERLY for 151 feet, more or less, by land now or formerly of Harriet W. Rogers;
NORTHERLY for 143.1 feet, more or less, by land now or formerly of Harriet W. Rogers;
WESTERLY for 150 feet, more or less, by land now or formerly of Harriet W. Rogers;
NORTHERLY for 25 feet, more or less, by land now or formerly of Harriet W. Rogers;
EASTERLY for 50 feet, more or less, by land now or formerly of Harriet W. Rogers;
NORTHERLY for 155 feet, more or less, by land now or formerly of Harriet W. Rogers to the easterly boundary of Orange Center Road; and then
by the easterly boundary of Orange Center Road for 330 feet, more or less, to a point opposite the point of beginning, and then across Orange Center Road by a straight line to the point of beginning.
[1]
Editor's Note: Former §§ 7-147l and 7-147m of the Connecticut General Statutes were repealed 1980, P.A. 80-314, § 12. For the subject matter of former § 7-147l, see now § 7-147b.

§ 73-2. Historic District Commission.

To carry out the purposes of this chapter in accordance with the provisions of the Act, there is hereby established the Orange Historic District Commission (the "Commission").
A. 
The Commission shall consist of five members, all of whom shall be electors of the town holding no salaried municipal office, appointed by the First Selectman in accordance with Section 6.90 and Section 4.4 of the Charter of the Town of Orange. Original members shall be appointed within 15 days after the effective date of this chapter. All members shall serve without compensation.
B. 
The terms of the original members shall be set by the appointing authority and shall be such that the term of at least one original member shall expire on the anniversary of the initial appointments in each succeeding year. All subsequent appointments shall be for terms of five years set by the appointing authority, except that an appointment to fill an unexpired term shall be for a duration of said unexpired term only.
C. 
The appointing authority may in like manner appoint up to a maximum of five alternate members in accordance with Section 7-147c of the General Statutes.
D. 
Within 30 days after the appointment of the original members of the Commission, the Commission shall meet and the members shall elect from their number a Chairman, a Vice Chairman and a Clerk of the Commission to serve for one year. Annually thereafter at a meeting of the Commission within 30 days after the anniversary of the appointment of original members, the members shall elect a Chairman, a Vice Chairman and a Clerk of the Commission to serve for that year.
E. 
The Commission shall have such powers and responsibilities, perform such functions, and be subject to such limitations as shall from time to time be prescribed under the General Statutes of Connecticut. The Commission shall adopt rules of procedure and have authority to enforce regulations not inconsistent with the provisions of said statutes, of the Town Charter, and of this chapter, and may, subject to appropriation and approval of the Board of Selectmen, employ clerical and technical assistants or consultants and accept money gifts, expend the same for the purposes enumerated in the Act and in this chapter.
F. 
The Commission shall meet not less frequently than once annually but may meet at any time at a behest of the Chairman or upon a request for a meeting made by two of the other members of the Commission. The times and places for meetings shall be determined by the Chairman.

§ 73-3. Notification of property owners within District.

The following, alphabetically listed by last name, are the owners of real property located within the District to whom notice of public hearing has been given pursuant to Section 7-147b(e) of the General Statutes: Boppert, Norman W.; Case, Kenyon H.; Clark, Albert M. III and Susan A.; Clark, Kathryn B., Benjamin T. III, and Donald F.; CoFrancesco, Augustine P. and Romily C.; Cole, Kenneth J. and Betsy P.; Coppolla, Marie Rose and Louis L.; Enders, Ruth W. and Charles; Madden, Edward J. and Ruth T.; Marchant, Louise B.; McGuire, Maria Theresa Helen; Olson, Vera M.; Orange Congregational Church; Pollack, Leonard and Sonya A.; Russell, Hannah Clark; Southern New England Telephone Company; Speaker, Bertha E.; Town of Orange; and Wollenberg, Carlton A. and Sandra P.

§ 73-4. Record of chapter.

This chapter and any amendment hereof shall be recorded in the land records of the Town of Orange and indexed by the Town Clerk in the grantor index under the names of the owners of record of such real property as is included within the District.

Chapter 76. Housatonic River Estuary Commission

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 8-8-2007. Amendments noted where applicable.]

§ 76-1. Commission established.

There is hereby established a Housatonic River Estuary Commission (the "Commission"). The Commission shall consist of seven members, one member from each of the following municipalities: Shelton, Derby, Ansonia, Orange (the "Orange Commissioner"), Stratford and Milford (hereinafter collectively referred to as the "Commissioners") and a member-at-large.

§ 76-2. Membership: terms.

A. 
The Orange Commissioner shall be appointed by the First Selectman in accordance with the Charter for the Town of Orange. The Orange Commissioner shall serve a four-year term. In the event of a vacancy in the Orange Commissioner position, the First Selectman shall fill said vacancy in accordance with the Charter for the Town of Orange.
B. 
The member-at-large shall be chosen by the Commissioners in accordance with the rules for electing said position established by the Commission and shall serve a term established by the Commission.

§ 76-3. Responsibilities.

The Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in Section 25-170 of the General Statutes, as the same may, from time to time, be amended.

Chapter 77. Housing Partnership

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 1-15-1991. Amendments noted where applicable.]

§ 77-1. Housing Partnership created.

There is hereby created the Orange Housing Partnership, appointed by the First Selectman. The number of members of the Orange Housing Partnership shall be in the discretion of the First Selectman, to be appointed by him/her in accordance with Section 4.4 of the Orange Charter and Section 1(b) of P.A. 88-305.[1]
[1]
Editor's Note: See § 8-336f(b) of the Connecticut General Statutes.

§ 77-2. Compliance with law.

A. 
The Town of Orange shall comply with Section 1(c) of P.A. 88-305[1] in applying for an initial designation under the Connecticut Housing Partnership program described in P.A. 88-305.
[1]
Editor's Note: See § 8-336f(c) of the Connecticut General Statutes.
B. 
The Town of Orange shall comply with Section 1(d) of P.A. 88-305[2] if it chooses to apply for a development designation under the Connecticut Housing Partnership program described in P.A. 88-305.
[2]
Editor's Note: See § 8-336f(d) of the Connecticut General Statutes.

§ 77-3. Expenses of the Orange Housing Partnership; authority to commit municipality.

No person shall have the right to expend any public funds of the municipality in carrying out any Partnership activities authorized by this chapter without prior approval of the Board of Selectmen nor shall any person have any right to bind the municipality by contract, agreement or otherwise without prior and specific approval of the Board of Selectmen.

§ 77-4. Dissolution.

The Orange Housing Partnership may be dissolved by a vote of the Orange Board of Selectmen.

Chapter 81. Inland Wetlands and Water Courses Commission

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 3-26-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Inland wetlands and water courses regulations — See Ch. 381.

§ 81-1. Purpose.

A. 
The State of Connecticut has legislatively determined that the inland wetlands and water courses of the State of Connecticut are an indispensable and irreplaceable but fragile natural resource with which the citizens of the State of Connecticut have been endowed. The wetlands are an interrelated web of nature essential to an adequate supply of surface and underground water, to hydrological stability and control of flooding and erosion; to the recharging and purification of ground water; and to the existence of many forms of animal, aquatic and plant life.
B. 
Many inland wetlands and water courses have been destroyed or are in danger of destruction because of unregulated use by reason of the disposition, filling, or removal of material, the diversion or obstruction of water flow, the erection of structures and other uses, all of which have despoiled, polluted and eliminated wetlands and water courses. Such unregulated activity has had, and will continue to have, a significant, adverse impact on the environment and ecology of the State of Connecticut, and has or will continue to imperil the quality of the environment thus adversely affecting the ecological scenic, historic and recreational values and benefits of the state for its citizens now and forever more. The preservation and protection of the wetlands and water courses from random, unnecessary, undesirable and unregulated uses, disturbance or destruction is in the public interest and is essential to the health, welfare and safety of the citizens of the state.
C. 
It is, therefore, the purpose of this chapter to implement the State of Connecticut's legislative findings as they are applicable to the Town of Orange, by making provisions for the protection, preservation, maintenance and use of the inland wetlands and water courses, by minimizing their disturbance and pollution; maintaining and improving water quality in accordance with the highest standards set by federal, state or local authority; preventing damage from erosion, turbidity, or siltation; preventing loss of fish and other beneficial aquatic organisms, wildlife and vegetation and the destruction of the natural habitats thereof; deterring and inhibiting the danger of flood and pollution; protecting the quality of wetlands and water courses for their conservation, economic, aesthetic, recreational and other public and private uses and values; and protecting Orange's potable fresh water supplies from the dangers of drought, overdraft, pollution, misuse and mismanagement by providing an orderly process to balance the need for the economic growth of Orange and the use of its land with the need to protect its environment and ecology in order to guarantee forever for the people of Orange the safety of such natural resources for their benefit and enjoyment and for the benefit and enjoyment of generations yet unborn.

§ 81-2. Commission established; membership; terms; removal.

[Amended 3-12-2008]
A. 
In order to effectuate the foregoing objectives, an Inland Wetlands and Water Courses Commission shall be established, consisting of seven members appointed by the First Selectman. Minority representation on the Commission shall be in conformity with the provisions of Section 9-167a of the Connecticut General Statutes (Rev. 1958). The terms of the seven members of the Commission shall be divided into two classes. The First Selectman shall appoint three members to serve for a period to end 30 days following the biennial Town election in 2009 and four members to serve for a period to end 30 days following the biennial Town election of 2011. At the expiration of the initial term of office of each Commission member, his or her successor shall be appointed to serve a period of four years.
B. 
Vacancies on the Commission shall be filled by the First Selectman.
C. 
Any removal of members from the Commission shall be in accordance with the provisions of the Orange Town Charter or applicable law.

§ 81-3. Commission authorized to promulgate regulations.

The Inland Wetlands and Water Courses Commission is authorized to promulgate such regulations, in conformity with regulations promulgated by the State of Connecticut Commissioner of Environmental Protection, as are necessary to protect the wetlands and water courses within the territorial limits of the Town of Orange. Such regulations shall be adopted and promulgated in accordance with the procedures set forth in said Public Act No. 155, as amended.

§ 81-4. Permit procedures.

On or after the effective date of the regulations promulgated pursuant to § 81-3 of this chapter, no regulated activity shall be conducted upon a defined inland wetlands area or water course without a permit from the Inland Wetlands and Water Courses Commission. Procedures for permit application, issuance and appeal from any such action, shall be in accordance with the procedures set forth in said Public Act No. 155, as amended.

§ 81-5. Powers and duties.

In exercising the authority granted herein, the Inland Wetlands and Water Courses Commission shall:
A. 
Develop comprehensive programs in furtherance of the purposes of this chapter.
B. 
Advise, consult and cooperate with other agencies of the municipality, the region, and the state and federal governments, and with other states, persons or municipalities, as is necessary to further the purposes of this chapter; to this end, all applications for building permits, subdivision plans or other permits which involve or may involve regulated activities in an inland wetlands area or water course, made to any other board, commission, or official of the Town of Orange, shall be subject to review by the Inland Wetlands and Water Courses Commission. If it is determined by the Inland Wetlands and Water Courses Commission that said application does in fact involve regulated activities within an inland wetlands area or water course, the Commission shall either grant or withhold approval of the application in accordance with its regulatory powers set forth herein.
C. 
Encourage, participate in or conduct studies, investigations, research and demonstrations, and collect and disseminate information relating to the purposes of the chapter.
D. 
Retain and employ consultants and assistants on a contract or other basis as needed, in accordance with the normal budgetary procedures followed by the Town of Orange, for the purpose of rendering legal, financial, technical and other assistance and advice to further any of its purposes, specifically including but not limited to soil scientists of the United States Soil Conservation Service for the purpose of making on-site interpretations, evaluations and findings as to soil types, and the utilization of services of such other town officials and employees as the Commission may deem appropriate.
E. 
Inventory or index the inland wetlands and water courses in such form, including pictorial representations, and list of plant species, as the Inland Wetlands and Water Courses Commission deems best suited to effectuate the purposes of this chapter.
F. 
Exercise all incidental powers necessary to enforce its regulations and to carry out the purposes of the chapter including, if it is deemed necessary, and if approved under the normal budgetary procedures followed by the Town of Orange, the designation of a compliance officer or administrator.

§ 81-6. Appropriation of funds.

To implement the purposes set forth in this chapter, the town, in accordance with the normal budgetary procedures followed by it, may appropriate funds to the Inland Wetlands and Water Courses Commission.

§ 81-7. Penalties for offenses.

Any person violating this chapter or the regulations promulgated thereunder, shall be subject to the remedies and penalties provided by said Public Act No 155, as amended.

Chapter 83. Intermunicipal Agreements

[HISTORY: Adopted by the Town of Orange as indicated in article histories. Amendments noted where applicable.]

Article I. Regional High School

[Adopted by the Special Town Election 12-20-1952]

§ 83-1. Establishment of regional school district.

The Town of Orange shall join with the following named towns, Woodbridge and Bethany, in the establishment of a regional school district for the purpose of providing the necessary facilities and administering grades 7 to 12 of the public schools.

Article II. Amity Regional School Board

[Adopted by the Board of Selectmen 5-15-1979]

§ 83-2. Appointment of delegation.

During such period of time as the Town of Orange participates in Regional School District No. 5 under the September 25, 1978, representation plan, the seven-person Orange delegation called for by that plan shall be chosen in accordance with the minority representation principles set forth in § 9-167a of the Connecticut General Statutes.

§ 83-3. Election procedure.

In order to achieve the results required by § 83-2 above, at each election for Orange Amity School Board members, political parties may nominate and present on the ballot candidates for as many places as there are to be filled in the election. However, in reviewing the election results and determining the winner or winners, the Town Clerk shall proceed in accordance with the principles of § 9-167a of the General Statutes, to assure that not more than the maximum number of candidates of one political party allowed by § 9-167a are declared elected and allowed to serve.

§ 83-4. When effective.

This article shall be effective as of the 21st day after its publication in accordance with Section 3.4 of the Orange Charter and shall remain in effect until the sooner of the following:
A. 
This article is amended or repealed; or
B. 
Orange ceases to participate in the Regional School District under the September 25, 1978, representation plan.

Article III. Municipal Animal Control Agreement

[Adopted by the Board of Selectmen 6-8-2011[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III, Regional Dog Pound, adopted 2-24-1965.

§ 83-5. Intermunicipal agreement for animal control.

A. 
Adoption of multi-town agreement. Pursuant to Connecticut General Statutes Section 7-148cc, the Town of Orange, acting by and through the Board of Selectmen, adopts the following multi-town agreement:
MUNICIPAL ANIMAL CONTROL AGREEMENT
Attached hereto and made a part hereof.[1]
[1]
Editor's Note: The agreement is on file in the Town offices.
B. 
Savings clause. The enactment of this article shall not operate as an abatement of any action or proceeding previously taken, now pending, or taken prior to the effective date of this article. All said actions and proceedings are hereby ratified to be continued.
C. 
Severability. All provisions of the Town Code in conflict herewith are hereby repealed and that if for any reason, any word, clause, paragraph or section of this article shall be held to make the same unconstitutional, this article shall not hereby be invalidated and the remainder of the article shall continue in effect.
D. 
Effective date. This article shall become effective on July 1, 2011.

Article IV. Preservation of Open Space

[Adopted by the Special Town Meeting 2-24-1965]

§ 83-6. Authority to enter into open space agreement.

The Selectmen and/or the Conservation Commission are authorized to enter into a Memorandum of Agreement Relating to the Planning and Preservation of Open Space in the South Central Region of Connecticut.

Chapter 86. Justices of the Peace

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 4-2-1996. Amendments noted where applicable.]

§ 86-1. Number of justices; nomination.

The Town of Orange pursuant to Section 9-183a and 9-183b of the Connecticut General Statutes elects to set the number of Justices of the Peace at 21. The political parties having the largest and second largest total number of enrolled party members in the state as determined by the latest enrollment records, in the office of the Secretary of the State, submitted in accordance with the provisions of Section 9-65 of the General Statutes, shall each be entitled to nominate 1/3 (seven) of the total number of Justices of the Peace in the town, and the remaining 1/3 (seven) may be nominated by the minor parties and/or unaffiliated voters of the town in accordance with Section 9-183a and 9-183b of the Connecticut General Statutes.

Chapter 91. Library

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 5-21-1974. Amendments noted where applicable.]

§ 91-1. Purpose.

The Orange Public Library Incorporated, which was created in 1955 as a non-stock corporation organized under the laws of the State of Connecticut, contemplates dissolution and has offered to transfer its total assets subject to its liabilities to the Town of Orange, to enable the town after the date of transfer to own and operate the public library. It is the purpose of this chapter to establish the requisite legal authority for the town to acquire, own and operate the public library and to create a Library Commission to manage the library at the direction of the Board of Selectmen.

§ 91-2. Acceptance of assets and liabilities.

The assets of the Orange Public Library Incorporated are accepted by the town effective as of the date of transfer. In consideration thereof, the town shall assume the liabilities of the Orange Public Library Incorporated as of the date of transfer.

§ 91-3. Library facilities.

On and after the date of transfer, there shall be a public library owned and operated by the town, with such suitable rooms or buildings as may be necessary for such library. Such library shall be for the use of the inhabitants of Orange under such regulations as the Board of Selectmen may prescribe.

§ 91-4. Library Commission established.

A. 
There is hereby established a Library Commission of the Town of Orange. The Library Commission is authorized to operate the public library, to administer its programs, and to manage its facilities, all at the direction of the Board of Selectmen. The Library Commission currently consists of 14 members with eight terms scheduled to terminate on December 3, 2015, and six terms scheduled to terminate on December 7, 2017. Currently, there are three vacancies which remain unfilled. Two of the vacancies relate to terms ending on December 3, 2015, and one vacancy relates to a term ending on December 7, 2017. Upon the passage of this section, the number of members on the Library Commission shall be reduced to 11 members, thereby immediately eliminating two commissioner positions with terms ending on December 3, 2015, and one commissioner position with a term ending on December 7, 2017. Thereafter, upon the expiration of the eight terms ending on December 3, 2015, the number of members on the Library Commission shall be reduced to nine members. At the expiration of the term of office of each Commission member, his or her successor shall be appointed by the First Selectman, subject to Section 3.8 of the Orange Charter, to serve a term of four years. Vacancies shall be filled in accordance with Section 4.4 of the Orange Charter. Minority representation of the Commission shall be in conformity with the provisions of Section 9-167a of the Connecticut General Statutes.
[Amended 12-10-2014]
B. 
The Library Commission of the Town of Orange is hereby renamed and to be forever known as Case Memorial Library Commission.
[Added 4-14-1999]

§ 91-5. Authority to effectuate acquisition.

The First Selectman is hereby authorized to take any and all action and execute any and all documents necessary to effectuate the acquisition of assets, assumption of liabilities, and undertaking of responsibility for management of the library as provided above.

Chapter 98. Nurse Association, Visiting

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 8-19-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Health Department, Board and Officials — See Ch. 70.

§ 98-1. Title.

The Orange Public Health Nursing Service is authorized to utilize the name "Orange Visiting Nurse Association" and it shall henceforth be known as the "Orange Visiting Nurse Association."

Chapter 100. Officers and Employees

[HISTORY: Adopted by the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 53.
Sexual harassment policy — See Ch. 118.

Article I. Assistant Town Clerks and Assistant Registrars of Vital Statistics

[Adopted by the Board of Selectmen 10-9-2002]

§ 100-1. Appointment and hiring.

Any Assistant Town Clerk or Assistant Registrar of Vital Statistics, including any vacancy in such office, shall be appointed and hired in accordance with the policies and procedures established by the Town of Orange for the hiring of employees who are not appointed or elected officials under the Charter, or under any ordinance of the Town of Orange.

Chapter 102. Police Department

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]

Article I. Transfer of Forfeited Property

[Adopted 8-19-1986]

§ 102-1. Authority and procedure.

Beginning with the effective date thereof, when the Police Department of the Town of Orange directly participates in the acts which lead to the seizure and forfeiture of property used in violation of federal law and subject to forfeiture pursuant to federal law, the Police Department of the Town of Orange, through its Chief of Police or his authorized agent, is hereby authorized to apply to the United States Department of Justice for the custody or ownership of such forfeited property and for the proceeds of sales arising therefrom. All such property transferred to the Police Department of the Town of Orange must be utilized in accordance with federal regulations which require that all such forfeited property, including tangible property and cash, be used for law enforcement purposes. Funds received pursuant to the transfer of such forfeited property shall be deposited into the General Fund of the Town of Orange to be appropriated by the Town of Orange in accordance herewith. The Town Counsel of the Town of Orange is authorized to cooperate with the Police Department of the Town of Orange in preparing and filing the necessary forms with the United States Department of Justice to carry out the purposes of this article. In compliance with federal regulations, all such forms requesting a transfer of forfeited property must be filed within 30 days following the seizure for forfeiture.

Chapter 114. Sanitarian

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange, effective 3-18-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Health Department, Board and Officials — See Ch. 70.

§ 114-1. Office created; powers and duties.

There is hereby created the appointive office of Sanitarian. The Sanitarian shall be appointed by the First Selectman to serve a term of two years in accordance with Sections 9.5 and 9.6 of the Charter of the Town of Orange. When requested to do so by the First Selectman, the Director of Health and, in turn, the Board of Health, shall make recommendations to the First Selectman for appointment of candidates for the position of Sanitarian. The Sanitarian shall be a duly registered Sanitarian of the State of Connecticut and shall enforce the Public Health Code of the State of Connecticut and all applicable town ordinances. The Sanitarian shall also perform such other duties as are prescribed by the First Selectman, Board of Health, or the Director of Health. The Sanitarian shall be under the direction of the Director of Health and serve as his/her agent at all times.

§ 114-2. Assistants.

Pursuant to Section 9.4 of the Orange Charter, the Sanitarian may engage such assistants as are approved by the Board of Selectmen and by the Director of Health. Such assistants shall have all of the powers delegated to them by the Sanitarian.

Chapter 118. Sexual Harassment Policy

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 4-13-1998. Amendments noted where applicable.]

§ 118-1. Declaration of policy.

It is the policy of the Town of Orange to maintain a working environment free from all forms of sexual harassment or intimidation. Sexual harassment, like all forms of prohibited discrimination, will not be sanctioned or tolerated, whether such sexual harassment is committed by supervisory or non-supervisory personnel. Examples of sexual harassment include unwelcome sexual advances; suggestive or lewd remarks; unwanted hugs, touches, kisses; requests for sexual favors; retaliation for complaining about sexual harassment; and derogatory or pornographic posters, cartoons or drawings. These are all serious violations of our policy and will not be condoned or permitted. Not only is sexual harassment a violation of our policy, but it may also violate Title VII of the Civil Rights Act and The Connecticut Discriminatory Employment Practices Act. The violator may also be sued and subjected to personal damages.

§ 118-2. Procedure.

Any employee who is subjected to sexual harassment or intimidation should immediately contact his/her supervisor. In the event the complaint is filed against the supervisor, the immediate contact should be the designated sexual harassment contact person: Carol Flynn, Community Services Department. In lieu of these two options, any employee may contact the First Selectman. All complaints of sexual harassment will be promptly and confidentially investigated in accordance with this procedure:
A. 
All complaints of sexual harassment will be treated with confidentiality (to the full extent feasible).
B. 
The town will not tolerate the retaliation by any supervisor or employee against any complaining employee or corroborating witness.
C. 
If the complaint is not resolved to the satisfaction of the employee by his or her supervisor, he or she should contact the designated sexual harassment contact person, or the First Selectman.
D. 
Any employee may omit discussing a complaint with the supervisor if he or she feels it is inappropriate and may go directly to the designated sexual harassment contact person, or the First Selectman.
E. 
Any employee may bypass any step in this procedure which requires discussions between the employee and the individual accused of harassment. Any employee who, due to the sensitive nature of the information to be communicated, is reluctant to follow the procedure set forth above may bring the matter directly to the attention of the designated sexual harassment contact person, or the First Selectman.
F. 
If an employee complaint involves alleged sexual harassment by the First Selectman, that employee may contact the town's Personnel Chairman.

§ 118-3. Disciplinary action.

Where violations of town standards may be found, including false statements or accusations, they will be dealt with fairly, but firmly, through appropriate disciplinary action which may include termination of employment.

Chapter 122. Special Events Committee

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 10-14-1998; amended in its entirety 11-9-2000. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 53.

§ 122-1. Committee established; responsibilities.

There shall be a Special Events Committee to remain in existence until dissolved by the Board of Selectmen. The Special Events Committee shall be responsible for the organization, supervision and administration of all special events sponsored and authorized by the Town of Orange and assigned to it by the Board of Selectmen in connection with any special events within the Town of Orange.

§ 122-2. Appointment of members; terms.

The Special Events Committee shall consist of 11 members to be appointed in accordance with Town Charter. Those members as of the date following the adoption of this chapter and appointed prior to the 2002 biennial election shall remain members until 30 days after the 2002 biennial election. Thereafter, five members will have terms that expire 30 days following the election in 2003 and six members will have terms that expire 30 days following the election in 2005. As such terms expire, members will be appointed or reappointed for terms of four years.

§ 122-3. Applicability of certain ethics provisions.

The provisions of § 53-4C of Chapter 53, Ethics, Code of, shall not apply to the Special Events Committee.

Chapter 130. Town Deposit Fund

[HISTORY: Adopted by the Annual Town Meeting of the Town of Orange 3-4-1930. Amendments noted where applicable.]

§ 130-1. Fund established.

The town set aside the sum of $319.24 to be known and remain as the Town Deposit Fund, the same to be invested and the income therefrom used, as by law required, and the Selectmen of the town shall appoint an agent for the management of said fund until an agent for this purpose shall be properly elected by the electors of the town.

Chapter 135. Town Plan and Zoning Commission

[HISTORY: Adopted by the Town of Orange as indicated in article histories. Amendments noted where applicable.]

Article I. Adoption of State Provisions

[Adopted by the Annual Meeting 10-7-1947]

§ 135-1. Zoning Enabling Act adopted; conflict with other provisions.

The Town of Orange, in regular annual meeting assembled, upon due and proper notice having been given in the call for said meeting, votes and hereby does adopt the provisions of Public Act 418 of the 1947 Connecticut General Assembly entitled "Zoning Enabling Act" to the extent and insofar as said Public Act shall not be inconsistent with the provisions of Special Act of the 1943 Connecticut General Assembly entitled "An Act Creating a Town Plan and Zoning Commission in the Town of Orange."

Article II. Alternate Members

[Adopted by the Board of Selectmen 11-19-1985]

§ 135-2. Appointment and terms.

The First Selectman of the Town of Orange shall appoint in accordance with Section 4.4 of the Orange Charter three alternate members to the Town Plan and Zoning Commission in accordance with Section 8-1b of the Connecticut General Statutes. The First Selectman shall set the terms of office.

§ 135-3. Political party membership.

In accordance with Section 9-167a of the Connecticut General Statutes, no more than two of the three alternate members of the Town Plan and Zoning Commission may be members of the same political party.

Chapter 138. Town Seal

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 6-11-1997. Amendments noted where applicable.]

§ 138-1. Revised Seal adopted.

The Town of Orange shall adopt a revised Town Seal pursuant to Sections 7-101 and 7-148 of the General Statutes, as amended. Said Seal will be an oval shape. The center area will depict a silhouette of a team of oxen and plowman with date "1822" below it. The edge of the Seal will read "ORANGE CONNECTICUT TOWN SEAL."

Part II, General Legislation

Chapter 160. Adult-Oriented Establishments

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 8-6-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 383.

§ 160-1. Policy statement.

A. 
There may be "adult-oriented establishments" located in the Town of Orange ("town") which will require special supervision from the town public safety agencies in order to protect and preserve the health, safety and welfare of the patrons of such establishments, as well as the health, safety and town's welfare of the town's citizens. This is so because such businesses may and do generate secondary effects which are detrimental to neighborhoods.
B. 
Statistics and studies performed by a substantial number of cities and towns in the United States indicate that:
(1) 
Large numbers of persons frequent such "adult-oriented establishments," especially those which provide closed booths, cubicles, studios and rooms for private viewing of so-called "adult" motion pictures and/or video tapes and/or live entertainment; and
(2) 
Such closed booths, cubicles, studios and rooms have been used by patrons, clients or customers of such "adult-oriented establishments" for the purpose of engaging in certain sexual acts; and
(3) 
Male and female prostitutes have been known to frequent such establishments in order to provide sex for hire to the patrons, clients or customers of such establishments within such booths, cubicles and rooms; and
(4) 
Doors, curtains, blinds and/or other closures installed in or on the entrances and/or exits of such booths, cubicles, studios, and rooms which are closed while such booths, cubicles, studios and rooms are in use encourage patrons using such booths, cubicles, studios and rooms to engage in sexual acts therein with prostitutes or others, thereby promoting and encouraging prostitution and the commission of sexual acts which cause blood, semen and urine to be deposited on the floors and/or walls of such booths, cubicles, studios and rooms, which deposits could prove detrimental to the health and safety of other persons who may come into contact with such deposits; and
(5) 
The reasonable regulation and supervision of such "adult-oriented establishments" tends to discourage such sexual acts and prostitution, and thereby promotes the health, safety and welfare of the patrons, clients and customers of such establishments.
C. 
The continued unregulated operation of "adult-oriented establishments" including, without limitation, those specifically cited at Subsection A of this section, is and would be detrimental to the general welfare, health and safety of the citizens of the town.
D. 
The Constitution and laws of the State of Connecticut grant to the town powers, and in particular, police power, to enact reasonable legislation and measures to regulate and supervise "adult-oriented establishments" as hereinafter defined in order to protect the public health, safety and welfare.
E. 
It is not the intent of the Board, in enacting this chapter, to deny to any person rights to speech protected by the United States and/or State Constitutions, nor is it the intent of the Board to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, video tapes, books and/or other materials.
F. 
Further, by enacting this chapter, the Board does not intend to deny or restrict the rights of any adult to obtain and/or view any sexually oriented materials protected by the United States and/or State Constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute or exhibit such materials.

§ 160-2. Definitions.

For the purpose of this chapter, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:
ADULT ENTERTAINMENT
Any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which as a significant or substantial portion of such performance any actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified anatomical areas," removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal services offered customers.
ADULT MEDIA OUTLET
A business engaging in the barter, rental or sale of items consisting of books, magazines, periodicals, other printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films or other media, if such business is open to the public, patrons or members; or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." For the purposes of this definition, factors indicating that a "substantial or significant" portion of a business is devoted to the sale or rental of such items include without limitation any one or more of the following criteria:
A. 
Thirty-five percent or more of all inventory consists of such items at any time;
B. 
Thirty-five percent or more of the merchandise displayed for sale consists of such items at any time;
C. 
Thirty-five percent or more of the stock in trade consists of such items at any time;
D. 
Thirty-five percent or more of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) is devoted to such items at any time;
E. 
Thirty-five percent or more of the sales, measured in dollars over any consecutive ninety-day period, is derived from such items.
F. 
Thirty-five percent or more of the number of sales transactions, measured over any consecutive ninety-day period, is of such items;
G. 
Thirty-five percent or more of the dollar value of all merchandise displayed at any time is attributable to such items.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons therein.
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas," as defined below, for observation by patrons therein.
ADULT NEWSRACK
Any coin or card operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT-ORIENTED ESTABLISHMENT
Includes, without limitation, "adult media outlet," "adult motion picture theaters," "adult mini-motion picture theaters," "adult newsracks" and "adult retail establishments" and further means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or any premises wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. An "adult-oriented establishment" further includes, without limitation, any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, or any other term of like import.
ADULT RETAIL ESTABLISHMENT
A business which offers for sale or rent instruments, devices, gifts or paraphernalia which are designed or marketed for use in connection with "specified sexual activities," clothing that graphically depicts "specified anatomical areas" or any of the materials sold or rented in an "adult media outlet" as defined above, if a substantial or significant portion of such items are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." For purposes of this definition, a "substantial or significant" portion of a business shall be determined by reference to the factors, without limitation, set forth in the definition of "adult media outlet." In determining whether an item is "designed or marketed for use" in connection with specified sexual activities, the following guidelines may be considered:
A. 
Expert testimony as to the principal use of the item;
B. 
Evidence concerning the total business of a person or business establishment and the type of merchandise involved in the business;
C. 
National and local advertising concerning the use of the item;
D. 
Evidence of advertising concerning the nature of the business establishment;
E. 
Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
F. 
The physical or structural characteristics of the item;
G. 
The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
BOARD
The Board of Selectmen of the Town of Orange, Connecticut.
CHIEF OF POLICE
The Chief of Police of the town or his designated agent.
EMPLOYEE
Any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented establishment as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or as an independent contractor.
INSPECTOR
An employee of the Town Police Department, Health Department, Fire Department, including the Fire Marshal, Building Department, the Zoning Enforcement Officer and/or any other town employee designated by the Chief of Police, who shall hereby be authorized to inspect premises regulated under this chapter and to take the required actions authorized by this chapter in case of violations being found on such premises, and to require corrections of unsatisfactory conditions found on said premises.
MINOR
A person under the age of 18 years.
OPERATOR
Any person, or any proprietor, shareholder, general partner or limited partner who holds 20% or more of the shares or partnership interest of any business which is operating, conducting, owning or maintaining an adult-oriented establishment.
SEXUAL ACTIVITY
Not intended to include any medical publications or films or bona fide educational publication or films, nor does it include any art or photography publications which denote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or semi-nude persons in connection with the dissemination of the news. Nor does this definition apply to publications or films which describe and report different cultures and which, from time to time, publish or show photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nude is indigenous to the population.
A. 
Less than completely and opaquely covered:
(1) 
Human genitals, pubic region;
(2) 
Buttocks;
(3) 
Female breasts below a point immediately above the top of the areola; and
B. 
Human male genitals in a discernibly turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Sex acts, actual or simulated, of human masturbation, sexual intercourse, or sodomy;
C. 
Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT-ORIENTED ESTABLISHMENT
Includes any of the following:
A. 
The sale, lease, or sublease of the business;
B. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
C. 
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing ownership or control.

§ 160-3. Requirements for adult-oriented establishments.

A. 
Responsibilities of the operator:
(1) 
Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(2) 
An operator of an adult-oriented establishment shall be responsible for the conduct of all employees while on the premises of such establishment, and any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this chapter.
(3) 
No operator or employee of an adult-oriented establishment shall allow or permit any minor or intoxicated person to loiter in any part of such establishment including parking lots immediately adjacent to such establishment used by patrons of such adult-oriented establishment.
(4) 
Every adult-oriented establishment business in the town on or after September 1, 1996, shall be well-lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls, wherein adult entertainment is provided, shall be clearly visible from the common areas of the premises and visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. On the effective date of this chapter, it shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult-oriented establishments for the purpose of providing secluded viewing of adult-oriented motion pictures, or other types of adult-oriented entertainment.
(5) 
The operator of each adult-oriented establishment shall be responsible for and shall provide that any room or other area used for the purpose of viewing adult-oriented motion pictures or other types of live adult entertainment shall be well-lighted and readily accessible at all times and shall be continuously open to view in its entirety. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle as measured at the floor level. It shall be the duty of the operator and its employees to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(6) 
The operator shall insure compliance of the adult-oriented establishment and its patrons with the provisions of this chapter.
B. 
Inspections. An operator or an applicant for a license to operate an adult-oriented establishment shall permit representatives of the Police Department, Health Department, Fire Department, Building Department and/or any other inspector as defined in § 160-2 of this chapter, to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law, at all reasonable times.

§ 160-4. License required.

The operator of each adult-oriented establishment shall be responsible for and shall acquire a license from the town in the following manner:
A. 
The operator(s) as defined in § 160-2 above of each adult-oriented establishment shall submit an application to the Chief of Police, upon a form to be provided by the Chief of Police. Within 90 days after receipt of a completed application for an adult-oriented business license, the Chief of Police shall mail to the applicant a license or a notice of intent to deny. If he fails to do so, the license shall be deemed granted. The application shall be deemed complete when the Chief of Police has received the fees, all information required in § 160-5 below, photograph and fingerprints of the applicant and, in the case of a corporation or other business organization, photographs and fingerprints of all persons for whom information is required under § 160-5 of this chapter.
B. 
The premises must be inspected by the Town Health Department, Fire Department, Building Department and Zoning Enforcement Officer within 60 days of receipt of the complete application. If the premises are in compliance with state and local health, fire and building codes and zoning regulations, a license shall be issued within 90 days of receipt of the complete application unless the applicant is deemed unqualified.
C. 
An applicant shall be unqualified if one or more of the following is true:
(1) 
An applicant is under 18 years of age;
(2) 
An applicant is overdue in payment to the town of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to an adult-oriented business;
(3) 
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(4) 
An applicant has violated a provision of this chapter within two years immediately preceding the application;
(5) 
The premises to be used for the adult-oriented business have not been approved by the Town Health Department, Fire Department and Building Department as being in compliance with applicable laws, ordinances and regulations, within 60 days of the filing of the application;
(6) 
An applicant is in violation of Chapter 383, Zoning;
(7) 
The license fee required by § 160-6 of this chapter has not been paid at the time the application was filed with the Chief of Police;
(8) 
An applicant has been employed in an adult-oriented establishment in a managerial capacity within the preceding 36 months and knowingly:
(a) 
Permitted alcoholic liquor or cereal malt beverages to be illegally brought or consumed upon the premises;
(b) 
Permitted the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;
(c) 
Permitted any person under the age of 18 to be in or upon the premises of an adult entertainment business; or
(d) 
Permitted any act of prostitution or patronizing prostitution as defined under state law on the premises.
(9) 
An applicant has been convicted of or has plead nolo contendere to a felony within five years immediately preceding the application or has been convicted of or plead nolo contendere within two years immediately preceding the application where such misdemeanor involved sexual assaults or batteries, prostitution, indecent exposure, sexual abuse of a child, child pornography or sale or distribution of controlled substances or illegal drugs or narcotics.
D. 
If an applicant is deemed unqualified said rejection shall be in writing and shall specifically state the evidence presented and reason for rejection and shall be sent to the applicant by registered mail as further provided in § 160-12 of this chapter.
E. 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult-oriented business. The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that it may be easily read at any time.

§ 160-5. License application information required.

A. 
The application shall include the information called for in Subsection A(1) through (9) below. If the applicant is an enterprise, it shall designate an officer or partner as applicant. In such case, in addition to the information in Subsection A(1) through (9) below, the application shall state the date of formation of the organization and the information called for in Subsection A(2) through (6) of this section with respect to each officer, director, general partner and all other persons with authority to participate directly and regularly in management of the business, but such information need not be provided with respect to attorneys, accountants and other persons whose primary function is to provide professional assistance to the licensee.
(1) 
The name, business location, business mailing address and phone number of the proposed adult-oriented business establishment.
(2) 
The full true name and any other names, aliases or stage names used in the preceding five years.
(3) 
Current residential mailing address and telephone number.
(4) 
Written proof of age, in the form of a birth certificate, current driver's license with picture, or other picture identification document issued by a governmental agency.
(5) 
The issuing jurisdiction and the effective dates of any license or permit relating to an adult-oriented business or adult service, whether any such license or permit has been revoked or suspended, and, if so, the reason or reasons therefor.
(6) 
All criminal charges, complaints or indictments in the preceding five years which resulted in a conviction or a plea of guilty or nolo contendere.
(7) 
The name and address of the statutory agent or other agent authorized to receive service of process.
(8) 
The name(s) of the adult-oriented business manager(s) who will have actual supervisory authority over the operations of the business.
(9) 
An accurate, to scale, but not necessarily professionally drawn, floor plan of the business premises clearly indicating the location of one or more manager's stations.
B. 
The information provided pursuant to Subsection A (5) and (6) shall be supplemented in writing by certified mail to the Chief of Police within 10 working days of a change of circumstances which would render information originally submitted false or incomplete.

§ 160-6. Application fee.

A license fee of $1,500 shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.

§ 160-7. Renewal of license; fees.

A. 
Each license shall expire one year from the date of issuance and may be renewed annually by making application as provided in § 160-5 of this chapter. Application for renewal shall be made at least 30 days before the expiration date, to allow town officials to review the application in a timely manner. However, when an application for renewal is made less than 90 days before the expiration date, the expiration of the license will not be affected.
B. 
An annual license renewal fee of $750 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100 shall be assessed against the applicant who files for renewal less than 90 days before the license expires. If the application for renewal is denied, 1/2 of the total fees collected shall be returned.
C. 
No adult-oriented establishment shall operate if its license expires by lapse of time.

§ 160-8. Suspension.

The Chief of Police shall suspend a license for a period not to exceed 30 days if he determines that an operator or an employee of an operator has violated any part of this chapter or violated any state statute regarding the subject establishment.

§ 160-9. Revocation.

A. 
The Chief of Police shall revoke a license if a cause of suspension in this § 160-9 occurs and the license has been suspended within the preceding 12 months.
B. 
The Chief of Police shall revoke a license if he determines that:
(1) 
An operator gave false or misleading information in the material submitted during the application process;
(2) 
An operator or an employee of an operator has knowingly allowed possession, use or sale of controlled substances on the premises of the adult-oriented business;
(3) 
An operator or an employee of an operator has knowingly allowed or promoted prostitution on the premises of the adult-oriented business;
(4) 
An operator or an employee of an operator has knowingly operated the adult-oriented establishment during a period of time when the operator's license was suspended;
(5) 
An operator or an employee of an operator has knowingly allowed or, as a result of his or her negligent failure to supervise, has allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the premises of the adult-oriented establishment; or
(6) 
An operator is convicted or pleads guilty or nolo contendere to an offense stated in § 160-4C(9) above.
C. 
Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation.

§ 160-10. Penalties for offenses.

A. 
Any person, partnership or corporation who is found to have violated this chapter shall be fined a definite sum not exceeding $90 for each such violation.
B. 
Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one hour of time shall be considered a separate offense for each hour of violation.

§ 160-11. Transfer of license.

A. 
An operator shall not transfer his or her license to another, nor shall an operator operate an adult-oriented establishment under the authority of a license at any place other than the address designated in the application.
B. 
The transfer of a license or any interest in a license shall automatically and immediately revoke the license.

§ 160-12. Appeal.

If the Chief of Police denies the issuance of a license, or suspends or revokes a license, he shall, within 10 days of his decision, send to the applicant or operator at the address listed on the application, by certified mail, return receipt requested, written notice of his decision and further shall specifically state the evidence presented, the reason for the decision, and the right to an appeal. The aggrieved party may appeal the decision to the Board of Police Commissioners within 30 days of receipt of the notice. The Board must render a decision within 45 days of receipt of the appeal. The aggrieved party may file an appeal from the Board of Police Commissioners directly to the Superior Court for the Judicial District of Ansonia-Milford within 15 days of issuance of notice of denial of the appeal from the Board of Police Commissioners. The filing of an appeal stays the action of the town in suspending or revoking a license until the Board of Police Commissioners or Superior Court makes a final decision. Nothing in this paragraph shall prevent the town from proceeding with an injunction action pursuant to § 160-13 hereof.

§ 160-13. Injunction.

A person who operates or causes to be operated an adult-oriented business without a valid license is subject to a suit for injunction.

Chapter 164. Air Pollution

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 11-20-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 190.

§ 164-1. Declaration of policy.

It is hereby declared that the public policy of the Town of Orange be to preserve, protect and improve the air resources of the Town of Orange, so as to promote health, safety, comfort and welfare, to prevent injury or detriment to human health, plant and animal life and property, and to foster the comfort and convenience of the town's inhabitants.

§ 164-2. General prohibition of air pollution.

No person shall permit or cause air pollution within the Town of Orange. All applicable standards and requirements are set forth herein and in the Regulations of the Connecticut State Department of Environmental Protection entitled "Abatement of Air Pollution," Sections 22a-174-1 through 22a-174-200, in effect as of the effective date of this chapter and as may be amended from time to time (hereinafter referred to as the "Regulations") which Regulations are incorporated by reference as if fully set forth herein. Except in the case of open burning, defined in § 164-3 and referred to in § 164-4 herein, compliance with any permit requirements of said Regulations shall constitute compliance with permit requirements of this chapter.

§ 164-3. Definitions.

All definitions are set forth in Section 22a-174-1, formerly Section 19-508-1, of the Regulations. Such definitions currently include but are not limited to the following:
AIR POLLUTANT
Dust, fumes, mist, smoke, other particulate matter, vapor, gas, aerosol, odorous substances, or any combination thereof, but does not include carbon dioxide, uncombined water vapor or water droplets, or molecular oxygen or nitrogen.
AIR POLLUTION
The presence in the outdoor atmosphere of one or more air pollutants or any combination thereof in such quantities and of such characteristics and duration as to be, or be likely to be, injurious to public welfare, to the health of human, plant or animal life, or to property, or as unreasonably to interfere with the enjoyment of life and property.
OPEN BURNING
The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack or flue.
PERSON
Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or this state, any other state, the United States, or political subdivision or agency thereof or any legal successor, representative, agent, or any agency of the foregoing.

§ 164-4. Control of open burning.

This section is to be an aid of enforcement of Section 22a-174-17, formerly Section 19-508-1917, of the Regulations. No person shall engage in open burning within Orange without an open burning certificate obtained pursuant to said section of the Regulations. This chapter does not revoke or replace Chapter 190, Burning, Outdoor, which may require an additional permit. In the event of a conflict between any provision of this chapter and said Chapter 190, Burning, Outdoor, the provision which established the higher standard shall prevail.

§ 164-5. Establishment of air pollution control in Department of Health.

The Director of Health, in addition to any power vested in him or her by law, shall have and may exercise the following powers and duties, all of which powers, except those contained in Subsection I, may be exercised in the name of the Director of Health by the Town Sanitarian:
A. 
Develop a program for the prevention and control of air pollution in the Town of Orange;
B. 
Investigate air pollution complaints and notify the appropriate state enforcement agencies of Regulation violations;
C. 
Enter at reasonable times upon any public property and, with consent, upon any private property, except that under exigent circumstances consent shall not be required, for the purpose of investigating conditions he or she reasonably believes may be a source of air pollution; apply to any court having criminal jurisdiction over any building or place for a warrant to inspect such premises to determine compliance with the Regulations or to investigate conditions he or she reasonably believes may be a source of air pollution;
D. 
When appropriate, enforce compliance with this chapter, Chapter 446c of the Connecticut General Statutes, Sections 22a-174-1 through 22a-174-200 of the Regulations, and any other such regulations as may be promulgated by the Commissioner of Environmental Protection concerning abatement of air pollution;
E. 
Advise, consult and cooperate with other agencies in the town, political subdivisions of the state, industries, agencies of the State of Connecticut, the federal government and affected groups and persons in furtherance of the purposes of this chapter;
F. 
Collect and disseminate information relating to air pollution and conservation of the air resources;
G. 
Represent the Town of Orange in any and all matters relating to air pollution;
H. 
Engage in all other activities as may be necessary to carry out this chapter and to aid in enforcing regulations promulgated by the Connecticut Commissioner of Environmental Protection;
I. 
Supervise the Town Sanitarian who shall, in the name of the Director of Health, make such inspections and investigations, prepare such reports and perform such other duties as are required to carry out the purpose of this chapter or to aid in the enforcement of the Regulations.

§ 164-6. Enforcement; penalties for offenses.

A. 
No person shall in any manner hinder, obstruct, delay, resist, prevent or interfere or attempt to interfere with the Director of Health, Sanitarian, or any individual authorized by the Director of Health, in the performance of any duty provided herein.
B. 
Any person owning, operating, or in charge of or in control of any equipment or property who shall cause or permit or participate in any violation of this chapter, either as a proprietor, contractor, owner, lessee, tenant, manager, superintendent, constructor, installer, mechanic, repairman, foreman, janitor, engineer, fireman or otherwise, shall be individually and collectively liable for any penalties imposed by this chapter.
C. 
Any person who violates any provision of this chapter, Chapter 446c of the Connecticut General Statutes, or the Regulations, shall be fined not more than $50 for the first violation or not more than $100 for each subsequent violation. In the case of a continuing violation, each day's continuance thereof shall constitute a separate violation. Higher fines and/or other penalties may be imposed by appropriate state authorities pursuant to applicable sections of the Connecticut General Statutes.

Chapter 168. Alarm Systems

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]

Article I. Emergency Telephone Calls

[Adopted 11-18-1980]

§ 168-1. Authority to issue regulations.

The Chief of Police of the Town of Orange is hereby empowered to issue and amend, from time to time, reasonable regulations which may designate telephone numbers to be utilized by automatic calling and relaying devices, administer to the notice system contemplated by Public Act 80-5, and otherwise facilitate the control, classification and channeling of incoming recorded messages directed to the Orange Police Station.

Article II. Burglar Alarms

[Adopted 8-18-1981]

§ 168-2. Automatic shutoff required for new installations.

After the effective date of this article, no person, firm or corporation shall install or cause to be installed an audible burglar alarm system that does not include a device for automatically silencing the audible alarm portion of said system after it has sounded for 30 minutes.

§ 168-3. False alarms from existing systems.

If an audible burglar alarm system that is already installed as of the effective date of this article sounds a false alarm two times in a calendar year, the owner of the premises where said system is installed shall install or cause to be installed a device that automatically silences the audible alarm portion of said system after it has sounded for 30 minutes. Said installation of such device shall occur within 30 days following notification to the owner by the Police Department of the Town of Orange that said device shall be required pursuant to this article.

§ 168-4. Penalties for offenses.

Any person, firm or corporation who violates this article shall be fined not more than $100 for each such violation. Each day of maintaining an audible burglar alarm system in violation of this article shall constitute a separate violation.

Article III. False Alarms

[Adopted 10-8-1997]

§ 168-5. Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALARM SYSTEM
An assembly of equipment and/or devices arranged to signal the presence of a hazard requiring urgent attention and to which police or fire personnel are expected to respond. This includes, but is not limited to, all burglar alarms, fire alarms, smoke alarms, carbon monoxide alarms, hold-up alarms, telephone dialer alarms, premises alarms, or alarms on motor vehicles.
FALSE ALARM
Accidental or unintentional activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system. Alarms caused by hurricanes, tornadoes, earthquakes, other infrequent violent conditions, or acts of God, shall not be considered false alarms.

§ 168-6. Maintenance and upkeep; alarms permissible without penalty.

A. 
All persons, firms, or corporations are solely responsible for the maintenance and upkeep of any alarm system located on their premises.
B. 
A maximum of three false alarms shall be allowed from any alarm system of any person, firm, or corporation without penalty during any fiscal year (July 1 - June 30).

§ 168-7. Violations; penalties for offenses.

A. 
The Orange Police Services shall maintain records of the number of false alarms and violations of § 168-6B.
B. 
Any person, firm or corporation found to be in violation of § 168-6B shall be fined $50 upon receipt of the fourth and subsequent alarms thereafter within any fiscal year (July 1 - June 30).
C. 
Fines as described in Subsection B which are not paid within 30 days may be subject to additional fees and/or administrative costs.

§ 168-8. Appeals.

Any appeals to any part of this article may be made to the Chief of Police. The Chief of Police may consult with the Fire Chief.

Chapter 172. Alcoholic Beverages

[HISTORY: Adopted by the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dance halls and other public entertainment — See Ch. 204.
Food-handling establishments — See Ch. 227.
Nightclubs — See Ch. 289.
Use of public property — See Ch. 307.

Article I. Sale of Alcoholic Beverages in Restaurants and Clubs

[Adopted by the Special Town Meeting 7-13-1937]

§ 172-1. Authority to serve alcohol with meals.

The sale of alcoholic liquor shall be allowed in hotels, restaurants and clubs, with meals, as permitted under the General Statutes.

Article II. Sunday Hours for Sale of Alcoholic Beverages

[Adopted by the Board of Selectmen 11-17-1981]

§ 172-2. Hours and locations enumerated.

The sale of alcoholic liquor is allowed between the hours of 12:00 noon on Sunday and 1:00 a.m. on Monday in hotels, restaurants, cafes, bowling establishments, clubs, golf country clubs, and places operating under charitable organization permits, a university permit, a coliseum permit, coliseum concession permit, a special sporting facility restaurant permit, a special sporting facility employee recreational permit, a special sporting facility guest permit, a special sporting facility concession permit or a special sporting facility bar permit.

Article III. Possession by Minors

[Adopted by the Board of Selectmen 10-9-2002]

§ 172-3. Findings.

A. 
The possession and consumption of alcoholic liquor by minors is a matter of a growing local, regional and national concern.
B. 
Consumption of alcohol by minors unsupervised by parental authority creates a health and safety risk not only to our children but also to the general public.
C. 
The Town of Orange seeks to protect, preserve or promote the health, safety, welfare and quality of life of its residents by regulating the possession of alcohol by those under the age of 21.

§ 172-4. Definitions.

As used in this article, the following terms shall have the meaning indicated:
ALCOHOLIC LIQUOR
Shall have the same meaning as the same term is defined in Title 30, Section 30-1, of the Connecticut General Statutes, as amended from time to time.
HOST
To organize a gathering of two or more persons, or to allow the premises under one's control to be used with one's knowledge, for a gathering of two or more persons for personal, social or business interaction.
MINOR
Shall have the same meaning as said term is defined in Title 30, Section 30-1, of the Connecticut General Statutes, as amended from time to time.
PERSON
Any individual, firm, partnership, association, syndicate, company, trust, corporation, limited-liability company, municipality, agency or political or administrative subdivision of the state or other legal entity of any kind.

§ 172-5. Possession restricted.

No minor shall be in possession of alcoholic liquors, whether in opened or closed containers or otherwise, within the Town of Orange except: when accompanied by or in the presence of his or her parent, guardian or spouse who has attained the age of 21; a person over age 18 who is an employee of a permit holder under Section 30-90a of the Connecticut General Statutes, or a permit holder under the Liquor Control Act and who possesses alcoholic liquor in the course of his employment or business; or a minor who possesses alcoholic liquor on the order of a practicing physician. This restriction shall apply to both public and private property.

§ 172-6. Sale or delivery of alcoholic liquor.

No person shall sell alcoholic liquor to a minor or deliver alcoholic liquor to a minor except: sale, shipment or delivery made to a person over age 18 who is an employee of a permit holder under Section 30-90a of the Connecticut General Statutes, or a permit holder under the Liquor Control Act of the State of Connecticut where such sale or delivery is made in the course of such person's employment or business; a sale or delivery made in good faith to a minor who practices any deceit in the procurement of an identity card, or exhibits an identity card belonging to any other person, or who uses or exhibits an identity card that has been altered or tampered with in any way; or delivery made to a minor by a parent, guardian or spouse of the minor who is 21 years of age, and provided such minor possesses such alcoholic liquor while accompanied by such parent, guardian or spouse.

§ 172-7. Hosting events.

No person shall host an event or gathering at which the host knowingly allows alcoholic liquor to be consumed by or dispensed to any minor unless said minor is accompanied by or in the presence of his or her parent, guardian, or spouse who has attained the age of 21. This restriction shall apply to any event or gathering within the Town of Orange, whether conducted on public or private property.

§ 172-8. Penalties for offenses.

Any person who violates any provision of this article shall be subject to arrest and prosecution by the proper authorities and shall be subject to a fine not to exceed $100 for each offense. Each violation of this article shall constitute a separate offense.

§ 172-9. Effective date.

This ordinance shall become effective on the 21st day after its publication in accordance with Section 3.4 of the Town Charter.

Chapter 175. Bamboo

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 3-11-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 305.
Trees — See Ch. 360.

§ 175-1. Purpose and intent.

The Town of Orange, through the Board of Selectmen, has determined that running bamboo, as defined herein, is a nuisance. The purpose of this chapter is to preserve and protect private and public property from the damaging spread of running bamboo grasses and to protect indigenous plants and the wildlife they support from the invasive spread of such bamboo.

§ 175-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUFFER ZONE
A distance of at least 100 feet from any abutting property or public or private right-of-way.
ENFORCEMENT OFFICER
The Zoning Enforcement Officer and/or the Inland Wetlands and Watercourses Enforcement Officer may enforce the provisions of this chapter.
NOTICE
Any written notice by, from or on behalf of the Town, notifying the running bamboo owner(s) that they are in violation of this chapter and directing them to cure or fix the violation. Such notice shall conform with § 195-8 of the Town Code and shall be sent by certified mail, return receipt requested, addressed to the owner(s) listed on the current tax address on file with the Town. A copy may also be posted on the property in question.
RECEIPT OF NOTICE
Receipt of the notice required herein shall be three days after the date of mailing of said notice, or, if applicable, posting of the notice on the property in question, whichever is earlier.
RUNNING BAMBOO
Any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata, including rhizomes.
RUNNING BAMBOO OWNER(S)
Any property owner(s) who, or which, have running bamboo planted in the ground on their property, even if the Bamboo has spread onto their property from an adjoining property.
TOWN
The Town of Orange, New Haven County, State of Connecticut.

§ 175-3. No planting of running bamboo.

A. 
Pursuant to Connecticut General Statutes § 7-148 (c) (7) (E), Running Bamboo is determined to be a nuisance, and the planting of running bamboo is prohibited in the Town.
B. 
Any existing running bamboo may not be replanted or replaced after any such existing running bamboo has died or been removed.
C. 
Any person who plants or replants running bamboo within the Town limits after the effective date of this chapter shall be in violation of this chapter and shall be subject to the penalties set forth herein.

§ 175-4. Regulation of and limitations on existing running bamboo.

A. 
Any running bamboo already in existence on any property within the Town limits as of the effective date of this chapter, may remain on such property, subject to the following regulation: running bamboo shall not be permitted to exist within any Buffer Zone.
B. 
Running bamboo owner(s) shall take all necessary measures to ensure that any running bamboo on their property does not exist within any Buffer Zone. Such measures shall include, but are not limited to, cutting down running bamboo existing in the Buffer Zone and physically removing or applying herbicide the rhizomes or spraying any regrowth for several years until the running bamboo is dead and, if the removal of the running bamboo is impracticable, then by installing a barrier of impenetrable material and placed no less than 25 feet from the property line at a sufficient depth to prevent any growth of running bamboo within any Buffer Zone.
C. 
No person shall cause running bamboo or the rhizomes of running bamboo to be deposited, discarded or otherwise placed into compost or mulch or disposed of at the Town Transfer Station.
D. 
This chapter shall not be deemed to alter any rights at common law, as provided by P.A. 13-82 or otherwise, that any property owner(s) may have to recover the cost of removal of running bamboo on their own property from another property owner from whose property the running bamboo has spread.

§ 175-5. Removal of running bamboo.

A. 
If running bamboo on any property grows in or into any Buffer Zone or if running bamboo is discovered to have been deposited, discarded or otherwise placed into compost or mulch, the Town, through its enforcement officer(s), shall give notice to the running bamboo owner(s), as required by this chapter, that the said owner(s) are responsible for the extermination or removal of such running bamboo from the Buffer Zone.
B. 
Any running bamboo owner(s) receiving notice under this chapter shall remove all running bamboo that is in violation of this chapter within 30 days of the receipt of notice, as defined herein.
C. 
In the event that any running bamboo owner does not remedy and correct the violations set forth in any notice issued by the enforcement officer, then the Town, in accordance with Connecticut General Statutes § 7-148(c)(7)(E), may, upon the action of the Board of Selectmen, abate and remove any running bamboo that is in violation of this chapter, take all reasonable action to eradicate its regrowth and restore any real property to its natural condition. The running bamboo owner(s) shall be liable to the Town for the costs of the abatement and removal of the running bamboo.

§ 175-6. Penalties for offenses.

Any property owner, whether a person, firm, corporation, or other legal entity, violating any of the provisions of this chapter shall be subject to the following penalties, upon conviction of such violation:
A. 
A fine in the amount of $250 shall be assessed for each day on which a noticed violation remains in existence beginning 30 days following the receipt of notice.
B. 
Each day on which the violation occurs shall constitute a separate offense under this chapter.

§ 175-7. Appeals.

Any property owner receiving notice under this chapter may contest his or her liability before a citation hearing officer in accordance with § 195-8 of the Town Code.

Chapter 177. Bazaars and Raffles

[HISTORY: Adopted by the Special Town Election of the Town of Orange 9-17-1955. Amendments noted where applicable.]
GENERAL REFERENCES
Pawnbrokers — See Ch. 298.
Peddling and soliciting — See Ch. 302.

§ 177-1. State provisions adopted.

The provisions of Public Act 409 of the 1955 General Assembly, an Act covering bazaars and raffles, are hereby adopted.

Chapter 183. Building Construction

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 223.
Subdivision regulations — See Ch. 382.
Zoning — See Ch. 383.

Article I. Building Codes

[Adopted as amended in its entirety 2-19-1985]

§ 183-1. Permit fee schedule.

A. 
In accordance with Section 117 of the Basic Building Code of the State of Connecticut, the following permit fee schedule is adopted by the Town of Orange. Such schedule applies to the value of proposed work with respect to which a permit is required by the State Building Code:
Value of Proposed Work
Fee
$0 to $1,000
$12
$1,001 to $2,000
$18
$2,000 to $3,000
$24
$3,000 to $4,000
$30
$4,001 to $5,000
$36
$5,001 to $6,000
$42
$6,001 to $7,000
$48
$7,001 to $8,000
$54
$8,001 to $9,000
$60
$9,001 to $10,000
$66
Each additional $1,000
46
B. 
Such fees, when collected by the Building Official, shall be remitted to the Town Treasurer for deposit to the account of the Town of Orange.

§ 183-2. Penalties for offenses.

The following penalty provisions are adopted to implement Sections 121.4 and 122.2 of the State Building Code;
A. 
Any person who shall violate a provision of the State Building Code or shall fail to comply with any of the requirements thereof or shall erect, construct, alter or repair a building or structure in violation of any approved plan or directive of the Building Official, of a permit or certificate issued under the provisions of the code shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment not exceeding one year, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
B. 
Any person who shall continue any work in or about the building after having been served with a stop order, except such work as he is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $25 or more than $500. Each day that a violation continues shall be deemed a separate offense.

Article II. Building Applications and Delinquent Taxes

[Adopted 10-3-1996; amended in its entirety 4-12-2000]

§ 183-3. Tax status form required for approval.

The Town of Orange Building Department ("OBD") shall not approve any building application unless the applicant provides to the OBD a fully completed tax status form from the office of the Orange Tax Collector and Orange Town Treasurer indicating that:
A. 
All town taxes for the property for which an application is made are current and paid in full, or, if not current, the owner for which the application is made has entered into a payment program approved by the Tax Collector to pay off any delinquent taxes which may be due and is not in default under said program.
B. 
All sewer assessments and/or use fees for the property for which an application is made are current and paid in full, or, if not current, the owner for which the application is made has entered into a payment program approved by the Orange Town Treasurer to pay off delinquent assessments or fees which may be due and is not in default of such payment program.

§ 183-4. Scope of "building application."

For purposes of § 183-3, a "building application" shall include application for a building, electrical or plumbing permit or any other permit which may be duly issued from the OBD.

§ 183-5. Information required on tax status form.

The tax status form alluded to in § 183-3 shall contain at least the following:
A. 
Date of application;
B. 
Name and business address of applicant;
C. 
Property for which application is made;
D. 
Name and business address of owner of property;
E. 
Statement and signature of Tax Collector indicating that:
(1) 
Taxes on the property are current; or
(2) 
A payment schedule is in effect for delinquent taxes and there is no default thereof;
F. 
Statement and signature of Treasurer indicating that:
(1) 
Sewer use fees and/or assessments are current; or
(2) 
A payment schedule is in effect for delinquent fees or assessments and there is no default thereof.

Chapter 184. Buildings, Demolition of

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 1-21-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 183.
Numbering of buildings — See Ch. 186.
Citations — See Ch. 195.
Property maintenance — See Ch. 305.
Zoning — See Ch. 383.

§ 184-1. Permit required; permit conditions.

A. 
No person, firm, corporation or other entity shall demolish any building, structure, or part thereof without first obtaining a permit from the Building Official.
B. 
No such permit shall be issued until the applicant:
(1) 
Complies with the provisions of Connecticut General Statute § 29-406(a); and
(2) 
If the building, structure, or part thereof is larger than 500 square feet and more than 50 years old (hereinafter an "historic structure"), the provisions of § 184-2 of this chapter are complied with.

§ 184-2. Permits for demolition of historic structures.

No permit for the demolition of an historic structure shall be issued until the following requirements are completed:
A. 
Filing of a notice of intent to demolish with the Office of the Building Official stating the address of the building, along with the description thereof.
B. 
Within 10 days of filing, the applicant shall post on the property upon which the building to be demolished is located, in a conspicuous place for at least 30 consecutive days, a sign provided by the Office of the Building Official.
C. 
The passage of a waiting period of 60 days after the filing of the notice of intent to demolish. (The sixty-day waiting period may be waived upon a written consent signed by the President of the Orange Historical Society, the Chairman of the Orange Historic District Commission, and the Orange Building Official.)

§ 184-3. Notification of demolition of historic structures.

The Building Official shall maintain on file a list of all parties, along with their addresses, who are interested in receiving notice of the filing of a notice of intent to demolish an historic structure. The Building Official shall notify these parties by mail within seven days of the filing of a notice of intent to demolish. The Building Official shall also automatically notify the Orange Historic District Commission and the Orange Historical Society at this time.

§ 184-4. Permit term.

Demolition permits shall be good for one year from the date of issuance.

§ 184-5. Effect on other regulations.

This chapter is intended to supplement and not to limit any requirements now or hereafter imposed by the Connecticut General Statutes and regulations adopted thereunder, on any applicant for or recipient of a demolition permit, or any authority now or hereafter granted to the Building Official by the Connecticut Basic Building Code, including but not limited to his authority as it applies to unsafe structures, fire-damaged structures, or deteriorated structures and the demolition and/or removal of same.

§ 184-6. Exception for historic districts or properties.

The procedures set forth in §§ 184-2 and 184-3 of this chapter shall not apply to buildings or structures within historic districts or to historic properties, as the demolition waiting periods with respect thereto are governed by § 7-147j and § 7-147y of the Connecticut General Statutes.

§ 184-7. Applicability.

Sections 184-2 and 184-3 of this chapter shall not apply to any building or structure, the proposed demolition of which was announced to the Orange Town Plan and Zoning Commission prior to October 1, 1991.

§ 184-8. Penalties for offenses.

Failure to abide by the provisions of this chapter shall subject the violator to all applicable penalties under the law, including a fine of $100 for each violation, in accordance with Connecticut General Statute § 7-148(c)10.

Chapter 186. Buildings, Numbering of

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 11-17-1991. Amendments noted where applicable.]

§ 186-1. Intent and purpose.

It is the intent and purpose of this chapter to allow for the rapid and easy identification by number of the buildings in the Town of Orange to facilitate postal delivery and to enable emergency services such as the police, fire fighters and ambulances to locate the buildings requiring such services.

§ 186-2. Number required; location and size.

Each building, including but not limited to, residential house, store, factory, office building, apartment house or complex, or other multi-unit complex, shall have placed upon it by its owner a building number which shall correspond to the street address number for the building. The town shall assign a building number to each building and shall notify each building owner of the assigned number. The number shall be no less than three inches in height and shall be visible from the street on which the building is located. The number shall be located on the top or bottom or on the sides of the main entrance of the building facing the street. In the event that a building is more than 50 feet from the street on which it is located, the owner shall, in addition to displaying the number on the building, display the same number on a mailbox, fence or post located immediately to the side of the appropriate driveway or sidewalk by which access is gained to the building, so that the number of the building is visible from the street. If a mailbox is numbered, the number shall be placed on both sides of the mailbox and shall be no less than three inches high. If a fence or post is numbered, the number shall be no less than three inches high and easily visible from the street.

§ 186-3. Multi-unit buildings.

The owner of each building that contains multiple units, such as apartments, stores or offices, shall place upon the building the number and, if applicable, the name of the building, in a size and style and at a location approved by the Chief of the Orange Fire Department in conjunction with the Orange Fire Marshal.

§ 186-4. Penalties for offenses.

Any person who violates this chapter shall be fined in an amount not to exceed $10 for each day of the violation.

Chapter 190. Burning, Outdoor

[HISTORY: Adopted by the Town Meeting of the Town of Orange 2-25-1964; amended in its entirety by the Board of Selectmen 4-11-2012. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 164.
Property maintenance — See Ch. 305.
Solid waste — See Ch. 331.

Article I. Purpose and Definitions

§ 190-1. Purpose.

It is the purpose of this chapter to protect the health, safety, welfare, property, and living conditions of the citizens of the Town of Orange from the fire hazards and air pollution of open burning and outdoor burning.

§ 190-1.1. Application.

This chapter shall not supersede Connecticut regulations that apply to open burning, outside wood-burning furnaces or emissions from chimneys from buildings and/or structures.

§ 190-1.2. Nonapplicability.

This chapter does not apply to grilling or cooking using charcoal wood, propane or natural gas in cooking, grilling appliances, or barbeques being used for food preparation. Further, this chapter shall not apply to the use of propane, acetylene or natural gas in a device intended for temporary heating during construction or maintenance activities. This chapter shall not apply to recreational fire appliances (as defined in § 190-2) that are designed, manufactured, installed and approved for such use.

§ 190-1.3. Permittee responsibilities.

Any Town-issued burning permit(s) in no way relieves any individual from their responsibility for any damage or injury caused by their permitted actions to another person's property or person.

§ 190-2. Definitions.

The following definitions shall apply to all parts of this chapter (Words italicized in this chapter are defined in this section.):
BONFIRE
An outside fire for the sole purpose of celebrating an event or occurrence either on private or public property.
BURNING INDEX
A weather forecast based on a scale calibrated to reflect the risk of forest fire and broadcast by the Connecticut Department of Energy and Environmental Protection (DEEP).
CEREMONIAL BURNING
The open burning of materials, such as flags for the purpose of disposing of said material that is fit and proper.
CLEAN WOOD
Natural wood which has not been painted, varnished, stained or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
COMBUSTIBLE MATERIAL
Any substance which is inflammable, readily ignitable or free burning, such as but not limited to paper, rubbish, wood, grass and leaves.
CONSTRUCTION AND DEMOLITION WASTE
Building materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition on a house, commercial or industrial building, or other structure.
DEEP
The Connecticut Department of Energy and Environmental Protection.
FIRE MARSHAL
The Town of Orange Fire Marshal, or authorized agency designee(s).
FIRE PIT
An outside area of earth ground or a hole in earth ground that may or may not be surrounded by noncombustible materials with the intent of controlling the potential spread of a fire.
FIRE TRAINING FIRE
Methods of fire inside a structure or in the open environment for the purpose of training firefighters to enhance their skill performance.
GRILL, OUTDOOR FIREPLACE, OR APPROVED APPLIANCE
Any metal or masonry structure, or premanufactured appliance used for outdoor cooking or recreational fire.
HAZARDOUS MATERIAL
Any substance or compound that has the capability of producing adverse effects on the health and safety of humans or environment.
NUISANCE
A situation in which a recreation, bonfire, fire training, cooking or brush burning type fire creates an environment on or in property, other than the property where the fire is occurring, which is considered to be unhealthy, hazardous, reasonably annoying, uncomfortable, unsafe, creating a traffic hazard, creating a persistent odor or would cost resources to eliminate the odor from the property. This shall apply to but not be limited to smoke, soot, fumes, odors, vapors, noxious gases, products of combustion, heat and incomplete products of combustion.
OPEN BURNING
The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack or flue. Definition from Connecticut General Statutes 22a-174-1(59).
OPEN BURNING OFFICIAL
Any person designated by the Town of Orange under Connecticut General Statutes to enforce Connecticut open burning regulations, this article and any applicable regulations.
OPEN OUTDOOR FIRE
Any fire in the open air, or outside the confines of a building for the purpose of burning a combustible material.
PATIO WOOD-BURNING UNIT
A chimnea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
PERMIT
Any paper or electronic form to document the approval of open burning that has been designated by the State of Connecticut or Town of Orange to serve as the approval. "Permit" shall also include any approval(s) to build, as issued by the Town of Orange Building Department.
RECREATIONAL FIRE
An outside fire created for the purpose of experiencing the outside natural environment, for the human consumption of beverages or food and the cooking or smoking of food for human consumption and ceremonial purposes. The fire shall be fueled by combustible materials, excluding flammable or combustible gas or liquid. Some typical words describing a recreation fire include campfire and fire pit.
RECREATIONAL FIRE APPLIANCE
A commercially or privately manufactured device in which the intent of its manufacturing was to contain or control a recreation-type fire.
RESIDENT
An individual seeking to burn on the property where he or she resides.
SPARK ARRESTOR
A cover designed to prevent the escape of sparks and embers from an open fire or a recreational fire appliance, which meets the specifications of § 190-3 of this chapter, or the appliance manufacturer's listing.
WINDY CONDITIONS
A consistent or gusting wind velocity of 15 miles per hour or more.

Article II. Regulations

§ 190-3. Specifications.

A. 
A spark arrestor shall:
(1) 
Be large enough to cover the entire opening of the permitted fire area on which it is used; and
(2) 
Be constructed of perforated sheet metal or of substantial wire mesh screen capable of withstanding the temperatures of the permitted fire, but in no case less than 600° F.; and
(3) 
Have perforations or openings which do not exceed 1/2 inch in length and 1/2 inch in width.
B. 
Recreational and bonfires shall not create a nuisance to surrounding neighbors, homeowners, people, and property.
C. 
Recreational-type fires shall be contained in either a fire pit or recreational appliance.
D. 
A recreational-type fire or use of a recreational fire appliance shall be supervised and monitored by a person of at least 16 years of age and who is able to make responsible decisions to adequately control it.
E. 
Bonfires and fire pits shall be limited to no more than three feet in diameter or no more than seven square feet in area, and shall not have a fuel stack greater than three feet high.
F. 
A spark arrestor shall be used on all fire pits, bonfires.

Article III. Powers and Duties of Fire Marshal

§ 190-4. Inspection.

The Fire Marshal's Office of the Town of Orange is authorized to enforce the provisions of this chapter. To assist such enforcement, the Fire Marshal or a designee is authorized to enter any yards and open property for the purpose of detecting and initiating extinguishment of fires created without compliance with this chapter.

§ 190-5. Notice of violation.

Whenever the Fire Marshal determines that there has been a violation of this chapter, he shall give written notice of such violation to the person or persons responsible for such violation. Such notice shall describe the violations charged with specific reference to the provisions of this chapter, and shall outline the remedial action required to remove the violation, including the time within which such violation must be cured.

Article IV. Permits

§ 190-6. Application for permit.

All applications for permits required by this chapter shall be made to the Fire Marshal in such form and in such detail as he shall prescribe. The Fire Marshal may require, where he deems it necessary, proof of compliance with the Town zoning or building ordinances[1] and may revoke a permit in case there has been a false statement or misrepresentation as to a material fact in such application.
[1]
Editor's Note: See Ch. 183, Building Construction, and Ch. 383, Zoning.

§ 190-7. Issuance of permits.

The Fire Marshal shall issue all permits required by this chapter when satisfied that the activity or condition for which the permit is sought poses no threat to life, health or property. Such permits shall be valid for such period of time as appears on the face of the permit and may be withdrawn at any time on notice to the holder thereof, if, because of changed conditions, a threat to life, health and property is found to exist.

§ 190-8. Permit fees.

The following fees shall apply to permits required under this chapter:
A. 
Single-use kindling or open burning permit: $25.
B. 
Annual fire pit operating permit: $150.
C. 
Fire training permit: $75.
D. 
Special use permit: $25.

Article V. Prohibited Acts

§ 190-9. Prohibited acts enumerated.

The following acts are prohibited:
A. 
Kindling or allowing to be kindled an outdoor fire for the purpose of disposing of garbage, construction and demolition waste;
B. 
Leaving unattended an open outdoor fire;
C. 
Kindling or allowing to be kindled an outdoor fire when the burning index as broadcast by the State DEEP as "High," "Very High", or "Extreme," and/or windy conditions exist;
D. 
Kindling or allowing to be kindled an outdoor fire when the Air Quality Index is broadcast by the State of Connecticut DEEP as "Unhealthy to Sensitive Groups," "Unhealthy," or "Very Unhealthy."
E. 
The location or storage outside a building of any combustible material in such manner or condition as to pose a threat to life, health or property;
F. 
Kindling an outdoor fire within the traveled portion of any highway or curb area;
G. 
Bon-type fire and fire pits that are greater than three feet in diameter or more than seven square feet in area, and that have a fuel stack greater than three feet high; and
H. 
Kindling or allowing to be kindled an outdoor fire for the purpose of disposing of any type of structure, including marine and aircraft, vehicles or debris from any of the foregoing.

Article VI. Acts Requiring Permit

§ 190-10. Enumeration of acts requiring permit.

The following acts are permitted under this chapter, provided that a written permit is first obtained from the Fire Marshal or Fire Wardens of the Town of Orange:
A. 
Kindling or allowing to be kindled an outdoor fire.
B. 
Bon-type fires.
C. 
A nonconforming fire or special use fire of a type other than listed in this chapter which may be required due to unique nature or condition, such as, but not limited to, a prescribed burn for forest fire control.
D. 
Fire suppression training fires in accordance with the following provisions:
(1) 
The burn must be exclusively for fire prevention training. The burning shall not be used as a means to dispose of waste material, including, but not limited to, tires and other hazardous materials.
(2) 
All hazardous materials must be removed and disposed of prior to conducting the fire suppression training removed by a licensed abatement contractor in accordance with the applicable local and state regulations regarding such activities.
(3) 
Asphalt shingles and asphalt or plastic siding shall be removed prior to the practice burn unless the Fire Chief determines that they are necessary for the fire practice.
(4) 
At least seven days before a planned practice burn, residents within a one-thousand-foot radius of the site of the proposed burn shall be notified.
(5) 
All fire suppression training shall conform to the latest edition established by the National Fire Protection Association (NFPA) Standard on Live Fire Training Evolutions (NFPA 1403).
E. 
An annual operating permit can be issued to a resident for approved fire pits that will be used throughout the year. Such permit will require an initial inspection by the Fire Marshal to determine compliance with this chapter, and any other applicable standard. Each permit shall be valid for 12 months after the date of issuance, and must be renewed after such time.
(1) 
If a resident obtains an annual fit pit operating permit, it shall be that person's responsibility to verify that acceptable conditions exist to burn and the arrangement or configuration of such pit has not changed from the initial inspection by the Fire Marshal.
(2) 
Any changes to the location, layout, or configuration of the fire pit will require a reinspection by the Fire Marshal.

Article VII. Penalties

§ 190-11. Penalties for offenses.

A. 
A maximum of one written warning shall be allowed to the homeowner, resident or responsible person(s) for the violation of this chapter.
B. 
After the first written warning in a calendar year, the homeowner, resident or responsible person shall be fined $100 for each additional written warning. This process shall continue up to the third written warning.
C. 
If the violations continue after the third written warning, the Fire Marshal shall seek an order from a court of competent jurisdiction for a cease and desist order of the open burning that violates this chapter.

§ 190-12. Enforcement.

A. 
The office of the Fire Marshal is charged with the enforcement of this chapter. That office can request assistance from the Police Department, Fire Department or Connecticut DEEP, as necessary.
B. 
The Office of the Fire Marshal shall provide the homeowner, resident or person responsible for the open burning a notice of written warning violation when the open burning is in violation of this chapter and any part of it. The written warning violation notice shall be left with the proper person or affixed to the residence in a conspicuous location. When necessary, a copy of the written violation shall be sent to the responsible person(s) by certified mail and return receipt requested. In the event that the responsible person does not claim such form at the Post Office, the Fire Marshal shall have such notice served by a Judicial Marshal.
C. 
In the event that the Fire Marshal, Police Department or Fire Department determines that, in the best interest of public safety and/or the intent of this chapter, the open burning must immediately cease, they have the authority to have the open burning extinguished, as soon as possible.
D. 
Nothing in this chapter shall limit the power and authority of the Fire Marshal to enforce their respective regulations or other related Connecticut regulations regarding open burning.
E. 
Open brush burning is not allowed without a permit. Brush burning without a permit is illegal and the individual(s) responsible for the burning may be subject to arrest by the Police Department or any other authorized person(s).
F. 
The Fire Marshal may revoke or cancel a burn permit if it is deemed that the open burning is creating a nuisance, fire hazard, unsafe condition, environmental hazard or for any other reasonable condition.
G. 
The notice of written violation form, as a minimum, shall contain the following information:
(1) 
The property of origin.
(2) 
The exact nature and chapter section(s) of the violation(s).
(3) 
A copy of this chapter.
(4) 
The penalty or fine for the violation of this chapter.
(5) 
The penalty(s) or fine(s) for continued violation of this chapter.
(6) 
The procedure to appeal this violation(s).
(7) 
The name and business telephone number(s) of the Fire Marshal, Police or Fire Department representative finding such violation(s).

Article VIII. Interpretation and Conflicts

§ 190-13. Conflict.

In any case when a provision of this chapter is found to conflict with a provision of any zoning, building, fire, safety or other statute, regulation, code or ordinance of the state or Town of Orange, the provision which established the higher standard shall prevail.

§ 190-14. Liability.

This chapter shall not be construed to render the Town of Orange or any of its officers liable for any damage to person or property by reason of the inspection or reinspection authorized herein or the failure to inspect or reinspect or by reason of the issuance of any permit as herein provided.

§ 190-15. Effective date.

This chapter shall become effective on the first day of July 2012.

Chapter 195. Citations

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Inland wetlands and water courses regulations — See Ch. 381.
Zoning — See Ch. 383.

Article I. Zoning Enforcement Citations

[Adopted 10-3-1996]

§ 195-1. Definitions.

As used in this article, the following terms shall have the meanings indicated:
CITATION OFFICER
The Zoning Enforcement Officer of the Town of Orange.
TOWN OF ORANGE ZONING REGULATIONS
The current Orange Zoning Regulations[1] and any subsequent amendments, modifications or additions which shall be duly enacted by the Orange Plan and Zoning Commission.
UNCONTESTED PAYMENT PERIOD
Sixty days from the date an alleged violator of the Town of Orange Zoning Regulations receives a citation issued against him by the Citation Officer.
[1]
Editor's Note: See Ch. 383, Zoning.

§ 195-2. Zoning violations for which a citation shall be issued.

A. 
The Citation Officer shall issue citations to any person or entity who or which the Citation Officer determines is violating the following Town of Orange zoning regulations:
(1) 
(Section 383-19) Inoperable and/or unregistered motor vehicles and motor vehicle parts.
(2) 
(Section 383-19) Illegally parked and stored commercial vehicles and equipment (combination and/or commercial registration).
(3) 
(Chapter 383, Article XIX) Illegal signs.
(4) 
(Section 383-19) Accumulating piles of junk, garbage, debris and illegal dumping.
(5) 
(Chapter 383, Article XX) Illegal filling and/or excavating of earth materials.
(6) 
(Chapter 383, Article III) Illegal commercial activity in the Residence (RES) District.
B. 
Amount of fine for zoning violation citations. The amount of the fine for zoning violation citations shall be as follows:
(1) 
(Section 383-19) Inoperable and/or unregistered motor vehicles and motor vehicle parts: $150 per violation.
(2) 
(Section 383-19) Illegally parked and stored commercial vehicles and equipment (combination and/or commercial registration): $150 per violation.
(3) 
(Chapter 383, Article XIX) Illegal signs: $150 per violation.
(4) 
(Section 383-19) Accumulating piles of junk, garbage, debris and illegal dumping: $150 per violation.
(5) 
(Chapter 383, Article XX) Illegal filling and/or excavating of earth materials: $150 per violation.
(6) 
(Chapter 383, Article III) Illegal commercial activity in the Residence (RES) District: $150 per violation.

§ 195-3. Time period by which a fine must be paid if not contested.

A person or entity who or which has received a citation and does not intend to contest the issuance of the citation shall pay the amount of the fine during the uncontested payment period.

§ 195-4. Procedure to be followed incident to issuance of citations.

The procedure required concerning issuance, hearing, disposition and enforcement of zoning violation citations shall be as established in Public Act 96-210 and Connecticut General Statutes, Section 7-152c, Hearing procedure for citations, as the same may be amended from time to time by the General Assembly.

§ 195-5. Selection of hearing officers.

The First Selectman shall in accordance with Public Act 96-210 be authorized to select the hearing officers necessary to effect this article.

Article II. Citation Hearing Procedure

[Adopted 3-8-2000]

§ 195-6. Procedure established.

There is hereby established a citation hearing procedure in accordance with Section 7-152c of the General Statutes as herein set forth.

§ 195-7. Appointment of hearing officers.

The First Selectman shall appoint one or more citation hearing officers, other than police officers, or employees or persons who issue citations, to conduct the hearings authorized by this article.

§ 195-8. Notice of violation.

The First Selectman, any police officer, or any person authorized by the First Selectman to issue a citation for the violation of any ordinance at any time, within 12 months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any citation issued under any ordinance adopted pursuant to Section 7-148, Section 22a-226d, 22a-42g, or 8-12a of the General Statutes or under any ordinance in which citations are authorized and may be issued in accordance with law, shall send notice to the person cited. Such notice shall inform the person cited:
A. 
Of the allegations against him and the amount of the fines, penalties, costs or fees due;
B. 
That he may contest his liability before a citation hearing officer by delivering in person or by mail written notice within 10 days of the date thereof;
C. 
That if he does not demand such a hearing, an assessment and judgment shall be entered against him; and
D. 
That such judgment may issue without further notice.

§ 195-9. Admittance of liability.

If the person who is sent notice pursuant to § 195-8 of this article wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official designated in such notice. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in § 195-8 shall be deemed to have admitted liability, and the designated municipal official shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in § 195-11.

§ 195-10. Hearing requirements.

Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of notice, provided the hearing officer shall grant upon good cause shown any reasonable request by any interested party for postponement or continuance. An original or certified copy of the initial notice of violation issued by the issuing official or policeman shall be filed and retained by the municipality, and shall be deemed to be a business record within the scope of Section 52-180 and evidence of the facts contained therein. The presence of the issuing official or policeman shall be required at the hearing if such person so requests. A person wishing to contest his liability shall appear at the hearing and may present evidence in his behalf. A designated municipal official, other than the hearing officer, may present evidence on behalf of the municipality. If such person fails to appear, the hearing officer may enter an assessment by default against him upon a finding of proper notice and liability under the applicable statutes or ordinances. The hearing officer may accept from such person copies of police reports, investigatory and citation reports, and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as he deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The hearing officer shall announce his decision at the end of the hearing. If he determines that the person is not liable, he shall dismiss the matter and enter his determination in writing accordingly. If he determines that the person is liable for the violation, he shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by the applicable ordinances of the municipality.

§ 195-11. Notice of assessment.

If such assessment is not paid on the date of its entry, the hearing officer shall send by first class mail a notice of the assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court for the geographical area in which the municipality is located together with an entry fee of $8.

§ 195-12. Definitions.

As used in this article, the following terms shall have the meanings indicated:
PERSON
An individual or a group of individuals, corporation, partnership, limited partnership, limited liability company, or such other entity or association which exists under law.

§ 195-13. Conflict with other provisions.

In the event of any conflict of the provisions of this article or any other ordinance with respect to any procedures for citations, the provisions of this article shall apply.

Article III. Inland Wetlands and Water Courses Violations

[Adopted 3-8-2000]

§ 195-14. Designation of Citation Officers.

Any police officer, the Wetlands Enforcement Officer of the Town of Orange, or other person authorized by the First Selectman of the Town of Orange (each a "Citation Officer") is hereby empowered to issue citations in accordance with this article.

§ 195-15. Issuance of citations.

A Citation Officer may issue a citation to any person who commits a violation of Chapter 381, Inland Wetlands and Water Courses Regulations, of the Town of Orange adopted by the Inland Wetlands and Water Courses Commission of the Town of Orange pursuant to Section 22a-42 of the General Statutes as the same may be amended from time to time.

§ 195-16. Fines.

There are hereby established the following fines for each violation of the Regulations:
A. 
Filling without a permit (§ 381-12 of the Regulations): $300 per day;
B. 
Clear cutting in violation of § 381-12 of the Regulations: $300 per violation;
C. 
Noncompliance with permit conditions or limitations in violation of § 381-64B of the Regulations: $150 per violation;
D. 
Conduct of any other regulated activity without the issuance of a permit: $500.
E. 
Improper dewatering operations.
[Added 10-8-2003[1]]
(1) 
Dewatering operations performed by a homeowner-occupied residence: $250.
(2) 
Dewatering operations performed by all other violators: $1,000.
[1]
Editor's Note: Adopted by the Inland Wetlands and Water Courses Commission 3-23-2004.

§ 195-17. Hearing procedure.

The procedures established in Article II, Citation Hearing Procedure, of this chapter will apply to citations issued under this article.

§ 195-18. Period for uncontested payment of fines.

The final period for the uncontested payment of any fines under this article shall be 30 days after the date of mailing of the citation.

§ 195-19. Deposit of fines.

Any fine collected by the Town pursuant to this article shall be deposited to the general fund of the Town.

Chapter 199. Contracts, Public

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 8-11-1999. Amendments noted where applicable.]

§ 199-1. Definitions.

For the purpose of this chapter the following words and phrases shall have the meaning respectively ascribed to them by this section:
AFFILIATE
With respect to any person any other persons directly or controlling, controlled by, or under common control with such person whether through the ownership of voting securities, by contract or otherwise.
PERSON/PERSONS
One or more individuals, partnerships, corporations, limited liability companies, associations, joint ventures, limited liability partnerships or other entity created for the transaction of business.
PUBLIC CONTRACT
Any agreement or formal commitment entered into by the Town of Orange to expend funds in return for work, labor, services, supplies, equipment, materials or any combination of the foregoing or any lease, lease by way of concession, concession agreements, permit, license or permanent agreement whereby the town leases, grants or demises property belonging to the Town of Orange or otherwise grants a right or privilege to occupy or use said property of the Town of Orange.
TOWN
Any official, agency, board, authority, department, office or other subdivision of the Town of Orange.

§ 199-2. Prohibition on contracting with the town.

No public contract shall be awarded to or entered into by the town with any person or an affiliate of such person through or which:
A. 
Has delinquent taxes or other financial obligations owed to the town except where such person has entered into an agreement with the town satisfactory to the Tax Collector to pay delinquent taxes in installment payments and the payments under such agreement are not in default;
B. 
Is in default, or has within the immediately preceding two years defaulted, in the performance of any covenants, agreements, conditions or obligations under any public contract with the town;
C. 
Instituted and maintained within the immediate preceding two years, any action against the town seeking monetary damages other than for reimbursement of the overpayment of taxes or assessments or for bodily injury or property damage arising from a claim of negligence by the town; or
D. 
Been cited three or more times or been fined or enjoined by a court of competent jurisdiction for violation of any ordinances or regulations of the Town of Orange including, without limitation, zoning regulations and inland/wetland regulations of the Town of Orange within the immediately preceding two years.

§ 199-3. Affidavits, disclosures and certifications.

All invitations to bid for public contracts shall include an affidavit to be signed and sworn to by the bidder and any of the bidder's affiliates are not and have not:
A. 
Delinquent in taxes or other financial obligations owed to the town except where such person has entered into an agreement satisfactory to the Tax Collector to pay delinquent taxes in installment payments and the payments under such agreement are not in default;
B. 
In default, or within the immediately preceding two years, have defaulted, in the performance of any covenants, agreements, conditions or obligations under any public contract with the town;
C. 
Instituted and maintained within the immediate preceding two years, any action against the town seeking monetary damages other than for reimbursement of the overpayment of taxes or assessments or for bodily injury or property damage arising from a claim of negligence by the town; or
D. 
Been cited three or more times or been fined or enjoined by a court of competent jurisdiction for violation of any ordinances or regulations of the Town of Orange including, without limitation, zoning regulations and inland/wetland regulations of the Town of Orange[1] within the immediately preceding two years.
[1]
Editor's Note: See Ch. 383, Zoning, and Ch. 381, Inland Wetlands and Water Courses Regulations, respectively.

§ 199-4. Representations in public contract.

Each public contract shall contain representations of the person, party to said contract with the town, that such person and its affiliates are not and have not:
A. 
Delinquent in taxes or other financial obligations owed to the town except where such person has entered into an agreement satisfactory to the Tax Collector to pay delinquent taxes in installment payments and the payments under such agreement are not in default;
B. 
In default or, within the immediately preceding two years, has defaulted in the performance of any covenants, agreements, conditions or obligations under any public contract with the town;
C. 
Instituted and maintained within the immediately preceding two years, any action against the town seeking monetary damages other than for reimbursement of the overpayment of taxes or assessments or for bodily injury or property damage arising from a claim of negligence by the town; or
D. 
Been cited three or more times or been fined or enjoined by a court of competent jurisdiction for violation of any ordinances or regulations of the Town of Orange including, without limitation, zoning regulations and inland/wetland regulations of the Town of Orange within the immediately preceding two years.

§ 199-5. False statements.

No public contract shall be entered into with any person found to have filed a false affidavit under § 199-3 or whose representations in any public contract under § 199-4 are false or misleading in any material respect for a period of 10 years after the making of such affidavit or the entering of such public contract.

§ 199-6. Additional disclosure requirements.

A. 
Any person seeking to enter into a public contract with the town shall for each such contract disclose all names under which such person and its affiliates have provided labor, services, supplies, equipment, materials or any combination thereof to the town.
B. 
Any person seeking to enter into a public contract with the town shall disclose:
(1) 
The names of all persons affiliated with the business of such persons;
(2) 
The name of all persons in which such person has an ownership interest;
(3) 
The names of persons which hold an ownership interest in such person; and
(4) 
If such person or any of its affiliates own or have owned within one year prior to the date of disclosure required by this section taxable property situated in the town.
C. 
Any person doing business under a tradename shall deliver a copy of the Tradename Certificate filed on behalf of such person duly certified by the Town Clerk of the municipality in which such person maintains its principal place of business.

§ 199-7. Exceptions.

Notwithstanding the provision of this chapter, the town may enter into a public contract with any person or persons who would otherwise be prohibited from entering into a public contract with the town as a result of being delinquent in taxes and/or fines pursuant to the provisions of this chapter; they may be awarded a public contract provided the notice of award and the entering of such public contract shall be conditioned upon the payment by such person or persons of all delinquent taxes and/or fines by cash, certified check or bank check within five business days of the notice of award of such public contract.

Chapter 204. Dance Halls and Other Public Entertainment

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 10-4-1955; amended in its entirety 8-18-1981. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Nightclubs — See Ch. 289.
204a Addendum A

§ 204-1. Provisions adopted; authority.

The Town of Orange, in town meeting assembled October 4, 1955, hereby adopts the following by-laws concerning the licensing of certain concessions in said town by said town pursuant to the authority granted to said town by an act adopted at the January session, 1933, of the General Assembly of the State of Connecticut.[1]
[1]
Editor's Note: Said act, entitled "An Act Concerning the Licensing of Certain Concessions by the Selectmen of the Town of Orange," is included as Addendum A at the end of this chapter.

§ 204-2. Failure to obtain license; penalties for offenses.

Every person who shall keep or use or suffer to be kept or used any premises within the Town of Orange occupied by him or under his control, which said premises shall be used for the conducting of a public dance hall, pool room, exhibition or amusement hall or restaurant in which dancing is permitted, without a proper license duly issued by the Board of Selectmen of the Town of Orange, shall be fined not more than $100 for every such offense.

§ 204-3. Application for license.

Every person who desires to obtain a license for the conducting of a public dance hall, pool room, exhibition or amusement hall or restaurant in which dancing is permitted, shall file with the Selectmen of the Town of Orange an application signed by the person to whom such license is to be issued and such application shall specify the time or times and the place where such license is desired, the particular nature of the actor or acts to be done and such other particulars as may be required by the Selectmen to show that such license or permit may be granted and will be used in accordance with the law. Said Selectmen shall provide suitable blanks for such applications and all such applications shall be consecutively numbered and made available to applicants at the office of the Town Clerk.

§ 204-4. Hearing on application.

The Board of Selectmen shall hold a public hearing on each application, notice thereof to be given to the applicant and by posting such notice on the public signpost in Orange at least five days prior to such hearing. The purpose of such hearing is to determine whether the applicant is a proper person, the purpose is a proper purpose and the location suitable for such purpose. Said application shall be approved or denied within a reasonable time after hearing held thereon. When the Selectmen have acted on any such application it shall be returned and filed in the office of the Town Clerk, together with copy of any license issued thereunder.

§ 204-5. Interpretation and liability.

No such license shall authorize or excuse any breach of law or trespass upon the rights of others nor shall any license render said town liable for any damage that may be committed or caused under cover thereof.

§ 204-6. Term and transferability of license.

All licenses issued by the authorities under the provisions of these by-laws shall expire on the first day of May after their issuance and no license so issued shall be in force for a longer time than one year nor shall any license so issued be transferable from the person to whom the same is issued to any other person or corporation.

§ 204-7. Fees.

Each application for a license under the terms of these by-laws shall be accompanied by a fee of $2 for the purpose of covering the expense of hearing on the same. The fee for each license issued under the terms of these by-laws shall be $50 to be paid upon receipt of same; all fees to become the property of the Town of Orange and shall be turned over to the Town Treasurer.

§ 204-8. Revocation of license.

Any license or permit granted under the provisions of this chapter may be revoked at any time by the Selectmen for cause found upon complaint of any local or state police officer or any local or state Fire Marshal or health officer after a hearing for the consideration of such revocation, reasonable notice thereof having been given to the holder of such license or permit.

§ 204-9. Exceptions.

The provisions of these by-laws shall not apply to any church building or charitable organization or any use of the Town Hall granted by the Selectmen, or the use of the School Auditorium under permission for such use by the proper town officials.

Chapter 211. Firearms

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 6-19-1979; amended in its entirety 10-8-2014. Subsequent amendments noted where applicable.]

§ 211-1. Discharge of firearms restricted.

Except as otherwise specifically permitted by law, no person shall discharge a firearm within the Orange town limits, except at a permitted indoor gun range, without first having obtained a permit from the Orange Chief of Police to do so. The owner of any indoor gun range shall not commence business operations until after such owner has first obtained a permit from the Orange Chief of Police.

§ 211-2. Factors for issuance of permit.

In determining whether, or under what circumstances, or with what conditions to issue such a permit, the Chief of Police shall consider the purpose for which the discharge of a firearm is intended in the particular case, the type of firearm and ammunition, the location of the proposed activity, and the proximity of the location to structures or areas inhabited or utilized by members of the public, and shall consider how the facts of the particular case relate to potential threats to life, health or property, and to the preservation of public peace, safety and good order.

§ 211-3. Permit term, conditions and revocation.

Such permit, if issued, shall be valid for such period of time and under such conditions as appear on the face of the permit, and may be withdrawn at any time on notice to the holder thereof, if, because of changed conditions, there is found to be a threat of life, health or property, or the public peace, safety and good order.

§ 211-4. Regulations and forms.

The Chief of Police shall promulgate reasonable regulations and forms to implement the provisions of the chapter.

§ 211-5. Penalties for offenses.

Each violation of this chapter shall constitute a separate offense. Any person who violates any provision of this chapter shall be subject to arrest and prosecution by the proper authorities and may be fined an amount not to exceed $100 for each violation.

Chapter 215. Fire Lanes

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 2-1-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 366.

§ 215-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FIRE LANE
A designated, unobstructed passageway sufficient in size to permit free passage of fire and other emergency equipment from a public highway to all necessary areas or portions of any private or public property as hereinafter set forth.

§ 215-2. Establishment of fire lanes.

Whenever the Fire Marshal shall determine that the reasonable safety of persons occupying or using any premises, public or private, having a capacity of at least 15 persons, requires the establishment of a fire lane for orderly access of fire and other emergency equipment, the Fire Marshal shall establish such fire lane by written order and cause a public announcement of the establishment of such fire lane to be printed in a newspaper having substantial circulation in the community. Further, the Fire Marshal shall cause a copy of such order to be delivered, in person, or by registered mail, to the owner of any private land on which such fire lane is established, or to the agent of such owner.

§ 215-3. Appeals.

Whenever the Fire Marshal establishes a fire lane, he shall file a copy of his order with the Board of Selectmen and with the Orange Police Department. Any person aggrieved by such order may file, with the Board of Selectmen, within 10 days after the date of the publication of such order in the newspaper, a written notice of appeal setting forth the reasons for aggrievement. After hearing, the Board of Selectmen may affirm, modify or rescind such order.

§ 215-4. Minimum requirements.

Any such fire lane shall be a minimum of eight feet in width, unless otherwise specified by the Fire Marshal. Said fire lane shall be constructed of either asphalt or other suitable hard surface capable of supporting the weight of fire apparatus.

§ 215-5. Delineation.

Upon establishment of a fire lane, the Fire Marshal shall cause to be erected or installed, adequate signs and markings to delineate said fire lane. Signs and markings required on a privately owned premises shall be erected or installed by the owner of such premises who shall bear the total cost. Failure by such owner to erect or install the required signs and markings within 60 days from the date of such order shall cause the Fire Marshal to direct the Orange Highway Department to erect or install the required signs and markings at the cost to the owner of the premises, which may be billed for and collected as a municipal fee in the same manner as municipal taxes.

§ 215-6. Installation of signs and markings.

A. 
Signs:
(1) 
Signs shall be mounted on steel posts or as approved by the Fire Marshal and the Orange Traffic Authority.
(2) 
Signs shall be installed to a height of seven feet from the surface of pavement to the base of the sign.
(3) 
Signs on posts shall face both directions of travel (mounted back to back), or as approved by the Fire Marshal and the Traffic Authority.
(4) 
Distance between signs shall be a maximum of 50 feet.
(5) 
Sign lettering shall be clearly visible and shall read as follows: "NO PARKING - FIRE LANE," or as approved by the Fire Marshal and the Traffic Authority.
B. 
Lettering and markings on fire lane surface(s):
(1) 
Lettering on fire lane surfaces shall read as follows: "NO PARKING - FIRE LANE," or as approved by the Fire Marshal and Traffic Authority.
(2) 
Lettering shall be applied as to face in both directions of travel.
(3) 
Lettering shall be of sufficient size as to be readily visible from any vehicle traveling in the fire lane.
(4) 
Pavement marking lines to designate the width of the fire lane shall be a minimum of five inches in width and shall be permanently painted and weatherproofed.
(5) 
All markings and lettering shall be painted "traffic yellow" in color.

§ 215-7. Preinstallation on-site inspection.

An on-site inspection shall be made by the Fire Marshal and the owner of the premises, or the owner's agent, prior to the installation of said fire lane.

§ 215-8. Maintenance.

Whenever the Fire Marshal establishes a fire lane on premises open to the public, but not municipally owned, it shall thereafter be the responsibility of the owner to properly maintain the area so designated, and to keep and maintain it free of ice and snow and of any other material which would obstruct the use of said fire lane.

§ 215-9. Parking or standing of vehicles in fire lanes.

No person shall park, or permit to stand, a motor vehicle in a fire lane which has been established under this chapter, except when the operator remains in the vehicle and is in the actual process of picking up or discharging passengers. The registered owner of a motor vehicle shall be presumed to be the operator of such vehicle.

§ 215-10. Penalties for parking or standing in fire lanes.

Whenever a vehicle is found parked or standing in violation of § 215-9, a police officer, the Fire Marshal, or Fire Inspector for the town, shall serve upon the owner or operator of such vehicle, or place upon such vehicle, a $25 parking ticket. If such ticket is paid within 48 hours, no further penalty shall be incurred. If such ticket is not paid within 48 hours, the penalty shall increase to $50.

§ 215-11. Penalties for other offenses.

Any person violating the provisions of this chapter, except those set out in §§ 215-9 and 215-10, shall be fined not more than $100 for each violation. Each day that a violation continues shall be considered to be a separate violation.

§ 215-12. Towing of vehicles.

Any motor vehicle found parked or standing in a fire lane which has been established in accordance with this chapter, may be towed upon the direction of a police officer to any public or private parking facility, and all expenses of such towing, and any subsequent storage, shall be borne by the registered owner of such vehicle.

Chapter 217. Fire Prevention

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 164.
Open burning — See Ch. 190.
Property maintenance — See Ch. 305.
Solid waste — See Ch. 331.

Article I. Review Fees

[Adopted 4-11-2012]

§ 217-1. Purpose.

The purpose of this fee schedule is to allow the Fire Marshal's Office of the Town of Orange to collect fees in connection with the Fire Marshal's fire inspection and plan review responsibilities and other activities within the boundaries of the Town of Orange, Connecticut that are regulated by the Orange Town Code, the State Fire Safety Code, the State Fire Prevention Code, the Connecticut General Statutes and/or the regulations promulgated by the State Fire Marshal's Office or the Department of Public Safety.

§ 217-2. Activity fees.

A. 
Inspections. When the Office of the Fire Marshal performs an inspection that requires official certification issued from the Office, a fee shall be charged for such inspection prior to the issuance of a certificate. The fees for such inspection noted below shall apply. All other fees for inspections, reviews, or services must be submitted with applications for such services. Government, public education and nonprofit organizations are exempt from fees but still subject to inspections as required.
Fee
Type of Occupancy
Initial
Renewal
Assembly use, liquor license
$100
$50
Educational
$100
$50
Nursing and convalescent homes
$250
$100
Residential board and care
Small, fewer than 16 residents
$75
$50
Large, more than 16 residents
$250
$100
Day-care facilities
$100
$50
Group day-care home
$75
$50
Hotels and dormitories
$200
$100
Retail fireworks/sparkler
$200
$200
Hazardous materials transport vehicles
$25 each
$25 each
B. 
Plan compliance review. Whenever any person, firm, business or other entity submits a plan in connection with a building permit for review and/or approval from the Office of the Fire Marshal, the fees for said review and or approval shall be based on aggregate building square footage as set forth below. The Office of the Fire Marshal shall have 30 days to complete the review of such submitted drawings and shall provide in writing authorization to release building permit to the Town of Orange Building Official in accordance with Connecticut General Statutes § 29-263.
Review
Fee
Building plan review
(new construction or total area being renovated)
Up to 2,000 square feet
$65
2,000 to 4,999 square feet
$100
5,000 to 9,999 square feet
$350
10,000 to 30,000 square feet
$500
30,000 to 50,000 square feet
$750
Over 50,000 square feet
$1,000*
Fire alarm system
(area being protected)
Up to 5,000 square feet
$65
5,000 square feet to 9,999 square feet
$100
10,000 square feet to 49,000 square feet
$200
Over 50,000 square feet
$500*
Active fire protection system
(area being protected)
Up to 5,000 square feet
$65
5,000 square feet to 9,999 square feet
$100
10,000 square feet to 49,000 square feet
$200
Over 50,000 square feet
$500*
Food service Type I hood system
(includes final acceptance inspection)
$100 each
Modifications, alterations, or additions to existing fire alarm and active fire protection system(s)
1/2 base fee
NOTE:
*
Any building plans for buildings 50,000 square feet or greater may be required to have an independent plan review, as determined at the sole discretion of the Office of the Fire Marshal. The independent plan review shall be conducted by a plan reviewer hired by the applicant and subject to the approval of the Office of the Fire Marshal. The applicant shall pay all costs associated with the contracted plan reviewer's independent review. The applicant shall submit the plan reviewer's written report, along with documentation that the reviewer's costs have been paid in full, prior to the Office of the Fire Marshal's review and approval of any such plan.
C. 
Other permits, inspections, and fees. Approval to install/operate or conduct an operation listed below shall require a permit to be issued from the Fire Marshal's Office prior to such operation. When the Fire Marshal's Office issues a permit to install/operate or conduct an operation, the fees listing below shall apply. Government, public education and nonprofit organizations are exempt from fees but a permit to install/operate or conduct shall still apply.
Permit/Service
Fee
Blasting permits
$30(CGS)
Retail fireworks/sparkler vendor (annual if continual operation, or each instance if temporary)
$200
Public or private fireworks display (does not include any required fire protection personnel/equipment)
$150
Certificate of occupancy or certificate of compliance
$50
Underground flammable/combustible liquid storage tank removal
<1,000 gallons' capacity
$50 each
>1,000 gallons' capacity
$75 each
Propane filling station, annual
$50
Propane exchange retail operation, annual
$25
Requested after-hours inspection fee (after 4:30 p.m. and before 8:30 a.m., excludes weekends/holidays, two-hour minimum if cancelled within 12 hours of requested time)
$65 (each inspector)
Missed (no-show) inspection fee
1/2 base fee
Returned check fee
$35
File copies:
Printed document
$0.50 page
Printed photographs
$1 each photo
Pictures on CD
$1 each photo

§ 217-3. Billing and enforcement.

A. 
No permit or required certificate shall be issued to any party until the fee for such permit or certificate has been submitted with the appropriate application.
B. 
The First Selectman may take all enforcement action necessary to secure payment of the delinquent bill of costs, including authorization of the Town Attorney to bring action for payment in a court of law.
C. 
All fees shall be payable by check only made out to "Town of Orange Fire Marshal's Office."

§ 217-4. Effective date.

This article shall become effective on the first day of July 2012.

Chapter 219. Fireworks

[HISTORY: Adopted by the Adjourned Town Meeting of the Town of Orange 3-3-1941. Amendments noted where applicable.]

§ 219-1. Use of fireworks restricted.

The discharge, firing, or use of all fire crackers, rockets, torpedoes, roman candles, fire balloons, or other fireworks or substances designed and intended for pyrotechnic display and all pistols, canes, cannons, or other appliances using blank cartridges or caps containing chlorate of potash mixture, is hereby prohibited in the Town of Orange. Upon written application to him, the Chief of Police may grant written permission for a display of fireworks, upon such conditions and with such restrictions as he may deem necessary, provided that, in his opinion, such proposed display shall be of such character and so located as not to constitute a hazard to surrounding property or persons.

§ 219-2. Manufacture or sale prohibited.

The manufacture or sale of fireworks at retail or wholesale is prohibited in the Town of Orange.

§ 219-3. Exceptions.

No provision of this chapter shall prohibit the discharge of pistols or firearms in any public ceremony or theatrical performance.

§ 219-4. Penalties for offenses.

The violation of the provisions of this chapter shall be deemed a misdemeanor and any person found guilty of such violation shall be fined not less than $10, nor more than $25, for each day's violation of said chapter. The Selectmen may remove or cause to be removed, at the owner's expense, all stocks of fireworks or other combustibles exposed for sale or held in stock in violation of this chapter.

Chapter 223. Flood Damage Prevention

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 10-21-1987; amended in its entirety 11-10-2010.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Flood and Erosion Control Board — See Ch. 66.
Building construction — See Ch. 183.
Inland wetlands and water courses regulations — See Ch. 381.
Subdivision regulations — See Ch. 382.
Zoning — See Ch. 383.
[1]
Editor's Note: This ordinance provided an effective date of 12-10-2010.

Article I. Statutory Authorization, Findings of Fact, Purpose and Objectives

§ 223-1. Statutory authorization.

The Legislature of the State of Connecticut has in Section 7-148(c)(7) of the General Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Selectmen of the Town of Orange, Connecticut, does ordain as follows.

§ 223-2. Findings of fact.

A. 
The flood hazard areas of the Town of Orange are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B. 
These flood losses are caused by the cumulative effect of obstructions in floodplains which increase flood heights and velocities. Uses situated in flood hazard areas and which are inadequately elevated, flood-proofed, or are otherwise unprotected from flood damages are vulnerable to floods and cause damage to uses in other areas, and contribute to the flood loss.

§ 223-3. Statement of purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. 
Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
B. 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. 
Control the alteration of natural floodplains, street channels, and natural protective barriers which are involved in the accommodation of flood waters;
D. 
Control filling, grading, dredging and other development which may increase erosion or flood damage; and
E. 
Prevent or regulate the construction of flood bathers which will unnaturally divert flood waters or which may increase flood hazards to other land.

§ 223-4. Objectives.

The objectives of this chapter are:
A. 
To protect human life and health;
B. 
To minimize expenditure of public money for costly flood control projects;
C. 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. 
To minimize prolonged business interruptions;
E. 
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
F. 
To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas; and
G. 
To insure that potential home buyers are notified that property is in a flood area.

Article II. Definitions

§ 223-5. Definitions and word usage.

A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ADDITION (TO AN EXISTING BUILDING)
Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.
APPEAL
A request for a review of the Town Engineer's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The elevation of the crest of the base flood or one-hundred-year flood. The height in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.
BASEMENT
That portion of a building having its floor subgrade (below ground level on all sides).
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
BUILDING
Any structure built for support, shelter, or enclosure for any occupancy or storage.
COASTAL HIGH HAZARD AREA
The area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE or V.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
ELEVATED BUILDING
A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before April 18, 1980, the effective date of the floodplain management ordinance adopted by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency that administers the National Flood Insurance Program (NFIP).
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary and Floodway Map and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal water;
(2) 
The unusual and rapid accumulation of runoff of surface waters from any source.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR
The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
FUNCTIONALLY DEPENDENT USE OR FACILITY
A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior), or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by an approved state program as determined by the Secretary of the Interior.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE
Market value of the structure shall be determined by the appraised value of the structure prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring.
MEAN SEA LEVEL (MSL)
For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION
Structures for which the "start of construction" commenced on or after April 18, 1980, the effective date of the ordinance intended to bring the Town of Orange into conformity with minimum standards necessary to enable the Town to continue participation in the National Flood Insurance Program, and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P L 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the state of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facility or infrastructure.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during a one-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement, or, in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
VARIANCE
A grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
VIOLATION
Failure of a structure or other development to be fully compliant with the community's floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or ravine areas.

Article III. General Provisions

§ 223-6. Land to which this chapter applies.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Orange.

§ 223-7. Basis for establishing the areas of special flood hazard.

[Amended 5-10-2017]
The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for New Haven County, Connecticut, dated May 16, 2017, and accompanying Flood Insurance Rate Maps (FIRM), dated May 16, 2017 (Panels 09009C0408J, 09009C0409J, 09009C0414J, 09009C0416J, 09009C0417J, 09009C0418J), July 8, 2013 (Panels 09009C0532J, 09009C0551J), and December 17, 2010 (Panels 09009C0412H, 09009C0419H, 09009C0428H, 09009C0436H, 09009C0438H), and other supporting data applicable to the Town of Orange and any subsequent revisions thereto, are adopted by reference and declared to be a part of this chapter. Since mapping is legally adopted by reference into this chapter, it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA. The area of special flood hazard includes any area shown on the FIRM as Zones A and AE, including areas designated as a floodway on a FIRM. Areas of special flood hazard are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on a Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. The FIS and FIRM are on file with the Town Clerk.

§ 223-8. Development permit required.

A development permit shall be required, in conformance with the provisions of this chapter, prior to the commencement of any development activities within areas of special flood hazard.

§ 223-9. Compliance.

No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.

§ 223-10. Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 223-11. Interpretation.

In the interpretation and application of this chapter all provisions shall be:
A. 
Considered as minimum requirements;
B. 
Liberally construed in favor of the governing body; and
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.

§ 223-12. Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Orange or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

Article IV. Administration

§ 223-13. Designation of chapter administrator.

The Town Engineer is hereby appointed to administer and implement the provisions of this chapter.

§ 223-14. Permit procedures.

Application for a development permit shall be made to the Town Engineer on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A. 
Application stage.
(1) 
An application for a development permit shall include the following:
(a) 
Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures included in § 223-17A;
(b) 
A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;
(c) 
A statement as to whether or not the proposed alterations to an existing structure meet the criteria of the substantial improvement definition in § 223-5;
(d) 
A statement as to whether there will be dry access to the structure during the one-hundred-year storm event.
(2) 
Where applicable, the following certifications by a registered engineer or architect are required, and must be provided to the Town Engineer. The design and methods of construction must be certified to be in accordance with accepted standards of practice, and with the provisions of Article V:
(a) 
No increase in floodway heights is allowed. Any development in a floodway must meet the provisions of § 223-17B;
(b) 
Structural anchoring must meet the provisions of § 223-18C and D.
B. 
Construction stage: Upon completion of the applicable portion of construction, the applicant shall provide verification to the Town Engineer of the following as is applicable:
(1) 
Lowest floor elevation.
(a) 
For a structure in a numbered A Zone, the lowest floor elevation is the top of the lowest floor (including basement) as set forth in § 223-17A.
C. 
Deficiencies detected during the review of the above listed shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause for the issuance of a stop-work order for the project.

§ 223-15. Duties and responsibilities of Town Engineer.

Duties of the Town Engineer shall include, but not be limited to:
A. 
Reviewing all permit applications to determine whether proposed building sites will be reasonably safe from flooding.
B. 
Reviewing all development permits to assure that the permit requirements of this chapter have been satisfied.
C. 
Advising permittees that additional federal or state permits may be required, and if specific federal or state permit requirements are known, requiring that copies of such permits be provided and maintained on file with the development permit. These may concern, without limiting the generality of the foregoing, Coastal Area Management, Water Diversion, Dam Safety, and Corps of Engineers 404.
D. 
Notifying the Regional Planning Agency and the affected municipality at least 35 days prior to the public hearing if any change of regulation or use of a flood zone will affect an area within 500 feet of another municipality.
E. 
Notifying adjacent communities and the Department of Environmental Protection, Water Resources Unit, prior to any alteration or relocation of a watercourse, and submitting evidence of such notification to the Federal Emergency Management Agency.
F. 
Assuring that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
G. 
Recording the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with § 223-17A.
H. 
Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where an apparent conflict arises between a mapped boundary and actual field conditions), the Town Engineer shall make the necessary interpretation. A person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided herein.
I. 
When base flood elevation data or floodway data have not been provided pursuant to § 223-7 hereof then the Town Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of Article V.
J. 
All records pertaining to the provisions of this chapter shall be maintained in the office of the Town Engineer.
K. 
The Town Engineer shall cause notice of the issuance of a development permit within 15 days of its issuance to be published in a newspaper having general circulation in the Town of Orange.
L. 
The Town Engineer may request floodway data of an applicant for watercourses without FEMA-published floodways. When such data is provided by an applicant or whenever such data is available from any other source (in response to the municipality's request or not), the community shall adopt a regulatory floodway based on the principle that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than one foot at any point within the community.
M. 
When BFEs have been determined within areas of special flood hazard on the community's FIRM but a regulatory floodway has not been designated, the Town Engineer must require that no new construction, substantial improvements, repair to structures which have sustained substantial damage or other development, including fill, shall be permitted which will increase the water surface elevation of the base flood more than one foot at any point within the community when all existing and anticipated development is considered cumulatively with the proposed development.

Article V. Provisions for Flood Hazard Reduction

§ 223-16. General standards.

In all areas of special flood hazard the following provisions are required:
A. 
New construction and substantial improvements shall be anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. 
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
C. 
New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
D. 
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
E. 
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
F. 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
G. 
On-site waste disposal systems shall be located and constructed so as to avoid impairment to them or contamination from them during flooding.
H. 
Manufactured homes:
(1) 
All manufactured (mobile) homes to be placed, substantially improved, or repaired as a result of substantial damage shall be elevated so that the lowest floor is above the base flood elevation. This includes manufactured homes outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an existing manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood.
(2) 
It shall be placed on a permanent foundation which itself is securely anchored and to which the structure is securely anchored so that it will resist floatation, lateral movement, and hydrodynamic and hydrostatic pressures. Anchoring may include, but not be limited to, the use of over-the-top or frame ties to ground anchors.
(3) 
It shall be installed using methods and practices which minimize flood damage.
(a) 
Adequate access and drainage should be provided.
(b) 
Elevation construction standards include the placement of piling foundations no more than 10 feet apart, and reinforcement of piers extending more than six feet above ground level.
(4) 
Recreational vehicles.
(a) 
Recreational vehicles placed on sites within all areas of special flood hazard shall either:
[1] 
Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use; or
[2] 
Meet all the general standards of § 223-16A through G and the elevation and anchoring requirement of § 223-16H(1), (2) and (3).
(b) 
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
I. 
In any portion of a watercourse which is altered or relocated, the flood-carrying capacity shall be maintained.
J. 
A structure already in compliance with the provisions of this chapter shall not be made non-compliant by any alteration, repair, reconstruction or improvement to the structure.

§ 223-17. Specific standards.

A. 
In all areas of special flood hazard, the following provisions are required:
(1) 
Residential construction:
(a) 
New construction of residential structures is prohibited in any one-hundred-year floodplain areas.
(b) 
Any substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least one foot above the base flood elevation.
(2) 
Non-residential construction: Any new construction or substantial improvement of any commercial, industrial, or non-residential structure located in the area of special flood hazard shall have the lowest floor, including basement, elevated to at least one foot above the level of the base flood elevation.
B. 
Floodways: Located within areas of special flood hazard established in § 223-7 are areas designated as floodways on the community's Flood Insurance Rate Map or as determined in § 223-15I. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris and potential projectiles and which have erosion potential, encroachments, including fill, new construction, substantial improvements and other developments are prohibited, unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that the proposed encroachments shall not result in any (0.00 feet) increase in flood levels during occurrence of the base flood discharge. Fences in the roadway must be aligned with the flow and be of an open design.
C. 
Compensatory storage: The water-holding capacity of the floodplain, except those areas which are tidally influenced, shall not be reduced. Any reduction caused by filling, new construction or substantial improvements involving an increase in footprint to the structure shall be compensated for by deepening and/or widening of the floodplain. Storage shall be provided on-site, unless easements have been gained from adjacent property owners; it shall be provided within the same hydraulic reach and a volume not previously used for flood storage; it shall be hydraulically comparable and incrementally equal to the theoretical volume of flood water at each elevation, up to and including the one-hundred-year flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Compensatory storage can be provided off-site if approved by the municipality.
D. 
Equal conveyance: Within the floodplain, except those areas which are tidally influenced, as designated on the Flood Insurance Rate Map (FIRM) for the community, encroachments resulting from filling, new construction or substantial improvements involving an increase in footprint of the structure are prohibited unless the applicant provides certification by a registered professional engineer demonstrating, with supporting hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that such encroachments shall not result in any (0.00 feet) increase in flood levels (base flood elevation). Work within the floodplain and the land adjacent to the floodplain, including work to provide compensatory storage, shall not be constructed in such a way so as to cause an increase in flood stage or flood velocity.

§ 223-18. Standards for development in areas of shallow flooding (Zones AO).

Located within the areas of special flood hazard are areas designated as shallow flooding areas (AO Zones). These areas have flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In AO Zones, the following provisions apply:
A. 
For residential structures, all new construction, substantial improvements and repair to structures that have sustained substantial damage shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade.
B. 
For non-residential structures, all new construction, substantial improvements and repair to structures that have sustained substantial damage shall:
(1) 
Have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or
(2) 
Together with attendant utility and sanitary facilities, be completely flood-proofed to or above the depth number, in feet, specified on the FIRM above the highest adjacent grade, or if no depth number is specified, at least two feet above the highest adjacent grade, so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Designs for complying with this requirement must be certified by either a Connecticut licensed professional engineer or architect.
C. 
On-site drainage for all proposed structures in AO Zones located on slopes shall provide adequate drainage paths to guide flood waters around and away from such structures.

Article VI. Standards for Subdivision Proposals

§ 223-19. Subdivision proposal requirements.

In all special flood hazard areas the following requirements shall apply:
A. 
All subdivision proposals shall be consistent with the need to minimize flood damage;
B. 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
C. 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and
D. 
In Zone A, base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which are five acres or 50 lots, whichever is lesser.

Article VII. Variance Provisions

§ 223-20. Appeals and requests for variances.

A. 
The Board of Selectmen as established by the Town of Orange shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. 
The Board of Selectmen shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Town Engineer in the enforcement or administration of this chapter.
C. 
Any person aggrieved by a decision of the Board of Selectmen or any person owning land which abuts or is within a radius of 100 feet of the land in question may appeal within 15 days after such decision to the State Superior Court for the Judicial District of Ansonia-Milford, in the same manner as provided in Section 8-8 of the General Statutes of Connecticut.

§ 223-21. Specific situation variances.

A. 
Buildings on an historic register. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or on the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for § 223-22C, provided that the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical character.
B. 
Pre-existing small lot locations. Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with § 223-22C.
C. 
Functionally dependent uses. Variances may be issued for new construction and substantial improvements and other development necessary for the conduct of a functionally dependent use, provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety, and meet the requirements of § 223-22C.
D. 
Floodway prohibition: Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

§ 223-22. Considerations for granting of variances.

A. 
In passing upon such applications, the Board of Selectmen shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
(1) 
The danger that materials may be swept onto other lands to the injury of others;
(2) 
The danger to life and property due to flooding or erosion damage;
(3) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) 
The importance of the services provided by the proposed facility to the community;
(5) 
The necessity of waterfront location to the facility, in the case of a functionally dependent facility;
(6) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) 
The compatibility of the proposed use with existing and anticipated development;
(8) 
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) 
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
(11) 
The costs of providing governmental services during and after the flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
B. 
Upon consideration of the factors listed above and of the purposes of this chapter, the Board of Selectmen may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
C. 
Conditions for variances:
(1) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of an historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.
(2) 
Variances shall only be issued upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in exceptional hardship; and
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisance, fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(3) 
Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation up to amounts as high as $25 for $100 of insurance coverage.
(4) 
The Town Engineer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

Article VIII. Enforcement

§ 223-23. Penalties for offenses.

Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements, upon conviction thereof shall be fined not more than $100 per day for each day of violation, and, in addition, shall pay all costs and reasonable legal fees involved in the case. Nothing herein contained shall prevent the Town of Orange from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 223-24. Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect; and to this end the provisions of this chapter are hereby declared to be severable.

Chapter 227. Food-Handling Establishments

[HISTORY: Adopted by the Town of Orange as indicated in article histories. Amendments noted where applicable.]

Article I. Licensing of Places Serving Foods or Beverages Covered by State Public Health Code

[Adopted 4-20-1993; amended in its entirety 3-14-2012]

§ 227-1. Purpose.

This article is to be in aid of enforcement of Section 19-13B42, Section 19-13-b48 and Section 19-13b49, inclusive, of the Public Health Code of the State of Connecticut and of any amendments thereof hereafter adopted, all of which deal with sanitation of restaurants, food operations and other places preparing and serving foods or beverages.

§ 227-2. Definitions.

As used in this article, the following terms shall have the meanings indicated:
FOOD OPERATIONS
Include but are not limited to itinerant vendors who transport food for the purpose of retail sale within the Town, temporary food service operations and caterers whose fixed base of operation is located within the Town's boundaries.
FOODS OR BEVERAGES
Potentially hazardous foods and drinks which consist in whole or in part of milk, milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
NOT-FOR-PROFIT ORGANIZATION
One whose net earnings do not inure in whole or in part, directly or indirectly, to the benefit of any private owner, shareholder, partner or member.
PUBLIC EVENT
One to which the general public is invited by advertisement or advertisements circulated or directed to the public at large and regardless of whether money is exchanged for food purchases.
RESTAURANT
A public eating place where food and beverages are handled, prepared, dispensed or served on the premises, including, but not limited to, a coffee shop, tea room, cafeteria, short-order cafe, tavern, luncheonette, hotel dining room, institutional kitchen, delicatessen and other similar eating and drinking establishments.
TEMPORARY FOOD SERVICE OPERATIONS
Include but are not limited to carnivals, fairs, festivals and public events where food and beverages are prepared and served at the event for not more than 14 consecutive days.

§ 227-3. License required.

No person, firm or corporation shall maintain or operate any restaurant, food operation or other place preparing and serving foods or beverages within the Town of Orange until licensed so to do under the provisions of this article.

§ 227-4. Application for license; fees.

A. 
Application for a license to maintain or operate a restaurant, food operation or other place preparing and serving foods or beverages shall be made to the Director of Health of the Town of Orange, or Sanitarian on forms furnished by the Town, and in it the applicant shall state his name, address, location of the restaurant, food operation or other place serving foods or beverages he intends to operate, and give such other pertinent information as the Director of Health may require.
B. 
Fees.
(1) 
At the time of filing such application, the applicant shall pay to the Town the following fees:
(a) 
Application fee: $10.
(b) 
Food service establishment license.
Type of Permit
Fee
Restaurants as classified by the Public Health Code
Class I
$75
Class II
$100
Class III
$175
Class IV
$225
Caterers and itinerant vendors
$100
Temporary food service operation:
Not-for-profit
$10
For-profit
$50
(2) 
The license fee for restaurants, caterers and itinerant vendors shall be for one year and shall be returned to the applicant if the license is not granted. All licenses shall be renewed on or before July 1 of each year by payment of the then-applicable license fee.
(3) 
The fee for a temporary food service operation shall be for the length of time of the temporary event. The fee shall be returned to the applicant if the license is not granted. The license fee shall be paid prior to the temporary event.

§ 227-5. Failure to comply.

Any restaurant, food operation or place preparing and serving foods or beverages in the Town of Orange which fails to comply with the provisions of the Public Health Code of the State of Connecticut or this article shall be declared to be a nuisance.

§ 227-6. Inspections; enforcement.

The Director of Health of the Town of Orange or the Sanitarian shall inspect the premises described in the application. If the premises are maintained and equipped in accordance with the applicable rules and regulations described in the Public Health Code and the applicant is otherwise in compliance with this article, the license shall be granted and it shall be signed by said Director of Health or Sanitarian. Such license must be framed and posted in a conspicuous location within easy reading distance of patrons within the licensed premises or principal location of the food operation. The Sanitarian shall inspect each restaurant, food operation or place preparing and serving foods or beverages the number of times prescribed by the Public Health Code. The Sanitarian shall make as many additional inspections and reinspections as are necessary for the enforcement of the Public Health Code of the State of Connecticut and this article. Inspection reports shall be recorded on forms supplied by the State Department of Health Services, and a copy of such forms shall be furnished to the owner or operator at the completion of the inspection. Enforcement of this article shall be in accordance with Section 19-13-B42(t), Section 19-13-B48(1) and Section 19-13-B49(u) of the Public Health Code except where herein noted. When a particular violation or group of violations of said Public Health Code appears on more than two consecutive inspection reports, the licensee may be cited to appear for a hearing before the Director of Health, who shall hear all facts pertaining to the matter and after such hearing shall have the power to revoke said license or to suspend it for such period as shall be deemed appropriate under the circumstances. There shall be no charge for the number of inspections prescribed by the Public Health Code as described in this section. A fee of $75 shall be charged for each additional inspection or reinspection beyond the number of inspections prescribed by the Public Health Code and shall be paid at the time of license renewal.

§ 227-7. Submission of plans.

Whenever a restaurant or catering establishment is to be constructed or remodeled, or whenever an existing structure is to be altered for use as a restaurant or catering establishment, properly prepared plans, drawn to scale, and specifications for such construction, remodeling or alteration shall be submitted to the Director of Health or Sanitarian for review and approval before such construction, remodeling or alteration is begun. No restaurant or catering establishment shall be constructed, remodeled, or altered except in accordance with plans and specifications approved by the Director of Health or Sanitarian; and no license shall be issued without said approval. The fee for a plan review shall be $100.

§ 227-8. Penalties for offenses.

Any person, firm or corporation maintaining or operating any restaurant, food operation, or place serving foods or beverages without being licensed under the provisions of this article shall be fined not more than $250. Each day of operation without a license shall constitute a separate violation. Violation of this article may subject said person, firm or corporation to the provisions of § 19a-206 of the Connecticut General Statutes.

Article II. Licensing of Establishments Selling Foodstuffs

[Adopted 4-20-1993; amended in its entirety 3-14-2012]

§ 227-9. Purpose.

This article is to be in aid of enforcement of Section 19-13-B40 of the Public Health Code of the State of Connecticut and of any amendments thereof hereafter adopted which deal with sanitation of foodstuffs.

§ 227-10. Applicability.

This article shall pertain to those persons, firms or corporations which sell, offer for sale or keep for sale at retail at a fixed location, any groceries, baking products, confectioneries, meats, fish, vegetables or fruits in the Town of Orange.

§ 227-11. Exceptions.

Excluded from this article are those establishments covered by the Town of Orange Ordinance Requiring Licensing of Places Serving Foods or Beverages Covered by State Public Health Code.[1]
[1]
Editor's Note: See Art. I of this chapter.

§ 227-12. License required.

No person, firm or corporation shall maintain or operate any establishment selling foodstuffs within the Town of Orange until licensed so to do under the provisions of this article.

§ 227-13. Application for license; fees.

Application for a license to maintain or operate an establishment selling foodstuffs shall be made to the Director of Health or Sanitarian on the forms furnished by the Town, and in it the applicant shall state his name, address, the address of his place of business, and give such other pertinent information as the Director of Health may require.
A. 
At the time of filing such application, the applicant shall pay to the Town the following fees:
(1) 
Application fee: $10.
(2) 
License fees.
Retail Floor Area
Fee
Up to and including 2,000 square feet
$150
2,001 square feet and over
$250
B. 
The fee shall be the license fee for one year and shall be returned to the applicant if a license is not granted. All licenses shall be renewed on or before July 1 of each year by payment of the then-applicable license fee.

§ 227-14. Failure to comply.

Any establishment to which this article applies which fails to comply with the provisions of Section 19-13-B40 of the Public Health Code of the State of Connecticut shall be declared to be a nuisance.

§ 227-15. Inspections.

The Director of Health of the Town of Orange or the Sanitarian shall inspect the premises described in the application and, if the same are maintained and equipped in accordance with Section 19-13-B40 of the Public Health Code of the State of Connecticut, shall grant the license, which shall be signed by said Director of Health or Sanitarian. Such license must be framed and posted in a conspicuous location within easy reading distance of patrons within the licensed premises. The Sanitarian shall inspect each food-handling establishment the number of times prescribed by the Public Health Code and shall make as many additional inspections and reinspections as are necessary for enforcement of that Code. Copies of inspection reports shall be furnished to the owner or operator at the completion of each inspection. When a particular violation or group of violations of Section 19-13-B40 of the Public Health Code appears on more than two consecutive inspection reports, the licensee of the establishment may be cited to appear for a hearing before the Director of Health of the Town, who shall hear all facts pertaining to the matter and after such hearing shall have the power to revoke said license or to suspend it for such period as shall be deemed appropriate under the circumstances.

§ 227-16. Inspection fees.

There shall be no charge for the number of inspections prescribed by the Public Health Code. A fee of $75 shall be charged for each additional inspection or reinspection beyond the number of inspections prescribed by the Public Health Code and shall be paid at the time of license renewal.

§ 227-17. Submission of plans.

Whenever a food-handling establishment is to be constructed or remodeled, or whenever an existing structure is to be altered for use as a food-handling establishment, properly prepared plans drawn to scale and specifications for such construction, remodeling, or alteration shall be submitted to the Director of Health or Sanitarian for review and approval before such construction, remodeling or alteration is begun. No food-handling establishment shall be constructed, remodeled, or altered except in accordance with plans and specifications approved by the Director of Health or Sanitarian; and no license shall be issued without said approval. The fee for a plan review shall be $100.

§ 227-18. Penalties for offenses.

Any person, firm or corporation operating an establishment selling foodstuffs without a license under the provisions of this article shall be fined not more than $250. Each day of operation without a license shall constitute a separate violation. Violation of this article may also subject said person, firm or corporation to the provisions of Section 19a-206 of the Connecticut General Statutes.

Chapter 233. Fuel-Efficient Vehicles

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 1-9-2008[1]. Amendments noted where applicable.]
GENERAL REFERENCE
Vehicles and traffic — See Ch. 366.
[1]
Editor's Note: This ordinance also provided that it shall become effective 10-1-2008.

§ 233-1. Exemption granted.

Pursuant to Section 19 of Connecticut Public Act No. 07-242, any high-mileage motor vehicle that is exempt from sales and use taxes under subdivision (110) of § 12-412 of the Connecticut General Statutes shall be exempt from local property taxes.

§ 233-2. Definitions.

As used in this chapter, the following terms shall have the meaning indicated:
HIGH-MILEAGE MOTOR VEHICLE
Any passenger car that has a United States Environmental Protection Agency estimated city gasoline mileage rating of at least 40 miles per gallon.

§ 233-3. Application for exemption; applicability.

Applications for such exemption shall be filed annually with the Town Assessor's office, in such manner and including such information as required by the Town Assessor, no later than November 1 immediately following the assessment date with respect to which such exemption is claimed. For vehicles registered after October 1, but prior to July 31 immediately following, application must be made 30 days after the initial date of registration. This section shall be applicable with respect to the assessment year which commences October 1, 2008.

§ 233-4. Expiration.

Pursuant to Section 19 of the Connecticut Public Act No. 07-242, this chapter shall expire on July 1, 2010.

Chapter 236. Gas-Burning Equipment

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 6-30-1953. Amendments noted where applicable.]

§ 236-1. License of installers.

A. 
No person, persons, firm or corporation shall engage in the business of installing oil-burning or liquid petroleum gas or any type of natural- or manufactured-gas-burning equipment in the Town of Orange unless licensed so to do by the Fire Marshal of the town.
B. 
Before the Fire Marshal shall issue any such license an applicant therefor shall file with him an application in writing giving the name and place of business of said applicant, stating other facts concerning qualifications of the applicant as may be required by the Fire Marshal in order that the ability of the applicant be tested. Each such application shall be accompanied by a fee of $10, payable to the Town of Orange. Within a reasonable time after receipt of such application the Fire Marshal shall issue a license to such applicant unless he decides there is a reasonable cause for not doing so. Each license shall be for the fiscal year beginning on the first day of May in each year and ending on April 30th in each year. Any such license may be renewed if application is made therefor and a fee of $10 paid within 30 days after the first day of May following the expiration of the term of a prior license. No license shall be transferable and any license may be revoked by the Selectmen on recommendation of the Fire Marshal if the holder thereof has willfully violated the provisions of the statutes of the State of Connecticut or regulations in aid thereof made by the State Fire Marshal or of the terms of this chapter.

§ 236-2. Installation permits.

A. 
Each holder of a license, before installing any oil-burning or liquid petroleum gas or any type of material or manufactured-gas-burning equipment, shall file with the Fire Marshal of the town, upon forms furnished by him for that purpose, an application for an installation permit and if required by said Fire Marshal, submit plans for the work or a sketch of the same. No work of installing any such equipment shall be done without a permit issued by said Fire Marshal and such permit shall be issued upon application if the plans therefor are found by the Fire Marshal to be in accordance with the standards required by the laws of the State of Connecticut, the regulations issued by the State Fire Marshal and the provisions of this chapter. Each such application for an installation permit shall be accompanied by a fee of $5 payable to the Town of Orange.
B. 
No change or modification shall be made in plans for which a permit shall have been issued without approval in writing by the Fire Marshal of the town.

§ 236-3. Inspection.

When any new installation is completed, ready for inspection, the installer shall give notice to the Fire Marshal stating when the installation will be ready for inspection and the Fire Marshal shall promptly inspect the same not later than two days after receipt of such notice, exclusive of Saturdays, Sundays and holidays.

§ 236-4. Defects.

A. 
The person, partnership or company to whom such installation permit shall have been issued shall rectify all parts of the installation found by the Fire Marshal of the town upon inspection to violate the statutes, the regulations issued by the State Fire Marshal and this chapter, and shall do so immediately in any case where the Town Fire Marshal shall have given notice of imminent danger and, in any event, within five days, exclusive of Saturdays, Sundays and holidays.
B. 
Whenever it is necessary for the Fire Marshal to make additional inspections because of faulty construction an additional fee of $2 shall be paid by the permittee for each such additional inspection.

§ 236-5. Burners, fuel tanks and vents.

A. 
All oil burners, and oil fired heating units and liquid petroleum gas units shall be of a type listed as approved by the State Fire Marshal.
B. 
All tanks must be approved by the local Fire Marshal. Any tank bearing the manufacturer's label or the label of the Underwriters Laboratories, Inc., shall be deemed sufficient for approval by the local Fire Marshal without independent tests being made thereof satisfactory to him. All tanks, filler and vent pipes shall be installed so as to comply with the general statutes and the Connecticut Fire Safety Code.

§ 236-6. Penalties for offenses.

Any person, firm, or corporation violating any of the provisions of this chapter which do not constitute violations of the state statutes or State Fire Safety Code shall be fined not more than $100 and any violations of the state statutes and of the State Fire Safety Code shall be subject to the penalties provided in said state laws and State Fire Safety Code, respectively.

Chapter 270. Land Use Applications

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 12-14-1993; amended in its entirety 6-7-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 223.
Inland wetlands and water courses regulations — See Ch. 381.
Subdivision regulations — See Ch. 382.
Zoning — See Ch. 383.

§ 270-1. Application fees.

[Amended effective 2-1-2010]
A. 
Site plan application: base fee $730, plus $55 per every 10 new/additional parking spaces or fraction thereof (includes final inspection fee of $250 for certificate of occupancy).
B. 
Special use permit: base fee $580, plus $55 per every 10 new/additional parking spaces or fraction thereof.
C. 
Temporary special permit for excavation and/or filling of earth materials: base fee $480 for the first 400 to 1,000 cubic yards plus $10 for each 1,000 cubic yards or fraction thereof beyond the initial 1,000 cubic yards.
D. 
Petition to amend Zoning Regulations/Zoning Map: base fee $580.
E. 
Subdivision or resubdivision application: base fee $580, and $55 per lot.
F. 
Planned residential development application: base fee $580, plus $280 per unit.
G. 
Sedimentation and erosion control application: base fee $305.
H. 
Application for the conversion of single-family dwellings to accommodate elderly apartments: base fee $230.
I. 
Zoning Board of Appeals: residential: $100; all other districts: $150.
J. 
Special permit application for public sale and/or processing of agricultural products: base fee $405.
K. 
Sign application: base fee $195.
L. 
Construction of single-family dwelling: base fee $355 (includes final inspection fee of $50 for certificate of occupancy).
M. 
Application for addition to an existing dwelling and/or accessory structure in an RES District: base fee $155.

§ 270-1.1. Doubling of fees in certain circumstances.

Permit fees shall be doubled if an application is submitted as the result of a Zoning Enforcement action, and/or site or building work, which has commenced without required Town of Orange zoning permits and approvals.

§ 270-2. Fees for outside consultants.

If, during the review process of any of the above listed applications, the Commission deems it necessary to retain an outside expert or consultant, the applicant shall bear the cost of these services.

§ 270-3. Base fees.

Base fees include a surcharge of $60 for the Connecticut Conservation Commission (Public Act 92-235).

§ 270-4. Inspection fees.

Final inspection fees for the issuance of a certificate of occupancy are included in the base fees for site plans and residential dwelling applications.

Chapter 276. Littering

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange, effective 3-18-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 331.

§ 276-1. General prohibitions.

No person, firm or corporation shall:
A. 
Deposit, or cause to be deposited, or retain, or cause to be retained, any litter within the boundaries of a public highway or any other public property in the Town of Orange provided this section shall not apply to materials lawfully deposited in a municipally-regulated or operated dumping area; or
B. 
Deposit, or cause or permit to be deposited, or retain, or cause or permit to be retained, any litter on any private property in the Town of Orange, provided this section shall not apply to materials deposited under written permission obtained in advance from the Director of Health and the owner of the land.

§ 276-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
LITTER
Any discarded, used or unconsumed substance or waste material, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material which has not been deposited in a litter receptacle, in any quantity, whether or not noxious, of every nature or kind. Litter as used in this chapter also includes but is not limited to any substance or material classified as hazardous waste by the State of Connecticut Department of Environmental Protection (DEP).

§ 276-3. Commercial and retail properties to provide trash receptacles.

A. 
In order to aid in the disposition of litter in the Town of Orange, all owners of commercial or retail property, open to the public, which by the nature of the operation could cause a litter problem, including but not limited to grocery stores, carry-out food operations, and shopping centers, are required to locate covered trash containers conveniently throughout the parking lot in quantities listed below:
Number of Parking Spaces Provided
Number of Trash Containers Required
1 to 25
1
26 to 50
2
51 to 100
4
101 to 200
5
201 to 400
6
For each additional 200 parking spaces
1
B. 
All such trash containers shall be permanently affixed to structures or fixtures on the premises, whenever possible, to avoid or reduce risk of vandalism.

§ 276-4. Person responsible for abatement of litter nuisance.

Each property owner to which § 276-3 of this chapter applies shall have on file with the Sanitarian of the Town of Orange, the name, address and phone number of the person or agent responsible to abate any litter nuisances on said property.

§ 276-5. Violation notice.

Upon investigation, inspection or complaint, the Director of Health or Sanitarian of the Town of Orange shall cause to be served upon the owner, or occupant, or any agent of either, of any land or property upon which any violation of § 276-1B has occurred, written notice, directing removal of the litter in question within seven days after service of such notice, or shall cause the posting of such notice in a prominent place upon said premises whenever the owner, or occupant, or any agent of either, reasonably cannot be located.

§ 276-6. Penalties for offenses.

Any person, firm or corporation violating any provision of this chapter shall be fined not less than $10 or more than $100 for each violation. Each act committed in violation of § 276-1A and each day of continuing violation of the same shall constitute a separate violation. Each day of noncompliance after the expiration of the notice period set forth in § 276-5 shall constitute a separate violation.

§ 276-7. Private dumping areas.

Nothing in this chapter shall be construed as permitting the establishment or maintenance of private dumping areas.

§ 276-8. Designation of enforcing officer.

The Sanitarian is empowered to initiate inspections and investigations, and shall receive information and complaints concerning compliance with this chapter.

Chapter 281. Massage Establishments

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 8-18-1981; amended in its entirety 3-14-2012. Subsequent amendments noted where applicable.]

§ 281-1. Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
EMPLOYEE
Any and all persons, other than masseurs or masseuses, who render any service to the permittee of a massage establishment.
MASSAGE
Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without any such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT
Any business establishment where any person, as defined in this section, engages in or carries on or permits to be engaged in or carried on the practice of massage as defined in this section.
MASSEUR AND MASSEUSE
The masculine and feminine form, respectively, for any individual, who, for any consideration whatsoever, engages in the practice of massage as defined in this section.
PERSON
Any individual, co-partnership, firm, association, joint-stock company, corporation, or combinations of individuals of whatever form or character.
RECOGNIZED SCHOOL
Any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study not less than 70 hours to be given in not more than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.

§ 281-2. Permits required.

It shall be unlawful for any person to engage in, conduct or carry on or permit to be engaged in, conducted or carried on, in or upon any premises in the Town of Orange, whether as owner, manager, operator or otherwise, the operation of a massage establishment as herein defined without having first obtained a massage establishment permit as hereinafter set forth. It shall be unlawful for any person, including but not limited to a massage establishment permittee, to engage in massage as herein defined without having first obtained a masseur or masseuse permit as hereinafter set forth.

§ 281-3. Massage establishment application and fee.

Each applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Chief of Police or his designate upon a form provided by said Chief of Police and shall pay a filing fee of $ 125, which shall not be refundable.

§ 281-4. Required information.

The application for a permit to operate a massage establishment shall contain the following:
A. 
Exact nature of the massage to be administered.
B. 
The proposed place of business and facilities therein.
C. 
Name and resident address of the applicant, and of each owner, manager and/or operator of the proposed establishment.
D. 
Written evidence that the applicant is at least 18 years of age.
E. 
Business, occupation or employment of the applicant for three years immediately preceding the date of the application.
F. 
Proof of any previous massage or similar business permit or license, the date and place of such permit or license and whether the same has ever been revoked or suspended and, if so, the reason therefor.
G. 
Whether the applicant has ever been convicted of any crime. If such person has been so convicted, the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction.
H. 
Fingerprints and photograph taken by the Orange Police Department at the time of application.

§ 281-5. Notice of public hearing.

Upon the filing of an application for a massage establishment permit under this chapter, the Board of Selectmen shall fix the time and place for a public hearing where the applicant may present evidence upon the question of his application. Not less than 10 days before the date of such hearing, the Board of Selectmen shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed massage establishment is to be operated. The applicant shall maintain said notice posted for the required number of days.

§ 281-6. Health and sanitation standards.

No permit to conduct a massage establishment shall be issued without certification in writing to the Chief of Police or his designate by the Director of Health or his authorized representative that the establishment complies with each of the following minimum requirements:
A. 
Rooms used for toilets, tubs, steam baths, and showers shall be waterproofed with approved waterproof materials.
B. 
Toilet facilities shall be provided in convenient locations. When five or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per section shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time; provided, however, that in a men's toilet facility, urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated herein.
C. 
Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.

§ 281-7. Compliance required; criteria for disapproval of permit.

The Chief of Police or his designate shall not issue a massage establishment permit following the hearing as set forth in § 281-5 herein unless all requirements for said permit described in this chapter are met and shall not issue said permit if he finds:
A. 
That the operation as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the Public Health Code of the State of Connecticut, the Building, Health, Town Planning, Housing, Zoning and Fire Codes, ordinances and regulations of the Town of Orange.
B. 
That the applicant and/or any other person who will be directly engaged in the management and operation of the massage establishment has been convicted of:
(1) 
A felony.
(2) 
An offense involving sexual misconduct.
(3) 
Obscenity.
(4) 
Keeping or residing in a house of assignation, lewdness or prostitution.
(5) 
Solicitation of a lewd or unlawful act, prostitution or pandering.
(6) 
False statement.

§ 281-8. Term of permit; renewal fee.

A permit to maintain, operate or conduct a massage establishment shall be good for one year from the date of issue but shall be subject to revocation as set forth in § 281-9 herein. The renewal fee for said permit shall thereafter be $50 per year.

§ 281-9. Revocation or suspension of permit.

Violation of any of the provisions of this chapter by or conviction of any offense set forth in § 281-7B herein of, the permittee, any employee of the permittee or any masseur or masseuse employed by the permittee shall be grounds for revocation or suspension by the Chief of Police or his designate of said permittee's massage establishment permit. The conviction of any patron of the massage establishment of any offense set forth in § 281-7B herein, if said offense occurred on the massage establishment premises, shall also be grounds for revocation by the Chief of Police or his designate of a massage establishment permit. Before revoking or suspending any permit, the Chief of Police or his designate shall give the permittee at least 10 days' written notice of the specific charges against him and the opportunity for a public hearing before the Board of Selectmen, at which time the permittee may present evidence bearing upon said charges.

§ 281-10. Masseur or masseuse permit application and fee.

Each applicant for a masseur or masseuse permit shall file an application with the Chief of Police or his designate upon a form provided by said Chief of Police and shall pay a filing fee of $25, which shall not be refundable.

§ 281-11. Application for masseur or masseuse permit; information required.

The application for a masseur or masseuse permit shall contain the following:
A. 
Name and resident address.
B. 
Social Security number.
C. 
Written evidence that the applicant is at least 18 years of age.
D. 
Business, occupation or employment of the applicant for three years immediately preceding date of application.
E. 
Proof of any previous masseur or masseuse permit or license, the date and place of such permit or license and whether the same has ever been revoked or suspended, and, if so, the reason therefor.
F. 
Name and address of the recognized school attended, the date of graduation or course completion, and a copy of the diploma or certificate of graduation awarded the applicant showing that the applicant has successfully completed not less than 70 hours of instruction.
G. 
A certificate from a physician licensed to practice in the State of Connecticut stating that the applicant has been examined and found to be free of any contagious or communicable disease and showing that the examination was conducted within 30 days prior to the submission of the application.
H. 
Whether the applicant has ever been convicted of any crime. If such person has been so convicted, the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction.
I. 
Fingerprints and photograph taken by the Orange Police Department at time of application.

§ 281-12. Criteria for approval.

The Chief of Police or his designate shall not issue a masseur or masseuse permit unless all requirements for said permit described in this chapter are met, and shall not issue said permit if he finds that the applicant has been convicted of:
A. 
A felony.
B. 
An offense involving sexual misconduct with minors.
C. 
Obscenity.
D. 
Keeping or residing in a house of assignation, lewdness or prostitution.
E. 
Solicitation of a lewd or unlawful act, prostitution or pandering.
F. 
False statement.

§ 281-13. Term of permit; renewal fee.

A masseur or masseuse permit shall be good for one year from the date of issue but shall be subject to revocation as set forth in § 281-14 herein. The renewal fee for said permit thereafter shall be $10 per year. Application for renewal shall be accompanied by an updated certificate of health as required in § 281-11G.

§ 281-14. Revocation or suspension of permit; public hearing.

Violation of any of the provisions of this chapter by or conviction of any offense set forth in § 281-12 herein of a masseur or masseuse shall be grounds for revocation or suspension of said masseur's or masseuse's permit by the Chief of Police or his designate. Before revoking or suspending any masseur or masseuse permit, the Chief of Police or his designate shall give the masseur or masseuse at least 10 days' written notice of the specific charges against him or her and the opportunity for a public hearing before the Board of Selectmen, at which time the permittee may present evidence bearing upon said charges.

§ 281-15. Requirements for massage establishments.

Operation of a massage establishment that does not conform to the following requirements is prohibited:
A. 
Each massage establishment shall conform to all rules and regulations contained herein and the State Public Health Code as well as to such terms and conditions as the State Commissioner of Health Services and/or the Orange Director of Health finds necessary and proper.
B. 
Every portion of the massage establishment shall be maintained and operated in a clean, sanitary condition.
C. 
All employees, masseurs and masseuses shall be clean and shall wear clean outer garments, use of which is restricted to the massage establishment. Provisions for a separate dressing room for each sex must be available on the premises, with individual lockers for each employee, masseur and masseuse. Doors to such dressing rooms shall open inward and shall be self-closing.
D. 
All employees, masseurs and masseuses must be modestly attired. Diaphanous, transparent, form-fitting or tight clothing is prohibited. Clothing must cover every employee's, masseur's and masseuse's chest at all times.
E. 
Private parts of patrons must be covered by towels, cloth or undergarments when in the presence of any permittee, employee, masseur or masseuse. Any contact by a massage establishment permittee, employee, masseur or masseuse or another patron with a patron's genital area is prohibited.
F. 
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity, which sheets and towels shall be laundered after each use thereof and stored in a sanitary manner.
G. 
Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day business is in operation. Bathtubs shall be thoroughly cleaned after each use.
H. 
No massage establishment permittee shall place, publish, or distribute or cause to be placed, published or distributed any advertising material that depicts any person dressed in any manner other than described in Subsection D of this section, nor shall any massage establishment permittee indicate or cause to be indicated in the text of any advertising material that any services are available at or through the massage establishment other than those services described in the definition of "massage" in § 281-1 of this chapter.
I. 
Massage shall not be provided or performed except in a cubicle, room, booth or area within the massage establishment, which cubicle, room, booth or area has doors and walls such that all activity within said cubicle, room, booth or area is visible from outside the same. No massage service or practice shall be carried on within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked.
J. 
No massage establishment shall carry on or engage in conduct or conduct business on Sunday, and on any other days before 8:00 a.m. or after 11:00 p.m.
K. 
No alcoholic beverage or other intoxicant or drug shall be displayed, served, ingested, provided or sold on the premises of a massage establishment.
L. 
A full schedule of service rates shall be posted in a prominent place within the massage establishment in such a manner as to come to the attention of all patrons. Any charges other than the specified rates for specified massage services shall be prohibited. Patrons must be notified of the full cost prior to the rendering of any service.

§ 281-16. Daily register.

The permittee of a massage establishment shall keep a daily register, approved as to form by the Chief of Police or his designate, of all patrons with names, addresses and hours of arrival and, if applicable, the cubicles, rooms, booths or areas assigned. Said daily register shall at all times during business hours be subject to inspection by Health Department officials and by the Police Department and shall be kept on file for one year. The permittee of a massage establishment shall also maintain a daily register of all persons employed by said establishment, including the hours of work.

§ 281-17. Inspection; fee.

The Police Department, the Fire Department and the Department of Health, by their appropriate officers, shall from time to time, at least twice a year, make an inspection of each massage establishment in the Town of Orange for the purposes of determining compliance with the provisions of this chapter and other applicable laws and regulations. Such inspections shall be made at a reasonable time, in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. The annual fee for inspections made by the Department of Health is $50.

§ 281-18. Determination of nuisance.

Any person who owns or operates or causes to be operated a massage establishment in a manner that violates any section of the Public Health Code of the State of Connecticut shall be deemed to be maintaining a nuisance or source of filth injurious to the public health.

§ 281-19. Transferability of permit.

No permit shall be transferable; provided, however, that upon the death or incapacity of a massage establishment permittee, said massage establishment may continue in business for 30 days in order to allow the new owner, manager or operator to apply for a massage establishment permit in accordance with the application provisions of this chapter, and, if such application is made, during the pendency of the application.

§ 281-20. Exceptions.

This chapter does not apply to schools, hospitals, nursing homes, sanitariums, medical or physical therapy clinics, or to persons holding an unrevoked certificate to practice the healing arts under the laws of the State of Connecticut, or to persons working under the direction of any such person or in any such establishment.

§ 281-21. Additional rules and regulations.

The Chief of Police or his designate or the Director of Health may and hereby is authorized to make and enforce such additional or supplemental reasonable rules and regulations as may be deemed necessary to enforce and/or administer this chapter.

§ 281-22. Penalties for offenses.

Any person violating any provision of this chapter shall be fined not more than $100 for each violation. Each day of continuing violation shall constitute a separate violation. Violation of this chapter may also subject said person to the provisions of Section 19-79[1] of the Connecticut General Statutes whereby higher penalties may be assessed.
[1]
Editor's Note: Former § 19-79 of the Connecticut General Statutes was transferred to § 19a-206 in Gen. St., Rev. to 1983.

Chapter 289. Nightclubs

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 11-17-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 172.
Dance halls and other public entertainment — See Ch. 204.

§ 289-1. Sale, dispensing or consumption of alcoholic beverages.

The sale or dispensing or consumption or the presence in glasses or other receptacles suitable to permit the consumption of liquor by an individual of alcoholic liquor in places operating under nightclub permits is not permissible except during the first 15 minutes immediately following the closing time established under Section 30-91 of the Connecticut General Statutes for the other permits listed in Section 30-21a[1] of the Connecticut General Statutes and on the days allowed under such other permits.
[1]
Editor's Note: Former § 30-21a of the Connecticut General Statutes was repealed 1985, P.A. 85-380, § 11, eff. 7-1-1985.

§ 289-2. Violations; penalties for offenses.

A sale of alcoholic liquor in violation of this chapter shall be an unauthorized sale prohibited by Section 30-74 of the Connecticut General Statutes. Any person violating this chapter shall be subject to the penalties provided in Section 30-113 of the Connecticut General Statutes.

Chapter 290. Noise

[HISTORY: Adopted by the Board of Selectmen 9-18-2002; amended in its entirety 2-15-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 168.
Building construction — See Ch. 183.
Dance halls and other public entertainment — See Ch. 204.
Fireworks — See Ch. 219.
Solid waste — See Ch. 331.
Excavations of streets and highways — See Ch. 339.

§ 290-1. Findings.

A. 
Inadequately controlled noise presents a growing danger to the health and welfare of the residents of the Town of Orange.
B. 
The residents of the Town of Orange have a right and should be ensured an environment free from excessive sound and vibration that may jeopardize their health, safety, or welfare, or degrade the quality of life.
C. 
Certain activities by their nature create excessive noise and vibration, which, if left unregulated, affect the health, safety, welfare and quality of life of the residents of the Town of Orange.
D. 
The Town of Orange seeks to protect, preserve and promote the health, safety, welfare and quality of life of its residents by the regulation of certain uses, which, by their nature, create excessive noise.

§ 290-2. Objectives.

The objective of this chapter shall be to make it unlawful for any person to make, or continue to cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

§ 290-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BACKGROUND NOISE
Noise which exists at a point as a result of the combination of many distant sources, individually indistinguishable. In statistical terms, it is the level which is exceeded 90% of the time (L90) in which the measurement is taken.
BUSINESS ZONE
Those areas within the Commercial District, which are within 150 feet of a residential building within the Town, provided that the residential building preexisted the specific use within the business zone. The one-hundred-fifty-foot measurement shall be taken from the source of the noise generation to the closest point of the foundation of the residential building.
CHIEF OF POLICE
The Chief of Police of the Town of Orange or his/her designated officer or officers.
COMMERCIAL DISTRICT
The area of the Town of Orange designated by § 383-15 of the Zoning Regulations for the Town of Orange as "Commercial C-1 District," "Commercial C-2 District" and "Local Shopping Center LSC District" and established as shown on a map entitled "Zoning Map of the Town of Orange, Connecticut," dated June 21, 1971, revised August 25, 1971, including any special maps and boundary descriptions supplementary thereto and any amendments thereof. Within the Commercial District, there shall be a Business Zone as hereinabove defined.
CONSTRUCTION
Any and all physical activity of the site necessary or incidental to the erection, placement, demolishing, assembling, altering, blasting, cleaning, repairing, installing or equipping of buildings or other structures, roads, premises, parks, utility lines or other property, and shall include but not be limited to land clearing, grading, excavating, filling and paving except for any such activities with respect to public highways or roads.
DAYTIME HOURS
The hours between 7:00 a.m. and 9:00 p.m., Monday through Saturday, and the hours between 9:00 a.m. and 9:00 p.m. on Sunday.
DECIBEL
A unit of measurement of the sound level, the symbol for which is dB.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
EMITTER
The person who creates, causes to be created or allows the noise.
EXCESSIVE NOISE
Any sound, the intensity of which exceeds the standards set forth in this chapter.
IMPULSE NOISE
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay.
INTRUSION ALARM
A device with an audible signal which, when activated, indicates intrusion by an unauthorized person.
L90
The A-weighted sound pressure level exceeded 90% of the time period during which measurement was made.
LIGHT INDUSTRIAL DISTRICT
The area of the Town of Orange designated by § 383-15 of the Zoning Regulations for the Town of Orange as "Light Industrial District No. 1", "Light Industrial District No. 2" and "Light Industrial District No. 3" and established as shown on a map entitled "Zoning Map of the Town of Orange, Connecticut," dated June 21, 1971, revised August 25, 1971, including any special maps and boundary descriptions supplementary thereto and any amendments thereof.
MOTOR VEHICLE
A vehicle as defined in Connecticut General Statutes Section 14-1(51).
NIGHTTIME HOURS
The hours between 9:00 p.m. and 7:00 a.m. Sunday evening through Saturday morning, and between 9:00 p.m. and 9:00 a.m. Saturday evening through Sunday morning.
NOISE LEVEL
A frequency weighted sound pressure level as measured with a sound level meter using the A-weighting network. The level so read is designated dBA.
OFFICE PARK DISTRICT
The area of the Town of Orange designated by § 383-15 of the Zoning Regulations for the Town of Orange as "Office Park District" and "Business Office Park District" and established as shown on a map entitled "Zoning Map of the Town of Orange, Connecticut," dated June 21, 1971, revised August 25, 1971, including any special maps and boundary descriptions supplementary thereto and any amendments thereof.
PERSON
Any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency, or political or administrative subdivision of the state or other legal entity of any kind.
PREMISES
Any building, structure, land, or portion thereof, including all appurtenances, owned or controlled by a person.
PROPERTY MAINTENANCE EQUIPMENT
All engine- or motor-powered tools and equipment used occasionally in the repair and upkeep of exterior property and including, but not limited to, lawn mowers, riding tractors, wood chippers, power saws and leaf blowers.
PUBLIC EMERGENCY SOUND SIGNAL
A device, either stationary or mobile, producing an audible signal associated with a set of circumstances involving actual or imminent danger to persons or damage to property which demands immediate action.
PUBLIC FACILITY MAINTENANCE
All activity related to the clearing, cleaning, repair and upkeep of public roads, sidewalks, sewers, water mains, utilities and publicly owned property.
RECEPTOR
The person who receives the noise impact.
RECREATIONAL VEHICLE
Any internal-combustion-engine-powered vehicle which is being used for recreational purposes.
RESIDENTIAL DISTRICT
The area of the Town of Orange designated by § 383-15 of the Zoning Regulations for the Town of Orange and established as shown on a map entitled "Zoning Map of the Town of Orange, Connecticut," dated June 21,1971, revised August 25, 1971, including any special maps and boundary descriptions supplementary thereto and any amendments thereof.
SOUND
A transmission of energy through solid, liquid or gaseous media in the form of vibrations which constitute alterations in pressure or position of the particles in the medium and which, in air, evoke physiological sensations, including, but not limited to, an auditory response when impinging on the ear.
SOUND LEVEL METER
An instrument used to measure sound pressure levels. A sound level meter shall conform, as a minimum, to the operational specifications of the American National Standards Institute for sound level meters ANSI S1.4-1983 (R 1997) (Type 1).
SOUND PRESSURE LEVEL
Twenty times the logarithm to the base 10 of the ratio of the pressure of a sound to the reference pressure of 20 micro Pascals, expressed in decibel (dB) units.
ZONING ENFORCEMENT OFFICER
The duly appointed Zoning Enforcement Officer of the Town of Orange or his or her designee.

§ 290-4. Exclusions.

This chapter shall not apply to noise emitted by or related to:
A. 
Natural phenomena.
B. 
The sound made by any wild animal without amplification.
C. 
A bell or chime from any building clock, school or church.
D. 
A public emergency sound signal.
E. 
Warning devices required by OSHA or other state or federal safety regulations.
F. 
Farming equipment or farming activity.
G. 
An emergency.

§ 290-5. Exemptions.

The following shall be exempt from this chapter subject to the special conditions noted:
A. 
Noise created by the operation of properly maintained and properly functioning property maintenance equipment between daytime hours.
B. 
Noise generated by any equipment used in construction and operated outside of a fully enclosed building or structure or by the operation of any tools or equipment used in construction, drilling or demolition work or for cleaning and sweeping operations between daytime hours.
C. 
Noise created by any recreational activities which are sanctioned by the Town, including, but not limited to, parades, concerts and firework displays. Any equipment related to such recreational activities shall be properly maintained and properly functioning.
D. 
Noise created by a refuse collection vehicle designed for the mechanical lifting and dumping of dumpsters or other trash containers or a vehicle designed for cleaning or sweeping operations within the Town between daytime hours.
E. 
Noise created by a properly maintained and properly functioning fire or intrusion alarm, which from time of activation of the audible signal emits noise for a period of time not exceeding 10 minutes when such alarm is attached to a vehicle or 30 minutes when attached to any building or structure.
F. 
Noise created by public facility maintenance between daytime hours.
G. 
Noise created by snow removal, provided that such equipment shall be maintained in good repair so as to minimize noise, and noise discharge from exhausts shall be adequately muffled to prevent loud and/or explosive noises therefrom.
H. 
Noise generated by an authorized municipal or state construction project that occurs during daytime hours or nighttime hours.

§ 290-6. Noise level measurement procedures.

For the purpose of determining noise levels as set forth in this chapter, and set forth in Connecticut Regulations Section 22a-69-4, the following procedures shall be applicable:
A. 
A person conducting sound measurements shall have been trained in the techniques and principles of sound-measuring equipment and instrumentation.
B. 
Instruments used to determine sound level measurements shall be sound level meters as defined in this chapter.
C. 
The following steps shall be taken when preparing to take sound level measurements:
(1) 
The instrument manufacturer's specific instructions for the preparation and use of the instrument shall be followed.
(2) 
Measurements to determine compliance with this chapter shall, in those cases where a receptor is an abutter to the emitter, be taken at a point that is located more or less one foot beyond the boundary of the emitter's premises and at a point within the receptor's premises. In those cases where the receptor is not an abutter to the emitter, measurements to determine compliance with this chapter shall be taken at a point that is located more or less one foot within the boundary of the receptor's premises.
(3) 
The person conducting the testing shall prepare a written report to include, but not necessarily be limited to, such information as date, time, location, observation of conditions of the environment, such as identification of noise source, weather, traffic and other pertinent data.
D. 
The Zoning Enforcement Officer is charged with assisting in training efforts and with assisting emitters in their efforts to comply with the standards set forth herein.
E. 
The Town Planner and the Zoning Enforcement Officer are charged with the review of development proposals during the administrative review process to determine the potential for violation of this chapter and to assist potential emitters in their efforts to comply with the standards set forth herein.

§ 290-7. Noise levels; standards; sources.

A. 
Noise levels. It shall be unlawful for any person to emit or cause to be emitted any noise beyond the boundaries of his premises in excess of the noise levels established in this chapter.
B. 
Noise level standards. No person shall emit noise exceeding the levels stated herein.
District In Which Emitter Is Located
District In Which Receptor Is Located
Industrial
(dBA)
Commercial
(dBA)
Business Zone
(dBA)
Office Park
(dBA)
Residential Daytime Hours
(dBA)
Residential Nighttime Hours
(dBA)
Light Industrial
70
66
66
66
61
51
Commercial
62
62
62
62
55
45
Business
62
62
62
62
55
35
Office Park
62
62
62
62
55
45
Residential
62
55
55
55
55
45
C. 
Background noise and impulse noise.
(1) 
In those individual cases where the background noise levels caused by sources not subject to this chapter exceed the standards contained herein, a source shall be considered to cause excessive noise if the noise emitted by such source exceeds the background noise levels by five dBA, provided that no source subject to this chapter shall emit noise in excess of 80 dBA at any time, and provided that this subsection shall not be interpreted as decreasing the noise level standards of this chapter.
(2) 
No person shall cause or allow the emission of impulse noise in excess of 80 dB peak sound pressure level during nighttime hours.
(3) 
No person shall cause or allow the emission of impulse noise in excess of 100 dB peak sound pressure level at any time.
D. 
Short-term noise. In measuring compliance with the noise level standards, the following short-term noise level excursions over the noise level standards established by this chapter shall be allowed, and measurements within these ranges of established standards shall constitute compliance therewith.
Allowable Levels Above Standards
(dBA)
Time Period of Such Levels
(minutes per hour)
3
15
6
5
E. 
Existing noise sources. Existing noise sources constructed between January 1, 1960, and June 15, 1978, shall be provided a permanent five-dBA maximum noise level allowance over levels otherwise herein required regardless of subsequent changes in ownership or facility utilization processes at the location of the existing noise source. Existing noise sources constructed prior to 1960 shall be provided a permanent ten-dBA maximum noise level allowance over levels otherwise herein required regardless of subsequent changes in ownership or facility utilization processes at the location of the existing noise source.
F. 
Motor vehicle noise.
(1) 
All motor vehicles and recreational vehicles operated within the limits of the Town of Orange shall be subject to the noise standards and decibel levels as set forth in Section 14-80a-4a of the regulations of the State of Connecticut Department of Motor Vehicles, entitled "Allowable noise levels."
(2) 
No sound-amplifying devices on or within motor vehicles or recreational vehicles shall emit noise in excess of the noise levels as specified in this chapter.
G. 
Existing state law. Nothing in this chapter shall be construed to limit the powers of the police to enforce applicable state laws, including, but not limited to, breach of the peace, motor vehicle noise, or recreational vehicle noise.

§ 290-8. Enforcement.

The Chief of Police shall enforce the provisions of this chapter upon the complaint of an affected party or upon the discovery of an on-sight violation of this chapter.

§ 290-9. Penalties for offenses.

Any person who violates any provision of this chapter shall be subject to arrest and prosecution by the proper authorities and may be fined $100 for each offense. Each day in which violation of this chapter shall occur shall constitute a separate offense.

Chapter 294. Parks and Recreation

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Use of public property — See Ch. 307.

Article I. Wepawaug Conservation Area

[Adopted 5-8-1975]

§ 294-1. Policies and regulations.

The policies and regulations adopted at a meeting of the Orange Conservation Commission on April 28, 1975, are on file in the Town Clerk's office.

Article II. Playing of Golf on Public Property

[Adopted 5-19-1992]

§ 294-2. Adoption of provisions.

Adopted by the Board of Selectmen of the Town of Orange in accordance with its authority under Section 7-148 of the Connecticut General Statutes (see Appendix F).[1]
[1]
Editor's Note: Appendix F is on file in the Town offices.

Article III. High Plains Community Center Field

[Adopted 6-6-1996]

§ 294-3. Declaration of policy.

The Town of Orange has historically recognized the field surrounding High Plains Community Center ("HPCC") as an area generally available for public use by residents and by local private groups for a variety of events, including but not limited to concerts, displays, craft fairs, picnics, parades, patriotic events, meetings and the like. In the past, access to and use of this field was administered by the Orange Park and Recreation Commission. As a result of a 1995 dispute with regard to the placing of a private display at HPCC Field, and in light of a recent decision of the United States Supreme Court, the Board of Selectmen finds it to be in the best interest of the Town to reestablish and clarify its policy regarding the placing of displays at the field as follows:
A. 
The Town of Orange shall regulate the placing of displays at HPCC Field pursuant to Section 7-148(c)(7) and Section 7-148(c)(10) of the Connecticut General Statutes.
B. 
The past use of the HPCC Field as a local public forum is hereby formally recognized.
C. 
The public health, safety and welfare of the Town is best served by requiring any resident or locally based non-profit organizations wishing to place a passive display at HPCC Field to apply for and obtain a specific use permit.
D. 
The Orange Park and Recreation Commission shall administer application for and issuance of the passive display permits in accordance with the regulations adopted in § 294-5 below.

§ 294-4. Definitions.

As used in this article, the following terms shall have the meanings indicated:
PASSIVE DISPLAY
An unattended, non-mechanical, non-electrical depiction, exhibition or arrangement of items and/or things all of which contain no combustible or flammable parts, are less than eight feet in height, and which commemorate, honor, recall, state or predict an event, concept, idea, place, thing or time.
PASSIVE DISPLAY PERMIT
A written approval authorizing the placing of a passive display.

§ 294-5. General regulations.

A. 
General rules: General rules applicable to any and all organizations or individual using the High Plains Community Center under the terms of these regulations.
(1) 
A person or organization wishing to use the HPCC Field for a purpose permitted by these regulations shall be required to file an application in form promulgated by the Park and Recreation Commission and to obtain a written passive display permit to be issued by the Park and Recreation Commission.
(2) 
Such person or organization shall pay a nonrefundable application fee of $75 to the Park and Recreation Commission.
(3) 
The use of HPCC Field shall be restricted to residents of the Town of Orange or a nonprofit organization (as defined in Section 501 of IRS code) the majority of whose membership (at least 80%) is composed of residents of the Town of Orange.
(4) 
In the use of HPCC Field, all ordinances of the Town of Orange and all state, federal and other laws which may be applicable must be adhered to.
(5) 
The request must be made in writing and filed in the office of the Recreation Department of the Town of Orange within the time provided in these regulations.
(6) 
Upon the completion of the activity permitted, the individual or organization which applies for the permit and to whom the permit is issued shall be responsible for restoring the HPCC Field to the condition that it was prior to the event.
(7) 
No vehicles are permitted on the HPCC Field either as a display or for any purpose unless prior approval is given by the Park and Recreation Commission or its duly authorized agent.
B. 
Location: The Park and Recreation Commission shall within 30 days of the effective date of this article, and by January 30th annually thereafter, advise the Board of Selectmen in writing as to the designated locations at HPCC Field for passive displays.
C. 
Number of locations and size of area: The Park and Recreation Commission shall designate no more than two 100 square foot areas (each 10 feet by 10 feet) for placing of passive displays.
D. 
Duration of display: Displays may remain for a maximum of 10 consecutive days.
E. 
Frequency: Any individual or group may display once per year.
F. 
Intensity: A maximum of two displays, one per each area, may be in place at any one time.
G. 
Application process: Application for placement of a display must be made no earlier than one year and at least 45 business days (business days mean days on which Town Hall Building Department is open) in advance of the requested display period. Applications will be granted on a first come, first serve basis. Applications shall be filed with Park and Recreation Commission. All displays must comply with all applicable building, health and other Town and state laws and regulations including these related to zoning, health and safety.
H. 
Inspection and examination: The Park and Recreation Commission or its duly authorized agent will examine both applications and displays to confirm compliance with these regulations. Applications which do not comply with these requirements will not be approved. Displays which do not comply will not be permitted.
I. 
Height and safety limitations: No display shall be more than eight feet high above ground level and no display shall present a threat to health or safety.
J. 
Decision: Decisions on applications will be made within 45 calendar days after the Park and Recreation Commission receives such application at its regularly scheduled meeting immediately following the filing of an application (See Subsection G above). Failure to make a decision within said time shall be deemed an approval.
K. 
Disclaimer: Each display must be accompanied by a disclaimer sign, 12 inches high and 24 inches wide, within the 10 foot square area, no less than 24 inches nor more than 36 inches above the ground, stating in clear and visible letters: "This sign is erected, owned and sponsored by (name and address of organization) clearly displaying the name and address (town and city) of the sponsor."
L. 
Town disclaimer: The Town may display a sign in the area disclaiming any Town sponsorship or endorsement of the messages contained in or represented by the display.
M. 
Modifications: The Town may make reasonable modifications of this policy, limited to issues of time, place and manner of displays so long as said change does not prohibit the display of unattended symbols, religious or other, on HPCC Field.
N. 
Restoration of HPCC Field: Each applicant, as part of and by filing an application, shall agree to restore the ground and the premises to its original condition and shall provide the Town with a bond to cover and guarantee the costs of clean up and repairs in the amount of $10,000. The applicant's liability shall be limited to damage caused by the applicant or its agents. The applicant, by its application, shall agree to hold harmless, indemnify, and defend the Town against any liability, caused by the applicant or its agents, related to said installation, placement, display or removal.
O. 
Insurance: Applicant shall provide with, and attach to, application:
(1) 
A certificate of insurance naming the Town as an additional insured in an amount not less than $1,000,000 combined single limit for bodily injury and property damage; and
(2) 
A workers' compensation certificate of insurance with employer's liability limits of no less than $1,000,000.
P. 
Obscene displays: The Town will not permit any display which is obscene as defined by Connecticut General Statute 53a-193 (copy attached),[1] which is likely to incite imminent lawless action, or which is otherwise unprotected by the First Amendment.
[1]
Editor's Note: Said attachment is on file in the Town offices.

§ 294-6. Effect on existing signage guidelines.

Nothing herein shall supersede existing signage guidelines now in effect and administered by the Plan and Zoning Commission and the Zoning Enforcement Officer.

Article IV. Passive Open Space

[Adopted 4-10-2002]

§ 294-7. Declaration of policy and finding.

The Town of Orange recognizes that the acquisition and preservation of undeveloped lands for open space and passive recreation is of great benefit to the health, welfare and quality of life of the community. In order to protect and preserve the Town's passive open space for the continuous use and enjoyment by the residents of the Town of Orange and the general public, the Town must establish rules and regulation by ordinance governing the use of its passive open space.

§ 294-8. Definitions.

As used herein, the following terms shall have the definitions set forth:
PASSIVE OPEN SPACE
Land designated by vote of the Board of Selectmen to be retained predominately in its natural, scenic, forested and/or open space condition and to provide opportunities for use for passive recreation. Any property subject to a conservation or public recreation easement, in favor of the State of Connecticut, pursuant to the Protected Open Space and Watershed Land Acquisition Grant Program of the State of Connecticut, shall be considered passive open space.
PASSIVE RECREATION
Hiking, walking, fishing and similar activities not otherwise prohibited by this article other than the uses designated for recreational open space.
RECREATIONAL OPEN SPACE
Land of the Town of Orange committed and developed for athletics, including without limitation, soccer fields and baseball and softball diamonds.

§ 294-9. Applicability of article.

This article shall apply to all passive open space as designated by the Board of Selectmen.

§ 294-10. Designation of passive open space.

The following properties are hereby designated by the Board of Selectmen as passive open space: Racebrook Tract, Housatonic Overlook, Tucker's Ridge, Wright's Farm, that portion of Fred Wolfe Park not dedicated to recreational open space, the Wepawaug Bend, Short Road, Howard Brooks Conservation Area, and the Paul Ode Trail.

§ 294-11. Designation or removal of passive open space.

The Board of Selectmen may by resolution designate any Town owned land as passive open space or remove the designation of passive open space from any Town owned land so designated, or authorize any activities otherwise prohibited or disallow any activities allowed pursuant to this article on any one or more parcels of land designated as passive open space.

§ 294-12. Prohibited activities.

It shall be unlawful and in violation of this article for any person to engage in the following prohibited activities:
A. 
Except for police personnel on patrol or officials, employees or designees of the Town of Orange Park and Recreation Department or Orange Conservation Commission on official business, or ice skating at Wright's Pond pursuant to rules adopted by the Park and Recreation Commission, remaining on any passive open space other than 1/2 hour before sunrise through 1/2 hour after sunset.
B. 
Except in appropriately marked receptacle provided by the Town, deposit or cause to be deposited or retained or cause to be retained, any litter, as such term is defined in § 276-2 of the Orange Code.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Smoking or consumption of tobacco products, was repealed 5-8-2002.
D. 
Bicycling, except on the Racebrook Tract pursuant to rules adopted by the Park and Recreation Commission.
E. 
The possession or discharge of any firearm, bow and arrow, or other dangerous weapon.
F. 
The hunting, trapping or killing of any animal.
G. 
Dumping of any kind of any materials, including without limitation, old vehicles, appliances, or similar waste.
H. 
The possession or use of any illegal or illicit drugs or controlled substances.
I. 
The cutting, injuring, defacing, removing or disturbing of any building, fence, bench or other structure or property.
J. 
The use of cars, dune buggies, motorcycles, snowmobiles, trucks or other motorized vehicles.
K. 
The lighting of fireworks or sparklers.
L. 
Paintball or the use of paintball guns or other paintball paraphernalia.
M. 
Riding, grazing or walking of horses, cattle or other livestock, except horseback riding on the Racebrook Tract subject to such rules as are adopted by the Park and Recreation Commission.
N. 
Having pets or other animals, except authorized horseback riding, at the Racebrook Tract.

§ 294-13. Activities permitted with consent.

The following activities shall be prohibited without the prior written approval of the Orange Park and Recreation Commission or its designated official:
A. 
The possession or consumption of alcoholic beverages.
B. 
Camping.
C. 
The lighting of campfire, camp stoves or lanterns.
D. 
Planting, cutting, removing or disturbing any tree, shrub, plant or other vegetation.
E. 
Vending or peddling, as such terms are defined in § 302-2 of the Orange Code.

§ 294-14. Penalties for offenses.

Any person violating any of the provisions of this article shall be fined $100 for each such violation.

§ 294-15. Effective date.

This article shall be effective on the 21st day after its publication in accordance with § 3.4 of the Town Charter.

Chapter 298. (Reserved)

[Former Ch. 298, Pawnbrokers, adopted by the Board of Selectmen 8-6-1996, was repealed 12-11-2013.]

Chapter 302. Peddling and Soliciting

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bazaars and raffles — See Ch. 177.
Food-handling establishments — See Ch. 227.
Pawnbrokers — See Ch. 298.

Article I. Vending and Peddling Activities

[Adopted 12-9-1998]

§ 302-1. Legislative findings.

It is found and declared that:
A. 
The primary purpose of the public streets and sidewalks in the Town of Orange is for use by vehicular and pedestrian traffic.
B. 
Due to the nature of the Town of Orange, commercial and business areas of the town have limited, if any, pedestrian traffic and are not safe for pedestrian traffic.
C. 
Vending on the public streets and highways of the Town of Orange is generally inappropriate, however, subject to proper controls, vending of goods, materials and merchandise during special events and in prescribed locations promotes the public interest by enhancing public interest and involvement.
D. 
Reasonable regulation of the peddling, vending, selling or offer for sale of goods upon any street, highway, sidewalk or public place within the Town of Orange is necessary to protect the public health, safety and welfare.
E. 
The regulations contained in this article are not intended to govern public auction sales, pursuant to Section 21-2 of the Connecticut General Statutes.
F. 
The regulations contained in this article do not prohibit pure speech by religious organizations but merely regulate the activities of an organization which are commercial in nature.

§ 302-2. Peddling activities restricted.

It shall be unlawful, without first obtaining a peddler's license from the Orange Chief of Police, for any person:
A. 
To peddle, vend, sell or offer for sale any goods, wares, merchandise, food and/or beverage items (hereinafter collectively referred to as "goods") from house to house within the Town of Orange (hereinafter "peddling" or "to peddle"); or
B. 
To solicit, take or attempt to take orders for the sale of such goods, including magazines and other printed matter, for future delivery if full payment, whether by cash, check or credit card, is required at the time of the solicitation of such goods, or for services to be performed at the time without previous arrangement with such person being solicited for such services.

§ 302-3. Vending activities restricted.

It shall be unlawful, without first obtaining a vendor's license from the Orange Chief of Police, for any person:
A. 
To peddle, vend, sell or offer for sale any goods at public or private sale upon any Town of Orange street, highway, sidewalk, public place, state highway within the Town of Orange or any land abutting such town and state streets or highways (hereinafter "vending" or "to vend").
B. 
To solicit, take or attempt to take orders for the sale of such goods, including magazines and other printed matter, for future delivery if full payment, whether by cash, check or credit card, is required at the time of the solicitation of such goods, or for services to be performed at that time without previous arrangement with such persons being solicited for such services.

§ 302-4. Application for license.

An applicant for a vendor's license or peddler's license shall complete an application form provided by the Police Department, which application shall contain the following information:
A. 
The name, permanent home address, local address if any and business address of the applicant.
B. 
A physical description of the applicant including age, height, weight, color of hair and eyes.
C. 
Applicant's State of Connecticut Taxation Number.
D. 
The name and address of the applicant's employer and if applicable the name and address of the person for whom or through whom orders are to be solicited, cleared or approved.
E. 
The length of service of the applicant with said employer.
F. 
The place of residence and nature of the employment of the applicant during the last preceding year.
G. 
A description of the goods to be peddled, vended, sold, offered for sale or for which orders will be solicited, or of the services to be performed by the applicant.
H. 
Where applicable, the name and address of the manufacturer, publisher, distributor or parent company of the goods to be peddled or for which orders will be solicited.
I. 
If the applicant shall solicit orders for future delivery, the location of such goods at the time that said application is made and the proposed method and estimated time of delivery.
J. 
The make, model, color, identification number and state marker number of the vehicle if any to be used by the applicant in the performance of the vending or soliciting activities, whether said vehicle be owned by said applicant, his or her employer or any other person.
K. 
Two prints of a full face photograph taken not more than 30 days prior to the date of application of any person who will be vending or peddling within the Town of Orange.
L. 
An Application for a vendor's license shall indicate the special event for which the vendor's license is sought.
M. 
Proof of an insurance policy issued by an insurance company licensed to do business in the State of Connecticut, protecting the applicant and the Town of Orange from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the license in a single limit amount of not less than $1,000,000. Such insurance shall name as an additional insured, the Town of Orange, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days advance, written notice to the Town of Orange.
N. 
A statement as to whether the applicant has been convicted of any offense, as defined in Section 53a-24 of the Connecticut General Statutes, and, if so, the nature of the offense and the penalty imposed, if any.
O. 
The applicant's fingerprints to be taken by the Police Department which will remain with said application for a period not to exceed five years.
P. 
If the goods to be vended or peddled are food, beverage, or other consumable food products, then a copy of the license received under the Town of Orange Ordinance Requiring Licensing of Places Dispensing Food or Beverages Covered by the State Public Health Code (the "food license").

§ 302-5. Identification; fees; exemption for veterans.

At the time of submitting such application, the applicant shall also show a valid motor vehicle operator's license or other such identification satisfactory to the Police Department and pay the sum of $25 to the Police Department as the fee for the issuance of said vendor's license and/or the sum of $125 to the Police Department as the fee for the issuance of a peddler's license. The licensing fee under this section shall be waived for any veteran of any branch of the armed services of the United States of America upon presentation of a copy of the applicant's Honorable Discharge.

§ 302-6. Issuance of license.

Upon compliance by the applicant with the provisions of §§ 302-4 and 302-5 hereof, the Chief of Police shall issue a vendor's license or peddler's license, as the case may be, to the applicant, which license shall set forth the name and address of the applicant and of his employer if any, the date of issuance of the license, the words "Licensed Vendor" or "Licensed Peddler," as the case may be and the nature of the goods to be sold or for which orders will be solicited, or the nature of the services to be performed as the case may be; provided however that the Chief of Police shall not be required to issue such license to any person who has been convicted of any violation of this article or of a crime as defined in Section 53a-24 of the Connecticut General Statutes.

§ 302-7. Vending restrictions.

Vending is prohibited within the Town of Orange with the following exceptions:
A. 
During special events or activities held or promoted by the Town of Orange, or any of its boards, commissions, agencies or duly appointed officials or committees, including the Memorial Day Parade and the Annual Independence Day Celebration, but specifically excluding the Orange Volunteer Fireman's Carnival and the Orange Country Fair, or any event or activity where the Board of Selectmen specifically votes to prohibit vending.
B. 
Vending shall be authorized only within or adjacent to the location of the special event and shall occur only within a specific location or area which shall be designated by the Chief of Police after consideration of the public health, safety and welfare and specifically delineated on the license issued by the Chief of Police.

§ 302-8. Peddling restrictions.

Peddling is prohibited within the Town of Orange with the following exceptions:
A. 
Peddling shall occur only between the hours of 10:00 a.m. and 1/2 hour prior to sunset.

§ 302-9. General restrictions.

No vendor or peddler shall:
A. 
Vend or peddle except as authorized under this article.
B. 
Leave any stand or motor vehicle from which vending or peddling occurs unattended.
C. 
Store, park or leave any stand overnight on any street or sidewalk or park any motor vehicle other than in a lawful parking space.
D. 
Sell food or beverages for immediate consumption unless he has available for public use his own, or a public, litter receptacle which is available for his patron's use.
E. 
Leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by the vendor or peddler.
F. 
Solicit or conduct business with persons in motor vehicles.
G. 
Sell anything other than that which is authorized under the license to vend or peddle.
H. 
Sound or permit the sounding of any device which produces a loud and raucous noise or use or operate any loud speaker, public address system, radio sound amplifier or similar device to attract the attention of the public.

§ 302-10. Obstruction of streets and other ways prohibited.

No vendor or vending motor vehicle or peddler using a motor vehicle to go door to door shall conduct his business in such a way as would:
A. 
Restrict or interfere with the ingress or egress of the abutting property by the owner or tenant or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property or an obstruction to adequate access to fire, police or sanitation vehicles.
B. 
Stop, stand or park any vehicle upon any street or permit it to remain there except on the roadway at the curb for purpose of vending or peddling therefrom.

§ 302-11. Health and sanitation requirements for food and beverage vending.

A. 
The equipment used in vending food and beverages shall be inspected upon application for a license by the Town Sanitarian who shall issue a Food Service Establishment Inspection and Report Form which shall be a condition precedent to the issuance of a license under this article.
B. 
Each business vending or peddling food or beverage shall be inspected in accordance with the requirement of the Public Health Code and the Town Ordinance requiring licensing of places serving foods or beverages covered by the State Public Health Code.

§ 302-12. Transferability, duration and display of peddler's license.

A peddler's license issued pursuant to § 302-6 shall be nontransferable and shall entitle the licensee, for the period of one year from the date of issuance, unless revoked or suspended, to peddle, vend, sell or offer for sale or solicit orders for future delivery of the goods or to perform the services specified in the license application; provided that the license together with the food license, if applicable, shall be conspicuously displayed at the place where the activity for which the license was issued is undertaken.

§ 302-13. Transferability, duration and display of vendor's license.

A vendor's license issued pursuant to § 302-6 shall be non-transferable and shall entitle the licensee to vend or offer for sale or solicit orders for future delivery of the goods or to perform the services specified in the license application for the duration of and only during the hours of operation of the special event for which the license is issued provided that the license, together with the food license, if applicable, shall be conspicuously displayed at the place where the activity for which the license was issued is undertaken.

§ 302-14. Denial, revocation and suspension.

Any license may be denied, suspended or revoked for any of the following reasons:
A. 
Fraud or misrepresentation contained in the application for the license.
B. 
Fraud or misrepresentation made in the course of carrying on the business of vending or peddling.
C. 
Conduct of the licensed business in such a manner as to create a public nuisance or constitute a danger to the public health, safety, welfare or morals.
D. 
Conduct which is contrary to or in violation of the provisions of this article.
E. 
Conviction of a crime as defined in Section 53a-24 of the Connecticut General Statutes.

§ 302-15. Exceptions.

This article shall not apply to the following:
A. 
"Tag sales" conducted by Town of Orange residents on their own premises;
B. 
The display of goods by persons having established places of business in the town on the sidewalks or areas adjacent to their places of business if and as permitted by the zoning regulations of the Town of Orange and other applicable laws;
C. 
Sales by farmers and gardeners of the produce of their farms and gardens;
D. 
The sale, distribution and delivery of milk, teas, coffees, spices, groceries, meats and bakery goods;
E. 
Sales on approval, conditional sales of merchandise, or the taking of orders for merchandise for future delivery when full payment is not required at the time of solicitation;
F. 
Sales by sales persons selling foods to retail or wholesale stores for resale;
G. 
Sales of goods in the manner and in the places described in §§ 302-1 and 302-2 hereof on behalf of an organization, society or association for charitable, religious, patriotic, philanthropic or town purposes or if authorized by the Board of Selectmen licensees or contractors of such an organization, society or association for such purposes.
H. 
Sales pursuant to auctions under Section 21-2 of the Connecticut General Statutes.

§ 302-16. Penalties for offenses.

It shall be unlawful to make any false statement for the purpose of obtaining a vendor's license. Any person who violates any provision of this article shall be subject to arrest and prosecution by the proper authorities and may be fined $100 for each offense, with an additional $100 per day for each day that the violation continues. Upon conviction of a violation of this article, a licensee shall deliver his vendor's license or peddler's license to the Chief of Police who shall revoke said license and such person shall not thereafter be entitled to engage in the activities for which a vendor's license or peddler's license is required by this article without obtaining a new vendor's license or peddler's license pursuant to the applicable provisions of this article.

Chapter 305. Property Maintenance

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 5-9-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 183.
Zoning — See Ch. 383.

§ 305-1. Purpose.

A. 
This chapter is enacted pursuant to the authority granted to the Town of Orange under Connecticut Statutes 7-148 c(7).
B. 
This chapter prohibits any owner, agent, tenant or person in control of real property located in the Town of Orange from allowing, creating, maintaining or causing to be created or maintained a blighted premise. The ordinance also established penalties for violations of this chapter.

§ 305-2. Definitions.

For the purpose of this chapter, the following words, terms and phrases shall have the following meaning ascribed to them in this chapter:
BLIGHTED PREMISES
Any building or structure or parcel of land where at least one of the following conditions exists:
A. 
It has been determined by the Town Building Official, Director of Health, Town Engineer, Sanitarian or Zoning Enforcement Officer, or other appropriate official of the Town of Orange, acting within the scope of their authority, that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the community.
B. 
The Fire Marshal has determined that a building or structure is a fire hazard.
C. 
The property is in a state of disrepair or is becoming dilapidated. "State of disrepair" or "becoming dilapidated" shall mean in a physically deteriorating condition causing unsafe or unsanitary conditions or a nuisance to the general public and be evidenced by one or more of the following conditions:
(1) 
Missing, broken or boarded up windows and doors.
(2) 
Collapsing or missing walls or roof.
(3) 
Seriously damaged or missing siding.
(4) 
Unrepaired fire or water damage.
(5) 
Rodent harborage and/or infestation.
(6) 
Persistent garbage or trash on the property.
(7) 
Abandoned motor vehicle on the premises unless properly permitted as a junkyard.
(8) 
Overgrown brush, shrubs and weeds.
(9) 
Visible portions of the property characterized by significant unattended bare dirt patches.
(10) 
Parking lots left in a state of disrepair or abandonment.
D. 
The overall condition of the property causes an unreasonable impact on the enjoyment of or value of neighboring properties as expressed by persistent complaints from adjoining property owners.

§ 305-3. Prohibition.

No owner, agent, tenant or person in control of real property located in the Town of Orange shall allow, maintain or cause to be maintained a blighted premise.

§ 305-4. Notice of violation(s).

A. 
The Town of Orange, through its designated enforcement officer, shall serve written notice to an owner, agent, tenant and/or person responsible. The notice may be hand delivered or mailed by certified mail, return receipt requested, to the last known address of the owner.
B. 
Such notice shall state the violation(s) and demand their abatement within 10 calendar days. If the owner fails to correct the violations, the Town of Orange may issue an enforcement citation as specified in this chapter.

§ 305-5. Designated enforcement officer.

The Zoning Enforcement Officer and/or other individuals designated by the First Selectman are charged with the enforcement of this chapter. The Enforcement Officer is hereby authorized to take such enforcement actions as are specified in this chapter.

§ 305-6. Penalties for offenses.

Violations of the provisions of this chapter shall be punishable by a fine of $100 for each day a violation exists and continues.

§ 305-7. Enforcement citation(s).

If any violation remains unabated after 10 days, any police officer, the Zoning Enforcement Officer, building officials, Fire Marshal or other person authorized by the First Selectman is hereby authorized to issue a citation to the violator in accordance with this chapter.

§ 305-8. Citation procedures.

A. 
The procedures established in the ordinance entitled "Ordinance Establishing a Hearing Procedure for Citations" will apply to citations issued under this chapter.[1]
[1]
Editor's Note: See Ch. 195, Art. II, Citation Hearing Procedure.
B. 
The final period for the uncontested payment of any citation under this chapter shall be 30 days after the mailing or delivery of the citation.

§ 305-9. Recording of lien.

Any unpaid fine imposed shall constitute a lien upon the real estate in accordance with Connecticut General Statutes 7-148aa. Each such lien shall be continued, recorded and released as provided for in 7-148aa.

§ 305-10. Municipal performance.

In the event any owner, agent, tenant or person in control of real property shall fail to abate or correct any violation specified in any notice, after the issuance of an enforcement citation for such failure, which citation has become final through the failure of such owner, agent, tenant or person in control of real property to appeal from the issuance of said citation, or by such appeal being sustained, the Town of Orange, acting through its designated enforcement officer, issuing such notice of violation, may cause or take such action as is necessary to correct such violation. The cost to take such action shall be a civil claim by the town against such owner, agent, tenant or person responsible for such property, and the Town Attorney may bring an action to recover all such costs and expenses incurred.

§ 305-11. Pending special permit or site plan exception.

Any blighted premises for which a special permit or site plan application for improvements to the blighted premises is pending shall be exempt from the provisions of this chapter for a period of 90 days from the date of submittal of a complete application to the Town Plan and Zoning Commission.

§ 305-12. Notice of penalties assessment with Clerk of Superior Court.

If enforcement citation fines levied in accordance with this chapter are not paid within 30 days, despite proper notice to the person found liable, the Zoning Enforcement Officer shall file a certified copy of the unpaid fines with the Clerk of the Superior Court. Notice with the Clerk of the Superior Court shall be filed within 12 months. The Clerk shall enter judgment in favor of the Town of Orange. The judgment shall have the effect of a civil money judgment, and a levy of execution of such judgment may issue without further notice to such person.

§ 305-13. Appeal of penalty assessment to Superior Court.

A person against whom a judgment has been entered is entitled to judicial review in accordance with the provisions of Connecticut General Statutes 7-152c.

§ 305-14. When effective.

This chapter shall take effect 21 days after publication in accordance with Section 3.4 of the Town Charter.

Chapter 307. Public Property, Use of

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 11-20-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 172.
Parks and recreation — See Ch. 294.

§ 307-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC LIQUOR
Has the same meaning as set forth in Section 30-1 of the Connecticut General Statutes.
MOTOR VEHICLE
Has the same meaning as set forth in Section 14-1(26)[1] of the Connecticut General Statutes.
OPEN CONTAINER
Any open bottle; any bottle which was sealed by a liquor tax stamp, which seal has been broken, whether or not stopped; any can which has been opened in any way; any keg or dispensing device which is set up to dispense; or any glass, cup, jar or other vessel.
PARKING AREA
A lot, area or other accommodation for the parking of motor vehicles off the street or highway and open to public use with or without charge.
PUBLIC AREA
Any Town-owned park, green, outdoor recreation area, school building or grounds, or any outdoor area which is upon or within Town-owned land.
SCHOOL BUILDING OR GROUNDS
Amity Regional Junior High School and any building or land governed by the Town of Orange Board of Education.
TOWN PARKING AREA
A parking area owned by the Town, including any existing on school grounds.
[1]
Editor's Note: See now § 14-1(47) of the Connecticut General Statutes.

§ 307-2. Consumption and possession of alcoholic beverages.

Except as permitted herein, no person shall consume any alcoholic liquor, or possess any open container of alcoholic liquor, upon or within the limits of any public area or parking area within the Town of Orange. For purposes of this chapter, without limiting the generality of the foregoing, the consumption of alcoholic liquor or the possession of an open container of alcoholic liquor in a motor vehicle parked within or upon a public area or a parking area is a violation hereof. Consumption of alcoholic liquor and possession of an open container of alcoholic liquor is permitted during any function, festival, event or celebration conducted on or within a public area or parking area pursuant to any law, statute, ordinance, resolution or permit issued by the Chief of Police of the Town of Orange authorizing sale and/or consumption of alcoholic liquor in or upon such public area or parking area.

§ 307-3. Ball playing.

No person shall use any outside wall of a school building or any Town-owned building, for ball playing of any kind, including but not limited to handball, racquetball, tennis and jai alai.

§ 307-4. Climbing onto roofs.

No person shall climb onto, enter upon or remain on the roof of any school building or other Town-owned building.

§ 307-5. Motorized vehicles permitted only in designated areas.

Motor vehicles, motorcycles, mini-bikes, go-carts, trail-bikes, mopeds, motor scooters, dirt bikes and any other motorized or combustible engine vehicles are prohibited in public areas as defined herein, except in or upon areas designated for such vehicular traffic.

§ 307-6. Registration for motorized vehicles required.

Mini-bikes, go-carts, trail-bikes, mopeds, motor scooters, dirt bikes and any other motorized or combustible engine vehicles not registered for operation upon highways are prohibited in any Town parking area.

§ 307-7. Time limitation for remaining in public areas.

It shall be unlawful for any person to enter upon or remain within any public area after the hour of 9:00 p.m. unless participating in a Town-authorized function.

§ 307-8. Horseback riding.

No person shall ride a horse upon land governed by the Orange Board of Education.

§ 307-9. Custody and control of domestic animals; removal of animal waste.

[Amended 6-18-2008]
The owner or person having custody or control of any domestic animal shall maintain custody or control of such domestic animal by way of leash, and shall remove any solid waste of such domestic animal from any public area. Failure to comply with this section shall constitute a violation of this chapter.

§ 307-10. Applicability to Town workers.

No provision hereof shall make unlawful any act necessarily performed by any person on behalf of the Town of Orange in line of duty or work, or by any person, his agent or employees, in the proper and necessary execution of the terms of any agreement with the Town.

§ 307-11. Penalties for offenses.

Any person who violates any provision of this chapter shall be subject to arrest and prosecution by the proper authorities and may be fined an amount not to exceed $100 for each violation.

Chapter 320. School Transportation, Private

[HISTORY: Adopted by Special Town Meeting of the Town of Orange 2-14-1967. Amendments noted where applicable.]

§ 320-1. Transportation to be furnished.

It was voted in the affirmative by ballot pursuant to Section 10-281 of General Statutes, Revision of 1958, that the town be authorized to furnish transportation for children attending non-profit private schools therein. (Defect in procedure was validated by Special Act 120 of 1967 and vote upheld by Judgment of Superior Court for New Haven County on July 10, 1967.)

Chapter 325. Sewers

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 183.
Water system — See Ch. 370.
Subdivision regulations — See Ch. 382.
Zoning — See Ch. 383.

Article I. (Reserved)

[1]
Editor's Note: Former Art. I, Septic Tank Wastes, adopted 12-16-1975, as amended, was repealed 10-10-2001.

§ 325-1. through § 325-7. (Reserved)

Article II. Sewage Disposal Systems

[Adopted 4-20-1993; amended in its entirety 3-14-2012]

§ 325-8. Intent of article.

The following article shall be construed as being in aid of the enforcement of the Public Health Code of the State of Connecticut as it exists from time to time.

§ 325-9. Small disposal systems; nondischarging toilet systems; building conversions.

A. 
This article relates to household and small commercial subsurface sewage disposal systems with a capacity of 5,000 gallons per day or less, nondischarging toilet systems and building conversions.
B. 
No permit shall be issued for the erection or alteration of any building to be used for residential, commercial or industrial purposes unless the plan for construction of a septic system or other proposed method of sewage disposal in connection therewith complies with the requirements of the Public Health Code of the State of Connecticut and this article. Such plan shall be submitted to the Director of Health for review and approval, and shall include all information necessary to assure compliance with the requirements of the Public Health Code. Plans for new subsurface sewage disposal systems shall be prepared by a professional engineer registered in the State of Connecticut.
C. 
No existing septic system or other private sewage disposal system which has failed to function shall be rebuilt unless the plan for repair complies with the Public Health Code or unless otherwise approved by the Director of Health.
D. 
It shall be the duty of the Sanitarian to report all violations of this article to the Director of Health and to the proper authorities for prosecution under the law.
E. 
Application for soil investigation and for approval of any plan for sewage disposal shall be submitted in writing to the Director of Health on forms furnished by the Town for that purpose. The following fees shall apply:
(1) 
Application: $30.
(2) 
Engineering plan review: $50.
(3) 
Subdivision site plan review: $75.
F. 
No such sewage disposal system shall be used until it has been inspected and approved by the Sanitarian.
G. 
Permit fees.
(1) 
The permit fee for the construction of a sewage disposal system and for inspecting the system shall be as follows:
(a) 
Residential.
[1] 
New: $180.
[2] 
Repair: $30.
(b) 
Industrial and commercial.
[1] 
Zero to 2,000 gallon/daily design usage: $300.
[2] 
Two thousand to 5,000 gallon/daily design usage: $400.
(2) 
For the purposes of this subsection, "repair" shall include any alteration, enlargement, replacement, or relocation of an existing system for any purpose whatsoever.
H. 
Soil testing fees.
(1) 
Subdivisions:
(a) 
Per lot testing: $100.
(b) 
Application fee: $30.
(2) 
Building additions/19-13-B100a: $50.

§ 325-10. Large sewage systems; alternative systems.

A. 
This article shall apply to domestic sewage disposal systems receiving flows greater than 5,000 gallons a day; community sewage systems as defined in Section 7-245 of the Connecticut General Statutes, which utilize land treatment and disposal; alternative on-site sewage treatment systems; and septage disposal systems which utilize land treatment and disposal, all of which are governed by Section 19-13-B104 of the State of Connecticut Regulations.
B. 
The fee for an inspection for a matter governed by Section 19-13-B104 of the Connecticut State Regulations shall be $300.

§ 325-11. General provisions; penalties for offenses.

A. 
The provisions of this article shall be of general applicability and shall apply throughout this article.
B. 
Nothing in this article shall be construed as permission to create a nuisance.
C. 
Any person, firm or corporation violating this article shall be fined not more than $250 for each violation thereof, except that higher penalties may be assessed in accordance with Connecticut General Statutes Section 19a-206. Each day a violation continues shall be considered a separate violation.

Chapter 331. Solid Waste

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Connecticut Resource Recovery Authority — See Ch. 5, Art. II.
Outdoor burning — See Ch. 190.
Littering — See Ch. 276.

Article I. Storage, Collection and Disposal

[Adopted 6-21-1988]

§ 331-1. Declaration of policy.

The accumulation, collection, removal and disposal of refuse must be controlled by this municipality for the protection of the public health, safety, and welfare. It is consequently found and declared that:
A. 
This municipality is authorized by law to regulate the disposition of refuse generated within its boundaries and to collect a charge therefor and to license refuse collectors; and
B. 
This municipality is also authorized by Connecticut General Statutes Section 22a-220a to designate the area where refuse generated within its boundaries shall be disposed; and
C. 
This municipality has executed the municipal service agreement requiring it to cause all acceptable solid waste generated within its boundaries to be delivered to the Bridgeport Resource Recovery System; and
D. 
The public health, safety and welfare of this municipality will be best served by requiring the delivery of acceptable solid waste to a transfer station for processing by the Bridgeport Resource Recovery System into products which have an economic value; and
E. 
The enactment of this article is in furtherance of this municipality's approved regional Solid Waste Management Plan.

§ 331-2. Definitions.

The following terms shall have the following meanings:
ACCEPTABLE SOLID WASTE
Unwanted or discarded materials of the kind normally collected or disposed of, or caused to be collected or disposed of, by or on behalf of a municipality through private or municipal collection, and commercial, governmental and light industrial waste which a municipality is required by state law to make provision for the safe and sanitary disposal of, but not including in any case special handling waste or oversized bulky waste.
BRIDGEPORT RESOURCE RECOVERY SYSTEM
The solid waste disposal and energy recovery and steam and electric facility ("facility") designed, constructed, operated, and maintained by an affiliate of Signal Resco, Inc. ("Resco") pursuant to an agreement with the Connecticut Resources Recovery Authority ("CRRA") located in Bridgeport; the transfer stations approved for transfer of solid waste to the Bridgeport Resource Recovery System; and the CRRA landfills provided by or designated by the CRRA.
COLLECTOR
Any person who holds himself out for hire to collect refuse from residential, business, commercial or other establishments.
DISPOSAL CHARGE
That amount of money to be charged for solid waste or refuse disposal in accordance with this article and the regulations promulgated thereunder.
HAZARDOUS WASTE
Pathological, biological, cesspool or other human wastes, human and animal remains, radioactive, toxic, and other hazardous wastes which according to federal, state, or local rules or regulations from time to time in effect require special handling in their collection, treatment or disposal, including those regulated under 42 U.S.C. §§ 6921-6925 and regulations thereunder adopted by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 90 Stat. 2806, 42 U.S.C. § 6901, such as cleaning fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons, drugs, fine powdery earth used to filter cleaning fluid and refuse of similar nature.
MUNICIPAL SERVICE AGREEMENT
The Municipal Solid Waste Management Services Agreement between the CRRA and this municipality dated as of April 29, 1987.
OVERSIZED BULKY WASTE or OBW
White goods and other unwanted or discarded materials which:
A. 
Are the kinds normally collected or disposed of, or caused to be collected or disposed of, by or on behalf of a municipality through private or municipal collection;
B. 
In the judgment of Resco, reasonably exercised, cannot be processed in the facility because of size or noncombustibility;
C. 
Would not constitute special handling waste under Subsection A, B or D of the definition of such term;
D. 
May be disposed of in a bulky waste landfill holding a permit issued by the Connecticut Department of Environmental Protection under Section 19-524-8 of its regulations or any successor provision; and
E. 
Are not too large to be deposited and stored at the Orange Transfer Station, or transported to a landfill, in the manner contemplated in regulations as may be adopted by this municipality concerning the operation of the Orange Transfer Station.
A. 
Hazardous waste;
B. 
Dirt, concrete and other nonburnable construction material and demolition debris;
C. 
Large items of machinery and equipment, such as motor vehicles and major components thereof (transmissions, rear ends, springs, fenders), agricultural equipment, trailers and marine vessels, and other items of waste exceeding six feet in any one of its dimensions or being in whole or in part of a solid mass, the solid mass portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid mass portion, including, in the context of deliveries to the facility, OBW;
D. 
Explosives, ordinance materials, oil, sludges, highly inflammable substances, hazardous chemicals, tires and other materials the acceptance of which, in the judgment of Resco, reasonably exercised, is likely to cause damage to or adversely affect the operation of the facility or in the judgment of the Director of Public Works of this municipality, reasonably exercised, is likely to cause damage to or adversely affect the operation of the Orange Transfer Station or vehicles transporting such materials from the Orange Transfer Station to the facility, constitute a threat to health or safety, or violate or cause the violation of any applicable federal, state or local law, regulation, or judicial or administrative decision or order.

§ 331-3. Designation of disposal area.

Pursuant to Connecticut General Statutes § 22a-220a, the Board of Selectmen hereby designates the Bridgeport Resource Recovery System as the area where acceptable solid waste generated within the boundaries of Orange by residential, business, commercial or other establishments shall ultimately be disposed. On and after July 1, 1988, each person collecting any acceptable solid waste generated within the boundaries of this municipality shall deliver all such waste to the Orange Transfer Station located at South Orange Center Road at the rear of 440 Boston Post Road, unless the transfer station is incapable of accepting acceptable solid waste at the time of delivery, in which event such solid waste shall be delivered to the portion of the Bridgeport Resource Recovery System designated by the Orange Director of Public Works.

§ 331-4. Regulations and disposal charges.

The Orange Board of Selectmen shall implement, and revise from time to time as it finds necessary, regulations to administer the system of storage, collection and disposal of solid waste and refuse and to carry out the terms of this article. Any person delivering solid waste or refuse shall pay any disposal charge called for by said regulations.

§ 331-5. Penalties for offenses.

A. 
Pursuant to Connecticut General Statutes § 22a-220a(f), any collector who dumps more than one cubic foot in volume of refuse at one time in an area not designated for such disposal by this article shall for a first violation be liable for a civil penalty of $1,000 for each violation and $5,000 for a subsequent violation.
B. 
Any collector who otherwise violates this article or the regulations promulgated thereunder, and any other person or entity who violates this article or the regulations promulgated thereunder, shall be liable for a penalty of $100 for each violation.
C. 
The imposition of the monetary penalties set forth herein shall not preclude the town from seeking any other remedy, including but not limited to money damages and injunctive relief, as may be allowed by law.

Article II. Recycling

[Adopted 11-20-1990; amended in its entirety 2-10-2016]

§ 331-6. Authorization.

This ordinance is adopted pursuant to Connecticut General Statutes §§ 22a-220, 22a-220a, 22a-220c, 22a-241b and 22a-631.

§ 331-7. Declaration of policy.

The accumulation, collection, removal and processing and sale of certain recyclable materials designated as such by the Connecticut Commissioner of Energy and Environmental Protection must be controlled by this municipality for the protection of the public health, safety and welfare. It is consequently found and declared that:
A. 
This municipality is authorized by law to regulate the disposition of recyclable materials generated within its boundaries; and
B. 
This municipality is authorized by Connecticut General Statutes § 22a-220a to designate the area where certain recyclable materials generated from residential properties within its boundaries shall be taken for processing and sale; and
C. 
This municipality has executed the Inter-Community Agreement requiring it to cause all residential acceptable recyclable materials generated within its boundaries to be processed in accordance with that Agreement; and
D. 
The public health, safety and welfare of this municipality will be best served by requiring:
(1) 
That each person who generates solid waste from residential property within this municipality separate from other solid waste the items designated for recycling by the Connecticut Commissioner of Energy and Environmental Protection pursuant to Subsection (a) of Section 22a-241b of the Connecticut General Statutes; and
(2) 
That every other person who generates solid waste within this municipality make provisions for the separation from other solid waste of the items so designated for recycling; and
E. 
The enactment of this article is in furtherance of this municipality's approved regional Solid Waste Management Plan; and
F. 
The enactment of this article is in furtherance of this municipality's obligations pursuant to the Inter-Community Agreement.

§ 331-8. Definitions.

The following terms shall have the following meanings:
BOXBOARD
A lightweight paperboard made from a variety of recovered fibers having sufficient folding properties and thickness to be used to manufacture folding or set-up boxes, such as cereal boxes and shoe boxes. As used in this section, "boxboard" does not include paperboard that has been treated with a wax or laminate coating nor any removable plastic liners.
CARDBOARD
Corrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material.
COLLECTOR
Any person who holds himself out to collect refuse or solid waste from residential, commercial or other establishments.
COLORED LEDGER PAPER
Uncoated, printed or unprinted colored groundwood-free ledger, bond, writing, and other paper which has similar fiber and filler content.
COVERED ELECTRONIC DEVICES (CED)
Desktop or personal computers, computer monitors, portable computers, Cathode Ray Tube (CRT)-based televisions and non-CRT-based televisions or any other similar or peripheral electronic device specified in Connecticut General Statutes § 22a-629(5) or as specified in regulations adopted pursuant to Section 22a-638,[1] sold to consumers, but does not include:
A. 
An electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchise dealer, including replacement parts for use in a motor vehicle;
B. 
An electronic device that is functionally or physically a part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, including diagnostic, monitoring or control equipment;
C. 
An electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier;
D. 
Telephones of any type unless they contain a video display area greater than four inches measured diagonally; or
E. 
Any handheld device used to access commercial mobile radio service, as such service is defined in 47 CFR 20.
GLASS FOOD CONTAINER
A glass bottle or jar of any size or shape used to package food products suitable for human or animal consumption.
ITEMS DESIGNATED FOR RECYCLING
Those:
A. 
Items as defined by Connecticut General Statutes § 22a-207(27) and/or designated for recycling by the Commissioner of Energy and Environmental Protection in regulations adopted pursuant to Subsection (a) of Section 22a-241b, or designated for recycling pursuant to Section 22a-208v or 22a-256;[2] and
B. 
Plastic food and beverage containers, glass beverage containers, and metal beverage containers. By regulation published in the Connecticut Law Journal on March 28, 1989, as Section 22a-24lb-2 of the Regulations of Connecticut State Agencies, the Commissioner of Energy and Environmental Protection designated, as of that time, the following items required to be recycled:
(1) 
Boxboard;
(2) 
Cardboard;
(3) 
Colored ledger paper;
(4) 
Glass food containers;
(5) 
High density polyethylene containers or HDPE #2 containers;
(6) 
Leaves;
(7) 
Magazines;
(8) 
Metal food containers;
(9) 
Newspaper;
(10) 
Office paper;
(11) 
Plastic containers;
(12) 
Polyethylene terephthalate containers, PET #1 containers or PETE containers;
(13) 
Residential high-grade white paper;
(14) 
Scrap metal;
(15) 
Storage batteries; and
(16) 
Waste oil.
C. 
The term "items designated for recycling" herein shall include, without further action by this municipality, any and all legally adopted additions made by the Commissioner of Environmental Protection to any designation of items for recycling made pursuant to said Section 22a-24lb-2 of the Connecticut Department of Energy and Environmental Protection's Designated Recycling Regulation and items designated pursuant to Section 22a-631.[3]
OFFICE PAPER
Used or discarded high-grade white paper and manila paper, including, but not limited to, paper utilized for file folders, tab cards, writing, typing, printing, computer printing, and photocopying, which is suitable for recycling and which has a minimum of contamination.
PERSON
Any individual, partnership, firm, association, corporation or other entity.
PLASTIC CONTAINER
Any plastic packaging having a relatively inflexible finite shape or form, with a maximum capacity of three fluid gallons or its equivalent volume, that is capable of maintaining its shape while holding other products, including, but limited to, bottles, cartons and other receptacles.
POLYETHYLENE TEREPHTHALATE CONTAINER, PET CONTAINER, or PETE CONTAINER
A plastic container that, exclusive of closure or label, is composed of polyethylene terephthalate, a saturated thermoplastic polyester resin, and has an ASTM Resin Identification Number of 1 as defined in ASTM D7611 Standard Practice for Coding Plastic Manufactured Articles for Resin Identification. As used in this section, "polyethylene terephthalate container" does not include containers which held motor oil, pesticides, herbicides or other hazardous substances.
RESIDENTIAL HIGH-GRADE WHITE PAPER
Uncoated, printed or unprinted white groundwood-free ledger, bond, writing, and other paper that has similar fiber and filler content generated in a household setting.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units but shall not include hospitals, motels or hotels.
SCRAP METAL
Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including, but not limited to, white goods and metal food containers.
SINGLE STREAM RECYCLING
Also known as "fully commingled recycling." Refers to a collection system that mixes all recyclable paper fibers and containers together in a bin at the curb and in the collection truck.
STORAGE BATTERIES
Lead acid batteries or other batteries used in motor vehicles, such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
TRANSFER STATION
The Orange Transfer Station located at South Orange Center Road at the Rear of 440 Boston Post Road.
WASTE OIL
Crankcase oil that has been utilized in internal combustion engines.
[1]
Editor's Note: See C.G.S. § 22a-638.
[2]
Editor's Note: See C.G.S. § 22a-241b(a) and C.G.S. § 22a-208v or 22a-256, respectively.
[3]
Editor's Note: See Regulations of Connecticut State Agencies § 22a-24lb-2 and C.G.S. § 22a-631, respectively.

§ 331-9. Recycling required.

Each person who generates solid waste from residential property within the boundaries of this municipality shall separate from other solid waste the items designated for recycling, and every other person who generates solid waste within the boundaries of this municipality shall make provision for the separation from other solid waste of the items designated for recycling.

§ 331-10. Collection of certain items designated for recycling.

A. 
The municipality shall provide one recycling container, free of charge, to each residential property dwelling unit that has frontage on a public road. The container shall remain the property of the municipality and remain the property of the municipality and remain with the dwelling unit through changes in occupancy due to transfer from sale or rental.
B. 
Residents may purchase an additional or replacement recycling container from the municipality at a cost established by the Board of Selectmen.
C. 
Residents shall use only the recycling containers for the purpose of placing the recyclables for collection and they shall not be used for any other purpose. All items designated for recycling generated from residential property located within its boundaries shall be collected by the municipality.

§ 331-11. Residential curbside collection.

A. 
The recycling container shall be placed for collection purposes at the street line in a front facing position. The recycling container shall be placed at the street line not earlier than 12 hours before the scheduled time for collection on the scheduled collection days and shall be removed from the street line within 12 hours after the materials therein have been collected. The recycling containers shall be so placed in such a manner that they do not constitute a travel or health hazard.
B. 
Only recyclables generated from residential sources, with the exception of leaves, waste oil, covered electronic devices and scrap metal, shall be placed for residential collection. The collector shall deliver all recyclables from residential properties to such locations as shall be designated by the Orange Board of Selectmen from time to time.
C. 
The municipality shall not provide recycling collection to dwelling units located on private roads or rights-of-way, including, but not limited to, condominiums.

§ 331-12. Designation of location where certain items generated from residential properties shall be taken.

A. 
Pursuant to Section 22a-220a of the Connecticut General Statutes, the Board of Selectmen hereby designates the Orange Transfer Station as the place where items designated for recycling generated from residential property within its boundaries shall be taken if not collected by the municipality pursuant to § 331-10 of this article above.
B. 
Notwithstanding any other provisions of this article to the contrary, nothing contained in this article shall be deemed to prohibit any person from giving or selling items designated for recycling (including, without limitation, deposit beverage containers) generated by them directly to another person for lawful sale or processing of recyclables, whether for profit, not for profit, or charitable purposes, provided that any such items designated for recycling shall not have previously been:
(1) 
Set out for collection by this municipality pursuant to § 331-10 of this article and regulations adopted by this municipality in connection therewith; or
(2) 
Delivered to the transfer station.

§ 331-13. Regulations and disposal charges.

The Orange Board of Selectmen shall implement, and revise from time to time as it finds necessary, regulations to administer the system of separation and provisions for separation of recyclable materials from other solid waste, the collection of such recyclable materials, and to carry out the terms of this article. Any person delivering items of recyclable material to the transfer station pursuant to § 331-12 of this article shall pay any disposal charge called for by said regulations.

§ 331-14. Ownership of items designated for recycling; prohibition against scavenging.

Upon the placement of items designated for recycling generated from residential property into a recycling container provided by this municipality, such items designated for recycling shall become the property of the municipality, and it shall be prohibited for any person, other than the person who placed such items in the container and authorized agents of the municipality acting in the course of their employment, to collect, pick up, or remove from the containers, or cause to be collected, picked up or removed from the containers, any such items designated for recycling. It shall also be prohibited for any person other than authorized agents of this municipality, acting in the course of their employment, to collect, pick up or remove from the transfer station any items designated for recycling that have been delivered to the transfer station.

§ 331-15. Prohibition against mixing of items designated for recycling with other solid waste.

It shall be prohibited for any collector knowingly to mix any items designated for recycling with other solid waste generated within the boundaries of this municipality. It shall be prohibited for any collector knowingly to deliver to the transfer station any items designated for recycling mixed with other solid waste.

§ 331-16. Penalties for offenses.

A. 
Pursuant to Connecticut General Statutes § 22a-220a(f), any collector who knowingly mixes other solid waste with items designated for recycling in violation of § 331-15 of this article shall for a first violation be liable for a civil penalty of $1,000 and $5,000 for a subsequent violation.
B. 
Pursuant to Connecticut General Statutes § 22a-220a(f), any commercial establishment that fails to make provision for the separation from other solid waste of the items designated for recycling in violation of § 331-9 of this article shall be liable for a civil penalty of $500 for each violation.
C. 
Any collector or commercial establishment that otherwise violates this article or the regulations promulgated hereunder, and any other person who violates this article or the regulations promulgated hereunder, shall be liable for a penalty of $100 for each violation.
D. 
The imposition of the monetary penalties set forth herein shall not preclude the municipality from seeking any other remedy, including but not limited to money damages and injunctive relief, as may be allowed by law.

Chapter 334. Space Heaters

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 10-19-1982. Amendments noted where applicable.]

§ 334-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
LISTED
Equipment or materials included in a list published by a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation, that maintains periodic inspections of production of listed equipment or materials and whose listing states either that the equipment or material meets nationally recognized standards or has been tested and found suitable for use in a specific manner.
SPACE HEATER
Any heating unit designed to use solid, liquid, or gaseous fuel, and which is designed to heat or is used to heat the area in which it is located, and which is not connected with the central heating system.

§ 334-2. Use prohibited; exceptions.

A. 
It shall be unlawful to use or maintain any space heater in a building or structure in the Town of Orange.
B. 
Exceptions: A space heater may be used in a one-family dwelling to supplement the central heating system, if the heater is listed by a nationally recognized testing laboratory, inspection agency, or other organization as set forth in § 334-1 hereof. The prohibition of this § 334-2 shall not apply to any non-listed solid fuel space heater which was installed and safely functioning in a one-family dwelling prior to the effective date of this chapter.

§ 334-3. Temporary use during building construction.

During the construction of any building, prior to occupancy, space heaters may be temporarily installed and used if and when written permission for such use is issued by the Fire Marshal of the Town of Orange.

§ 334-4. Authority of Fire Marshal.

Nothing in this chapter shall diminish the authority of the Orange Fire Marshal pursuant to the Connecticut General Statutes to issue any order to abate any condition hazardous to life or property.

§ 334-5. Penalties for offenses.

Any person, firm or corporation who violates any provision of this chapter shall be subject to arrest and prosecution by the proper authorities and may be fined an amount not to exceed $100 for each violation. Each day of violation of this chapter shall constitute a separate offense.

Chapter 339. Streets and Sidewalks

[HISTORY: Adopted by the Town of Orange as indicated in article histories. Amendments noted where applicable.]
339a Addendum A

Article I. Excavation of Streets and Highways

[Adopted by the Special Town Meeting 2-6-1962]

§ 339-1. Permits.

No excavation shall be made in any town street or town highway or any street shown on an approved subdivision layout in the Town of Orange without first obtaining a permit in writing from the Selectmen and said Selectmen shall have the authority to grant such permits on such terms and conditions as hereinafter provided for the excavation and back filling of such excavations in any street or highway and for the replacement and resurfacing of any highway so removed for such excavation.

§ 339-2. Insurance bond.

A. 
No permit for excavating in any street or highway in the Town of Orange shall be granted until the applicant shall file with the Selectmen evidence of insurance coverage of not less than $100,000 - $300,000 bodily injury liability and $10,000 property damage and a performance bond in the amount of $1,000 conditioned that the applicant shall fill all excavations and shall restore the street or highway to a condition for resurfacing as approved by the Board of Selectmen or its agent, as hereinafter specified, and that under said insurance coverage and performance bond that the applicant will save and indemnify the Town of Orange from any and all liability, damages and costs that may in any manner be incurred by the Town of Orange by reason of or in connection with a permit for such excavation. All such bonds and insurance coverages required by this article shall be for the period of a calendar year and renewals shall be filed with the Selectmen before January 1 of each year.
B. 
The permittee may dispense with the filing of a separate bond for each excavation by filing annually with the Board of Selectmen the proper evidence of insurance coverage hereinbefore provided for, conditioned, however, that an application must be made for a permit for each separate excavation. Evidence of insurance coverage and performance bond satisfactory to the Board of Selectmen shall be presented to said Board of Selectmen.
C. 
No evidence of insurance and no bond shall be required of any public service company authorized to do business in the Town of Orange whose capital and surplus is in excess of $1,000,000.

§ 339-3. Excavation procedures.

The use of power machinery for excavations, by other than public service companies authorized to do business in the Town of Orange, shall be allowed only by special permission in writing of the Board of Selectmen or its agent. The permittee shall at all times take all proper precautions to safeguard any sewer lines, water mains, electrical conduits, telephone conduits, gas mains, gas lines, or other appurtenances encountered in excavation and shall properly maintain such installations so as to provide uninterrupted service of the same. In locations where the use of power equipment will endanger such installations, the work of excavating must be provided by hand labor. Excavations must be made in open cut and no tunneling will be allowed except by special written permission from the Board of Selectmen or its agent. Trenches shall be braced and sheeted when and as ordered by the Board of Selectmen or its agent.

§ 339-4. Restoring excavations.

All excavations made under permit within street lines provided for in this article shall be back filled with bank-run gravel or crushed stone or such other material as is approved by the Board of Selectmen or its agent. Back filling must be done in properly compacted layers of two feet for the entire depth of the trench, or by rolling with sufficiently heavy equipment to assure proper compacting. No muck, clay, frozen earth, or other deleterious material shall be replaced in the ditch. All muck, clay or other deleterious material shall be replaced with bank-run gravel or other material approved by the Board of Selectmen or its agent. All materials removed from the excavation not used for back filling shall be removed from the site and disposed of by the permittee. All ditches within the travel way of any street or highway shall be sealed immediately by the permittee with a suitable patching material.

§ 339-5. Maintenance.

The permittee shall guarantee to maintain the repaired excavation for a period of 60 days, when it shall be resurfaced by the Town of Orange, and in the event it is necessary to make any repairs to the excavation during this sixty-day period, this guarantee shall be extended to include a period of 30 days from the date of the repair work. The town shall not resurface excavations made by or on behalf of any public service company authorized to do business in the Town of Orange. Such public service companies shall resurface all excavations made by or on their behalf in 60 days after such excavation is made and shall leave the street or highway in as good condition as it was prior to such excavation.

§ 339-6. Protection of excavations.

All excavations shall be properly protected by barricades, danger warning signs and, during the night season, by proper flares or red warning lights. It shall be one of the conditions of the permits and the duty of the permittee to maintain these warning signs and lights at all times that the excavation is open. In the event that it is necessary to excavate across the entire width of any street or highway, only 1/2 of the street or highway must be excavated at one time and the same shall be properly restored for safe passing of vehicular traffic before the remaining 1/2 of the street is excavated. In the event of an emergency, when it shall become necessary to close the entire street or highway the Police Department and Fire Department shall be notified at once of the action to close the street or highway.

§ 339-7. Penalties for offenses.

If the permittee does not abide by all of the above stipulations and regulations the Town of Orange, by action of its Board of Selectmen, shall have the authority to refuse said permittee any permits for said work for any length of time that they deem necessary in case of an emergency. If the permittee or any of his representatives are not available, the town has the right to repair any defect to eliminate any hazard or remove any emergency it may deem necessary and permittee shall reimburse the town for any costs incurred in the completion of the same.

§ 339-8. Fees.

[Amended 5-13-2009[1]]
Each permit fee shall be established by the Board of Selectmen.
[1]
Editor's Note: This amendment also provided that it shall become effective 7-1-2009.

Chapter 350. Taxation

[HISTORY: Adopted by the Town of Orange as indicated in article histories. Amendments noted where applicable.]
Attachment 1 - Addendum A

Article I. Taxes Not Over $100

[Adopted by the Annual Town Meeting 10-6-1959]

§ 350-1. Payment in one installment.

[Amended by the Board of Selectmen 5-19-1981]
Motion was made, seconded and carried that approval be given to Public Act No. 157 making property taxes payable to the Town of Orange in an amount not in excess of $100 on any assessment list, due and payable in one installment.

Article II. Solar Energy Heating or Cooling Systems Exemption

[Adopted by the Board of Selectmen 7-19-1977]

§ 350-2. Adoption of statutory provisions.

Orange hereby authorizes the property tax exemption for solar energy heating or cooling systems set forth in § 12-81(56)(a), (b) and (c) of the Connecticut General Statutes.

Article III. Chinmaya Mission Fairfield New Haven Tax Exemption

[Adopted by the Board of Selectmen 6-11-2014[1]]
[1]
Editor's Note: On this date, the Board of Selectmen also repealed former Art. III, Legion of Christ Tax Exemption, adopted 2-2-1978.

§ 350-3. Exemption granted.

Any property tax exemption authorized by any of Subsections (7) to (16), inclusive, of Section 12-81 of the Connecticut General Statute to which the Chinmaya Mission Fairfield New Haven may be entitled with respect to the property acquired from Racebrook Estates, LLC, on October 7, 2013, shall be effective as of October 7, 2013, and the Tax Collector for the Town of Orange shall reimburse the Chinmaya Mission Fairfield New Haven for any tax paid by it for a period subsequent to said date or for any tax paid by the prior owner for a period subsequent to said date for which such organization reimbursed such owner on the transfer of title to such property.

Article IV. Tax Relief for Elderly Persons

[Adopted by the Board of Selectmen 7-9-1997]

§ 350-4. Tax credit granted.

Elderly residents of the Town of Orange may apply for real property tax credit with respect to real property owned and occupied by said residents, provided they meet the eligibility criteria set forth in this article.

§ 350-5. Eligibility.

For the purposes of this article, "qualified applicant" is a person who is 65 years of age or older, or whose spouse, living with that person, is 65 years of age or older or 60 years of age or older, and a surviving spouse of a taxpayer qualified in the Town of Orange at the time of his death with respect to real property which taxpayer and/or spouse are liable for taxes under Section 12-48 of the Connecticut General Statutes or under age 65 and eligible in accordance with applicable federal regulations to receive permanent total disability benefits under Social Security or have not been engaged in employment covered by Social Security and accordingly have not qualified for benefits thereunder, but have become qualified for permanent total disability benefits under any federal, state or local government retirement or disability plans, including the Railroad Retirement Act and any government-related teachers' retirement plan, which requirements with respect to qualifications for such permanent total disability benefits are comparable to such requirements under Social Security and meet the requirements which may be established by the Town with respect to maximum income allowable during the calendar year preceding the year in which an application is made and comply with all other provisions of the ordinance for tax relief. A qualified applicant must have reached the age set forth above by December 31 of the year preceding that for which an application is made.

§ 350-6. Residency.

For the purposes of this article, "resident status" shall be defined as follows: The applicant must have been a Town of Orange resident taxpayer whose Orange residence was such taxpayer's principal residence for at least one year immediately preceding his/her receipt of benefits. Residents may apply for tax relief pursuant to the terms of this article, provided that the property for which tax relief is sought must be the applicant's principal residence at the time of such application; located in Orange; and owned by the applicant. Eligibility for benefits thereunder shall be upon applicant's proof of ownership, resident status and financial eligibility. Any and all municipal taxes must be paid in full prior to any tax relief given. In order to be considered a principal residence, a minimum of 184 days per year must be spent in residence on the subject property by the applicant.

§ 350-7. Sale or transfer of property.

Benefits hereunder shall be prorated by the office of the Town Assessor in the event of the sale or other transfer of the affected real estate or the death of the applicant and surviving spouse, if applicable. All qualified applicants shall notify the Town Assessor in the event of the sale or other transfer of the affected real estate or the death of the owner or successor owner, if applicable.

§ 350-8. Applications.

Residents shall be qualified for the Town program, if they meet all requirements as contained within Section 12-170aa or Section 12-129b and receive tax abatement under these sections of the General Statutes. Applications may be submitted between February 1 and May 15 preceding the assessment date. Approved applicants shall be required to certify continuing eligibility at least once every two years, but in the event any provision of this article is amended, all those receiving benefits under this article at the time of said amendment shall be required to reapply. Failure to file an application under Section 12-170aa by May 15, the statutory deadline, will constitute a waiver of right to claim local real property tax relief, except as otherwise provided by this section.

§ 350-9. Income limits.

Maximum income eligibility limits are as set from time to time for the owners' program by Connecticut General Statutes Section 12-170aa and regulations promulgated thereunder. "Qualifying income" is defined as adjusted gross income and tax exempt interest, plus any other income not included in such adjusted gross income. This definition includes taxable income not reported for federal income tax purposes as well as nontaxable income.

§ 350-10. Amount of relief.

A. 
Applicants who meet the eligibility requirements shall be provided with a flat grant in an amount not to exceed $300 per applicant per tax year, which may be changed annually by the Board of Selectmen, but calculation of benefits conferred hereunder shall be exclusively based on the amount of local tax relief that the applicant received so that in no event shall total available benefits exceed 75% of the real property taxes assessed against the applicant, with partial benefits available to those persons who so qualify.
B. 
The total of all tax credits granted by the Town of Orange shall not exceed .05% of the prior year's total real estate tax assessed in the Town of Orange.

§ 350-11. Eligible owners.

Tax relief provided for in this article shall be limited to resident owners of single-family residences and resident owners of occupied structures containing four or fewer multiple-family dwelling units. Tax relief provided pursuant to this article shall be pro-rated to the applicant's share of ownership, or if such property is a multiple-family dwelling, such relief shall be pro-rated to reflect the fractional portion of such property occupied by the taxpayer.

§ 350-11.1. Additional benefits.

Tax relief granted pursuant to this article shall not disqualify eligible taxpayers from any other benefits to which they may be entitled as provided by law.

§ 350-11.2. Amendments.

This article shall be governed, amended and implemented in accordance with Section 12-129n of the Connecticut General Statutes.

Article V. Property Tax Exemption for Ambulance-Type Motor Vehicles

[Adopted by the Board of Selectmen 7-8-1998]

§ 350-12. Exemption granted.

Pursuant to Section 12-81c of the Connecticut General Statutes, any ambulance-type motor vehicle which is exclusively used for the purpose of transporting any medically incapacitated individual, except any such vehicle used to transport any such individual for payment, shall be exempt from local property tax.

§ 350-13. Definitions.

As used in this article, the following terms shall have the meanings indicated:
AMBULANCE-TYPE MOTOR VEHICLE
Any motor vehicle specially equipped or modified in a significant way for the purpose of transporting medically incapacitated individuals, including but not limited to the inclusion of lift, the equipping with stretchers, beds, or other special seating accommodations, and significant modifications to accommodate medical or emergency equipment such as oxygen.
USED EXCLUSIVELY
The vehicle is used and devoted primarily and inherently for the purpose of transporting medically incapacitated individuals and does not mean vehicles used partly for transporting medically incapacitated individuals and partly for other purposes.

§ 350-14. Application for exemption.

Applications for such exemption shall be filed annually with the Town Assessor's office, in such manner and including such information as required by the Town Assessor, no later than November 1 immediately following the assessment date with respect to which such exemption is claimed. For vehicles registered after October 1, but prior to July 31 immediately following, application must be made 30 days after the initial date of registration. This section shall be applicable with respect to the assessment year which commences October 1, 1998.

Article VI. Tax Abatement for Volunteer Firefighters

[Adopted by the Board of Selectmen 10-13-1999]

§ 350-15. Abatement granted.

The property taxes of each volunteer firefighter of the Orange Volunteer Fire Association, Inc., who has served as a volunteer firefighter for the Town of Orange for not less than two immediately preceding calendar years shall have any real and/or motor vehicle property taxes owed to the Town of Orange by such firefighter abated in an amount equal to the lesser of the total amount of real and/or motor vehicle property taxes owed to the Town of Orange for such fiscal year or an amount as calculated in the following schedule:
COLUMN A
COLUMN B
COLUMN C
Years of Service As a Volunteer Firefighter
Amount of Taxes Abated <25% Fire Attendance Immediate Preceding Calendar Year
Amount of Taxes Abated >25% Fire Attendance Immediate Preceding Calendar Year
2
$100
$200
3
$200
$400
4
$300
$600
5
$400
$800
6 or more
$500
$1,000

§ 350-16. Eligibility.

To be eligible for the tax abatement pursuant to this article for any fiscal year, an eligible volunteer firefighter shall on or before April 30th prior to such fiscal year present a written statement certified to by the Chief of Orange Volunteer Fire Association, which statement shall include the name and address of said firefighter, that said firefighter has served as a volunteer firefighter for the Orange Volunteer Fire Association for not less than the two immediately preceding calendar years, the total number of years of service of said firefighter as a volunteer firefighter for the Town of Orange, the percentage of fires attended during the immediately preceding calendar year and certification of compliance with the requirements of § 350-20 of this article. Years of service shall not be deemed to have been interrupted by department medical leave, by military service with the United States, or by injury where workers compensation is invoked. When a person has served as a volunteer firefighter, left such service, and then returned to volunteer firefighting duty, the person shall not be eligible for the tax abatement until he or she has completed one full calendar year of service. The person's total years of service will then include the number of previous years served.

§ 350-17. Application of abatement.

The tax abatement under this article shall be applied first as against any real property taxes owing to the Town of Orange and then against motor vehicle taxes owing to the Town of Orange. In the event that the tax to which the abatement is applied is paid in installments, then the exemption shall be applied 50% to each installment.

§ 350-18. Record of abated taxes.

The Tax Collector of the Town of Orange shall maintain a record of all taxes abated in accordance with this article.§ 350-19. Abatement applicable to property owned individually, jointly or as tenant.

§ 350-19. Abatement applicable to property owned individually, jointly or as tenant.

The tax abatement under this article shall be applicable for any real property or motor vehicle of a volunteer firefighter eligible for such abatement whether such property is owned individually, jointly, or as tenant in common with one or more other persons.

§ 350-20. Attendance at meetings and drills.

A volunteer firefighter shall not be eligible for a tax abatement under this article unless that firefighter, during the immediately preceding calendar year, has attended at least four regular or special meetings of the Orange Volunteer Fire Association, Inc., and has attended at least 20 instructional drills, including all mandatory drills, or has documented with the Training Officer at least 30 hours of equivalent training. Firefighters who have met the above requirements and who have attended less than 25% of the calls to which the department has been dispatched shall receive a tax abatement in accordance with § 350-15, Column B. Firefighters who have met the above requirements and who have attended 25% or more of the calls to which the department has been dispatched shall receive a tax abatement in accordance with § 350-15, Column C.

Article VII. Tax Relief for Certain Elderly and/or Totally Disabled Homeowners

[Adopted by the Board of Selectmen 4-25-2000]

§ 350-21. Purpose.

The purpose of this article is to assist elderly or disabled homeowners with their real property taxes. Pursuant to Section 12-129n of the Connecticut General Statutes the Town grants a tax credit for eligible residents of the Town on the terms and conditions hereinafter provided.

§ 350-22. Effective date of tax credit.

[Amended 5-10-2006]
The tax credit shall commence with the taxes due on the Grand List of October 1, 2005 (Fiscal Year 2006/2007), and thereafter until the article shall be repealed or modified by action of the Board of Selectmen.

§ 350-23. Eligibility.

The following criteria shall be met to be eligible for the tax credit:
A. 
Applicants are:
(1) 
Sixty-five years or over at the close of the preceding calendar year, or whose spouses living with them are 65 years of age or over at the close of the preceding calendar year or 60 years of age or over and the surviving spouse of a taxpayer qualified under this article at the time of his or her death, or with respect to real property on which such applicants or their spouses are liable for taxes under Section 12-48 of the Connecticut General Statutes; or
(2) 
Under age 65 and eligible in accordance with applicable federal regulations to receive permanent total disability benefits under Social Security, or have not been engaged in employment covered by Social Security and accordingly have not qualified for benefits thereunder, but have become qualified for permanent total disability benefits under any federal, state or local government retirement or disability plan, including the Railroad Retirement Act and any government-related teacher's retirement plan, in which requirements with respect to qualifications for such permanent total disability benefits are comparable to such requirements under Social Security;
B. 
Applicants have been taxpayers of the Town for 10 years immediately preceding their receipt of tax credits under this article, except that any applicant who received a tax credit under this article in the year preceding the October 1, 2008, grand list shall continue to be eligible to receive a tax credit under this article notwithstanding the ten-year residency requirement;
[Amended 3-11-2009]
C. 
Applicants own the real property located in Town or are liable for the payment of taxes pursuant to Section 12-48 of Connecticut General Statutes;
D. 
Applicants occupy the real property as their principal residence which is defined as having used the residence for not less than 184 days during each calendar year; and
E. 
Applicants have applied for and would be eligible for tax relief under Section 12-170aa of the Connecticut General Statutes, as amended, except for applicants' income levels, may qualify for tax credits under this article if their federal tax return reflecting their adjusted gross income shall not exceed $52,000 annually.
[Amended 5-10-2006; 3-11-2009]

§ 350-24. Applications.

A. 
Applicants shall provide to the Assessor for the Town such information required to determine eligibility.
B. 
Initial applications, together with such information required to determine eligibility for tax relief, shall be presented to the Assessor each year between February 1 and May 15. The application period for Fiscal Year 2006/2007 under this article shall be between February 1, 2006, and June 1, 2006. Thereafter, applicants shall file annually for tax credits under this article.
[Amended 5-10-2006]

§ 350-25. Determination of tax relief and relief allowed.

A. 
The Assessor shall review applications and information provided by applicants seeking tax credits under this article. The Assessor shall determine eligibility of applicants no later than June 1 of each year and notify the Tax Collector of the amount of tax credit.
B. 
Total tax relief.
(1) 
The total of all reliefs granted under the provisions of this article for any tax year shall be equal to 0.50% of the total Town budget approved by referendum.
[Amended 5-10-2006; 3-11-2009]
(2) 
The total tax relief of property tax revenue, based on the estimate in any tax year by the Board of Finance or equivalent body of the town, which may be granted in such tax year by such Town pursuant to the provisions of Connecticut General Statute Section 12-129n, Subsection (c), shall not exceed an amount equal to 10% of the total real property tax assessed in such Town in the preceding tax year.
C. 
Applicants who are determined eligible for tax credits under this article shall receive a tax credit toward the payment of their real property tax on their legal domicile equal to the dollar amount defined in § 350-25B(1) divided by the total number of eligible applicants, provided that such credit shall be in conjunction with property tax relief under Sections 12-129b to 12-129d, inclusive, 12-129h[1] and 12-170aa shall not exceed in the aggregate the total amount of tax laid against the taxpayer. The relief granted by the Town of Orange, together with all elderly benefits obtained from the State of Connecticut pursuant to state law, shall not result in a reduction of the applicant's total real estate tax by more than 75% of the total amount thereof.
[Amended 5-10-2006]
[1]
Editor's Note: Former § 12-129h of the Connecticut General Statutes was repealed 1999, P.A. 99-89, § 9, eff. 6-3-1999.
D. 
In any case where title to real property is recorded in the name of the taxpayer or his or her spouse, who is eligible for tax relief, and any other person or persons, the tax relief under this article shall be prorated to allow a tax credit equivalent to the fractional share in the property of such taxpayer or spouse, and the persons not otherwise eligible for tax relief shall not receive any tax credit.
E. 
Only one tax relief as heretofore set forth shall be allowed for each parcel of land eligible for the tax relief under this article.
F. 
In the event the real property of a qualified applicant is sold, assigned, granted, or conveyed during the fiscal year when a credit is applicable, regardless of whether such transfer, assignment, grant or conveyance was voluntary or involuntary, the amount of the tax credit shall be prorated by a fraction, the numerator of which shall be the number of full months from the first day of July to the date of conveyance and the denominator of which shall be 12. The grantee shall be required within a period not exceeding 10 days immediately following the date of such conveyance, to notify the Assessor or in the absence of such notice, upon determination by the Assessor that such conveyance has occurred, determine the prorated amount. The Tax Collector shall, within 10 days thereafter, mail or hand a bill to the grantee stating the additional amount of tax due. Such tax shall be due and payable and collectible as other property taxes and subject to the same liens and principles of collections, provided such tax shall be due and payable in an initial or single installment within 30 days after the date of the bill.

§ 350-26. Lien rights.

In the event the tax credit provided by this article in combination with any tax relief for which such applicant may be eligible in accordance with Sections 12-129b to 12-129d, inclusive, 12-129h[1] or 12-170aa, exceeds in the aggregate 75% of the property tax which such applicant would be liable but for the benefits under this article and the sections mentioned, the Town shall be required pursuant to Connecticut General Statute Section 12-129n to establish a lien on such property in the amount of the total tax relief granted, plus interest at a rate of 10%. Such lien shall have a priority in the settlement of the applicant's estate.
[1]
Editor's Note: Former § 12-129h of the Connecticut General Statutes was repealed 1999, P.A. 99-89, § 9, eff. 6-3-1999.

§ 350-27. No conflict with state statutes.

This article shall not be construed to conflict with any state statute, rule or regulation.

§ 350-28. Report.

The Finance Director shall annually prepare a report for the Board of Selectmen and the Board of Finance providing a break-down of the cost of the Senior Tax Relief Program and the number of qualified participants in the program.

Article VIII. Additional Property Tax Exemption for Veterans

[Adopted by the Board of Selectmen 9-5-2002; amended in its entirety 5-10-2017[1]]
[1]
Editor’s Note: This ordinance also provided for the renumbering of former §§ 350-30, 350-31, 350-32, and 350-33 to §§ 350-31, 350-32, 350-33, and 350-34, respectively.

§ 350-29. Additional exemption authorized; amount.

Any veteran entitled to an exemption from property tax in accordance with Subdivision (19) of Section 12-81 of the Connecticut General Statutes shall be entitled to an additional exemption applicable to the assessed value of property, up to the greater of the amount of $20,000 or 10% of the assessed value of the veteran's property, provided such veteran's qualifying income does not exceed the applicable maximum amount as provided under Section 12-81l of the Connecticut General Statutes, as amended from time to time.

§ 350-30. Additional exemption authorized for disabled servicemen and veterans; amount.

Any veteran entitled to an exemption from property tax in accordance with Subdivision (20) of Section 12-81 of the Connecticut General Statutes shall be entitled to an additional exemption applicable to the assessed value of the eligible veteran's property in the amount of $3,000, provided such veteran's qualifying income does not exceed the applicable maximum amount as provided under Section 12-81l of the Connecticut General Statutes, as amended from time to time.

§ 350-31. Exemption for surviving spouse.

Any veteran's surviving spouse entitled to an exemption from property tax in accordance with Subdivision (22) of Section 12-81 of the Connecticut General Statutes shall be entitled to an addition exemption applicable to the assessed value of property, up to the greater of the amount of $20,000 or 10% of the assessed value of the veteran's property, provided such surviving spouse's qualifying income does not exceed the maximum amount applicable to an unmarried person as provided under Section 12-81l of the Connecticut General Statutes, as the same may be amended from time to time.

§ 350-32. Application required.

Any veteran or veteran's spouse seeking an exemption pursuant to this article shall file an application with the Assessor as provided under Section 12-81f of the Connecticut General Statutes, as may be amended from time to time.

§ 350-33. Effective date.

The exemptions provided for in this article shall be applicable to assessment years commencing on and after October 1, 2016, except that the exemption provided for in § 350-30 and the increased exemptions provided for in §§ 350-29 and 350-31 shall be applicable to assessment years commencing on and after October 1, 2017.

Article IX. New Haven Hebrew Day School Tax Exemption

[Adopted by the Board of Selectmen 12-10-2003; amended in its entirety 6-10-2015]

§ 350-34. When effective.

Any property tax exemption authorized by any of subsections (7) to (16), inclusive, of § 12-81 of the Connecticut General Statutes to which the New Haven Hebrew Day School may be entitled with respect to the property acquired from Shalom Katz, located at 259 Derby Avenue, Orange, Connecticut, 06477, on October 30, 2002, shall be effective as of October 30, 2002, and the Tax Collector for the Town of Orange shall reimburse the New Haven Hebrew Day School for any tax paid by it for the period subsequent to said date, and with respect to the property acquired from the Estate of Manuel and Edith W. Finkel, located at 642 Dogwood Road, Orange, Connecticut, 06477, on October 23, 2012, shall be effective as of October 23, 2012, and the Tax Collector for the Town of Orange shall reimburse the New Haven Hebrew Day School for any tax paid by it for the period subsequent to said date.

Chapter 356. Tobacco Products, Advertisement of

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 5-18-1998. Amendments noted where applicable.]

§ 356-1. Tobacco outdoor advertisements.

A. 
No person may place any sign, poster, placard, device, graphic display, or any other form of advertising that advertises cigarettes, tobacco, or smokeless tobacco in publicly visible locations.
(1) 
"Publicly visible location" means any:
(a) 
Outdoor location visible to the public including, but not limited to, outdoor billboards, roofs and sides of buildings, water towers and free-standing signboards; and
(b) 
Doors or windows reasonably visible to the public from the outside at a distance of two feet from such doors or windows; and
(2) 
"Publicly visible location" does not mean or include any location intended to be visible only by those inside a premises, a private residence or a multiple dwelling unit.
B. 
This section does not apply to:
(1) 
The placement of signs, including advertisements, inside business premises that sell cigarettes, tobacco or smokeless tobacco where such signs are not visible from a public or private street.
(2) 
The placement of signs, including advertisements, on commercial vehicles used for transporting cigarettes, tobacco, or smokeless tobacco.
(3) 
Any sign that contains the name or slogan of the business premises referred to in Subsection B(1) that has been placed for the purpose of identifying such premises, provided it is not a cigarette, tobacco or smokeless tobacco product "brand name."
(4) 
Any signs not located within 1,000 feet of any zone permitting residences under Chapter 383, Zoning, determined to be areas where children are not usually present (identify specific locations by zoning code -- this is necessary for ordinance to be constitutional -- if you can justify the fact that children are likely to be everywhere then you can have an overall ban-see pgs. 13 and 14 of Model Ordinance).
C. 
No person shall dispense or cause to be dispensed cigarettes, tobacco or smokeless tobacco products from vending machines at any location within the Town of Orange.
D. 
This section shall not be construed to permit any display that is otherwise restricted or prohibited by law.

§ 356-2. Public service advertising.

This chapter shall not be construed to prohibit the display of public service messages designed to communicate the hazards of cigarettes, tobacco products or smokeless tobacco or to encourage minors to refrain from consuming or purchasing tobacco products. However, this section shall not be construed to permit such a message when it is made in conjunction with the positive display of a recognized image, artwork, photograph, logo or graphic used for marketing or promotion of cigarettes, tobacco products or smokeless tobacco.

§ 356-3. Permits.

A. 
No persons shall place any tobacco advertising display within the areas affected by the provisions of this chapter without first having secured a written permit from the Sign Administrator. The Board of Selectmen designates the Zoning Enforcement Officer of the Town of Orange as its Sign Administrator.
B. 
Every person desiring a permit to place any advertising display shall file an application with the Board of Selectmen of the Town of Orange.
C. 
The application shall be filed on a form to be furnished by the Sign Administrator or by his agent. It shall set forth the name and address of the applicant and shall contain a general description of the property upon which it is proposed to place the advertising display for which a permit is sought and a diagram indicating the location of the proposed advertising display on the property, in such a manner that the property and the location of the proposed advertising display may be readily ascertained and identified.
D. 
The applicant for any permit shall offer evidence that the owner or other person in control or possession of the property upon which the location is situated has consented to the placing of the advertising display.
E. 
An application for a permit to place a display shall contain a description of the display, including its material, size and subject and the proposed manner of placing it.
F. 
If the applicant for a permit is engaged in the outdoor advertising business, the application shall contain the number of the state license.
G. 
If the application is in full compliance with the state and local laws, the Sign Administrator or his authorized agent shall, within 10 days after compliance and upon payment by the applicant of a $500 fee, issue a permit to place the advertising display for the remainder of the calendar year in which the permit is issued.
H. 
Permits shall be renewed on the first day of January of each year upon the application and the payment of fees as provided in this chapter and shall expire on the 31st day of December of that year.
I. 
Each permit provided in this section shall carry an identification number and shall entitle the holder to place the advertising display described in the application.
J. 
Identification number plates shall be furnished by the Sign Administrator; each shall bear the identification number of the advertising display to which it is assigned.
K. 
No person shall place any advertising display unless there is securely fastened upon the front thereof an identification number plate of the character specified in Subsection J. The placing of any advertising display without having affixed thereto a valid identification number plate is prima facie evidence that the advertising display has been placed and is being maintained in violation of the provisions of this chapter and shall be deemed a public nuisance subject to abatement in accordance with applicable law.

§ 356-4. Sign administration.

A. 
The Board of Selectmen shall appoint a Sign Administrator who is directed to administer and enforce the terms and conditions of this chapter and all other provisions of laws relating to signs. The Sign Administrator is empowered to delegate the duties and powers granted by this section to other persons under his/her direct supervision. The Sign Administrator and such other person(s) shall constitute the Sign Administration Section of the Board of Selectmen. Until changed by vote of the Board of Selectmen, the Zoning Enforcement Officer shall serve as the Sign Administrator.
B. 
The duties of the Sign Administrator shall include not only the issuance of permits as required by this chapter, but also the responsibility of ensuring that all signs comply with this chapter and any other applicable law and that all signs for which a permit is required do, in fact, have a permit. The Sign Administrator shall make such inspections as may be necessary and initiate appropriate action to bring about compliance with this chapter and other applicable law if such inspection discloses any instance of noncompliance. The Sign Administrator shall investigate thoroughly any complaints of alleged violations of this chapter.

§ 356-5. Violations; penalties for offenses; civil actions.

A. 
Any person or business entity who violates any provision of this chapter shall be guilty of an infraction and, upon conviction in any court of competent jurisdiction, shall be subject to administrative assessment of civil penalties.
B. 
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.
C. 
Each day of violation is a separate infraction.
D. 
Penalties for violations shall be $100 for each offense, with an additional $100 per day for each day that the violation continues.
E. 
In addition to the other remedies provided in this section, any violation of this chapter may be enforced by a civil action brought by the Board of Selectmen. In such action, the Board of Selectmen may seek, and the Court shall grant, as appropriate, any or all of the following remedies:
(1) 
A temporary and/or permanent injunction;
(2) 
Assessment of the violator for costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, including but not limited to reasonable costs of preparing the bringing of legal action under this subsection, and attorney compensation;
(3) 
Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;
(4) 
A finding, after two or more violations of this chapter involving the same outdoor sign, that the outdoor sign constitutes a public nuisance.
F. 
Other remedies, if any, as set forth in Chapter 383, Zoning, shall also apply to this chapter.

§ 356-6. When effective.

The effective date of this chapter shall be on the date of its enactment provided the provisions of this chapter shall not, except with respect to renewals of any contract occurring after the effective date, be interpreted or applied in a manner which will impair or affect any right or obligations under any contract in existence as of the effective date of this chapter.

Chapter 360. Trees

[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 5-12-1999. Amendments noted where applicable.]

§ 360-1. Scope.

The provisions of this chapter shall apply to all trees and shrubs on public areas in the Town of Orange and on private areas in the Town of Orange which endanger the life, safety or health of persons or property.

§ 360-2. Purpose.

It is the purpose of this chapter to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the Town of Orange. This chapter is created in recognition that trees produce oxygen, reduce the content of carbon dioxide in the air, have an important role in air purification, stabilize soil erosion, contribute to flood control, assist in neutralizing waste water as it passes through from the surface to the ground water table and lower aquifer, are an invaluable physical and psychological resource of the town, contributing to the quality of life by providing shade and natural "air conditioning," habitat for bird life, reducing noise levels and adding to the beauty of the landscape. By this chapter, the Town of Orange regulates and controls planting, removal, maintenance and protection of trees and shrubs to promote and enhance the beauty of the Town.

§ 360-3. Definitions and word usage.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
MAINTENANCE/PROTECTION
All operations of trimming, pruning, spraying, injecting, fertilizing, treating, bracing, surgery and cutting above or below ground.
PLANTING
The permanent placement of any tree or shrub.
PUBLIC AREA
Includes all public ways, grounds and other lands owned by, leased to, or under the control of the Town.
[Amended 12-10-2003]
REMOVAL
Actual physical removal or the effective removal through poisoning or other direct or indirect action resulting in the death of a tree or shrub.
TREES AND/OR SHRUBS
All woody vegetation on any public or private area.
B. 
Municipalities shall not