WHEREAS, The Town finds that litter deposited upon its roads, sidewalks, public lands, and other places under its control is unsightly and offensive; and
WHEREAS, The Town may incur costs related to the cleanup and proper disposal of such litter; and
WHEREAS, The Town also finds that litter deposited in or carried into drains and waterways may interfere with the proper function thereof;
NOW, THEREFORE, it is ordained by the Town of Sprague that the following ordinance is hereby enacted and adopted, effective fifteen (15) days after publication hereof:
Ashes: All ashes and cinders.
Commercial waste: All trash, garbage, scrap or refuse from stores, businesses, or other commercial or industrial establishments, and shall include waste building materials.
Garbage: Every kind of animal or vegetable matter, refuse and waste, including domestic animal feces, but shall not include wastepaper, sweepings, drugs, bottles, broken glass or other rubbish.
Recyclable materials: Materials which are suitable to separate and use as a product or dispose of by some method other than incineration or landfilling.
Rubbish: Wastepaper, floor sweepings, broken glass, sawdust, discarded clothing and bedding, and other similar rubbish that ordinarily accumulates in a home.
SECTION 2. - Littering prohibited; penalty for violation.
(b) Any person, firm or corporation found in violation of this section will be subject to a fine in an amount to be set by the Board of Selectmen, plus any cleanup costs incurred by the Town if such litter is not removed and properly disposed of.
SECTION 3. - Depositing on public property or in catch basins or drains; sweeping into sidewalk or street.
(b) Any person, firm or corporation found in violation of this section will be subject to a fine in an amount to be set by the Board of Selectmen, plus any cleanup costs incurred by the Town if such litter is not removed and properly disposed of, and, if applicable, the cost of remedying any consequent obstruction, blockage or other damage.
SECTION 4. - Enforcement
The First Selectman, or his or her designee, shall enforce the provisions of this Ordinance.
Effective Date: April 5, 2012
The purpose of this ordinance is to regulate the keeping of dogs and prohibit the roaming at large of dogs and other animals in the streets and public places of the Town of Sprague and to prevent cruelty to dogs and other animals, pursuant to C.G.S. Section 7-148(c)(7)(D)(i) and (ii), and to prescribe penalties and enforcement procedures for violation of local and state regulations pertaining to dogs and other animals as set forth in C.G.S. Chapter 435, as amended, C.G.S. Secs. 7-152c and 7-148(c) (10) and this ordinance.
2. Prohibited acts.
It shall be a violation of this article for any owner or keeper of a dog:
A. To allow such dog to roam at large upon the land of another and not under control of the owner or keeper or the agent of the owner or keeper, or to allow such dog to roam at large on any portion of any public highway and not attended by and under control of such owner or keeper or his agent; the unauthorized presence of any dog on the land of any person other than the owner or keeper of such dog or on any portion of a public highway, when such dog is not attended by and under the control of such owner or keeper, shall be prima facie evidence of a violation of the provisions of this article.
B. To obstruct or attempt to obstruct the canine control officer or warden engaged in the discharge of such person's duties.
C. To perpetrate any act of cruelty upon any dog or other animal.
D. Not to have a tag or plate on a collar around the neck or on a harness on the body of such dog.
E. Not to have complied with any order or regulation relating to rabies applicable to such dog.
F. To abandon or neglect or cruelly treat any such dog.
G. Not to have such dog licensed in the Town Clerk's office as required by state law.
H. To allow such dog to inflict damage or harm to human beings, domestic animals or property.
I. To allow such dog to go on a highway and growl, snap, bite or otherwise annoy any person or domestic animal lawfully using such highway or chase or interfere with any motor vehicle so using such highway.
J. To permit such dog to become a nuisance by reason of vicious disposition or excessive barking or any other disturbance or by permitting such barking or other disturbance when such is a source of annoyance to any sick person residing in the immediate vicinity.
K. To crop or cut or cause to be cropped or cut off the whole or any part of the ear of a dog unless such person is a registered veterinarian surgeon.
L. Not to clean up or dispose of immediately any feces or other waste matter discharged by a dog on public property, including highways and sidewalks, or on any private property not owned or controlled by the owner, agent or keeper of the dog.
3. Violations and penalties.
Any person violating any of the above provisions shall be fined not less than $25 nor more than $100. Under no circumstance may a fine imposed under this Ordinance exceed the fine which might be imposed under state law for the same conduct. The Town canine control officer or warden shall issue citations for violations of any provisions set forth above. All moneys received shall be remitted to the Treasurer of the Town of Sprague.
4. Hearing procedure for citations.
A. The Board of Selectmen shall appoint the Chairman of the Board of Regional Animal Control District as the citation hearing officer to conduct the hearings authorized by this section. The Board of Selectmen shall appoint the Vice-Chairman of the Board of Regional Animal Control District as the alternate citation hearing officer in the event of the unavailability of the citation hearing officer to conduct the hearing.
B. 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 this article, the Town shall send notice to the owner or keeper of the dog. Such notice shall inform said owner or keeper of the following:
(1) The allegations against said owner or keeper and the amount of the fines, penalties, costs or fees due.
(2) That said owner or keeper may contest his liability before a citation hearing officer by delivering in person or by mail written notice within 10 days of the date of the notice.
(3) That if the owner or keeper does not demand such a hearing, an assessment and judgment shall be entered against said person.
(4) That such judgment may issue without further notice.
C. If the owner or keeper who is sent notice pursuant to Subsection B above wishes to admit liability for any alleged violation, said person may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees in person or by mail to an official designated by the Town. Any owner or keeper who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided in Subsection B above 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 law and shall follow the procedures set forth below.
D. Any owner or keeper 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 the notice, provided that 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 Town official shall be filed and retained by the Town. The presence of the issuing official shall be required at the hearing if such owner or keeper so requests. An owner or keeper wishing to contest his/her liability shall appear at the hearing and may present evidence in his/her behalf. A designated Town official, other than the hearing officer, may present evidence on behalf of the Town. If such owner or keeper fails to appear, the hearing officer may enter an assessment by default against him/her upon a finding of proper notice and liability. The hearing officer may accept from such owner or keeper 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 not necessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as the hearing officer 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 the hearing officer determines that the owner or keeper is not liable, the hearing officer shall dismiss the matter and enter his determination in writing accordingly. If the hearing officer determines that the person is liable for the violation, the hearing officer shall forthwith enter and assess the fines, penalties, costs or fees against such owner or, keeper as provided by this article and applicable law.
E. If any assessment entered by the hearing officer 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 New London judicial district, together with an entry fee of $8. The certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period, multiple assessments against the same person may be accrued and filed as one record of assessment. The Clerk of the Superior Court shall enter judgment in the amount of such record of assessment and court costs of $8 against such person in favor of the Town. The hearing officer's assessment, when so entered as a 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.
F. The owner or keeper against whom an assessment has been entered pursuant to this article is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry for a small claims case pursuant to C.G.S. Section 52-259 in the Superior Court for the geographical area in which the Town is located, which shall entitle said owner or keeper to a hearing in accordance with the rules of the judges of the superior court.
If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effective.
This ordinance shall be effective fifteen (15) days after publication of notice of its adoption.
Effective Date: April 5, 2012
WHEREAS, the Town of Sprague has a significant interest in encouraging the creation of job opportunities for residents and local businesses within the Town. The Town will benefit from expanded jobs and business opportunities for the residents and businesses of the Town through additional revenues generated by its activities. It is in the interest of the Town and its residents to give preference on eligible local projects to local bidders who may likely have direct and physical economic relationships with the Town.
NOW, THEREFORE, it is ordained this 19th day of March, 2012, by the Town of Sprague that the following local preference ordinance is hereby enacted and adopted.
"Town” means the Town of Sprague.
B. Local Preference.
2. This Ordinance is applicable to contracts for the procurement of goods and/or services where competitive bidding or a request for proposal is required or elected by the Town; the total contract price or value is over $50,000; and the contract is not for school construction subject to statutorily required competitive bidding.
3. Where competitive bidding or a request for proposal is required or elected, the award shall be made to a Local Business if the Local Business produces the lowest qualified bid or proposal. In the event the lowest qualified, responsible and responsive bidder is not a Local Business, the lowest nearest qualified, responsible and responsive Local Business, whose bid or proposal is within [up to 5%] of the lowest non-local business, shall be allowed to match the offer or bid of the non-local business, and, if the Local Business matches it competently with reliability, resources and ability to the satisfaction to the Town, the Local Business shall be awarded the contract. The Town’s decision on the award shall be final.
4. In the event where any federal or state grant, in whole or in part, is used to fund any part of the project, purchase or contract, and the state or federal guidelines or requirements prohibit or restrict local preferences, then there shall be no local preference.
This Ordinance will become effective thirty (30) days after publication in accordance with law.
Effective Date: April 20, 2012
#2012-2 Abatement of Interest on Property Tax, Or Tax Installment, For Active-Duty Armed Forces Members
WHEREAS, the Town finds that among its taxpayers there may be armed forces members called to active service;
WHEREAS, the Town recognizes the hardships which such calls to active service may cause;
WHEREAS, the Connecticut Legislature, pursuant to Public Act 11-62 and effective October 1, 2011, has authorized municipalities to waive interest upon property taxes due, for a period of one year on any property tax or any installment or part thereof that is payable by any resident of the state who (1) is a member of the armed forces of the United States or of any state or of any reserve component thereof, (2) has been called to active service in the armed forces, and (3) is serving outside the state on the final day that payment of such property tax or tax installment or part thereof is due;
NOW, THEREFORE, the Town of Sprague hereby enacts and adopts the following ordinance:
A. Definitions. For the purposes of this Ordinance:
(2) "Active duty” means being subject to current military orders;
(3) "Property” shall mean taxable real and personal property, including motor vehicles.
B. On or after October 1, 2011, upon application to the Tax Collector, no person who is a resident of the State of Connecticut and by whom property tax is payable in the Town of Sprague shall be charged interest nor shall interest be collected for a period of one year upon any property tax or any installment or part thereof, if such person is a member of the armed forces and has been called to active service, and is serving outside the state on the final day that payment of such property tax or tax installment or part thereof is due.
C. Each applicant shall provide the Tax Collector with a copy of his or her current military orders, leave and earnings statement (LES), and any other documentation the Tax Collector may deem necessary. Once initially approved, all applicants shall be required to file for such interest abatement annually thereafter.
D. The interest abatement provided for in this Ordinance, in any case where title to property is held in the name of an applicant and any other person or persons (other than the applicant’s spouse or minor child) shall be pro-rated to reflect the fractional share of such applicant.
E. This Ordinance shall become effective fifteen (15) days after publication of notice of its adoption. If any provision of this ordinance is declared to be invalid, it shall be severable from the remainder of the ordinance, the remaining provisions continuing to have full force and effect. Nothing herein shall be construed to limit or impair the Town’s rights to collect taxes, interest, charges and other fees, to file liens against real or personal property, nor to bring actions to collect said taxes; nor shall anything in this ordinance relieve or be construed to relieve any person of any obligation to pay taxes, obligations, interest, penalties, or comply with any provision of law, except as set forth herein.
Effective Date: April 5, 2012
#2012-1 Optional Tax Relief Program For Veterans or Spouses Eligible for Exemption under C.G.S. 12-81
WHEREAS, the Town finds that among its citizens there are veterans of the armed forces of the United States in service in time of war, and the surviving spouses of such veterans; and
WHEREAS, the Town recognizes the contributions and sacrifices of its veterans; and
WHEREAS, the Connecticut Legislature has authorized property tax exemption for veterans, pursuant to subdivision (19) of Section 12-81 of the Connecticut General Statutes; and
WHEREAS, the Connecticut Legislature, by enactment of Section 12-81f of the Connecticut General Statutes, has authorized municipalities to establish an optional property tax relief program to provide additional tax exemption for such veterans or surviving spouses, who meet income qualifications which each municipality may establish;
NOW, THEREFORE, it is ordained by the Town of Sprague that the following ordinance is hereby enacted and adopted :
BE IT RESOLVED that, under the authority of Connecticut General Statutes Section 12-81f, the Town of Sprague hereby establishes an optional municipal property tax relief program for veterans or surviving spouses, in accordance with the following provisions:
(2) "veteran” means any person honorably discharged from, or released under honorable conditions from active service in, the armed forces;
(3) "service in time of war” means service of ninety or more cumulative days except, if the period of war lasted less than ninety days, "service in time of war" means service for the entire period of war, unless separated from service earlier because of a service-connected disability rated by the Veterans' Administration, during a period of war; and
(4) "property” shall mean a homeowner’s principle residence, owned and occupied as such, and shall include no more of the surrounding land owned by the homeowner than would meet the minimum lot size allowed under any applicable zoning regulations, whether or not it has been so subdivided. No tax relief for any additional improved or unimproved real estate owned by the homeowner, whether or not contiguous with the Property, shall be granted under the authority of this Ordinance.
(5) "qualifying income” means the applicable maximum amount as provided under section 12-81 l of the Connecticut General Statutes, as amended.
B. Upon application to the Assessor, any veteran entitled to an exemption from property tax under the provisions of section 12-81(19) of the Connecticut General Statutes shall be entitled to an additional exemption in the amount of Ten Thousand Dollars ($10,000), provided that such veteran’s qualifying income does not exceed the maximum qualifying income plus Twenty-Five Thousand Dollars ($25,000). The additional exemption provided for under this section shall be applied to the assessed value of an eligible veteran’s property.
C. Upon application to the Assessor, a surviving spouse of any veteran who, if living, would be entitled an exemption from property tax under the provisions of section 12-81(19) of the Connecticut General Statutes shall be entitled to an exemption in the amount of Ten Thousand Dollars ($10,000), provided that such surviving spouse’s qualifying income does not exceed the maximum qualifying income plus Twenty-Five Thousand Dollars ($25,000). The exemption provided for under this section shall be applied to the assessed value of an eligible surviving spouse’s property.
D. Application for property tax exemption pursuant to this Ordinance shall be made to the Assessor annually, not earlier than September 1st and with a deadline of October 1st of each year. Each application shall include a copy of the applicant’s federal income tax return, or in the event such return is not filed, such evidence related to income as may be required by the Assessor, for the tax year ending immediately prior to the assessment date with respect to which such additional exemption is claimed. Once initially approved, all applicants shall be required to file for such exemption annually thereafter.
E. Eligibility for other property tax exemption:
Nothing in this Ordinance shall not disqualify any resident of the Town of Sprague who is a veteran or the surviving spouse of a veteran with respect to any property tax exemption to which he or she may be entitled to apply for pursuant to any other provision of the Connecticut General Statutes or any Public Act, and any property tax exemption granted under this Ordinance shall be in addition to any benefit for which such resident shall be eligible under said General Statutes or any Public Act, subject to any contrary provision thereof.
F. Pro-rated relief for certain property jointly owned multi-family dwellings:
The property tax relief provided for in this Ordinance may, in any case where title to real property is recorded in the name of a qualifying veteran or his or her qualifying surviving and any other person or persons, shall be pro-rated to reflect the fractional share of such veteran or surviving spouse or, if such property is a multiple-family dwelling from which income is derived, such relief may be prorated to reflect the fractional portion of such property occupied by such veteran or surviving spouse.
G. Effective Date:
This Ordinance shall become effective fifteen (15) days after publication of notice of its adoption. If any provision of this ordinance is declared to be invalid, it shall be severable from the remainder of the ordinance, the remaining provisions continuing to have full force and effect. Nothing herein shall be construed to limit or impair the Town’s rights to collect taxes, interest, charges and other fees, to file liens against real or personal property, nor to bring actions to collect said taxes; nor shall anything in this ordinance relieve or be construed to relieve any person of any obligation to pay taxes, obligations, interest, penalties, or comply with any provision of law, except as set forth herein.
Effective Date: April 5, 2012
This ordinance shall be known as the Noise Control Ordinance of the Town of Sprague.
Section 2 Purpose
It is found that excessive sound and vibrations are harmful to the quality of life, and the health, safety and welfare, of persons living, residing and visiting the Town, in that excessive sound and vibration adversely affect sleep habits, attentiveness to duty, work, study and personal affairs, adversely affect commerce, businesses, and pedestrians, and adversely affect the use and enjoyment of public areas such as streets and sidewalks, parks and other recreational lands and areas of the Town; and
It is found that persons residing within the Town of Sprague should enjoy an environment free from excessive sound and vibrations; and
It is found that a substantial body of science and technology exists by which excessive noise may be substantially abated; and
It is found that excessive noise must be controlled by ordinance to protect, preserve and promote the public health, safety and welfare.
Therefore, pursuant to Connecticut General Statutes Sections 7-148, 14-80a, and 22a-67, et seq., and Connecticut General Statutes Sections 7-148(b)(7)(H)(viii) and 22a-73, the Town hereby adopts this Ordinance and declares its enforcement to be a Town priority.
Section 3 Prohibitions
Except as provided in Section 4 of this ordinance, it shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to be loud or unreasonable when it disturbs, injures, or endangers the peace or health of another or when it endangers the health, safety, or welfare of the community. Any such noise shall be considered to be a noise disturbance and a public nuisance when it is audible by a person of normal hearing at a distance of 100 or more feet from a property line within which boundary line is the source of the noise.
Section 4 Express prohibitions
The following acts, which enumeration shall not be deemed to be exclusive, are declared to be a noise disturbance:
A. All motor vehicles operated within the limits of the Town of Sprague shall be subject to the noise standards and decibel levels set forth in the regulations authorized in federal, state, and local laws and regulations, including but not limited to Conn. regulation sections 14-80a-1a through 14-80a0-10a as amended from time to time.
B. It shall be unlawful for any person to operate a motor vehicle having a stereo, radio, sound amplification system, or other sound system, that may be heard a distance of 100 feet or more from the motor vehicle by a person of normal hearing;
C. It shall be unlawful for any person in charge of a party or other social event to allow that party or event to produce noise in a loud or offensive manner such that the noise interferes with the peace or health of members of the public. A person shall be deemed to be in charge of a party or social event when that event occurs on private property and the person is present at the event and resides on the premises involved, or is a person who lives in or on the premises involved and who has authorized the use of the premises for such event. In addition, the owner/landlord of the property and any person managing the property, will also be considered to be in charge of the party or social event jointly and severally. It shall be unlawful for any person to produce loud or offensive noise which may be heard by a person of normal hearing at a distance of 100 feet as measured from the property line from which the sound emits.
Section 6 Exclusions
This Ordinance shall not apply to any noise emitted by or related to:
B. The unamplified sounding of the human voice.
C. The unamplified sound made by any wild or domestic animal.
D. Sound created by bells, carillons or chimes associated with specific religious observances.
E. Sound created by a public emergency signal attached to an authorized emergency vehicle, as authorized by subsection (d) of Section 14.80 and Section 14-1a of chapter 246 of the General Statutes and all amendments thereto, or located within or attached to a building, pole or other structure for the purpose of sounding an alarm relating to fire or civil preparedness.
F. Sound created by safety and protective devices.
G. Farming equipment or farming activity.
H. Back-up alarms required by OSHA or other State or Federal safety regulations
I. Sound generated by any mobile source of noise. Mobile sources of noise shall include, but are not limited to, such sources as aircraft, automobiles, trucks and boats. This exclusion shall cease to apply when a mobile source of noise has maneuvered into position into a loading dock, or similar facility, has turned off its engine and ancillary equipment, and has begun the physical process of removing the contents of the vehicle.
J. Any noise the regulation of which would be preempted by state or federal noise regulations, including the exclusions provided in Connecticut General Statutes Section 22a-74a and for 14-80a, as amended from time to time.
K. And any future exclusions in Connecticut Department of Environmental Protection regulations Sec. 22a-69-1.7, or Section 14-80a.
Section 7 Conditional Exemptions
The following shall be exempt from this Ordinance, subject to the special conditions noted:
B. Noise generated by any construction equipment operated during daytime hours.
C. Noise created by any recreational activities sanctioned by the Town, including, but not limited to, parades, sporting events, festivals, concerts and firework displays.
D. Noise created by blasting, provided that the blasting is conducted between 8:00 a.m. and 5:00 p.m. local time and provided that a permit for such blasting has been obtained from state or local authorities.
E. Noise created by snow removal equipment provided that the noise discharged from exhausts is adequately muffled to prevent loud and/or explosive noises therefrom.
F. Noise created by a 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.
G. Noise not exceeding the levels or duration specified by the Town's zoning commission or zoning board of appeals, provided that compliance with the Town's noise regulations does not preclude enforcement by the state under the state noise plan or other provisions.
Section 8 Enforcement
B. A person who violates any provision of this ordinance shall be given an initial written warning.
C. A subsequent offense of any provision of this ordinance shall be deemed a civil ordinance violation and shall be punishable by a fine of Two Hundred Fifty Dollars ($250).
D. Where the violation involves a motor vehicle and the person cited is not the owner, the owner of the vehicle shall be jointly and severally responsible with the driver for the payment of the fine.
E. Where the violation involves a motor vehicle, the Town may report unpaid fines to the Connecticut Department of Motor Vehicles.
F. The fine shall be paid within five (5) days of its issuance, and any person failing to make payment within the said five (5) days shall be charged interest at the rate of Eighteen Percent (18%) per annum.
G. A person who files a complaint falsely or without a reasonable basis may be prosecuted in the same manner as filing a false report according to law.
H. The identification of property lines under this ordinance shall be sufficient if the location is reasonably ascertained by the presence of fences, driveways, vegetative borders, rock walls, utility facilities, or landmarks conventionally associated with boundary line demarcation. Metes and bounds or other forms of surveys are not required.
I. The measurement of distances under this ordinance shall be sufficient if undertaken by reasonable and reliable approximation, such as but not limited to pacing the distance or estimating the distance by comparison to car lengths, driveway widths, yard dimensions that can be verified by assessor's or other reliable maps, or similar non-technical but reasonably accurate measuring techniques.
Section 9 Exclusivity, Criminal Acts, Conflicts and Severability
The provisions and remedies under this ordinance are not exclusive and shall be in addition to any other provisions and remedies provided for in any Town ordinance or section of the general statutes or which are available under common law.
Nothing here in shall be construed to in any way restrict or limit the enforcement of the criminal laws by the Town of Sprague, the State of Connecticut or the United States, including the criminal enforcement of disorderly conduct and civil disobedience statutes and laws. In addition, nothing herein shall be construed to limit, impair or affect the regulatory authority of any board, official or commission, to regulate noise or sound, decibel levels or their effects, nor to place more restrictive restrictions upon any use, activity, property or person. Nothing herein shall be construed to be a defense against any prosecution for any civil, administrative or criminal proceeding.
If, for any reason, any word, clause, paragraph or section of this ordinance shall
be held to make the same unconstitutional or superseded by any state law or regulation, or invalidated, this ordinance shall not thereby be invalidated and the remainder of the ordinance shall continue in effect.
Section 10 Effective Date and Miscellaneous
This Ordinance shall be effective 30 days after publication, as provided by law.
Effective Date: May 2, 2011
(2) For purposes of this ordinance, "motor vehicle” means a trailer of any kind (including travel trailers, camping trailers, truck camper, fifth-wheel trailer, flatbed trailer, horse trailer, park trailer or semi-trailer), a private motor coach, a bus, a truck of gross weight exceeding 8,500 pounds, a manufactured home or a mobile home.
(3) The ordinance shall not apply a motor vehicle parked (a) for up to 18 hours while actively engaged in loading or unloading passengers, merchandise or materials or (b) for up to 48 hours if the vehicle is involuntarily parked because of mechanical failure or other emergency.
(4) Notwithstanding anything herein to the contrary, the Selectmen may designate, by sign, area on any street, highway or public parking lot, within which a motor vehicle may be parked, and the Selectmen may regulate and determine the days and hours of parking within said area.
(5) The term "person” means, in this Ordinance, any person, firm, corporation, or association owning or controlling any motor vehicle.
(6) Any person found to be violating any provision of this Ordinance shall be subject to a written warning for the first offense, and for any second or subsequent offence to a fine of $100. Where the violation is continuing, each day shall be considered to be a separate violation.
(7) The following are hereby exempt from the provisions of this Ordinance:
(b) Emergency vehicles owned or operated by the Town of Sprague;
(c) Construction motor vehicles and equipment involved in an active construction project.
This ordinance shall be effective 30 days after publication, as provided by law.
Effective Date: May 2, 2011
1. Powers and Duties.
The Commission shall be an advisory body and report to the First Selectman and the Board of Selectmen, and to such other Town officials and agencies as the Board of Selectmen may direct. In furtherance of its advice, the Commission shall:
- Identify opportunities for farming additional lands in and about Sprague;
- Promote opportunities for residents and local businesses to support and value farming;
- Serve as a communication vehicle between non-profit agencies, funders, and local farmers;
- Work to create a climate that supports the economic viability of farming as a career;
- Work to create a sustainable agriculture community;
- Perform studies having a goal to secure, protect and foster the land base necessary for future agricultural uses;
- Serve as a general information source for town agencies and residents concerning agriculture;
- Support young farmers by supporting local, regional, and state vocational agricultural education and 4-H programs; and
- Identify grants and other funding sources that may possibly assist farming, husbandry and agriculture.
2. Membership. The Commission shall consist of five (5) regular members who shall be appointed by the Board of Selectmen. The Board of Selectmen may appoint alternate members such that there are no more than two (2) at any one time, and may replace members and fill vacancies. Insofar as it is practical, members shall representative of those interested in the management, protection and regulation of agriculture, farming and husbandry.
Effective Date: October 9, 2010
b. The term "farm” includes farm building, and greenhouses, hoophouses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities.
c. The term "aquaculture” means the production of protein food, including fish, oysters, clams, mussels and other mollusks and shellfish, on leased, franchised and public underwater farmlands.
2. Expression of Immunity and Support. Notwithstanding any general statute or municipal ordinance or regulation pertaining to nuisances to the contrary, no agricultural or farming operation, place, establishment or facility, or any of its appurtenances, or the operation thereof, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable (a) Odor from livestock, manure, fertilizer or feed, (b) noise from livestock, or farm equipment used in normal, generally acceptable farming procedures, (c) dust created during plowing or cultivation operations, (d) use of chemicals, provided such chemicals and the method of their application conform to practices approved by the Commissioner of Environmental Protection, or, where applicable, Commissioner of Health Services, or (e) water pollution from livestock or crop production activities, except the pollution of public or private drinking water supplies, provided such activities conform to acceptable management practices for pollution control approved by the Commissioner of Environmental Protection; provided such agricultural or farming operation, place, establishment or facility has been in operation for one year or more, and has not been substantially changed and such operation follows generally accepted agricultural practices. Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commissioner of Agriculture or his designee shall be prima facie evidence that such operation follows generally accepted agricultural practices.
3. Exclusions. The provisions of this ordinance shall not apply whenever a nuisance results from negligence or willful or reckless misconduct in the operation of any such agricultural or farming operation, place, establishment or facility, or any of its appurtenances.
4. No limitation. Nothing contained in this ordinance shall restrict, limit or restrain the authority of the Town to enact, repeal, apply, enforce or otherwise adopt and use regulations and laws involving land use, environmental protection, building and construction, fire and safety, water and sewer, nor limit, restrain or restrict any of the Town’s other administrative, legal power or authority. The Town’s administrative agencies may enact regulations to advance farming within the Town of Sprague, subject to law.
5. Consistency. The provisions of this ordinance shall be construed to be consistent with Section 19a-341, as may be amended from time to time.
6. Effective Date. This ordinance shall be effective (15) fifteen days after publication thereof in accord with the General Statutes.
Effective Date: October 9, 2010
Section 22-331a of the Connecticut General Statutes provides that any two or more contiguous towns, each of which has a population of less than 25,000, may agree to be served by regional animal control services by action of their legislative bodies and seek the establishment of a region for these purposes with the approval of the Commissioner of Agriculture.
Whereas, it is found that it is in the interest of the Town of Sprague to coordinate with other towns its animal control services, to advance the health and welfare of the citizens and of the pets and animals existing within the Town.
1. The Town of Sprague shall become part of a region for the purpose of promoting and carrying out animal control, within the meaning of Section 22a-331a, with the towns of Franklin, Lebanon and Bozrah.
2. The First Selectman is hereby authorized to enter into an agreement for the provision of regional animal services with the Towns of Franklin, Lebanon and Bozrah pursuant to Section 22-331a, in a form satisfactory to the selectmen and the Town Attorney.
3. This ordinance shall take effect fifteen days after publication in accordance with the Connecticut General Statutes.
Effective date: July 30, 2010
#2009-5 Amending Ordinance 1967-1, “An Ordinance Creating a Water and Sewer Authority for the Town of Sprague.”
Section 8 of Ordinance 1967-1, "An Ordinance Creating a Water and Sewer Authority for the Town of Sprague is hereby deleted in its entirety, and the following is substituted in its place:
Section 8. The Sprague Water and Sewer Authority shall determine the rate of compensation for its members on the basis of meetings attended.
Except as provided herein, all other provisions of Ordinance 1967-1 shall remain in full force and effect. Nothing herein shall diminish or affect any decision, order, permit or other action issued or taken by the Authority.
This ordinance shall become effective thirty (30) days after publication.
Effective date: January 22, 2010
Section 2. Definitions:
For the purposes of this chapter, the following words, terms and phrases shall have the following meanings, unless the context clearly indicates otherwise:
1. Blighted Property Any building, structure or parcel of land, including single family or multi-family residential, or commercial, whether occupied or vacant, in which at least one of the following conditions exists:
b) The State Health Code
c) The State Fire Safety Code
1.2 It is being used for or used as store or harbor for illegal activity as documented by the Police Department or the State Police, including criminal activities per investigations, arrest warrant applications and actual arrests or convictions.
1.3 The condition of the building, structure or parcel of land constitutes an unsafe structure and poses a serious or immediate danger to the safety, health or general welfare of the community;
1.4 It is not being adequately maintained, as determined by the following factors: missing windows or doors; collapsing or missing walls, roof or floors; seriously damaged or missing siding or the building is otherwise dilapidated; a structurally faulty foundation; physical hazards, rodent harborage and infestation, failure in proper storage of garbage, trash, rubbish, grocery carts, tires, hubcaps; keeping more than one unregistered vehicle in good working order and ready for registration, or any abandoned or junk vehicle, or discarded vehicle parts on the premises visible from a public way (unless the premises is a junkyard legally licensed by the State of Connecticut; graffiti; fire damage;
1.5 It has twenty-five percent (25%) or more flaking, peeling or missing paint on any one exterior elevation visible to the public from the public way or having exterior paint which is chipped, blistered, flaking or peeling to such an extent that it would be obvious that it has not been maintained to the standards of other structures in the area;
1.6 It is a factor creating substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other space within the neighborhood.
1.7 It is a factor that has led to the cancellation of insurance on proximate properties;
1.8 It is adjacent to a sidewalk, and its sidewalk is in any way obstructed by or littered with any substance, including trees, bushes, overgrowth, leaves, gravel, dirt, rubbish, garbage, bulky waste or trash which would in any way impede or imperil public travel upon said sidewalk or render it unsafe or unsightly; or
1.9 It attracts or harbors vectors, rodents, insects, vermin and disease carrying animals.
3. Dilapidated Any building or structure or part thereof that would not qualify for occupancy or which is an unsafe structure, and any dwelling unit or units which is unfit or unsafe for human habitation or is unsafe for persons walking around it or nearby it.
4. Exempt property (i) Any property acquired by the Town through foreclosure, eminent domain, or by a deed in lieu of foreclosure would only be exempt from the provisions of this ordinance, and (ii) any building or structure undergoing remodeling being diligently conducted and pursued under an active building permit would only be exempt during such remodeling period.
5. Neighborhood An area of the Town comprised of premises or parcels of land any part of which is within a radius of 800 feet of any part of another parcel or lot within the Town.
6. Sidewalk Improved and unpaved areas adjacent to streets, highways, and those public rights of ways used for vehicular traffic, which are used for pedestrian or bicycle traffic.
7. Proper Storage Proper storage of garbage or any items for disposal is defined as in containers that are normally stored out of site or behind the building. The containers must be covered. Containers may be placed on the sidewalk 12 hours before pick up and must be removed from the sidewalk within12 hours after.
Section 3. Creation or maintenance of a blighted property prohibited.
No person, firm or corporation, no owner, agent, tenant, operator, possessor of real property, and no other person responsible for the care, maintenance and/or condition of real property, shall cause or allow any blighted property, as defined in Section 2, to be created, maintained or continued.
Section 4. Enforcement.
1. The Town of Sprague, acting directly or by or through its any person or persons designed by the First Selectman to be an Enforcement Officer, may enforce this ordinance according to law by civil action or in such manner is authorized by law. In addition to any other remedy, such officer may serve written notice to an owner, agent, tenant or person responsible of any violation, and within the notice or by separate order, may order the correction and cessation of such violation, which shall constitute an Order to Abate. The notice may be hand delivered or mailed to the last known address of the owner, operator or any of the persons identified in Section 3 of this Ordinance. If the notice is mailed only to one of the responsible parties it shall in no way be or be construed to be a release of any other responsible party. If there is more than one responsible party identified in the Order, the responsibility for complying with the Order shall be joint and several. Notwithstanding anything to the contrary, the notice shall state the violation(s) of this Ordinance and, when conditions indicate that imminent harm may occur to any person or property, the enforcement officer may require abatement within twenty-four (24) hours from the time of notification or immediately as may be necessary. Said notice may be enforced by way of civil action.
2. If the owner, agent, tenant or responsible person fails to correct the violations or fails to provide notice to the Town of his or her intent to correct the violations set forth in the Order to Abate within a reasonable period of time, and if any violation continues unabated after ten days from the date such order is served, or if the owner fails to correct the violations as set forth in his or her notice to the Town, the Town of Sprague may issue an Enforcement Citation as specified in this Ordinance.
3. If the owner, agent, tenant or responsible person fails to correct the violations the Town may take any action necessary to abate the nuisance at any time after the initial twenty- four hour notice and Order at the expense of the owners and send an invoice for the Town’s costs of such abatement to the owner of the property. The expense incurred by the Town to abate the violation, together with a reasonable administrative fee that relates to the abatement, as set forth in the invoice, the amount set forth in such invoice, together with interest at 18% percent annum, shall become a lien upon the land if such invoice remains unpaid in whole or in part fro period of more than six months, and said officer shall file upon the land records a notice of the lien which shall state the address of the property, the name of the record owner, and the amount of the lien. Said lien may be foreclosed and enforced in the same manner as an emergency lien or other municipal lien.
4. The Enforcement Officer shall issue a written warning prior to the issuance of a Citation, which written warning may precede a notice or the order, or the Citation.
Section 5. Penalties.
Violations of the provisions of this Ordinance shall be punishable by a fine of up to one hundred dollars ($100.00) for each day a violation exists and continues after issuance of an Enforcement Citation or an Order.
Section 6. Municipal Abatement.
In any action to enforce this ordinance or to enforce any violation hereof, including the failure to pay a fine or penalty, the Town may recover its costs, any and all fines provided for herein, equitable and legal relief, along with any reasonable attorneys fees and its witness fees, and such other relief as permitted by law.
Section 7. Recording of lien.
In addition to having a lien for abatement expenses, any unpaid fines or costs of abatement shall constitute a lien upon the real estate in accordance with C.G.S. Section 7-148aa, and each such lien shall be continued, recorded and released as provided for therein.
Section 8. Criminal acts, conflicts and severability.
Nothing here in shall be construed to in any way restrict or limit the enforcement of the criminal laws by the Town of Sprague, the State of Connecticut or the United States, including the criminal enforcement of disorderly conduct and civil disobedience statutes and laws. In addition, nothing herein shall be construed to limit, impair or affect the regulatory authority of any board, official or commission, to regulate noise or sound, decibel levels or their effects, nor to place more restrictive restrictions upon any use, activity, property or person. Nothing herein shall be construed to be a defense against any prosecution for any civil, administrative or criminal proceeding. If, for any reason, any word, clause, paragraph or section of this ordinance shall be held to make the same unconstitutional or superseded by any state law or regulation, or invalidated, this ordinance shall not thereby be invalidated and the remainder of the ordinance shall continue in effect.
Section 9. Effective Date.
This ordinance shall become effective thirty (30) days after publication.
Effective Date: January 22, 2010
#2009-3 Regulating Building and Maintenance of Approaches to Any Street or Highway in the Town Of Sprague
Section 1. Driveway Permit
Section 2. Driveway Details
Section 3. Driveway Bond
Section 4. Construct/Repair Sidewalk
B. If, after notice, the property owner fails to comply with Subsection A hereof, the Board of Selectman shall cause the same to be done at the expense of the property owner. Said expense shall be a lien upon the premises adjoining such sidewalk, driveway apron or curb, and the Selectmen shall cause a certificate of lien to be recorded in the Town Clerk’s office within sixty (60) days from the completion of such construction or repair.
Section 5. Sidewalk Maintenance
B. Snow, ice and sleet shall be removed within twenty-four (24) hours after the end of snowfall or precipitation.
C. In case snow, ice and sleet on any sidewalk, driveway apron or curb shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall be strewn and be kept strewn with sand, ashes, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleaned of snow, ice, sleet and other materials strewn thereon, as provided in the ordinance.
D. Any other obstructions placed upon any sidewalk, driveway apron or curb so as to constitute a hazard to the public shall be removed immediately.
E. After the expiration of the time limit as aforesaid for removing such snow, ice, sleet or obstruction, the Selectmen shall cause the same to be removed and the expense thereof shall be a lien upon the premises adjoining such sidewalk, footway, driveway apron or curb. The Selectmen shall cause a certificate of lien to be recorded in the Town Clerk’s office within sixty (60) days from the completion of such construction or repair.
F. In addition to the Town’s other remedies, any person who fails to comply with Section 5 of this ordinance shall on the first offense be issued a written warning; upon the second offense, shall be issued a fine by ticket of fifteen dollars ($15.00), and upon the third or more offenses, shall be issued a fine by ticket of thirty dollars ($30.00). Said person or owner shall make payment to the Town Clerk within five (5) days of the violation. Any person or owner not making payment within five (5) days shall suffer a double penalty, and thereafter to be charged interest at the annual rate of eighteen percent (18%). Said amounts, unpaid for thirty days or more, shall become a lien upon the land and the Town may file liens as provided for herein.
G. Any lien herein may be foreclosed in the same manner as tax liens, and shall have priority over all mortgages, liens and encumbrances except for real estate tax liens and sewer and water charge liens.
This ordinance shall become effective thirty (30) days after publication.
Effective Date: December 20, 2009
Section 1. Purpose
The purpose of this Ordinance is to promote the Town public safety, health and welfare.
Section 2. Definitions
a) "Hawker" or "Peddler"- Any person, whether principal or agent, who goes from town to town or from place to place in the same town selling or bartering, or carrying for sale or barter, or exposing therefore, any goods, wares or merchandise, either on foot or from any vehicle.
b) "Solicitor"- Any person, whether principal or agent, who goes from town to town or from place to place in the same town for the purpose of taking or attempting to take orders for the sale of goods, wares or merchandise, for future delivery or for services to be performed in the future, either on foot or from any vehicle.
Section 3. Permit required
No person, except as hereinafter stated, shall hawk, peddle, vend, sell, offer for sale or solicit, upon any public streets or upon any state highway, except limited access highways, or from house to house, within the Town of Sprague or on any land abutting such streets or highways, any goods, wares, periodical subscriptions, or any other merchandise or services without a written permit issued by the Town Clerk upon the filing of an application as hereafter provided.
Section 4. Exceptions
a) The permit requirement of Section 3 shall not apply to sales by farmers and gardeners of the produce of their farms, gardens and greenhouses, including fruit, vegetables and flowers, or to the sale, distribution and delivery of milk, teas, coffees, spices, groceries, meats and bakery goods, to sales on approval, to conditional sales of merchandise, or to the taking of orders for merchandise for future delivery when full payment is not required at the time of solicitation.
b) The permit requirement of Section 3 shall not apply to individuals or groups who are duly authorized to act for and on behalf of, any recognized charitable, civic or religious organization.
Section 5. Authority to issue written permit; duration; fee
The Town Clerk is authorized to issue a written permit as required by Section 3 to any proper person or entity, which permits shall be issued at a rate of sixty dollars ($60.00) per year and shall be valid for one (1) year. Permits issued to business entities shall authorize said entities to be represented by one named person only. If additional personal representatives are sought, additional written permits will be required for each such additional representative and additional fees shall be collected accordingly. Permits issued shall be signed by the Town Clerk, shall contain a photo as provided for in Section 6, shall state the expiration date for such permit and shall contain such other information consistent with the purpose of this chapter as the Town Clerk may require. Said permit shall be valid only between 9:00 A.M. and dusk and may specify the area or areas within the town for which permit shall be valid.
Section 6. Application for permit, procedure, requirements
(a) Every person or entity seeking a written permit under this chapter shall submit to the Town Clerk a written application on such form as may be required by the Town Clerk. Said application may require reasonable personal information for identification purposes. Said application shall include two accurate photographs of the profile and face of the applicant or its representative should the applicant be an entity. Said application shall also request such other further reasonable information, including information regarding previous felony or misdemeanor convictions involving crimes of moral turpitude, as shall not be prohibited by law. A criminal record check shall be completed by the Town Clerk and the Town Clerk may ask the resident State Trooper to conduct such investigation. The applicant shall submit a criminal record check form, as provided by the Town Clerk, and submit the same together with any fee required in addition to the application fee set forth herein. Said application shall also request a statement as to the goods and services to be covered by the requested permit, and the written permit issued will be limited accordingly. Failure to supply the information requested shall be a sufficient basis for the Town Clerk to refuse to issue said permit. In the case of entities, a separate application, permit and fee will be required for each proposed entity representative, and each application shall be signed by both the representative and the entity which he or she represents. A permit may be suspended by the Town Clerk, after notice and hearing, if any of the terms and conditions of its issuance are violated or if personal information comes to the attention of the Town Clerk through a police check or otherwise, of such a nature as would have caused the Town Clerk to withhold issuance in the first instance. Applications must be acted upon by the Town Clerk within a period of thirty (30) days from initial submission thereto.
(b) Applications for permits for operations intended to be substantially permanent and/or stationary shall be accompanied by a written consent from the property owner and any businesses located on or immediately adjacent to the proposed location. Such a location will also require either approval or waiver from the town planner stating that the proposed operation is either consistent with or not governed by Sprague zoning. In no event shall a substantially permanent or stationary operation be approved if located in a residential zone. For the purposes of this section, substantially permanent or stationary shall be defined as an operation that is fixed and immobile for periods in excess of two (2) consecutive hours of any given day. Any town ordinances which may restrict hours of operation for retail sales, deliveries, etc., shall apply without the necessity of being noted on the written permits. The Sprague Health Officer may also require that the proposed operation be serviced or adequate provision be made for running water and toilet facilities. The applicant shall also disclose the nature of the operation and all vehicular and business property to the Sprague tax assessor for treatment consistent with local taxation.
(c) Any permit issued pursuant to this ordinance shall be conspicuously displayed on a lanyard supplied by the Town Clerk at all times while the permittee is engaged in the activities regulated by this Ordinance.
(d) No permit shall be issued to any person who has not obtained a permit to engage in or transact business as a seller within the state in accordance with Connecticut General Statutes section 12-409.
(e) No permit fee shall be required from any resident of Connecticut who has resided within Connecticut for a period of two years next preceding the date of application for such permit, who is (1) a veteran who served in time of war, as defined in Connecticut General Statutes section 27-103, (2) a hawker or peddler as defined in Connecticut General Statutes section 21-36, and (3) a principal pursuant to Connecticut General Statutes section 21-36.
Section 7. Denial of Permit
(a) The Town Clerk may, upon review of the application, refuse to issue a permit to the applicant for any of the following reasons:
The location and time of the activities described in the application would endanger the safety and welfare of the applicant or its customers;
An investigation reveals that the applicant falsified information on the application;
The applicant has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property;
The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application;
There is no proof as to the authority of the applicant to serve as an agent to the principal; or
The applicant has been denied a permit under this Ordinance within the immediate past year, unless the applicant can and does show to the satisfaction of the Town Clerk that the reasons for such earlier denial no longer exist.
(b) The applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address.
Section 8. Permit Revocation
Any permit issued under this Ordinance may be revoked or suspended by the Town Clerk or his authorized representative, after notice and hearing, for any of the following reasons:
(a) Fraud, misrepresentation or false statement contained in the application for a permit;
(b) Fraud, misrepresentation or false statement made by the permittee in the course of conducting the activities for which the permit was granted;
(c) Conducting activities regulated by this Ordinance in a manner contrary to the provisions contained in the permit;
(d) Conviction for any crime involving moral turpitude; or
(e) Conducting activities regulated by this Ordinance in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.
Section 9. Notice and Hearing
Notice of a hearing for revocation of a permit issued under this Ordinance shall be provided in writing and shall set forth the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.
Section 10. Appeals
(a) Any person aggrieved by the action or decision of the Town Clerk to deny, suspend or revoke a permit applied for under the provisions of this Ordinance shall have the right to appeal such action or decision to the First Selectman within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application form, or to the person's last known address.
(b) An appeal shall be taken by filing with the Town Clerk a written statement setting forth the grounds for the appeal.
(c) The Town Clerk shall transmit the written statement to the First Selectman within ten (10) days of its receipt and the First Selectman shall set a time and place for a hearing on appeal.
(d) A hearing shall be set not later than twenty (20) days from the date of receipt of the appellant's written statement.
(e) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for in the mailing of the notice of action or decision.
(f) The decision of the First Selectman on the appeal shall be final and binding on all parties concerned, and there shall be no further appeal.
Section 11. Insurance
As a condition to permit issuance, the Town of Sprague may require proof of present and continued insurance, either vehicular, property, casualty, or liability as may be reasonable and customary for the nature of the proposed operation and in amounts consistent with the intensity and nature of the operation.
Section 12. Penalty
Any person who engages in the activities set forth by subsection 3 without a valid written permit shall be fined the sum of one hundred dollars ($100.00). An infractions ticket shall be issued as authorized by the State of Connecticut for violation of a municipal ordinance and payment or a plea of not guilty sent to the State of Connecticut Centralized Infractions Bureau.
Section 13. No effect on other laws or requirements.
Nothing in this ordinance, or in the issuance of any permit, shall be or be construed to be a waiver of or compliance with any other requirement or law or ordinance, including, but not limited to, zoning, building, fire and other land use laws. Notwithstanding the foregoing, Ordinance Number 1910–1 is hereby repealed.
Effective Date: December 20, 2009
#2009-1 Property Tax Exemption Ordinance For Farm Machinery and Farm Buildings Exemption Pursuant To C.G.S. 12-91
The Town of Sprague shall provide, and hereby does provide, an additional exemption from property tax for all farm machinery qualifying for the exemption provided under the Connecticut General Statutes Section 12-91(a) to the extent of an additional assessed value of $100,000.00, any such exemption being subject to the same limitations as the exemption provided under subsection (a) of Connecticut General Statutes Section 12-91 and the application and qualification process provided in subsection (d) of Connecticut General Statutes Section 12-91; and
The Town of Sprague shall provide, and hereby does provide, an exemption from property tax for any building used actually and exclusively in farming, as defined in Section 1-1 of the Connecticut General Statutes the amount of such exemption from the assessed value to be up to but no more than $100,000.00 with respect to each eligible building. Such exemption shall not apply to the residence of any such farmer and shall be subject to the application and qualification process provided in subsection (d) of Connecticut General Statutes Section 12-91.
This ordinance shall be effective October 1, 2009 and applicable to the October 1, 2009 Grand List.
The foregoing may be done in lieu of publishing the entire legal description and the entire text of an agreement, grant or deed of conveyance.
When warning the Town Meeting the Selectmen shall submit to the Town Clerk a full copy of the proposed document, to be made available to the public during ordinary business hours, and shall cause the said publication to reflect that fact.
Pursuant to Connecticut General Statutes Section 7-344 the Board of Finance may waive the newspaper publication requirements therein, in which case the board shall provide for the printing or mimeographing of copies of such report in a number equal to ten per cent of the population according to the last federal census, which copies shall be available for distribution five days before the annual budget meeting
Said ordinance to become effective upon publication.
Effective December 11, 2008
Effective January 11, 2009
2. If the Water and Sewer Commission determines that the amount of available water supplies is below an amount sufficient to meet the requirements of Section 1 hereof, or that weather and hydrological conditions are such that their continued existence threatens to reduce the amount of available water supplies below an amount sufficient to meet the requirements of Section 1 hereof, it may request the Board of Selectmen to declare a Water Supply Emergency.
3. The Board of Selectmen may, after notice and a public hearing, declare that a Water Supply Emergency exists and may impose any of the water conservation measures and restrictions set out in Section 4 hereof. Such restrictions and measures shall be subject to the exceptions set out in Section 7 hereof. Notice of the public hearing shall be by publication of the request for a Water Supply Emergency and contain a summary of the possible conservation measures and restrictions and the time and place of the hearing in a newspaper having a general circulation in the town at least three (3) days before the date of such hearing.
4. Upon a declaration by the Board of Selectmen that a Water Supply Emergency exists, it may impose one or more of the following water conservation restrictions in such combination or combinations and to be applicable at such times of the day or year as it deems necessary or desirable, regarding the use of water from the town’s water system:
(2) Prohibiting or restricting the washing of motor vehicles, boats or trailers.
(3) Prohibiting or restricting the filling or cleaning of swimming and wading pools.
(4) Prohibiting or restricting the cleaning of outdoor surfaces of all building or structures, sidewalks, driveways and other outdoor surfaces.
(5) Prohibiting or restricting the service of water to customers of public restaurants except at the specific request of such customers.
(6) Prohibiting or restricting the use of outdoor spigots or faucets or connections for any purpose whatsoever.
(7) Imposing a "drought surcharge” at a flat rate for any water used in excess of amount specified by the Board of Selectmen.
(8) Requiring a reduction in the amount of water used by all residents and businesses connected to the town’s water system, and imposing a "drought surcharge” at a flat rate for any water used in excess of the reduced amount specified by the Board of Selectmen.
(9) Prohibiting or restricting the use of water for business and industrial purposes in excess of an amount specified by the Board of Selectmen, except that businesses concerned with public health and welfare and food service or manufacture may, upon approval of the town’s Director of Health, continue to use an amount of water necessary to meet the ordinary requirements of such businesses.
(10) Rationing of water by reducing its supply to individual residential or business structures.
5. Notice of the prohibitions, impositions, rationings, restrictions or other measures imposed by the Board of Selectmen shall be published in a newspaper having a circulation in the town of Sprague at least three days before the effective date of such restrictions, and the Board of Selectmen may provide for notice by such other means as the Board of Selectmen deems desirable.
6. If at any time after the imposing of restrictions the Board of Selectmen deems it necessary to impose restrictions in addition to those previously imposed, it may do so after a public hearing noticed in accordance with the provisions of Section 3 hereof. Any additional restrictions adopted by the Board of Selectmen shall be published in accordance with the provisions of Section 5 hereof.
e.C., D., E. The restrictions set forth in Section 4 hereof shall not apply to any firefighting or civil defense emergency.
(b) If there has been a violation of any provision of the prohibitions, restrictions or other measures imposed by the Board of Selectmen by the same person on three separate occasions, the Superintendent of Utilities may, after such notice and hearing as may be required by the Connecticut Department of Public Utilities for termination of service to such person, enforce such prohibitions, restrictions or other measures by reducing or discontinuing the supply of water to the residence or business owned or occupied by such person.
9. Upon a determination by the Water and Sewer Commission that the water supplies available to the town’s water system are such that a Water Supply Emergency is no longer necessary or may be modified, it shall notify the Board of Selectmen, which shall publish a notice of termination of the Water Supply Emergency or modifications of restrictions imposed, in a newspaper having a circulation within the town, and may provide for additional notice by other means if it deems it desirable.
10. This ordinance shall not be construed as prohibiting the taking of any action which may be necessary to ensure the safe and secure operation of the town’s water system in the interval between the occurrence of an event giving rise to a Water Supply Emergency and the imposition of any water conservation measures or restrictions by the Board of Selectmen. The Water and Sewer Commission or its Chairman, shall take such action as may be necessary to ensure the safe and secure operation of the town’s water system during such intervals.
11. Should any provision of this Ordinance be determined by a court of competent jurisdiction to be illegal or unconstitutional, the provision shall be severable and the remaining provisions shall remain in full force and effect. This ordinance will become effective fifteen (15) days after publication.
EFFECTIVE SEPTEMBER 8, 2007
WHEREAS, it has been determined that it is in the best interest of the Town of Sprague to designate the Planning & Zoning Commission as the Town’s aquifer protection agency.
NOW THEREFORE BE IT ORDAINED BY THE TOWN OF SPRAGUE THAT:
(1) Designation and membership
(b) Members of the Planning & Zoning Commission shall serve coexisting terms on the Agency.
(c) At least one member of the Agency shall complete the course in technical training formulated by the Commissioner of Environmental Protection of the State of Connecticut, pursuant to Conn. Gen. Stat. 22a-354v.
(ii) Procedures for the regulation of activity within the area.
(iii) The form for an application to conduct regulated activity within the area
(iv) Notice and publication requirements.
(v) Criteria and procedures for the review of applications.
(vi) Administration and enforcement.
(b) Not later than three months after approval by the Commissioner of the Connecticut Department of Environmental Protection of Level B Mapping of aquifers, the Agency will inventory land uses overlying the mapped zone of contribution and recharge areas of such aquifers in accordance with guidelines established by the Commissioner pursuant to Conn. Gen. Stat. 22a-354f. Such inventory shall be completed not more than one year after authorization of the Agency. (Conn. Gen Stat. 22a-354e)
EFFECTIVE FEBRUARY 17, 2007
WHEREAS, The Town incurs certain costs and expenses in the processing of land use applications received by the Planning and Zoning Commission; and
WHEREAS, The Connecticut General Assembly has authorized municipalities to establish, by ordinance, a schedule of reasonable fees for the processing of such applications, superseding any specific fees set forth in the general statutes, any special act, or established by a planning commission under Connecticut General Statutes § 8-26; and
WHEREAS, The Town of Sprague desires to establish such a schedule of reasonable fees and implement procedures for their collection;
Section 1. Definitions.
For the purpose of this ordinance the following definitions shall apply:
"Processing of land use applications” means the acts of the commission and/or its staff and/or the Town of Sprague Zoning Enforcement Officer in receiving, evaluating, reviewing, having reviewed by qualified and appropriate experts and professionals, acting on an application to conduct an activity regulated by the commission and including the control of work and inspection of activities permitted.
"To review, evaluate, and process a land use application” means the act of processing a land use application as defined above.
"Fees associated with land use applications” means the fixed fees and fees for other town incurred costs for processing land use applications as set forth in Section 2 of this Ordinance.
"Schedule of reasonable fees” shall mean the fixed fees set forth in Schedule 1 to Section 2 of this Ordinance, as well as fees for additional town incurred costs for processing land use applications, as set forth elsewhere in Section 2 of this Ordinance.
Zoning permits acted upon by the Sprague Zoning Enforcement Officer
||Decks, Pools, and Sheds
|CGS, Section 22a-27j.
|CGS, Section 22a-27j.||$ 30.00
(This fee to be credited toward permit fee for a new house if application is made within one year.)
Zoning permits acted upon by the Sprague Planning and Zoning Commission
|CGS, Section 22a-27j.
|CGS, Section 22a-27j.
|CGS, Section 22a-27j.
|CGS, Section 22a-27j.
||, plus $100.00 per lot
|Hearing (if required)
|CGS, Section 22a-27j.
||, plus $100.00 per lot
||, plus $100.00 per revised lot
|Hearing (if required)
|CGS, Section 22a-27j.
||, plus $100.00 per revised lot
Section 3. Fees for costs incurred directly by the Commission or the Town of Sprague in the processing of land use application(s), exclusive of the fixed fees specified in Section 2 of this Ordinance, shall be reimbursed by the applicant at cost plus ten percent and shall include the cost of materials provided and/or services performed. The payment of such fees for reimbursement of direct costs shall not prohibit the Commission from requiring performance or forfeiture bonds to ensure the successful completion of all work as may be prescribed in the Commission’s regulations.
Section 4. All boards and agencies of the Town of Sprague, including the use of fire company properties for fire protection purposes, shall be exempt from the payment of the fixed fees established pursuant to this ordinance. The Commission may in whole or in part exempt an application from the payment of any or all fees if said application is for low or moderate income housing or special needs housing, or for a non-profit use as evidenced by state or federal taxation agency determinations. In exempting an application from payment of a fee the Commission shall state in the minutes of the meeting at which the application or plan was received the fee type exempted, the percentage exempt, and reasons for granting the exemption. This exemption shall not prohibit the Commission from requiring consultant reports, professional certification or conducting inspections to ensure conformance with its regulations and with other applicable authority.
Section 5. The payment of a fee in accordance with the provisions of this Ordinance shall not relieve the applicant, owner or their agent from the payment of other fees that may be prescribed by statute or by another ordinance of the Town of Sprague. All fixed fees as set forth in Section 2 of this Ordinance received by the Commission as part of a formal land use application submission shall be nonrefundable. No other fees for processing costs shall be refundable except as hereinafter provided. Fixed fees shall be paid at the time of application submission or in the case of a subdivision or re-subdivision, prior to the filing of the subdivision plans in the office of the town clerk and the commencement of work. All fees, including fixed fees, shall be payable in cash, bank check or money order made payable to the Town of Sprague. Fees for processing costs incurred directly by the Commission or the Town of Sprague, including costs in excess of any fixed fee, shall be billed to an applicant upon being incurred, and after 30 days from such billing interest shall accrue on any unpaid balance at 18% per annum. In anticipation of processing any land use application, the Commission may require payment in advance based on reasonable estimates, made at the time an application is filed or at any time during such processing. Any balance remaining from of any such advance payment following payment of all bills for services provided and/or materials furnished to the Commission or the Town of Sprague in connection with the processing of a land use application shall be refunded to the applicant, but otherwise no payment for a fee in accordance with this Ordinance shall be refundable. Any such fee for processing costs, whether a fixed fee or otherwise, may be paid under protest. Any amount that is unpaid in whole or in part following a decision on an application or the withdrawal of an application, whether or not previously billed to the applicant, owner or agent, shall continue to be owed and subject to collection.
WHEREAS, at a Special Town Meeting on April 12, 1973 the Town of Sprague voted that a Conservation Commission "be formed as per Connecticut State Statutes, Chapter 97, Section 7-131A, 1969 Supplement to the Conn. General Statutes”; and
WHEREAS, September 24, 1973 the Town of Sprague conferred additional powers on said Conservation Commission by adopting Ordinance # 1973-2, as follows:
WHEREAS the Town of Sprague now desires to have a separate Conservation Commission to act solely pursuant to the authority of Connecticut General Statutes § 7-131 for the purposes therein contained and as herein stated; and
WHEREAS by a prior ordinance, enacted on the same date as the present ordinance, the Town of Sprague has separated and removed the authority to act pursuant to said § 7-131a from the commission formerly known as the Sprague Conservation Commission and subsequently known as the Sprague Inland Wetlands and Watercourses Commission;
NOW, THEREFORE, it is ordained by the Town of Sprague that the following ordinance is hereby enacted and adopted:
A. The separate conservation commission, to be known as the Sprague Conservation Commission, shall consist of five (5) members and two (2) alternate members to be appointed by the First Selectman of the Town of Sprague, to serve for terms as provided in Paragraph B of this ordinance. Such alternate members shall, when seated, have all the powers and duties of a member of the commission. The First Selectman may remove any member for cause and may fill any vacancy for the unexpired portion of the term.
B. The First Selectman shall appoint the initial members of the Sprague commission for terms as follows: one (1) member for a term of one (1) year, one (1) member for a term of two (2) years, one (1) member for a term of three (3) years, one (1) member for a term of four (4) years, one (1) member for a term of five (5) years, one (1) alternate member for a term of two (2) years, and one alternate member for a term of three (3) years; thereafter, members and alternate members shall be appointed for a term of five years or until their successors are appointed.
C. Said Sprague Conservation Commission shall conduct research into the utilization and possible utilization of land areas of the municipality and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare and distribute books, maps, charts, plans and pamphlets as necessary for its purposes. It may propose a greenways plan for inclusion in the plan of conservation and development of the municipality prepared pursuant to Section 8-23 of the Connecticut General Statutes. It may inventory natural resources and formulate watershed management and drought management plans. Such plans shall be consistent with water supply management plans prepared pursuant to Section 25-32d of said General Statutes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, for the purpose of obtaining information on the proper use of such areas, and may from time to time recommend to the Sprague Planning and Zoning Commission plans and programs for the development and use of such areas. It may make recommendations to zoning commissions, planning commissions, combined planning and zoning commissions, inland wetlands agencies and other municipal agencies on proposed land use changes. It may, with the prior approval of the Town’s legislative body, acquire land and easements in the name of the municipality and with such prior approval of such legislative body may promulgate rules and regulations including but not limited to the establishment of reasonable charges for the use of land and easements, for any of its purposes as set out in this section. It may supervise and manage municipally-owned open space or park property upon delegation of such authority by the entity or municipal body which has supervisory or management responsibilities for such space or property. It shall keep records of its meetings and activities and shall make an annual report to the municipality in the manner required of other agencies of the respective municipalities. Said Sprague Conservation Commission may receive gifts in the name of the municipality for any of its purposes and shall administer the same for such purposes subject to the terms of the gift, except as limited herein in respect to the acquisition of land or interests in land.
D. Said Sprague Conservation Commission may exchange information with the Commissioner of Environmental Protection, and may request said commissioner to assign technical personnel to said Sprague Conservation Commission for assistance in planning its overall program and for coordinating state and local conservation activities, as authorized by Connecticut General Statutes § 7-131a.
E. The Town of Sprague may appropriate and transfer funds to the Sprague Conservation Commission.
F. All obligations vested rights arising prior to this date in connection with the exercise of authority pursuant to Connecticut General Statutes §7-131a by the body formerly known as the Sprague Conservation Commission and/or Sprague Inland Wetlands and Watercourses Commission shall continue in full force and effect and be binding upon the separate Sprague Conservation Commission established pursuant to this ordinance.
G. This ordinance shall become effective fifteen (15) days after publication of notice of its adoption. If any provision of this ordinance is declared to be invalid, it shall be severable from the remainder of the ordinance, the remaining provisions continuing to have full force and effect.
Effective September 2, 2005
#2005-1 Amendment of Ordinance #1973-2 - To Remove Conservation Commission Authority from Sprague Inland Wetlands and Watercourses Commission
WHEREAS, at a Special Town Meeting on April 12, 1973 the Town of Sprague voted that a Conservation Commission "be formed as per Connecticut State Statutes, Chapter 97, Section 7-131A, 1969 Supplement to the Conn. General Statutes”; and
WHEREAS, on September 24, 1973 the Town of Sprague conferred additional powers on said Conservation Commission by adopting Ordinance # 1973-2, as follows:
WHEREAS said Conservation Commission subsequently became generally known as the Sprague Inland Wetlands and Watercourses Commission; and
WHEREAS the Town of Sprague desires that said commission will henceforth be officially known as the Sprague Inland Wetlands and Watercourses Commission, and will continue to be the Town’s agency authorized to exercise the municipal regulatory powers set forth in Chapter 440 of the Connecticut General Statutes; and
WHEREAS the Town of Sprague also desires to separate and remove the authority of said commission to act as a conservation commission pursuant to Section 7-131a of the Connecticut General Statutes, in connection with the establishment of a separate Sprague Conservation Commission by a subsequent ordinance enacted on the same date as the present ordinance;
NOW, THEREFORE, it is ordained by the Town of Sprague that Ordinance # 1973-2 is hereby amended as follows, effective fifteen (15) days after publication hereof:
A. The Sprague Inland Wetlands and Watercourses Commission shall no longer have authority to act as a Conservation Commission pursuant to Connecticut General Statutes § 7-131a.
B. The Town of Sprague hereby authorizes and empowers said existing Sprague Inland Wetlands and Watercourses Commission, as it is now officially known, to continue to act as said Town’s authorized agency pursuant to Chapter 440 of the Connecticut General Statutes, without any other change except as hereinafter provided in this ordinance, in order to protect the wetlands and water courses within the territorial boundaries of said Town of Sprague in conformity with the General Statutes, the regulations promulgated by the Commissioner of Environmental Protection and other appropriate state and local regulations.
C. All obligations and vested rights arising in connection with the agency known prior the enactment of this amendment as the Sprague Conservation Commission and/or the Sprague Inland Wetlands and Watercourses Commission, whenever it was acting pursuant to Chapter 440 of the Connecticut General Statutes, shall continue in full force and effect and be binding upon the Sprague Inland Wetlands and Watercourses Commission and such other persons as were so bound.
D. All obligations and vested rights arising in connection with the agency known prior the enactment of this amendment as the Sprague Conservation Commission and/or the Sprague Inland Wetlands and Watercourses Commission, whenever it was acting pursuant to Connecticut General Statutes § 7-131a, shall continue in full force and effect and be binding upon the separate Conservation Commission created by ordinance enacted on the same date as the present ordinance, and such other persons as were so bound.
E. If any provision of this ordinance is subsequently declared to be invalid, it shall be severable from the remainder of the ordinance, the remaining provisions continuing to have full force and effect.
EFFECTIVE SEPTEMBER 2, 2005
"Used exclusively” means that 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.
B. Individuals requesting such exemption must show proof to the Town Assessor that the vehicle was modified for use by a handicapped individual or for the transport of a handicapped individual. Individuals requesting such exemption must show proof to the Town Assessor that the vehicle was modified with properly-installed digital/hydraulic gas/brake mechanisms loading and unloading lift devise (lift harness, motorized loading ramp) which is to be used to assist the physically-challenged individual and/or the transporter for physically-challenged individuals.
C. Applications for such exemption must be filed annually with the Sprague Tax Assessor but no later than thirty days following the assessment date with respect to which such exemption is claimed. In respect to the October 1, 2003 Grand List, the filing deadline shall be 30 days after passage of Town Ordinance.
Expiration of Exemption
The exemption will expire when the vehicle is sold.
Upon publication this article shall be effective for taxes due on the Grand List of October 2003 and thereafter.
EFFECTIVE NOVEMBER 15, 2003
WHEREAS, The Baltic Volunteer Fire Department provides an outstanding, volunteer service to the residents and businesses of the Town of Sprague and its districts; and
WHEREAS, The Connecticut General Assembly has recognized the value and benefits bestowed upon the citizens of the State of Connecticut statewide by volunteer firefighters by way of enacting Public Act 2000-120; and
WHEREAS, The Town of Sprague, pursuant to the authority of said Public Act 2000-120, desires to demonstrate its appreciation for the valued volunteer work and effort by the members of the Baltic Volunteer Fire Department.
NOW, THEREFORE, it is ordained by the Town of Sprague that the following ordinance is hereby enacted and adopted pursuant to the authority of Public Act 2000-120 and Connecticut General Statute Section 12-81:
Section 1. Any member of the Baltic Volunteer Fire Department who is a resident of the Town of Sprague and a firefighter or emergency medical technician (eligible person(s)) shall be entitled to a property tax abatement of up to $1,000.00 per annum under the terms of this ordinance.
Section 2. The voters at the annual town meeting shall annually establish a figure that shall be the total amount of the abatement for all eligible persons. Under the rules established by the Board of Finance for the budget process, but in no event later than March 31 of each year, the Baltic Volunteer Fire Department shall make a proposal of a total amount to the Board of Selectman.
Section 3. Subject to the authority of the annual town budget meeting to set a total amount of the annual abatement pursuant to Section 2, the names, addresses and amount of the abatement per eligible person shall be determined by the Baltic Fire Department and transmitted in writing under oath to the Town Assessor by June 15 of each year.
Section 4. In the event that the annual town budget meeting fails to adopt a total amount of the abatement by June 15, the total amount, if any, of the abatement shall be the total amount established in the prior annual budget until the proposed budget passes, when the Tax Collector and Assessor shall make adjustments according to law.
Section 5. Abatements shall not accumulate from year to year in whole or in part, but shall expire at the end of each fiscal year if unapplied.
Section 6. The Assessor and Tax Collector shall maintain records of all taxes abated under this Ordinance as directed by the Board of Finance.
Section 7. This ordinance shall become effective upon publication, and the first abatements shall be effective for the fiscal year 2001-2002. The authority in this ordinance is limited to providing for tax abatements only, and nothing in this ordinance is meant to, nor shall be construed to mean, that where an eligible person has less tax liability per annum than his permitted amount of tax abatement he is entitled to receive payments or funds. This tax abatement authorized hereunder applies to only those eligible persons who have legal title to taxable property in the Town. If any provision of this ordinance is declared to be invalid, it shall be severable from the remainder of the ordinance, the remaining provisions continuing to have full force and effect.
EFFECTIVE MARCH 28, 2001
(2) The phrase property or area referred to in paragraph (1) means (a) public property, or (b) private property owned or occupied by any person or entity who is not a member of the family that owns the dog or is otherwise in charge of the dog.
(3) The provisions of this section shall not apply to a guide dog accompanying any blind or disabled person. Where this ordinance applies to private property, this ordinance also shall not apply to a dog whose owner has permission from the owner of the private property to enter.
(4) Violation of this section shall be punishable by a fine of not less than Thirty Dollars ($30.00) for the first offense and not more than Seventy-Five Dollars ($75.00) for each subsequent offense. Each occurrence shall constitute a separate offense and shall be punishable as such.
EFFECTIVE MARCH 28, 2001
REPEALED MARCH 19, 2012
In the development and execution of this Ordinance, it is recognized that sexually oriented businesses, which due to their very nature have serious objectionable characteristics in Residential or Commercial areas, particularly when they are in the immediate proximity to other adult uses or incompatible uses, as the concentration of these uses, or their proximity to other uses, under certain circumstances could have a deleterious effect on adjacent areas. Special regulation of uses is therefore necessary to insure that these effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The regulations are therefore adopted to protect retail trade, prevent crime, preserve and protect the health safety and welfare of citizens, protect property values, preserve the quality of neighborhood districts and life and address related concerns with parking, traffic, and public indecency; and to maintain the interests of persons in their property in a state of good repair, and to spend, patronize and trade in their community. Thus, linear separations are established within this Ordinance among other license performance provisions being prescribed.
Section 1. CLASSIFICATION
(2) Adult bookstores or adult video stores;
(3) Adult cabarets;
(4) Adult motels;
(5) Adult motion picture theaters;
(6) Adult theaters;
(7) Adult massage parlors.
Section 2. DEFINITIONS
(1) ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or the image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities” or "specified anatomical areas."
(2) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(B) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(B) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas.”
(B) offers a sleeping room for rent for a period of time that is less than 10 hours; or
(C) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
(6) ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment which regularly features performances or depictions which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(7) MASSAGE PARLOR means an establishment where for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state.
(8) SPECIFIED ANATOMICAL AREAS means less than completely and opaquely covered human genitals; pubic region, buttocks and female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely or opaquely covered.
(9) SPECIFIED SEXUAL ACTIVITIES means:
(2) Acts of human masturbation, sexual intercourse, fellatio, cunnilingus, sodomy and bestiality;
(3) Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
Section 3. LICENSE REQUIRED
(b) An application for a license must be made on a form provided by the first selectman, as amended from time to time. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(c) The applicant must be qualified according to the provisions of this Ordinance and the premises must be inspected and found to be in compliance with the law by the health department, fire department, zoning official and building official which approval or denial shall be made within 30 days of request to such agency for approval, or within such statutory times that may be applicable; in the event any such agency denies such approval, the applicant may appeal according to the applicable laws or may apply for an exemption as provided in this ordinance.
(d) If a person who wishes to operate a sexually oriented business is an individual he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under and each applicant shall be considered a licensee if a license is granted.
(e) The fact that a person possesses any other business license, land use approval or state permission does not exempt him from the requirement of obtaining an adult oriented business license pursuant to this ordinance.
Section 4. ISSUANCE OF LICENSE.
(2) An applicant or an applicant's spouse is overdue in his payment to the Town of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually 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 or an applicant’s spouse has been convicted of a violation of
a provision of this Ordinance, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect;
(5) An applicant is residing with a person who has been denied a license by the Town to operate a sexually oriented business within the preceding 18 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 18 months;
(6) The premises to be used for the sexually oriented business have not been approved by the zoning authorities, land use authorities, health, fire and building officials as being in compliance with applicable laws and ordinances;
(7) The license fee required by this Ordinance have not been paid;
(8) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 18 months and has demonstrated that he is unable to operate or manage sexually oriented business premises in a peaceful and law-abiding manner;
(9) An applicant or the proposed establishment is in violation of or is not in compliance with any Section hereof and or is in violation of any zoning or municipal regulation affecting adult oriented establishments;
(10) An applicant or an applicant's spouse has been convicted of or is under indictment or misdemeanor information for a crime:
(bb) promotion of prostitution;
(cc) aggravated promotion of prostitution;
(dd) compelling prostitution;
(ff) sale, distribution, or display of harmful material to minor;
(gg) sexual performance by a child;
(hh) possession of child pornography;
(ii) any of the following offenses as described in Connecticut Penal Code:
(bb) indecent exposure;
(cc) risk of injury to a minor
(ee) sexual assault of any degree or any felony
(ff) criminal attempt, conspiracy, to commit or accessorial liability in the commission, of any of the foregoing offenses,
(ii) (ii) less than five years have elapsed since the date of conviction, whichever is the later date, if the conviction is of a felony offense; or
(iii) (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period.
(c) An applicant who has been convicted or whose spouse has been convicted of an offense listed for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a sexually oriented business license only if the first selectman determines that the applicant or applicant's spouse is presently fit to operate a sexually oriented business. In determining present fitness under this section, the first selectman shall consider the following factors concerning the applicant or applicant's spouse, whichever had the criminal conviction:
(2) his age at the time of the commission of the crime;
(3) the amount of time that has elapsed since his last criminal activity;
(4) his conduct and work activity prior to and following the criminal activity;
(5) evidence of his rehabilitation or rehabilitative effort while incarcerated or following release; and
(6) other evidence of his present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for him; the sheriff, chief criminal enforcement officer and first selectman in the community where he resides; and any other persons in contact with him.
(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 sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
Section 5. FEES.
(b) This fee and application shall be in addition to any other fees and application required by the particular use(s) at the premises.
Section 6. OPERATING REQUIREMENTS.
(b) Every adult-oriented establishment doing business in the town 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. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult oriented establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of adult-oriented motion pictures, or other types of adult-oriented entertainment.
(c) 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 agents to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(d) Every act or omission by an employee constituting a violation of the provisions of this Ordinance shall be deemed the act or omission of the operator if 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.
(e) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this Ordinance 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 Ordinance.
Section 7. INSPECTION.
(b) A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by any of the persons or their representatives enumerated in Section 7(a) at any time it is occupied or open for business.
Section 8. EXPIRATION OF LICENSE.
(b) when the first selectman denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the First Selectman finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
Section 9. SUSPENSION
(1) Violated or is not in compliance with any section hereof;
(2) engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(3) refused to allow an inspection of the sexually oriented business premises as authorized by this Ordinance;
(4) knowingly permitted gambling by any person on the sexually oriented business premises;
(5) demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
Section 10. REVOCATION.
(b) The first selectman shall revoke a license he determines that:
(2) a licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) a licensee or an employee has knowingly allowed prostitution on the premises;
(4) a licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(5) licensee has been convicted of an offense listed in Section 4 for which the time period required in Section 4 has not elapsed;
(6) on two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 4, for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(7) a licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in Section 2.
(8) a licensee is delinquent in payment to the Town for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business.
(d) Subsection (b)(7) does not apply to adult motels as a ground for revoking the license.
(e) When the first selectman revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the first selectman finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under Subsection (b)(5), an applicant may not be granted another license until the appropriate number of years required under Section 4 has elapsed since the termination of any sentence, parole, or probation.
Section 11. APPEAL.
Section 12. TRANSFER OF LICENSE.
Section 13. LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(2) a public or private school;
(3) a boundary of a residential district as defined or identified by the Zoning Map and Zoning Regulations of the Town of Sprague;
(4) a public park; or
(5) another sexually oriented business.
(c) A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
(d) For the purposes of Subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.
(e) For purposes of Subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
Section 14. EXEMPTION FROM LOCATION RESTRICTIONS.
(b) If the written request is filed with the first selectman within the 10-day limit, a permit and license appeal board, selected in accordance with Section 11 of this ordinance, shall consider the request. The Town secretary shall set a date for the hearing within 60 days from the date the written request is received.
(c) A hearing by the board may proceed if at least two of the board members are present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) The permit and license appeal board may, in its discretion, grant an exemption from the locational restrictions of Section 13 if it makes all of the following findings:
(2) that the granting of the exemption will not violate the spirit and intent of this Ordinance;
(3) that the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of blight;
(4) that the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and
(5) that all other applicable provisions of this Ordinance will be observed.
(f) If the board grants the exemption, the exemption is valid for one year from the date of the board's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 13 until the applicant applies for and receives another exemption.
(g) If the board denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the board's action.
(h) The grant of an exemption does not exempt the applicant from any other provisions of this Ordinance other than the locational restrictions of Section.
Section 15. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
(b) A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years.
Section 16. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(b) A person under the age of 18 years commits an offense if he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way.
(d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
Sections 17. and 18 (Reserved for future use)
Section 19. ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION PICTURE THEATERS.
(b) A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(d) It is a defense to prosecution under Subsections (b) and (c) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
Section 20. ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(b) A person commits an offense if he is the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.
(c) For purposes of Subsection (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
Section 21. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the first selectman or his designee.
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (1) of this section.
(7) 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 (1.0) foot-candle as measured at the floor level.
(8) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
Section 22. DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS.
(2) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;
(3) less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola: or
(4) human male genitals in a discernibly rigid state, whether covered or uncovered.
(2) the cover or outside packaging on the item is visible to members of the general public.
Section 23. ENFORCEMENT
(b) It is a defense to prosecution for offenses herein that a person appearing in a state of nudity did so in a modeling class operated:
(2) by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) in a structure:
(B) where in order to participate in a class a student must enroll at least three days in advance of the class; and
(C) where no more than one nude model is on the premises at any one time.
Section 24. INJUNCTION
EFFECTIVE MARCH 28, 2001
#1996-1 Establishing the Number of Justices of the Peace Pursuant to Connecticut General Statutes, Section 9-183a(C).
Pursuant to the Connecticut General Statutes, Section 9-183a(c), the number of Justices of the Peace to be selected for the Town of Sprague shall be 15.
Section 1. The Town of Sprague hereby adopts the provisions of Section 25-84 and Sections 25-85 to 25-94, inclusive, and exercise through a flood and erosion control board the powers granted thereunder.
Section 2. In that Sprague has a population of less than 25,000 the Board of Selectmen is empowered by such ordinance to act as Flood and Erosion Control Board.
Section 3. This ordinance shall become effective 15 days after its passage.
SEPTEMBER 25, 1995
#1992-1 Adopting the Provisions of the General Statutes Relating To the Formation of the Southeastern Connecticut Regional Council of Governments
WHEREAS, dealing effectively with these challenges will require a high level of intergovernmental cooperation; and
WHEREAS, a need exists to establish a formal organization of municipal chief elected officials within Southeastern Connecticut to facilitate intergovernmental cooperation and collective public action at the regional level; now, therefore
BE IT ORDAINED, that the Town of Sprague hereby adopts Sections 4-124i through 4-124p of the Connecticut General Statutes, providing for the formation of the Southeastern Connecticut Regional Council of Governments, and does hereby join such Regional Council of Governments when and as such Council is duly established in accordance with said statutes, upon the adoption of said statutes by not less than sixty percent (60%) of the eligible municipalities within the Southeastern Connecticut Planning Region, as defined by the Secretary of Office of Policy and Management or his designee, and upon certification by the Secretary of the Office of Policy and Management or his designee that a Regional Council of Governments has been duly established.
When the Regional Council of Governments is duly established and the transition period called for in Section 4-124-1(b) of the Connecticut General Statutes, as amended, has been completed, the Town of Sprague does hereby rescind the ordinance of 1960-1 and any amendments thereto that created the Sprague’s participation in the Southeastern Connecticut Regional Planning Agency.
The Sprague Clerk is directed immediately to prepare and file with the Secretary of the Office of Policy and Management a certified copy of this ordinance to establish a Southeastern Connecticut Regional Council of Governments.
The Board of Selectmen are hereby empowered to amend these regulations as necessary after holding a public hearing on any such amendments. These proposed amendments shall be described in a local newspaper or Town’s Newsletter having substantial circulation in the Town of Sprague at least 5 days prior to any public hearing on same.
This ordinance shall become effective 15 days after its publication in a local newspaper or Town’s Newsletter having circulation in the Town of Sprague.
EFFECTIVE JUNE 5, 1992
AN ORDINANCE REGULATING THE ADDITION OF ANY NEW STREET TO THE HIGHWAY SYSTEM OF THE TOWN OF SPRAGUE
Section 1. DEFINITIONS:
"Street” means a right-of-way intended for public vehicular use which is improved, dedicated, and accepted in accordance with the specifications prescribed by this ordinance, including a proposed street shown on a subdivision plan under consideration by the Sprague Planning and Zoning Commission. A street may be further classified as follows:
b. Local: A street that primarily provides for direct access to abutting land and for local traffic movement.
c. Cul-de-sac: A local street having only one point of vehicular access and is terminated by a paved vehicular turn-around.
"Qualified Engineer” means a professional engineer, licensed in the State of Connecticut, with previous experience in roadway design.
"Qualified Surveyor” means a land surveyor licensed in the State of Connecticut.
"Applicant” means an owner, developer, and/or agents responsible for the accurate presentation of all information submitted to the Town.
"State Guidelines” means the Connecticut Department of Transportation "Guidelines for Highway Design”, all references to other State and Federal publications, and all future documents that will supersede this publication.
"CONNDOT Specifications” means Connecticut Department of Transportation "Standard Specifications for Roads, Bridges, and Incidental Construction” (Form 814, 1988) and future editions of this publication.
Section 2. APPROVAL AND ACCEPTANCE PROCEDURE:
1. Approval Procedure: Whenever any street is proposed and before any construction clearing or excavation is initiated, the Applicant shall present to the Board three certified copies of construction drawings and pavement profiles prepared by a Qualified Engineer; three certified copies of a right-of-way or subdivision plan showing the extent of the proposed road right-of-way prepared by a Qualified Surveyor; together with a topography map of the area and a written application for approval of the proposed streets.
If the right-of-way or subdivision plan is incorporated on to the construction drawings, certification from both a Qualified Engineer and Surveyor is required on the drawing. The construction drawings shall be 24” x 36” in size, plus or minus 1 inch. The drawings shall show in detail all proposed drainage improvements, as prepared by a Qualified Engineer.
The Board, at a regular meeting, shall discuss the proposed drawing with the Applicant and if approved, approved with changes, or disapproved, shall return one copy of the plan with note of its action to the Applicant within 30 days from the receipt of the application. When approved by the Board, one certified mylar copy of the drawings shall be filed with the Town Clerk by the Applicant within 90 calendar days of the approval date.
2. Final Acceptance Procedure: Upon completion of construction of proposed street, and before final acceptance by the Board of said street into the Town Highway system, the Applicant shall furnish a statement from a Qualified Engineer, certifying that:
b. The Applicant’s engineer shall certify that all materials and products used for construction conform to the approved construction drawings and specifications. The Engineer shall also certify that all dimensions, including thickness of subbase, base, pavement and pipe bedding layers conform to the construction drawings and specifications. At the Board’s option, the Applicant may be required to employ the services of a qualified engineering and/or surveying firm of the Board’s choosing for the purposes of construction observation, conformance statement preparation, and as-built drawing preparation. The Board may also choose, at its discretion, to hire a Qualified Engineer or Surveying Firm directly. The fees for these services shall be borne exclusively by the Applicant. The Board reserves the right to institute an escrow account consisting of the Applicant’s funds to finance these services. Account shall be refunded to the Applicant within 60 days from final acceptances of the street(s).
c. Three sets of certified and embossed as-built drawings prepared by a Qualified Surveyor shall be submitted to the Town showing all changes in horizontal and vertical street alignment, curbing, sidewalks and drainage improvements. All drainage system invert elevations shall be shown on these drawings, and shall be accurate to the nearest one-hundredth of a foot.
d. The as-built drawings and the conformance statements shall be reviewed by the Town or its agent. The street will be accepted by the Board into the Town highway system if these submittals are approved and if a town meeting votes to accept the proposed street(s).
3. Recorded Acceptance: Final acceptance of all roads by the Board of Selectmen shall be entered into the minutes book of the Town Clerk of the Town of Sprague as proof of such acceptance.
Section 3. DESIGN AND CONSTRUCTION SPECIFICATIONS:
1. Cross Section Elements:
2. A local street shall have a pavement width of 28 feet centered in a right-of-way of 50 feet.
3. A cul-de-sac street shall have a pavement width of 28 feet centered in a right-of-way of 50 feet; it shall not exceed 500 feet in length; and shall have at the closed end a turn-around containing a right-of-way having an outside radius of not less than sixty (60) feet, which shall be paved to a radius of not less than fifty (50) feet.
c. Snow shelves shall extend a minimum of 3 feet from the curb face and shall positively drain with a minimum slope of 5%, and a maximum slope of 10%.
d. Maximum Slopes:
2. Rock Cut Slopes shall not exceed 1-horizontal to 2-vertical.
3. Earth Fill Slopes shall not be steeper than 3-horizontal to 1-vertical.
f. Clear Zone Requirements: No brush, trees, boulders, or non-traffic control related signs shall exist within 8 feet of the edge of the pavement.
g. Sidewalks: Where paved sidewalks are required, they shall meet the following requirements.
2. Sidewalks shall be constructed of Portland cement concrete, and shall be a minimum of 4 feet in width.
3. The width of the area between the sidewalk and the curbing at the edge of the pavement shall be 4 foot minimum.
4. Steps in sidewalks are not permitted.
5. At intersections, sidewalks shall be continued to the curb line and shall meet all local, state and federal handicapped access requirements.
i. Other incidental construction, shall conform to the CONNDOT specifications and to all applicable local, state and federal regulations.
2. Geometric Elements:
b. Local and cul-de-sac street: 10%
3. The approach to any intersection shall have a maximum profile grade of 2%, for a minimum distance of 50 feet measured from the pavement edge of the intersecting street.
2. A tangent section of 100 feet minimum is required between reverse curves on collector-arterial streets. On local and cul-de-sac streets, in a minimum 50 foot tangent distance between reverse curves is required.
2. Two streets entering a third street in the vicinity of one another shall be designed and constructed either directly opposite one another or at least 150 feet apart, measured from centerline to centerline.
3. Curb radii shall be provided at street intersections, according to the type of streets intersecting and the angle at which they intersect; provided, however, that none shall be less than 25 feet.
4. Adequate intersection sight distance shall be provided for at intersecting streets and driveways in accordance with State guidelines.
3. Traffic Control Signs and Pavement Marking:
b. Traffic control during construction shall meet with the Board’s approval.
c. Pavement markings shall conform to applicable local, state and federal requirements and shall meet with the Board’s approval.
4. Drainage System Design Requirements:
2. Culverts at street low points – 25 year storm.
3. Culverts serving perennial stream crossings – 25 year storm.
4. Storm water detention basins:
- Urbanized area – 50 or 100 year storm, at the discretion of the Board
c. Erosion protection shall be provided at all storm water discharge outlets.
5. Drainage System Construction Requirements:
Drain pipe shall conform to Section 6.51 of the CONNDOT specifications. Culvert ends shall conform to Section 6.52 of the CONNDOT specifications. All pipes shall have a minimum of 2 foot of cover over the top of the pipe, or more where manufacturer’s recommendations require.
b. Drain structures shall be installed on top of a 12 inch minimum thickness of prepared bedding material, consisting of ¾ inch stone conforming to Article M.01.01 of the CONNDOT specifications. Drainage catch basin, manhole and drop inlet materials and construction shall conform to Section 5.07 of the CONNDOT specifications. Other drainage structures and features shall conform to the appropriate CONNDOT specification section.
c. Backfill shall be placed on top of properly bedded drain pipe, or adjacent to drainage structures. Excavated material free of stones larger than 12 inches in diameter and free of organic material and other debris, may be used as backfill if compacted in 12 inch lifts or less. 24 inch or less lifts are permitted, if not located under pavement, sidewalk or other structures. Backfill conforming to Article M.02.05, of the CONNDOT specifications, may be used and must be compacted in 24 inch lifts, or less, including under pavement, sidewalk or other structures.
6. Road Materials and Construction Specifications:
2. Gravel fill material and construction shall conform to Section 2.13 of the CONNDOT specifications.
3. Subbase shall be installed on top of prepared gravel fill or resident subgrade soil and shall have a minimum depth of 8 inches at all locations. Materials and construction shall conform to Section 2.12 of the CONNDOT specifications, with the exception that the material gradation shall conform to CONNDOT specification M.02.06, Grading A (3-1/2 inch maximum stone size).
4. Processed aggregate base shall be installed on top of prepared subbase and shall have a minimum depth of 4 inches at all locations. Material and construction shall conform to Section 3.04 of the CONNDOT specifications.
5. Bituminous concrete pavement shall be installed on top of prepared process aggregate base material. It shall be installed in two 1-1/2 inch lifts, with a minimum final compacted pavement thickness of 3 inches at all locations. The lower pavement layer (binder course) shall consist of Class I bituminous concrete, and the upper pavement layer (wearing course) shall consist of Class II bituminous concrete, as defined by the CONNDOT specifications. Material and construction shall conform to Section 4.06 of CONNDOT specifications.
6. Bituminous concrete lip curbing shall be installed on top of prepared binder or wearing course pavement layers. Final curb height shall be 6 inches, as measured from the top of the wearing course gutter line to the top of curbing. Materials and construction shall conform to Section 8.15 of the CONNDOT specifications.
Section 4. OTHER REQUIREMENTS
2. Names of Streets: New street names shall be approved by the Board of Selectmen. Names of new streets shall not duplicate nor bare phonetic resemblance to names of existing streets within the Town of Sprague. A street which is proposed as an extension of an existing street shall bear the same name as the existing street.
3. All streets shall be conveyed by warrantee deed to the Town of Sprague.
4. Surety Bond: The Board shall require that a surety bond of cash or collateral shall be deposited with the Town Treasurer in an amount sufficient to cover any incomplete work before a certificate pertaining the status of such road can be issued by the Board of Selectmen, or any office of the Town of Sprague.
5. Previous Street Regulations and/or Ordinances: This ordinance shall supersede any previous regulations and/or ordinances, and shall become effective 15 days after its publication in a local newspaper having circulation in the Town of Sprague.
6. Exceptions: Any street currently being reviewed by the Town’s Planning and Zoning Commission at the time this ordinance becomes effective shall not be bound by the requirements of this revised ordinance, but shall be bound under Town policy in effect prior to the institution of this ordinance.
7. Other Approvals: Compliance with this ordinance and/or approval by the Board does not relieve the Applicant of responsibilities to obtain all other Local, State, or Federal approvals required for construction.
8. Fees: All plans for new streets to be accepted by the Town shall include a design review and inspection fee of an amount not to exceed 5% (five percent) of the cost of construction as calculated by the licensed engineer sealing the plans and accepted or modified by the Board of Selectmen for the purposes of the performance bond.
9. Amendments: The Board of Selectmen are hereby empowered to amend these regulations as necessary after holding a public hearing on any such amendments. These proposed amendments shall be described in a legal notice placed in a newspaper having substantial circulation in the Town of Sprague at least 5 days prior to any public hearing on same.
AUGUST 6, 1991
#1991-1 Accepting the Provisions of the General Statutes Relating To Forming a Municipal District for Purposes of Tourism Development
Section 1. The Town of Sprague hereby adopts Section 7-330 of the General Statutes for the purposes of implementing PA81-417 and joins the Southeastern Connecticut Tourism District.
Section 2. The Town of Sprague, having a population of 2,996 according to the federal consensus of 1980, shall have 2 representatives on the District, who shall be appointed by the Board of Selectmen. Appointments shall be for one, two and three years initially, and thereafter for three-year terms terminating October 1 of that year.
Section 3. This ordinance shall become effective 15 days after its passage.
JUNE 28, 1991
Section 1. Work to be done by owner: failure to comply
A. Whenever public convenience or necessity requires that a sidewalk, driveway apron or curb be constructed or repaired, the owner or owners of any land fronting on any highway or street in the Town of Sprague, upon receipt of an order from the Board of Selectmen of said town, shall construct or repair sidewalks, driveway aprons or curbs within the highway adjacent to said land in the manner required by the ordinance or any regulations adopted hereunder.
B. If, after notice, the property owner fails to comply with Subsection A hereof, the Board of Selectmen shall cause the same to be done at the expense of the property owner. Said expense shall be a lien upon the premises adjoining such sidewalk, driveway apron or curb, and the Selectmen shall cause a certificate of lien to be recorded in the Town Clerk’s office within sixty (60) days from the completion of such construction or repair.
Section 2. Removal of ice, snow and other obstructions.
A. The owner, tenant, occupant or person having the care of any building or lot of land bordering on any street or public place within the town where there is a sidewalk, footway, driveway apron or curb shall keep and maintain such footway, sidewalk, driveway apron or curb in a safe and convenient condition for the use of the public and shall cause to be removed therefrom any and all snow, sleet, ice or other obstructions.
B. Snow, ice and sleet shall be removed within twenty-four (24) hours after the end of snowfall or precipitation.
C. In case snow, ice and sleet on any sidewalk, driveway apron or curb shall be frozen so hard that it cannot be removed without injury to the sidewalk, it shall be strewn and be kept strewn with sand, ashes, sawdust or other suitable material so as to be no longer dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be completely cleaned of snow, ice, sleet and other materials strewn thereon, as provided in the ordinance.
D. Any other obstructions placed upon any sidewalk, driveway apron or curb so as to constitute a hazard to the public shall be removed immediately.
E. After the expiration of the time limit as aforesaid for removing such snow, ice, sleet or obstruction, the Selectmen shall cause the same to be removed, and the expense thereof shall be a lien upon the premises adjoining such sidewalk, footway, driveway apron or curb. The Selectmen shall cause a certificate of lien to be recorded in the Town Clerk’s office within sixty (60) days from the completion of such construction or repair.
JUNE 28, 1991
#1990-1 Storage, Collection and Disposal of Solid Waste and Providing for a System of Refuse Collection and Disposal and the Administration Thereof.
REFUSE COLLECTION AND DISPOSAL
Section 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 therefore 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 a Municipal Solid Waste Management Service Contract requiring it to cause all Solid Waste generated within its boundaries to be delivered to the Southeastern Connecticut Regional Resources Recovery Authority System ("SCRRRA System”) when such system begins operations; and
(d) The enactment of this ordinance is in furtherance of this Municipality’s approved Solid Waste Management Plan.
Section 2. Definitions.
The following terms shall have the following meanings.
(a) "Bulky Wastes” means non-combustible construction debris, street sweepings, and oversized bulky items including, but not limited to, discarded appliances, large parts of automobiles, and oversized tree stumps, logs and branches.
(b) "Commercial Food Refuse” shall include waste from the preparation, cooking and consumption of food, condemned food products and all refuse from the handling, storage, preparation and sale of produce originating primarily in commercial kitchens, stores, restaurants, food markets and factories.
(c) "Director” (First Selectman) shall mean the Director of Public Works of this Municipality.
(d) "Disposal Charge” shall be that amount of money charged for each ton of Solid Waste delivered to the SCRRRA System.
(e) "Hazardous Wastes” mean solid and liquid wastes in the following classifications:
(ii) Pathogenic or pathological wastes
(iii) Radioactive wastes
(iv) Cleaning fluids, acids, poisons or other chemical wastes which either create an immediate safety hazard to persons disposing of the waste or which by virtue of their chemical and/or the method of disposal present a threat to the quality of ground or surface waters.
(v) Hospital operating room wastes.
(g) "Municipality” shall mean the Town of Sprague.
(h) "Recyclable Materials” means materials which have been so designated (by the Director or by the Commissioner, Conn. Dept. of Environmental Protection) by a resolution of the Board of Selectmen at the recommendation of the Recycling/Waste Management Committee.
(i) "Refuse” means unwanted and discarded solid materials, but does not include:
(ii) Bulky wastes;
(iii) Hazardous wastes; or
(iv) Any other material which may not be lawfully disposed of in a sanitary landfill or a resources recovery facility.
(k) "Solid Waste” means Refuse which is not Recyclable Materials.
Section 3. License Required for Refuse Collections.
ALL Refuse accumulated in this Municipality shall be collected, conveyed and disposed of by persons licensed by this Municipality to perform such work and in accordance with the provisions of this article. No other persons shall collect, convey over any street or dispose of any Refuse in this Municipality; except that the actual producers of Refuse or the owners of Premises in this Municipality upon which Refuse has accumulated may personally collect, convey and dispose of such Refuse at such place or places as the Director may from time to time designate.
Section 4. Refuse Containers
(a) Provision for Containers.
The owner of each premises whose Refuse is created or generated shall provide, at a suitable place upon such premises, sufficient receptacles for receiving and holding such Refuse during the intervals between collections. Refuse containers shall be maintained in good condition free of holes and fissures and shall be equipped with securely fitting covers.
(b) Containers for Commercial Refuse.
Commercial Food Refuse shall be placed in a watertight, vermin proof galvanized or plastic receptacle, with a tight lid, of not over thirty (30) gallon capacity or a large covered container designed to be mechanically emptied into a refuse truck.
(c) Containers for Household Garbage; Number of Collections.
The Solid Waste from private households shall be twenty (20) and thirty (30) gallon containers and (2) curbside collections shall be made each week. Solid Waste from dwelling units may alternatively be placed in a large covered container designed to be mechanically emptied into a refuse truck. Grass cuttings and leaves from lawns shall be collected if they are placed in a waterproof plastic or paper bag of not over thirty (30) gallon capacity, and said bag is tied off.
Section 5. Storing of Refuse
(a) Public Places.
No person shall place any Refuse in any street, alley or other public place or upon any private property, whether owned by such person or not, within this Municipality except in proper containers or otherwise properly prepared for collection or under express approval granted by the Director. No person shall throw or deposit any Refuse in any stream or other body of water.
(b) Accumulation of Refuse.
Any uncontainerized accumulation of Refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any accumulation of Refuse within ten (10) days after written notice by registered mail to remove same shall be deemed a violation of this ordinance.
(c) Scattering of Refuse.
No person shall cast, place, sweep or deposit anywhere within this Municipality any Refuse in such a manner that it may be carried or deposited by the elements upon or in any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises.
(d) Hazardous Wastes.
It shall be unlawful for any person, firm or corporation to place Hazardous Wastes or similarly dangerous substances into any Refuse container, or to transport any such substance to any place designated for the disposal or delivery of Refuse or Bulky Waste.
Section 6. Bulky Waste
Bulky Waste may not be collected or mixed with Refuse and shall be delivered or disposed of at such place and time as the Director may from time to time designate and any applicable charge shall be paid by the person delivering the waste.
Section 7. Source Separation and Recycling.
(a) Separation of Materials; Collection.
Recyclable Materials shall be separated from Solid Waste and placed at the curb or other designated collection place for collection on the days designated by the Director or the Refuse Collector. In no event will the collection of Recyclable Materials which are bottles, cans, glass or paper be less than twice a month. The Director shall determine and provide public notice of the schedule for collecting all other Recyclable Materials. In the event of rain or snow, no paper Recyclable Materials shall be placed out for collection.
(b) Separation at Dumpsters.
Multifamily dwelling units and commercial, industrial or other non-residential entities not utilizing curbside collection shall have an area immediately adjacent to the dumpster or other collection container designated for Recyclable Materials. The area designated shall be marked in white paint with the words "Recyclable Materials” stenciled in the center of the area.
(c) Methods of Separating and Packing. All Recyclable Materials shall be separated from Solid Waste in the following manner:
(ii) Unbroken glass, bottles, all types of cans and other aluminum products, including used aluminum trays and foil, shall be separated from other rubbish and combined in one or more upright containers (preferably plastic) used only for this category of recyclables and containing no paper, plastic, or other rubbish. [These materials need to be clean.] The container(s) shall be covered and marked with two decals, obtained from the Director, placed on opposite sides approximately half-way up the side of each container. The container(s) must be kept clean and in such a place as not to constitute a nuisance or otherwise be objectionable.
(iii) All other Recyclable Materials shall be separated from non-recyclables and maintained in an orderly condition so as not to constitute a nuisance or otherwise be objectionable.
Section 8. Licensing of Refuse Collectors; Registration of Vehicles.
(a) Licensing and Registration Authority Designated.
The Director shall be the licensing and registration authority for Refuse Collectors and vehicles and containers. The Director shall grant a license within a reasonable time following the filing of proper application and payment of the prescribed fee unless he finds one or more of the following conditions to prevail:
(ii) The applicant lacks suitable equipment with which to collect refuse in a safe and nuisance-free manner and in compliance with this Article.
Each Refuse Collector shall annually on or before July first apply for a license from the Director on such form as he shall prescribe to engage in the business of refuse collection in this Municipality.
(c) Registration of Vehicles, Containers.
Each licensed Refuse Collector shall obtain a separate registration for each vehicle he operates within this Municipality. When a vehicle is employed to transport more than one container, each container to be transported shall require a registration. Registrations shall not be transferable from vehicle to vehicle nor container to container, provided however, the Director may allow such temporary transfer of registrations in hardship situations, such as a temporary breakdown of individually licensed vehicles.
(d) Registration Term, Fee; Renewal.
All registrations shall be issued for the term not to exceed one year and shall be renewable on or before the first day of July of each year. The registration fee shall be determined by the Board of Selectmen on a recommendation by the Recycling/Waste Management Committee.
(e) Display of Registration.
The registration issued shall be conspicuously displayed on the left front of the body of each vehicle or container so licensed, or as may be directed.
(f) Identification of Vehicles and Containers.
Each licensee shall prominently display at all times on each registered vehicle or container in letters at least four (4) inches in height his name, registration number and telephone number.
(g) Notification Required Upon Sale, Transfer of Route.
When any licensee shall sell or transfer all or part of his route to another Refuse Collector presently licensed to collect Refuse in this Municipality, he shall forthwith give written notice to the Director at least seven (7) days before the date of the sale or transfer stating the name of the buyer or transferee and intended date of sale.
(h) Licenses Nontransferable.
Licenses are not transferable. When any licensee shall sell, or transfer, all or part of his route to any Refuse Collector not licensed in this Municipality, he shall first notify the Director, in writing, of his intent to sell and the transferee shall, at the same time, make application for a license to operate in this Municipality.
(i) Routes Serviced.
As a prerequisite to the issuance or renewal of any license, the Refuse Collector must, during the month of June, furnish to the Director the geographical routes within this Municipality that such Refuse Collector services or intends to service.
Section 9. Revocation or Suspension of License or Registration.
A license to engage in Refuse Collection and to use the waste disposal or processing facilities provided by this Municipality is a privilege, not a right. Failure to comply with the provisions of this article shall be grounds for revocation or suspension of any license or registration issued under the provisions of this article in addition to any other penalty imposable by law.
(b) Notice Required.
Revocation or suspensions shall only become effective five (5) calendar days after receipt of written noticed from the Director.
(c) Request for Review – Filing; effect of failure to file.
If a Refuse Collector objects to the Director’s action described in Paragraph (b) above to revoke or suspend his license or registration, he may, within the five (5) calendar days of receipt of said notice, file a written request for review with [the first selectman]. Failure to timely file such request for review shall make the Director’s action final and binding upon the collector.
(d) Same – Effect of Timely Filing.
Timely filing of such request for review shall operate as an automatic stay of the Director’s action.
(e) Special appeals board; hearing.
The Board of Selectmen shall appoint forthwith a special appeals board consisting of two (2) members of the Recycling/Waste Management Committee together with the First Selectmen, and said board shall then within fifteen (15) days hear and decide the matter. Such hearing shall be private, except however, such hearing may be public if so requested, in writing, by the Refuse Collector. The decision of said board shall be final and binding upon the collector.
(f) Names, Addresses of Customers to be Furnished Upon Revocation, Suspension. Whenever a collector’s license or registration is revoked or suspended, he shall furnish the Director within twenty-four (24) hours the names and addresses of his customers.
Section 10. Administration; Promulgation of Rules and Regulations.
(a) Director Responsible.
The Director shall administer the licensing of any Refuse Collector engaged in the collecting and transporting of Refuse in this Municipality.
The Director shall, when considering an application for a refuse license, including renewal, ascertain that the applicant has adequate liability insurance.
(c) Additional Rules.
The Director may promulgate additional rules on all collection and disposal procedures from time to time as he deems proper, but such rules shall not be inconsistent with this Article.
Section 11. Refuse Collector’s Responsibilities and Obligations.
(a) Place of Delivery.
Each Refuse Collector shall deliver all Refuse collected within the territorial limits of this Municipality to such place or places as the Director may from time to time designate and any applicable charge, including the Disposal Charge, shall be paid by the Refuse Collector.
(b) Recyclable Materials.
Each Refuse Collector must collect Recyclable Materials from each of its customers in the manner specified in this Article.
(c) Construction and Maintenance of Vehicles and Containers.
All vehicles registered to collect and transport refuse shall be of a watertight construction and shall be maintained free of obnoxious odors and accumulated Refuse. Any such vehicle shall be of closed construction. A container utilized primarily for non-liquid Refuse need not be of watertight construction, but shall be completely enclosed.
(d) Delinquent Customers.
A Refuse Collector may refuse to provide collection service to any customer who is more than thirty (30) days delinquent in the payment of the Refuse Collector’s fee. If the delinquent customer shall discharge his delinquency, the Refuse Collector shall immediately restore collection services to the customer.
(e) Responsibility to Provide Service; Refusal to Provide.
Refuse collectors are hereby made jointly responsible for providing collection service to any resident of this Municipality. If any resident of this Municipality shall be refused collection services or is dissatisfied with collection service for cause, he may make application to the Director, who shall have the right to direct said collector to provide service or who shall have the right to designate another licensed Refuse Collector to provide refuse collection service and the collector so selected shall comply with the Director’s designation. In making such designation, the Director shall give primary consideration to those collectors who service customers in the same or contiguous locality.
(f) Designation of Collector to Provide Service.
In the event refuse collection service is not provided, the Director shall designate a licensed Refuse Collector or collectors to provide refuse collection service in the geographical area affected, and such collector or collectors shall comply with the Director’s designation.
(g) Customers’ Containers.
Refuse Collectors shall leave their customers’ containers in a neat upright position and off the road.
(h) Spilled Refuse.
Refuse Collectors shall clean up Refuse that may have spilled when carrying or transferring Refuse.
(i) List of Rates.
Each Refuse Collector shall furnish to his customers, upon request, a list of rates for the various services provided.
Section 12. Violations and Penalty.
Any person violating the terms of this Article shall be fined not more than one hundred dollars for each offense, in addition to any other penalty imposable hereunder.
Section 13. Collection by this Municipality
No applicable provisions governing municipal collection.
Section 14. Amendments.
The Board of Selectmen are hereby empowered to amend these regulations as necessary after holding a public hearing on any such amendments. These proposed amendments shall be described in a legal notice placed in a newspaper having substantial circulation in the Town of Sprague at least four days prior to any public hearing on same.
JUNE 26, 1991
(2) One elector shall be appointed for a term to expire on the date of the biannual town election to be held in the calendar year 1981.
(3) One elector shall be appointed for a term to expire on the date of the biannual town election to be held in the calendar year 1979.
ACCEPTED FEBRUARY 9, 1978
FEBRUARY 9, 1978
ADOPTED OCTOBER 19, 1977
In determining whether a permit shall be issued, the Selectman shall give due consideration to the effect of the proposed approach upon the public safety, and to drainage needs.
Section 2. All necessary drainage pipes, culverts, headwalls and/or catch basins and/or ditches must be installed where deemed necessary by the First Selectman or his agent.
The paving from the edge of the traveled roadway to the property line shall consist of bituminous concrete compacted to a depth of at least two (2) inches unless varied with the written permission of the First Selectman or his agent.
Section 3. The holder of this permit shall be responsible for any damage done to the Town road in the building of the approach.
An applicant shall deposit with the Town Treasurer, security in the form of a bond with sufficient surety, cash or other collateral, in such amount as may be required by the First Selectman or his agent sufficient to cover the completion of all work, including work required to repair the Town road.
Section 4. The penalty for violation of this ordinance shall be a fine not to exceed $250.00.
APRIL 11, 1977
AUGUST 18, 1975
Exemptions from this Ordinance may be given by the Board of Education as to any real property dedicated for the educational purposes and by the Board of Selectmen as to any other real property owned by the Town of Sprague upon written request of the applicant and said exemption shall be in writing, specifying the period of time for said exemption and the purpose thereof.
Any person who violates this Section shall be fined not more than Fifty Dollars ($50.00) or sentenced to five (5) days in jail, or both.
AUGUST 18, 1975
BE IT FURTHER RESOLVED that the vacancies created for the terms 1974 to 1978 may continue to be filled by the individuals so designated by the Planning and Zoning Commission until the election in November of 1975, at which time the remaining term from November 1975 through November of 1978 shall be filled by electors chosen at the November 1975 election.
MAY 27, 1975
MAY 27, 1975
SEPTEMBER 24, 1973
The terms of office of said Commission members shall be effective commencing with the date of said appointment for the following terms:
One (1) member shall be elected for a term of one (1) year from the date of said appointment;
One (1) member shall be elected for a term of two (2) years from the date of said appointment;
One (1) member shall be elected for a term of three (3) years from the date of said appointment;
One (1) member shall be elected for a term of four (4) years from the date of said appointment;
One (1) member shall be elected for a term of five (5) years from the date of said appointment:
Thereafter, the terms of all five (5) members shall be for a period of five (5) years.
FEBRUARY 13, 1973
b) Article III, Sec. 2: Amend to read, "A permit and inspection fee (combined) of ten ($10.00) dollars.”
c) Article III, Sec. 3: Amend last sentence to read "Superintendent shall be immediately available for final inspection at time work is completed, so that property owners will not be charged additional expense of any waiting time by contractor making installation.”
d) Article IV, Sec. 2: Amend permit and inspection fees to read: $10.00 for residential or commercial building permit. $50.00 for an industrial sewer permit.
e) Article X; Add Sec. 2 to read: Any Section or Article of this Ordinance may be changed at any time, for the common good, through the process of a duly constituted Town Meeting.
JUNE 1, 1972
Unless the context specifically indicates otherwise, the meaning of the terms used in this ordinance shall be as follows:
Section 1. "BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter.
Section 2. "Building Drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
Section 3. "Building Sewer” shall mean the extension from the building drain to the public sewer or other place of disposal.
Section 4. "Combined Sewer” shall mean a sewer receiving both surface run-off and sewage.
Section 5. "Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
Section 6. "Industrial Wastes” shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
Section 7. "Natural Outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
Section 8. "Person” shall mean any individual, firm, company, association, society, corporation or group.
Section 9. "pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Section 10. "Properly Shredded Garbage” shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.
Section 11. "Public Sewer” shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
Section 12. "Sanitary Sewer” shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
Section 13. "Sewage” shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and stormwaters as may be present.
Section 14. "Sewage Treatment Plant” shall mean any arrangement of devices and structures used for treating sewage.
Section 15. "Sewage Works” shall mean all facilities for collecting, pumping, treating and disposing of sewage.
Section 16. "Sewer” shall mean a pipe or conduit for carrying sewage.
Section 17. "Shall” is mandatory; "May” is permissive.
Section 18. "Slug” shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.
Section 19. "Storm Drain” (sometimes termed "storm sewer”) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
Section 20. "Superintendent” shall mean the (Superintendent of the Sewage Works and/or of Water Pollution Control) of the Town of Sprague, or his authorized deputy, agent or representative.
Section 21. "Suspended Solids” shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
Section 22. "Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.
Use of Public Sewers Required (3.4)
Section 1. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town of Sprague, or in any area under the jurisdiction of said Town, any human or animal excrement, garbage, or other objectionable waste.
Section 2. It shall be unlawful to discharge to any natural outlet within the Town of Sprague, or in any area under the jurisdiction of said Town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.
Section 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
Section 4. The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the Town of Sprague and abutting on any street, alley or right of way in which there is now located or may in the future be located a public sanitary or combined sewer of the Town, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line.
Private Sewage Disposal (3.5)
Section 1. Where a public sanitary or combined sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article.
Section 2. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the town, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of Twenty-five ($25.00) Dollars shall be paid to the Town at the time the application is filed. (see 4.21)
Section 3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within seventy-two (72) hours of the receipt of notice by the Superintendent.
Section 4. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Connecticut. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
Section 5. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article III, Section 4, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
Section 6. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town of Sprague.
Section 7. No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
Section 8. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
Building Sewers and Connections (3.6)
Section 1. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Superintendent.
Section 2. There shall be two (2) classes of building sewer permits:
b. For service to establishments producing industrial wastes.
In either case, the owner or his agent shall make application on a special form furnished by the Town of Sprague. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of Twenty-five ($25.00) Dollars for a residential or commercial building sewer permit and One Hundred ($100.00) Dollars for an industrial building sewer permit shall be paid to the Town at the time the application is filed.
Section 3. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town of Sprague from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
Section 4. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
Section 5. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent to meet all requirements of this ordinance.
Section 6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town of Sprague. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W. P.C.F. Manual of Practice No. 9 shall apply.
Section 7. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
Section 8. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
Section 9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town of Sprague, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
Section 10. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.
Section 11. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town of Sprague and/or the Bureau of Highways of the State of Connecticut.
Use of the Public Sewers (3.7 & 3.8)
Section 1. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
Section 2. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Superintendent, to a storm sewer, combined sewer or natural outlet.
Section 3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
b. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer.
c. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
Section 4. No person shall discharge or cause to be discharged the following described substances, materials, water or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
b. Any water or waste containing facts, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150)°F (0 and 65°C).
c. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
d. Any waters or wastes containing strong acid from pickling wastes or concentrated plating solutions whether neutralized or not.
e. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
f. Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
g. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.
h. Any waters or wastes having a pH in excess of (9.5).
i. Materials which exert or cause:
(2) Excessive discoloration (such as, but not limited to dye wastes and vegetable tanning solutions).
(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(4) Unusual volume of flow or concentration of wastes constituting "Slugs” as defined herein.
Section 5. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendant may:
(b) Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) Require control over the quantities and rates of discharge, and/or
(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of this Article. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances and laws.
Section 6. Grease, oil and sand interceptors shall be providen when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.
Section 7. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
Section 8. When required by the Superintendent, the owner of any property services by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observations, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times (See 3.8).
Section 9. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater” published by the American Public Health Association and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four (24) composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hr. composites of all outfalls whereas pHs are determined from periodic grab samples.) (See 3.8)
Section 10. No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the Town of Sprague and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town of Sprague for treatment, subject to payment therefore, by the industrial concern.
Protection from Damage (3.9 and 3.10)
Section 1. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, apputenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
Powers and Authority of Inspectors (3.10)
Section 1. The Superintendent and other duly authorized employees of the Town of Sprague bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Superintendent, or his representatives, shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
Section 2. While performing the necessary work on private properties referred to in Article VII, Section I above, the Superintendent or duly authorized employees of the Town of Sprague shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees and the town of Sprague shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V, Section 8.
Section 3. The Superintendent and other duly authorized employees of the Town of Sprague bearing proper credentials and identification shall be permitted to enter all private properties through which the Town of Sprague holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
Section 1. Any person found to be violating any provision of this ordinance except Article VI shall be served by the Town of Sprague with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.
Section 2. Any person who shall continue any violation beyond the time limit provided for in Article VIII, Section 1, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding One Hundred ($100.00) Dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
Section 3. Any person violating any of the provisions of this ordinance shall become liable to the Town of Sprague for any expense, loss or damage occasioned the Town of Sprague by reason of such violation.
Section 1. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 2. The invalidity of any section, clause, sentence or provisions of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part of parts.
Ordinance in Force (3.11)
Section 1. This ordinance shall be in full force and effect from and after its passage, approval, recording and publication as provided by law.
JANUARY 6, 1972
WHEREAS, such has been done and the Connecticut State Police Department is supplying the Town of Sprague Resident State Police Service; BE IT RESOLVED by this Town Meeting that the Police Commission of the Town of Sprague is hereby dissolved.
WHEREAS, the Board of Police Commissioners has elected to apply for a Resident State Trooper; and
WHEREAS, such has been done and the Connecticut State Police Department is supplying the Town of Sprague Resident State Police Service; BE IT RESOLVED by this Town Meeting that the Police Department of the Town of Sprague is hereby dissolved.
NOVEMBER 10, 1971
Two (2) members shall be elected for a term of three (3) years from the date of said election; and
Two (2) members shall be elected for terms of four (4) years from the date of said election; and
Thereafter, the terms of all seven (7) members shall be for a period of four (4) years.
AUGUST 16, 1971
AUGUST 16, 1971
May 17, 1971
REPEALED MARCH 19, 2012
WHEREAS, transportation for Sprague students to these two schools has been provided by the Board of Education in the past years; and,
WHEREAS, the voters of the Town of Sprague desire to continue transportation to these two schools for those Sprague students who choose to attend either St. Bernard’s or Notre Dame High School.
AUTHORITY is given by this ordinance for the Board of Education to bill the Town for the additional mileage for transportation to either of the aforementioned schools for buses traveling to Norwich Free Academy and/or Norwich Regional Technical School.
AUGUST 26, 1970
MARCH 3, 1970
#1969-1 An Ordinance Amending An Ordinance Entitled Proposed Zoning And Ordinance Laws Adopted By The Town Meeting Held September 29, 1947.
Section 1. The ordinance entitled Proposed Zoning and Ordinance Laws adopted by the Town Meeting held September 29, 1947, is amended by the deletion of the first two sentences of Section 2, which read: "No. 1 a Zoning Commission shall be appointed by the First Selectman. Said Zoning Commission shall consist of five (5) electors of the Town of Sprague and they shall serve for a term of two (2) years from the 1st Monday of October of odd numbered years, or until their successors are appointed and duly qualified.”
Section 2. The ordinance entitled Proposed Zoning and Ordinance Laws adopted by the Town Meeting held September 29, 1947, is amended by the addition of the following sentences: "The Zoning Commission shall consist of five (5) electors of the Town of Sprague who shall, commencing with the municipal election to be held November 1971, be elected for terms as hereinafter set forth. At the municipal election of November 1971, three (3) persons shall be elected to serve terms of four years from the date of their election and until their successors are elected and duly qualified; and two (2) persons shall be elected to serve for a term of two years from the date of their election until their successors are elected and duly qualified. Thereafter, at each municipal election members shall be elected for terms of four years to fill the expiring terms.”
Section 3. This ordinance shall become effective fifteen (15) days after publication in accordance with the Connecticut General Statutes.
SEPTEMBER 23, 1969
Section 1. There is hereby created a commission consisting of five (5) members which shall be known and designated as the Sprague Water and Sewer Authority. Said Authority shall have the responsibility to plan and direct the development, financing, construction, equipping and operation of such water and sewage supply, systems, disposal and distribution facilities as may be required to properly serve the water and sewer needs of the Town of Sprague.
Section 2. The said Authority shall consist of five (5) electors of the Town, each of whom shall serve for a term of five (5) years or until his successor shall have been appointed, except those first appointed who shall serve terms respectively, as follows: One shall serve for a term of five (5) years; one shall serve for a term of four (4) years; one shall serve for a term of three (3) years; one shall serve for a term of two (2) years; and one shall serve for a term of one (1) year. The initial term of each member shall commence on the effective date of this ordinance. The Board of Selectmen or its successor shall appoint the members of the Authority and shall fill all vacancies occurring in the membership of said Authority. Membership on any other Board, Commission, Authority, Committee or other agency of the Town of Sprague shall not preclude any elector from membership on said Sprague Water and Sewer Authority. The Authority shall at its first meeting and annually thereafter elect from its members a chairman and a secretary and shall establish its own rules of procedure.
Section 3. In the operation of any municipal water works system or any municipal sewer system, the Authority shall have all the rights, powers, duties and obligations conferred and imposed by Special Act 354, regular session of January 1967, Connecticut Legislature, entitled "An Act Authorizing the Town of Sprague to Establish a Water and Sewer Authority and to Purchase the Baltic Water Company in the Town of Sprague”, as the same may be amended from time to time; and such powers granted under chapter 102, Connecticut General Statutes, revision of 1958 as amended and as the same from time to time be amended, Insofar as the water supply system of the Town is concerned; and may exercise such powers granted under chapter 103 of Connecticut General Statutes; revision of 1958 as amended, insofar as the sewer authority of the Town is concerned.
Section 4. The Authority shall have the power to request and expend such appropriation of Town funds as may be required to carry out the purposes of this ordinance, the Special Act, and General Statutes referred to herein, and shall have the power to engage such employees as may be required to carry out the purposes of this ordinance.
Section 5. The Authority shall cooperate with and obtain available assistance from federal, state, regional and local agencies concerned with public water and sewer matters, and shall advise the legislative body of the Town concerning requirements for Town ordinances or the revision of the same, home rule ordinance or action by the state legislature as may be required to enable the Authority to more adequately serve the water and sewer needs of the Town.
Section 6. The operation and maintenance of the bookkeeping system of the Sprague Water and Sewer Authority shall be in accordance with sound accounting principles and shall be initially established with the advice of the Town auditor. The said books and records of the said Authority shall be subject to annual audit in the manner prescribed for the books and records of the Town and all departments thereof.
Section 7. Any net operating revenues of the Authority after the payment of annual obligations of the said Authority, shall be reserved for use in connection with expansion, maintenance and capital improvement of water and sewer systems of said Authority.
Section 8. Members of the Authority shall be compensated at the rate of $10.00 per meeting attended; except that total compensation per member shall not exceed $120.00 in any year.
Section 9. This ordinance shall take effect fifteen (15) days after publication, in accordance with Connecticut General Statutes.
DECEMBER 5, 1967
#1966-1 An Ordinance Regulating The Addition Of Any New Street Or Highway To The Highway System Of The Town Of Sprague
Section 1. Definitions ~
"Street” means a newly established project road or any abandoned or legally closed highway or road being open for public use.
"Board” means the Board of Selectmen
Section 2. Procedure for layout and acceptance:
1. Layout - Whenever any street is proposed and before any construction clearing or excavating is initiated, the owner or developer shall present to the board, three certified copies of plans and profiles prepared by a licensed Connecticut Engineer or Land Surveyor together with topography map of the area and a written application for approval of such street. The plans shall conform to the specifications herein after stated and subject to Sec. 13-25 of the 1959 Supplement of the 1958 revision of the General Statutes of Connecticut. Such plans shall include all drainage needs, as prepared by a certified licensed Connecticut Engineer, and culverts and catch basins.
The Board at a regular meeting shall discuss the proposed plan with the owner, developer and/or agents and if approved, approved with changes or disapproved, shall return one copy of the plan with note of its action to the owner within 30 days from the receipt of the application. When approved by the Board, one copy of the plans shall be filed with the Town Clerk.
2. Final Acceptance by the Board: Upon completion of construction of proposed street and before acceptance by the Board of said street into the Town Highway System, the owner or developer shall furnish a certificate from a qualified engineer, certifying that (a) the work has been completed according to the profile submitted and in accordance with all specifications herein after stated. (b) The drainage system is adequate for the projected development. Upon receipt of such certificate and the Town Meeting having voted to accept such proposed roads, such road may be finally accepted by the Board into the Town Road system.
3. Record of Acceptance: Final acceptance of all roads by the Board of Selectmen shall be entered into the minutes book of the Town Clerk of the Town of Sprague as proof of such acceptance.
Section 3. Construction Specifications
1. Width: Any street shall contain a minimum "right of way” of fifty (50) feet unless laid out with prior written approval of a majority of the Board. Such street shall be conveyed by Warranty Deed to the Town of Sprague. The road bed of any street shall have a minimum width of twenty-four (24) feet. No dead end street shall be approved by the Board except that a turnabout of fifty (50) foot radius be constructed. There shall be no brush, trees or boulders within six (6) feet of the side of the road bed. Such road bed shall be excavated to a depth of twelve (12) inches and be freed of boulders and all ledge shall be cut an additional twelve (12) inches.
2. Grade and Contour
(b) The profile of such new street shall have no abrupt changes of grade.
(c) Slopes shall be finished in a neat manner and where streets are out or filled the side slope shall not be steeper than one foot vertical to two feet horizontal, unless the permanence of the slope shall be otherwise provided by the owner or developer to the satisfaction of the Board.
(a) All shoulders two feet on each side of the road bed shall be so constructed that control of surface, water and sub surface water is maintained; all shoulders and water-ways shall be surfaced with bituminous concrete and compacted to two (2) inch thickness. Catch basins and culvert pipe of minimum diameter of 15” shall be installed at each corner of all intersections and catch basins at a maximum of every three hundred (300) feet on each side of the road except as may be varied by written permission of the Board. All catch basins to be connected to cause a continuous flow of controlled surface and sub surface water to an ultimate destination of natural flow, brook, pond or river. All culvert pipe shall be reinforced concrete pipe.
4. Curbs -
Curbs of curb mix bituminous concrete shall be constructed at each side of the road to a height of 6”. Such curbs to be uniformly constructed using compacting equipment identified as curbing machine.
5. Drainage Rights –
All necessary drainage rights and/or easements for maintaining drainage over or under adjoining lands to an ultimate destination of natural flow as Paragraph 3 "drainage” shall be procured by the developer at no cost to the Town of Sprague.
6. Utilities – All utilities shall be in place before final grading and compacting of streets.
7. Gravel –
Gravel shall be uniformly applied to a compacted depth of twelve (12) inches on all normal areas and in wet land to be a compacted depth of twenty-four (24) inches. All gravel shall be process stone or gravel of a uniform size of not more than five (5) inches in diameter for sub-surface and not more than two (2) inches for finished application, top 4 inch coarse.
8. Initial Surfacing and Sealing –
(a) The road bed shall be graded with a crown on the average of one fourth (1/4) inch per foot.
(b) The final gravel fill, grading and application of tar at one (1) gallon per square yard with sand coverage, shall be done under the supervision of the Board at the developers or owners expense.
(c) Seal Coat – Within sixty (60) days of the initial application of tar there shall be applied to all surfaces of the road bed a uniform application of bituminous concrete of ¼” top size stone, presently identified as formula 138, to a depth of 1 inch, this application shall be applied with patented machinery designed specifically for the handling of like materials and this application shall be compacted with a five (5) ton roller of the proper design for this specific material.
9. Guard Rails –
Guard rail post and railing shall be installed as directed by the Board.
10. All materials –
All materials used in the construction of any street shall be in accordance with the State of Connecticut, State Highway Department Standard Specifications for Roads, Bridges and incidental Construction, except that portion that covers size of gravel.
11. Names of Streets –
New streets shall be named subject to the approval of the Board of Selectmen.
12. Surety Bond –
The Board shall require that a surety Bond of cash or collateral shall be deposited with the Town Treasurer in an amount sufficient to cover any incomplete work before a certificate pertaining to the status of such road can be issued by the Board of Selectmen or any officer of the Town of Sprague.
13. Previous Street regulations and/or Ordinances –
This Ordinance shall supplant any previous regulations and/or Ordinances and shall become effective 15 days after its publication in a local newspaper having circulation in the Town of Sprague.
14. Exceptions –
Any road over 50% completed may be accepted by the Board under the Town Policy in effect before the passage of this Ordinance.
Town of Sprague, Board of Selectmen MARCH 22, 1966
(Effective June 19,1964)
Section 1. The term "permit area” as used herein shall mean the area within the right of way of any Town street.
Section 2. The Selectmen may adopt from time to time such rules, regulations and specifications for the conduct of work incidental to the excavations of streets and sidewalks as they deem for the best interest of the town. The violation of any such rule or regulation shall be unlawful.
Section 3. No person shall make any excavation in or dig below the surface of any street or sidewalk in the Town unless he has obtained a permit so to do issued by the Selectmen.
A copy of the permit shall be on file at the site of the work for examination at any time by any police officer or other authorized agent of the town or state.
Whenever the exigencies of public health or safety require that work be immediately done within a permit area, and the procurement of a permit is impracticable, it shall be lawful for the work to be commenced without a permit, provided, however, that an application is made for such permit within forty-eight hours of the emergency.
Section 4. Before a permit is issued, a written application, on a form furnished for that purpose, shall be filed with the Selectmen setting forth
a. The name and address of the applicant,
b. The proposed work to be done,
c. The time when and place where the proposed work is to be done, and
d. Such other information as the Selectmen may require.
Section 5. Upon filing the application, each applicant shall pay to the town a permit fee of $1.00, for each opening or excavation within a permit area.
No permit shall be valid unless the work specified therein shall be commenced within a period of 30 days from the date of issuance, but a renewal thereof may be obtained without additional charge by filing a statement containing the reason for the delay.
All work hereunder shall proceed uninterruptedly to the completion thereof, and said openings or excavations shall be immediately backfilled in accordance with the rules and regulations adopted by the Selectmen and said streets or sidewalks shall be restored to the existing condition prior to said excavation or opening of same.
Section 6. It shall be the duty of every person who makes any excavation in or digs below the surface of any street or sidewalk to protect the public against injury therefrom by providing fences or barriers and warning lights and taking any other precautions that may be necessary or that the Selectmen may order.
Section 7. Each such permit issued under the preceding sections shall be subject to the conditions that the person to whom it is granted shall be liable to any person who receives actionable injury through the exercise of such permit and shall be liable to indemnify and reimburse the town for any loss sustained by it by reason of the exercise of such permit. Such conditions shall be obligatory upon any person who shall receive such permit, without other notice than that to be implied from this section.
Section 8. The Selectmen shall require such permittee to file a surety bond, public liability policy, or other form of security satisfactory to the purchasing agent in a sum sufficient to indemnify the town for any liability incurred by it as a result of the exercise of such permit.
Now, therefore, be it resolved that, until further action by the legislative authority of this Town, the number of justices of the peace for this town be, and the same is fixed at twelve (12).
EFFECTIVE MAY 26, 1964
WHEREAS, the Town of Sprague, a body politic, situated in the County of New London and State of Connecticut, owns property for the use of its citizens and tax payers as a dump for refuse, rubbish, garbage and waster material;
WHEREAS, the Town of Sprague desires to make regulations, rules and ordinances regarding the use of the property as a Town Dump;
NOW THEREFORE, be it ordained by the Legislative Body of said Town of Sprague:
Section 1. The town dump shall be under the control of the Board of Selectmen of the Town of Sprague.
Section 2. The dump shall be open to the citizens and taxpayers of said Town and any person, firm or corporation who collects refuse, rubbish, garbage and waste material within the territorial limits of said town.
Section 3. The hours and days for which the dump will be open for use shall be determined by the Selectmen who shall post said hours and said days on a sign at the entrance of said dump.
Section 4. No person, firm or corporation shall deposit any carcasses or dead animals within the limits of said dump property.
Section 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined no more than $25.00.
EFFECTIVE OCTOBER 15, 1962
REPEALED MARCH 19, 2012
To ratify the number system of dwellings and buildings on roads and streets within the Town of Sprague, and to authorize the Planning Commission to make changes or additions to the system in the future.
ADOPTED JANUARY 19, 1960
Pursuant to the provisions of Section I of Public Act 613 of the 1959 Session of the General Assembly, the Town of Sprague hereby adopts Public Act 613 of the General Statues and joins the Southeastern Regional Planning Agency for Southeastern Connecticut as defined by the Connecticut Development Commission under the provisions of Public Act 448 of the 1959 Session of the General Assembly.
Local Representation – The Town of Sprague having a population of 2, 320 according to the Federal census of 1950 shall have two (2) representatives on the agency.
A. Pursuant to Section 2 of the Public Act 613 of the 1959 Session of the General Assembly, the planning commission of the Town of Sprague duly constituted is hereby authorized to appoint to the Southeastern Regional Planning Agency one (1) elector of the Town of Sprague for a term of one (1) year.
B. The Selectmen are hereby authorized to appoint to the agency one (1) elector of the Town of Sprague to serve two (2) years. Thereafter, all appointments shall be made for a period of two (2) years. Appointees under this section shall continue to serve after expiration of their terms until their successors are appointed and take office. Appointees may be reappointed for successive terms. Terms of office of initial appointees shall commence upon establishment of said regional planning agency.
ADOPTED JANUARY 19, 1960
Route 207 in the Town of Sprague from West Main Street to Elm Street shall be included in the trunk line system of highways and shall be maintained by the highway commissioner after October 1, 1959.
APPROVED JUNE 16, 1959
Section 1. There will be in the Town of Sprague a board of police commissioners, composed of six resident electors of the Town of Sprague. Said commissioners shall be appointed by the Board of Selectmen of said town within thirty days after the passage of this act. Two of said commissioners shall be appointed to serve until July 1, 1955; two commissioners to serve until July 1, 1957; and two commissioners to serve until July 1, 1959 and biennially thereafter, in the month of June, two commissioners shall be appointed to serve for a term of six years from the first day of July succeeding their appointment. They shall elect a chairman and secretary from their number, and shall be sworn to a faithful performance of their duty. Meetings may be called by the chairman or by a majority of the members of the board. A majority shall constitute a quorum.
Section 2. All vacancies occurring in said board shall be filled by the Board of Selectmen, which may remove any commissioner for any cause that it may deem sufficient.
Section 3. No compensation for services shall be allowed to any member of said board, but each commissioner shall be entitled to receive his actual disbursements or necessary expenses in the performance of any duty imposed upon him by direction of said board.
Section 4. Said board shall establish a police department in said town and shall have the general management and control thereof, shall purchase all the equipment for said department, shall annually prepare a budget, shall make rules and regulations governing said department and shall appoint not more than seven regular policemen, fifteen supernumerary policemen and five special policemen. Said board shall have the power to designate and appoint any superior office or officers with a rank to be designated by said board subject to the approval of the Board of Selectmen, and shall fix the compensation of said policeman and superior officers, subject to the approval of the Board of Finance, and may remove, suspend or penalize any member for violation of its rules.
Section 5. The members of the police department and those hereafter appointed shall hold their respective positions and offices until removed for cause. If any charge is filed against any officer appointed by said board of police commissioners, the same shall be in writing and such policeman may file any proper answer thereto, and action shall not be taken upon such charges until after reasonable notice thereof and after an opportunity has been afforded such member to appear before said board and be heard concerning the same. Any member aggrieved by the action of said board may, within thirty days after such action, take an appeal therefrom to the court of common pleas for New London County.
Section 6. Members of the police department shall have the powers granted to constables by the general statutes. The term of office of the constables of said town in office on the effective date of this act shall expire upon the appointment of policemen under this act, and no constables shall thereafter be elected in said town.
Section 7. Said board shall cause to be faithfully enforced in said town all the laws of the state and all the ordinances and by-laws of the Town of Sprague. Said board shall have jurisdiction within said town of the parking of automobiles upon the streets and highways of said town, and may make regulations concerning the same and concerning the traffic by automobiles in said town, so far as the same shall not be inconsistent with the provisions of the general statutes.
APPROVED MAY 19, 1953
Section 1. That the election to be held in the Town of Sprague on the first Monday of October, 1949 and bi-annually thereafter, there shall be elected a first selectman, and two other selectmen, each of whom shall hold office for a term of two years from the date of election and until the successor has been elected and has qualified. The votes cast for the unsuccessful candidate for the First Selectman shall be counted as votes for him as a member of such board. No more than a bare majority of said board shall be members of the same political party.
Section 2. On the first Monday of October, 1949 there shall be elected one member of the Board of Assessors who shall hold office for a term of two years, one member shall hold office for a term of four years, and one member shall hold office for a term of six years, and bi-annually thereafter there shall be elected one member of the Board of Assessors who shall hold office for a term of six years from the date of election and until his successor has been elected and has qualified.
Section 3. On the first Monday of October, 1949 and bi-annually thereafter, there shall be elected a Tax Collector, seven Constables, and two Registrars of Voters in each voting district, in said town, each of whom shall hold office for a term of two years from the date of election until their successor has been elected and has qualified.
Section 4. On the first Monday of October, 1949, and bi-annually thereafter, there shall be elected a Town Clerk and a Town Treasurer, each of whom shall hold office for two years on the first Monday of January next succeeding his election, until the successor has been elected and has qualified.
Section 5. On the first Monday of October, 1949, there shall be elected one member of the Board of Tax Review who shall hold office for a term of two years, one member who shall hold office for a term of four years, and one member who shall hold office for a term of six years, and bi-annually thereafter there shall be elected one member of the Board of Tax Review who shall hold office for a term of six years from the date of election and until his successor has been elected and has qualified.
Section 6. On the first Monday of October, 1949, there shall be elected two members of the Board of Finance who shall hold office for a term of two years, two members who shall hold office for a term of four years and two members who shall hold office for a term of six years, and bi-annually thereafter there shall be elected two members of the Board of Finance who shall hold office for a term of six years from the date of election and until their successors have been elected and has qualified.
Section 7. The nine member Board of Education in the Town of Sprague is abolished as of October 3, 1949.
Section 8. There shall be a seven member Board of Education of the Town of Sprague. On the first Monday of October, 1949 there shall be elected four members of said board to hold office for a term of two years and three members to hold office for a term of four years and bi-annually thereafter there shall be elected successors to those whose term then expires, who shall hold office for the term of four years from the date of election and until their successors have been elected and have qualified.
Section 9. If the number of offices to be elected under the provisions of this Act shall be even, no person shall vote for more than one-half of the number, and if the number to be elected shall be odd, no person shall vote for more than a bare majority of the number, and no political party may at any time have more than a bare majority of its members on the Board of Tax Review, Board of Education, Board of Finance and Constables.
Section 10. Number 228 of the Special Acts of 1927 is repealed.
APPROVED MAY 26, 1949
Section 1. The following are ordinance and zoning laws as proposed for the Town of Sprague, County of New London, State of Connecticut for the purpose of promoting the health, safety, morals, and general welfare of the community; for the purpose of securing safety from fire, panic and other dangers; for the purpose of providing adequate light and air; for the purpose of avoiding undue concentration of population; for the purpose of conserving the value of buildings and encouraging the most appropriate use of land within the limits of this Town; for the purpose of providing for public health, comfort and general welfare in living conditions; for the purpose of regulating and restricting the location of trades and industries, and the location of buildings designed for specified uses; the following zones are hereby established:
- A residence zone, restricted to purely residential use, which shall include all the territory in that portion of the Town of Sprague, Village of Baltic, known as the Big Flats and High Street, bounded on the North by Brookside Avenue, on the East by the Shetucket River, on the South by land of the Baltic Mills Company, and West by land of the Baltic Mills Company.
- A residence zone, restricted to purely residential use, which shall include all of the territory in that portion of the Town of Sprague, Village of Baltic, known as the Little Flats, bounded on the North by land of the Baltic Mills Company, on the East by the Shetucket River on the South by Railroad Street and on the West by Donahue land.
- A residence zone, restricted to purely residential use, which shall include all of the territory in that portion of the Town of Sprague, Village of Baltic, known as Wall Street bounded on the North by land of the Baltic Mills Company, on the East by the New York, New Haven and Hartford R.R. Company, on the South by land of the Baltic Mills Company, and West by land of the Baltic Mills Company and Fifth Avenue, bounded on the North by land of the Baltic Mills Company, and the East by land of the Baltic Mills Company on the South by the State Highway to Hanover and on the West by the New York, New Haven and Hartford R.R. Company.
Section 2. ZONING COMMISSION
- A Zoning Commission shall be appointed by the First Selectman. Said Zoning Commission shall consist of five (5) electors of the Town of Sprague and they shall serve for a term of two (2) years from the first Monday of October of odd numbered years or until their successors are appointed and duly qualified. A chairman shall be selected by the First Selectman from the Zoning Commission and such chairman shall call meeting from time to time either at the request of any two (2) members of said Zoning Commission, at the request of any of the Selectmen, or in accordance with the rules and regulations which they, the Zoning Commission, have adopted for their meeting. They shall meet whenever written application be made and presented to the First Selectman for the purpose of passing on any matter pertaining to Zoning within the Town of Sprague. Said Zoning Commission shall be authorized and empowered to take any action deemed necessary and just to draft regulations, amendments, changes or repeal of any section or portion of any section of the Zoning Ordinance and to present same to hearings in public and to take necessary steps for adoption of any such regulations, amendment, change or repeal of Zoning Ordinance. Said Zoning Commission shall be authorized and empowered to hear any complaint concerning a violation of said Zoning Ordinance, and shall give written notice to all parties concerned, either by direct mail or by publication in a newspaper having a general circulation in said Town of Sprague. At any meeting of the Zoning Commission three (3) members shall be necessary for quorum. Said Zoning Commission shall keep a record of all business which comes before it, and may take any action, present any matter, take up any business which under the provision of the General Statutes of Connecticut are permitted.
Section 3. BOARD OF APPEALS
The Zoning Commission shall appoint a Board of five (5) members who shall act as a Board of Appeals. In any action wherein any person shall be aggrieved by the action of the Zoning Commission, he shall have a right to appeal to the Board of Appeals within five (5) days from the time he received notification of the action of said Zoning Commission. Such appeal shall be by petition in writing presenting reasons whereby he alleges being aggrieved. Said Board of Appeals shall set the matter down for hearing and make any reasonable and just disposition of the matter before them. Records of such meetings, hearing, and matters before said Board shall be kept. The right of appeal to the Court of Common Pleas for the County of New London is hereby reserved in all cases wherein a person alleges he is aggrieved by action taken by said Board; such appeal shall be limited to the next but one term of said Court of Common Pleas in and for the County of New London.
Section 4. BUILDING PERMITS
- No building or structure shall be erected, constructed or altered without a permit from the Fire Marshall of the Town of Sprague and said Fire Marshal shall grant no such permit unless such building or structure so to be erected, constructed or altered shall comply with all the regulations and provisions of this ordinance and such ordinance of said Town as may be adopted. For the issuance of such a permit a fee of One Dollar shall be charged which money shall be turned over to the said Town of Sprague.
- In the absence of the Fire Marshall, the Zoning Commission may designate an elector or official of said Town of Sprague to act in the absence of said Fire Marshal.
Section 5. In any of the aforesaid residence zones, no building shall be erected other than a building with its usual accessories, arranged, intended or designed exclusively for one or more of the following specified uses:
- Dwellings or tenements including the office or place of business of a physician, surgeon, dentist, architect, engineer, lawyer, dressmaker, milliner, laundress, public stenographer, artist or musician when situated in the same dwelling or apartment used by such physician, surgeon, dentist, architect, engineer, lawyer, dressmaker, milliner, public stenographer, laundress, artist or musician as his or her private dwelling, and including the work shop of any mechanic or artisan located on the same lot on which the residence, dwelling or apartment of said mechanic or artisan is located, provided such mechanic or artisan shall not carry on in such work shop any business, trade, industry for commercial use.
- Clubs, excepting clubs the chief activity of which is a service customarily carried on as a business.
- Churches and convents.
- Schools, libraries or public museums.
- Philanthropic or eleemosynary uses or institutions other than correctional institutions.
- Hospitals and sanitariums.
- Railroad passenger stations.
- Farming, truck gardening nurseries or green houses.
- Boarding and rooming houses but not hotels.
- Playgrounds and parks.
- Telephone exchanges without a service yard or outside storage of supplies.
In a residence district, no building or premises shall be used for any use other than a use above specified for which buildings may be erected and for the accessory uses customarily incident thereto. The term accessory use shall not include a business except as in this section above permitted nor shall it include any business or use not located on the same lot with the building or use to which it is accessory not a sign more than four feet square in superficial area. A garage or group of garages for more than five motor vehicles shall not be permitted as an accessory use; but such a garage or garages for five or less motor vehicles need not be occupied by the motor vehicles of the occupant of the premises to come within the definition of an accessory garage but may be rented to persons not occupants of the premises. A billboard, signboard, or advertising sign shall in no case be permitted as an accessory use. The placing of "for sale” or "for rent” signs not exceeding nine square feet each in area shall, however, be permitted as an accessory use. No public parking lots shall be established maintained or used as an accessory use.
Section 6. UNRESTRICTED DISTRICTS
The term "unrestricted district” is used to designate the districts for which no regulations or restrictions are provided by this article.
No building shall be erected, altered or changed in the unrestricted districts which is to be used for commercial purposes of by housing any kind of animals or fowls until the health officer of the Town of Sprague shall examine said premises and the proximity of dwelling houses to the same, so that the health, safety and general welfare of the community be protected, and the health officer shall report to the Fire Marshal his findings. No building permit shall be issued by the Fire Marshal unless the Health Officer shall designate that the proposed building to be erected, altered or changed is not harmful or injurious to the health, safety and general welfare of the Community.
Section 7. In any zone designated as "Residence Zone”, it shall be unlawful to operate any dine and dance hall; to enlarge or to change the location of any existing place of business in said zone; to erect or cause to be erected a store front; to display or cause to be displayed any goods or merchandise in front of any building; to burn or cause to be burned any rubbish causing undue smoke and obnoxious odors; to operate or cause to be operated any coin operated record playing machines or other music making machines between the hours of 10:00 o’clock in the evening and 9:00 o’clock in the morning, in any place of business.
Any violation of the above shall be brought before the Town Court of Sprague which shall have jurisdiction of all such offenses, subject to appeal as in other cases. Any person or persons found guilty by said Town Court of Sprague shall be fined not more than One Hundred Dollars ($100.00) for each offense.
Section 8. ENFORCEMENT AND PENALTIES
This ordinance shall be enforced by the Fire Marshal, or by a person designated to act in his absence in accordance with the provisions of Section IV hereof, who shall be authorized to inspect or cause to be inspected any buildings, structure, place or premises and is hereby authorized and empowered to order in writing the remedying of any condition found to exist therein or thereon in violation of any provision of this ordinance. The owner or agent of a building or premises where a violation of any provision of this ordinance shall have been committed or shall exist, of the lessee or the tenant of an entire building or entire premises where such violation shall have been committed or shall exist or the owner agent, lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist or the agent or any person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which such violation shall exist shall be fined not more than One Hundred Dollars for each day that such violation continues; and the Town Court of Sprague shall have jurisdiction of all such offenses subject to appeal as in other cases.
Section 9. VALIDITY OF ORDINANCE
If any section, paragraph, subdivision, cause or provision of this ordinance shall be adjudged invalid such adjudication shall only apply to the section subdivision clause or provision so adjudged invalid and the remainder of this ordinance shall be deemed valid and effective.
Section 10. The above zoning and ordinance laws shall take effect immediately upon passage.
DATED AT SPRAGUE, CONNECTICUT THIS 11TH DAY OF SEPTEMBER 1947.
Zoning Committee elected at Town Meeting:
- Louis Fontain
- Albert W. Houghton
- Odilla N. Arpin
- Joseph Wellington
- John Dewhurst
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES AND THE GENERAL ASSEMBLY CONVENED:
Section 4 of an act dividing the Town of Sprague into voting districts, approved May 25, 1923 is amended to read as follows:
At the annual town election of the Town of Sprague to be held on the first Monday of October, 1927, and bi-annually thereafter, said town shall elect four Registrars of Voters for said town, two from each district, who shall hold office for two years from the first day of January next succeeding their election and until their successors shall have them elected and shall have qualified.
Section 3 of said Act is amended by striking out the word, "annual” in line 3 of said section and inserting in lieu thereof the word, "bi-annual".
APPROVED APRIL 26, 1927
#1927-2 An Act Validating The Establishment, Election And Acts Of The Board Of Finance Of The Town Of Sprague
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES AND GENERAL ASSEMBLY CONVENED:
The resolution approved by the legal voters of the Town of Sprague at the annual election held on October 5, 1925, establishing a Board of Finance in said town under the provisions of Chapter 27 of the General Statutes as amended; the election of the members of said Board of Finance at the special election held on August 30, 1926, and at the annual election held on October 4, 1926 and the Acts of said Board of Finance; are validated.
APPROVED MARCH 30, 1927
#1927-1 An Act Reimbursing The Town Of Sprague For Money Expended For Physical Examination Of School Children.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES AND GENERAL ASSEMBLY CONVENED:
The comptroller is directed to draw his order on the Treasurer and saver of the Town of Sprague for the sum of $20, to reimburse said town for money expended for the physical examination of school children under the provisions of Chapter 264 of the Public Acts of 1919.
APPROVED MARCH 18, 1927
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES AND GENERAL ASSEMBLY CONVENED:
Section 1. The Town of Sprague is divided into two voting districts for the purpose of holding electors’ meetings and annual town meetings for the choice of town officers.
The First District shall comprise all that part of the territory in said town lying without the following described lines: Beginning on the line between the towns of Scotland and Sprague where the highway from Baltic to Scotland crosses said line, thence southerly along the center of said highway until it intersects the main highway from Baltic to Hanover; thence easterly along said highway to Hanover to a point opposite the northeasterly corner of land of the Baltic Mills Company; thence southeasterly to the highway leading southerly from Hanover to Versailles at a point 300 feet southerly from the southeasterly corner of the house on said last mentioned highway owned by William S. MacDonald; thence easterly to the highway marking the town line between Sprague and Lisbon at a point on the dividing line between land of the Inland Paper Board Company, Inc., and land of the estate of William S. Breed; thence northerly by the line between the towns of Sprague and Lisbon and thence westerly by the line between the Town of Sprague and towns of Canterbury and Scotland to the place of beginning.
The Second District shall comprise all that part of the territory of said town lying within the above described lines. The electors dwelling within the First Voting District shall vote at Baltic and the electors dwelling within the Second Voting District shall vote at Hanover.
Section 2. The annual town meeting of said town for the purpose of electing said officers as are not required by law or by vote of the town to be chosen by ballot, and for the purpose of hearing the annual accounts, laying taxes and transacting the ordinary business of said town, shall be held at Baltic on the last Monday of September.
Section 3. The Selectmen shall provide a suitable, convenient place for voting and the necessary ballot boxes for the use of the voters in each of said districts at such elections and annual town meetings, and the warning of such meetings shall specify the place of voting in each of said districts.
Section 4. The Registrars of Voters chosen at the annual election for said voting district shall be electors entitled to vote in the district for which they shall be elected.
Section 5. No electors shall lose his right to vote in the district of his last previous residence in less than thirty days from his removal, if he shall continue to reside at said town.
APPROVED MAY 25, 1923
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES AND GENERAL ASSEMBLY CONVENED:
Section 1. The Town of Sprague is authorized to issue serial bonds, to an amount not exceeding $80,000, in addition to any bonds heretofore authorized or issued by said town, the same to have privilege of registration as to principal, or principal and interest, and to bear interest at a rate not greater than five per centum per annum, payable semi-annually, the first installment of such bonds to mature within three years from the date of issue and the remainder of the principal thereof to be payable at some certain time or times not more than eighty years from the date hereof.
Section 2. No bonds or other obligation shall be issued under the authority of this Act except in pursuance of a vote of said town passed at a meeting duly warned and held for that purpose, which meeting may, subject to the limitations of Sections 2 and 3 hereof, determine the form of such bonds, the several and aggregate amounts thereof, the time of issue and the time or times of payment thereof, the manner of signing, countersigning, registering, selling, exchanging or otherwise disposing of such bonds, and the person or persons who shall execute, negotiate and deliver the same on behalf of said town, and determine all other matters incidental to the issue of said bonds; and, when so issued and delivered, such bonds shall be obligatory upon said town and upon all the inhabitants and property thereof according to the tenor and the purport of the same.
Section 3. No bonds shall be so issued under the provisions of said act as to permit the net bonded indebtedness of said town at any time to exceed five per centum of the Grand List of said town as the same may be compiled for the year of such issue, provided, in computing the debt limitation, bonds issued or to be issued for the construction or maintenance of Municipal Water Works or light plants shall not be included.
APPROVED APRIL 26, 1917
No vehicle of any kind shall park on the northerly side of Railroad Street from point beginning at Drescher’s driveway on said street to Genard’s Restaurant and on the opposite side of Railroad Street between Joiden Block; and the westerly end of Little Park, so called, on Railroad Street; nor on the southerly side of High Street beginning at the westerly end of Little Flower Hall and continuing westerly forty feet; nor shall any vehicle park on Railroad Street in front of the entrance to the Convent of the Holy Family. Anyone violating the terms of this ordinance shall be fined not less than $1 nor more than $10 and costs for each offense.
Be it ordained by the Town of Sprague:
Section 1. No persons shall sell or hawk upon the public streets of the Town of Sprague any goods, wares or merchandise of any kind whatever at public or private sale or auction or sell or peddle such articles of merchandise from house to house without having first obtained a license therefore. This Section shall not apply to farmers or gardeners selling the produce of their dairies or farms nor to the delivery of provisions by merchants or dealers.
Section 2. Every person who shall violate the provisions of Section 1 shall pay a fine of not more than $5.
Section 3. All licenses shall terminate on the last day of October of every year, unless otherwise provided, and shall be issued by the Town Clerk on the order of Selectmen and said Town Clerk shall receive the moneys therefore, specifying the date, time, duration and kind of license and name of licensee, and that the amount paid for said license and keep a record of each license and also inform a constable or grand juror in writing that such license has been issued. Every licensee shall carry his license, while acting under authority of the same, and if he uses a vehicle or wagon while so acting, shall have in a conspicuous place on such vehicle or wagon the number which is on his license.
Section 4. License fees under the foregoing Section shall be as follows, viz: For selling or peddling on the highway, $1 per day or $12 per year. This by-law shall be in effect on or after the first day of November, 1910.
#1873-1 An Act Authorizing The Town Of Sprague To Divide A Tract Of Land Purchased By Said Town As A Cemetery Into Lots, And To Sell Them For Burial Purposes.
Whereas, the Town of Sprague is the owner of a tract of land situate in said town, which was purchased by said town as a cemetery; and, whereas the inhabitants of said town are desirous that improvements should be made in said cemetery, and that it be divided into lots, and the same sold to individuals, at reasonable prices, as separate lots for burial purposes; now, therefore,
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES AND GENERAL ASSEMBLY CONVENED:
Section 1. That the Selectmen of the Town of Sprague, and their successors in office, be, and they are hereby authorized and empowered to divide said cemetery into convenient lots for burial purposes; that they shall have power to bargain and sell the same, and to give good and valid titles by deed, at a reasonable price to such person or persons as may desire to purchase them, and that the avails of the sales shall be expended for the improvement and ornament of said cemetery.
Section 2. The selectmen of said Town of Sprague shall annually make a return of the receipts and expenditures of said cemetery to the town, at the annual town meeting in October.
APPROVED JUNE 27, 1873
RESOLVED by this Assembly, that the boundary line between the Towns of Lisbon and Sprague, near the Mill of King Woolen Company, be changed and altered so that it will run as follows: Beginning in the present boundary line between the said towns of Lisbon and Sprague, at a point south 44 and one-half degrees east, 4 rods from the easterly side of the easterly post of the King Woolen Company’s headgate frame, and running thence on the east side of the present boundary line, south 17 and three-fourths degrees west, 38 rods and 10 links, to a point in the division line between the lands of the King Woolen Company and Henry P. Ray, 12 inches east of the east barway post on said line, thence by said division line, north 79 and three-fourths degrees west, 6 rods and 5 links to the present boundary line at the angle and said division line; thence continuing by the present boundary line southwesterly as before.
APPROVED JUNE 5, 1867
Upon the petition of George J. Lawton and others, praying for the incorporation of a new town, as per petition on file and so forth.
Resolved by this Assembly,
Section 1. That all that part of the towns of Lisbon and Franklin lying within the following described limits and boundaries, viz: commencing at a point in the boundary line between the towns of Franklin and Norwich, near the dwelling house of W. L. Kingsley, at the point made by the angle in said boundary line; thence running north two degrees, fifty-three minutes west, four miles and one hundred and thirty-five rods, through said town of Franklin, to the Shetucket River at an ancient town monument; thence running southeasterly, by the towns of Scotland and Canterbury, to the east line of the highway north of the dwelling house on the Stone Barn Farm, so called; thence southerly, by said east line of said highway, till it comes opposite to the west line of the Kinsman Burying Ground; thence southerly, across the highway, by said line and by the east line of said highway; thence southerly, by the east line of the highway till it comes to the westerly side of the road leading to Henry P. Ray’s; thence southerly, to the line-fence between said Ray’s land and land of John Bachelder; thence by said fence, to the little river; thence by the easterly side of the little river, to the Norwich line; thence running westerly, by said boundary line, to the place beginning, with all the inhabitants residing within said limits, be, and the same is hereby incorporated into a new and separate town, by the name of Sprague, with all the rights, powers, privileges, and immunities, and subject to all the duties and liabilities of other towns in this state, and with the right of sending one representative to the general assembly of this state.
Section 2. Said new town as hereby incorporated, shall belong to and constitute a part of the Eighth Senatorial District, and also shall belong to and constitute a part of the probate district of Norwich.
Section 3. And said new town shall pay its proportion, according to the list of 1860, of all state, town and other taxes now levied; and the collectors of said towns of Lisbon and Franklin, are hereby authorized to the collect the same. And said town of Sprague shall pay the said town of Lisbon, the sum of seven thousand six hundred and seventy-seven dollars, as its share of all debts now existing against said town of Lisbon, and of all charges and expenses, and of all contracts for which said town of Lisbon is now or shall hereafter be liable by force of any contract or claim now existing. And said town of Sprague shall pay to said town of Franklin, one-half of all debts now existing against said town of Franklin, and of all charges and expenses, and of all contracts for which said town is now or shall hereafter be liable by force of any contract or claim now existing.
Section 4. Said new town shall pay said sum of seven thousand six hundred and seventy-seven dollars to said town of Lisbon, on or before the first day of April, A.D. 1862, together with interest thereon from and after the passage of this resolution, to the time of said payment; and shall pay said half part of all debts of said town of Franklin, on or before the first day of April, A.D. 1862, together with the interest thereon from and after the passage of this resolution, to the time of said payment.
Section 5. The present poor of said original town of Lisbon shall be apportioned two-thirds to said new town of Sprague, and the other third to the town of Lisbon. The present poor of said original town of Franklin, except Simeon Babcock, shall be hereafter maintained and supported by the town of Franklin. The poor of each of said towns of Lisbon and Franklin, except as above provided, who were born within the limits hereby incorporated, and who have not be residence or otherwise, gained a settlement elsewhere in this state than within said limits, shall be deemed inhabitants of said new town, and shall be maintained by the same; and said new town shall be liable to maintain all such poor of the towns of Lisbon and Franklin as are or may be absent therefrom: provided such persons, at the time of their departure, had a legal settlement in that part of the before mentioned towns hereby incorporated into said new town. And all the settled inhabitants of said towns of Lisbon and Franklin, who are now residing within the limits hereby incorporated into said new town, shall be inhabitants of and belong to said new town.
Section 6. All records, rights, property and estate of whatsoever name, nature or description, now owned by, due or belonging to the towns of Lisbon or Franklin, or which may hereafter accrue to said towns by virtue of any claim, right or title now existing shall belong to said towns respectively.
Section 7. The town deposit fund of said town of Lisbon shall belong to and be divided between said new town, as hereby incorporated, and said town of Lisbon, in proportion to the number of the inhabitants of said town and the inhabitants in the limits of that part of said new town taken from said town of Lisbon, as ascertained by the census of 1860. And the town deposit fund of said town of Franklin shall belong to and be divided between said new town, as hereby incorporated, and said town of Franklin, in proportion as the list of that part of Franklin embraced in said new town bears to the whole list of 1860 of said town of Franklin.
Section 8. The present poor belonging to said original town of Lisbon shall be apportioned between said town of Lisbon and said town of Sprague, in accordance with the provisions of this resolution, by the selectman of said towns, and if the selectman of said two towns cannot agree upon said apportionment, and if the selectmen of said new town and the selectmen of said towns of Lisbon and Franklin cannot agree upon the division of the deposit fund of said towns, respectively, upon or before the first day of August, A.D. 1861, then the selectmen of said new town and the town so disagreeing may apply to Rufus L. Mathewson of Woodstock and Samuel B. Wheeler of North Stonington; and in case that they do not accept and serve, then, in their stead, to Learned Hebard of Lebanon and William P. Nash of Preston, who are hereby authorized and empowered to apportion said paupers, and to divide said deposit funds between said towns; which apportionment and division, whether made by said selectmen or by said referees shall be final and conclusive on said towns, respectively.
Section 9. All road taxes heretofore assessed on property within the limits of said new town, which have not yet been laid out and expanded, shall be laid out and expended within said new town, as the selectmen of said new town may direct.
Section 10. The first town meeting of said new town shall be holden in the village of Baltic, in said town of Sprague, in Sprague’s Hall, on the second Monday of June, A.D. 1861, at two o’clock in the afternoon, and Ethan Allen and George D. Loveland, shall be moderator thereof; and said Ethan Allen and George D. Loveland, or either of them, shall warn said meeting, and all inhabitants of the town of Sprague who are legal voters in town meeting, to meet at said time and place by posting up a notice on the public sign post in said village of Baltic and at such other places as they, or either of them, may deem proper, within the limits of said new town, at least five days before said meeting; and said new town shall have all powers incident to other towns in this state at said first meeting, and full right to act accordingly; and the officers elected at such meeting shall hold their respective offices until others are appointed and qualified in their stead; and the justices of the peace, viz: those elected by said towns of Lisbon and Franklin, respectively, residing within the limits of said town of Sprague, shall be deemed to be, and have the same power to act as fully as though they had been elected by said new town of Sprague; and said meeting shall have power to determine the time at which the annual meetings thereof shall be holden.
APPROVED MAY 29, 1861