[HISTORY: Adopted by the Town Board of the Town of Wheatland as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-10-1980 by L.L. No. 3-1980 (Ch. 1, Art. II of the 1980 Code)]
[1]
Editor's Note: This local law also amended most ordinances and local
laws of the Town to replace specific penalty provisions with provisions referring
to the general penalty provisions set forth in this article. Certain ordinances
and local laws were amended so as to conform penalty provisions therein to
statutory provisions applying to such ordinances and local laws. L.L. No.
3-1980 also provided that the provisions contained in this article should
be known and may be referred to as the "general penalty provisions of the
Town of Wheatland."
Except where specific maximum penalties are provided elsewhere in the
Code of the Town of Wheatland, in a state law or in another ordinance or local
law of the Town for a particular offense, unlawful act or prohibited act,
any person who shall commit an offense against any provision of the Code of
the Town of Wheatland, against any provision of any other Town ordinance or
local law referring to these general penalty provisions or against any regulation
duly authorized and adopted pursuant to an ordinance or local law of the Town
of Wheatland, by doing any act prohibited or declared to be unlawful thereby
or declared to be an offense, unlawful act or prohibited act thereby, or any
person who shall engage in or exercise any business or occupation or do anything
for which a license or permit is required thereby without having a valid license
or permit therefor as required or who shall fail to do any act when such provision
declares such failure to be an offense, unlawful act or prohibited act, shall,
upon conviction thereof, be deemed guilty of a violation as defined by the
Penal Law of the State of New York, punishable by a fine not exceeding $250
or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
The continuation of an offense for each successive day shall constitute
a separate violation, and the person or persons allowing or permitting the
continuation of the offense may be punished as provided above for each such
separate violation.
The imposition of a penalty as provided above or as specifically provided
in any chapter of the Code of the Town of Wheatland or other ordinance or
local law of the Town shall be in addition to any injunctive or remedial relief
or any civil penalty which is authorized under the laws of the State of New
York or the ordinances and local laws of the Town of Wheatland, with the same
force and effect as though provided for herein. Any penalty or relief shall
not be deemed to be in lieu of any provision for revocation or suspension
of any license or permit.
[Adopted 2-1-2007 by L.L. No. 1-2007]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Wheatland , as codified by General Code Publishers Corp., and consisting of Chapters 1 through 130, together with an Appendix, shall be known collectively as the “Code of the Town of Wheatland,” hereafter termed the “Code.” Wherever reference is made in any of the local laws, ordinances and resolutions contained in the Code of the Town of Wheatland to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Wheatland, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-6 below.
All local laws and ordinances of a general and permanent nature of the
Town of Wheatland in force on the date of the adoption of this local law and
not contained in such Code or recognized and continued in force by reference
therein are hereby repealed from and after the effective date of this local
law.
The repeal of local laws and ordinances provided for in § 1-6 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred under
any legislative provision of the Town of Wheatland prior to the effective
date of this local law or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any offense or act committed or done before the effective date
of this local law in violation of any legislative provision of the Town of
Wheatland or any penalty, punishment or forfeiture which may result therefrom.
C.
Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered prior to the effective date of this local
law brought pursuant to any legislative provision of the Town of Wheatland.
D.
Any agreement entered into or any franchise, license, right,
easement or privilege heretofore granted or conferred by the Town of Wheatland.
E.
Any local law or ordinance of the Town of Wheatland providing
for the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation of
any right-of-way, easement, street, road, highway, park or other public place
within the Town of Wheatland or any portion thereof.
F.
Any local law or ordinance of the Town of Wheatland appropriating
money or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the Town of Wheatland
or other instruments or evidence of the Town's indebtedness.
G.
Local laws or ordinances authorizing the purchase, sale, lease
or transfer of property or any lawful contract, agreement or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any local law or ordinance relating to salaries and compensation.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any local law or ordinance relating to or establishing a pension
plan or pension fund for Town employees.
M.
Any local law or ordinance or portion of a local law or ordinance
establishing a specific fee amount for any license, permit or service obtained
from the Town.
N.
Local Law No. 2-1975, as amended by Local Law Nos. 3-1980 and
9-1980, regulating landfills.
O.
Local Law No. 1-1994 (abolishing the Town police force).
P.
Any local law adopted subsequent to August 1, 2002.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law or of any local law, ordinance or resolution included in
this Code now or through supplementation shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section, article, chapter or part thereof
directly involved in the controversy in which such judgment shall have been
rendered.
A copy of the Code, in loose-leaf form, has been filed in the office
of the Town Clerk of the Town of Wheatland and shall remain there for use
and examination by the public until final action is taken on this local law;
and, if this local law shall be adopted, such copy shall be certified by the
Town Clerk of the Town of Wheatland by impressing thereon the Seal of the
Town, and such certified copy shall remain on file in the office of said Town
Clerk to be made available to persons desiring to examine the same during
all times while said Code is in effect. The enactment and publication of this
local law, coupled with the availability of a copy of the Code for inspection
by the public, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of
the local laws, ordinances and resolutions known collectively as the “Code
of the Town of Wheatland” or any new local laws, ordinances or resolutions,
when enacted or adopted in such form as to indicate the intention of the Town
Board to be a part thereof, shall be deemed to be incorporated into such Code
so that reference to the Code shall be understood and intended to include
such additions, deletions, amendments or supplements. Whenever such additions,
deletions, amendments or supplements to the Code shall be enacted or adopted,
they shall thereafter be printed and, as provided hereunder, inserted in the
loose-leaf book containing said Code as amendments and supplements thereto.
Nothing contained in this local law shall affect the status of any local law,
ordinance or resolution contained herein, and such local laws, ordinances
or resolutions may be amended, deleted or changed from time to time as the
Town Board deems desirable.
It shall be the duty of the Town Clerk to keep up-to-date the certified
copy of the book containing the Code of the Town of Wheatland required to
be filed in the office of the Town Clerk for use by the public. All changes
in said Code and all local laws, ordinances and resolutions adopted by the
Town Board subsequent to the enactment of this local law in such form as to
indicate the intention of said Board to be a part of said Code shall, when
finally enacted or adopted, be included therein by temporary attachment of
copies of such changes, local laws, ordinances or resolutions until such changes,
local laws, ordinances or resolutions are printed as supplements to said Code
book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased
from the Town Clerk, or an authorized agent of the Clerk, upon the payment
of a fee to be set by resolution of the Town Board. The Clerk may also arrange
for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Wheatland or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Wheatland to be misrepresented thereby or who violates any other provision of this local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a penalty as set forth in Chapter 1, Article I, of the Town Code.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Wheatland, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set forth in
Schedule A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this local law. (Chapter and section
number references are to the local laws, ordinances and resolutions as they
have been renumbered and appear in the Code.)[1]
[1]
Editor’s Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by the following history: “Amended (added, deleted) 2-1-2007 by L.L. No. 1-2007.” Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
