[Adopted 4-21-2009 by L.L. No. 1-2009]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Greece , as codified by General Code, LLC, and consisting of Chapters
1 through
211, together with an Appendix, shall be known collectively as the “Code of the Town of Greece,” 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 Greece” 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 Greece, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
Except as provided in §
1-4 below, all local laws and ordinances of a general and permanent nature of the Town of Greece 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 §
1-3 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 Greece 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 Greece 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 Greece.
D. Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Town of Greece.
E. Any local law or ordinance of the Town of Greece 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 Greece or any portion thereof.
F. Any local law or ordinance of the Town of Greece 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 Greece 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. Any legislation dealing with taxation and tax exemptions.
O. Any legislation dealing with streets and sidewalks.
P. Any legislation dealing with subdivision of land.
Q. The Water Ordinance adopted June 19, 1984, and any
amendments thereto.
R. Any local law adopted subsequent to May 31, 2007.
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 Greece 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 Greece 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 filing of this local
law with the Secretary of State 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 Greece”
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 published 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.
Unless specifically stated in the amendment to this Code, no Town
Board action, local law, ordinance or resolution shall be deemed to
amend this Code.
It shall be the duty of the Town Clerk to keep
up-to-date the Code of the Town of Greece. 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 published
as supplements to said Code, at which time such supplements shall
be included therein.
Any person who alters or tampers with the Code
of the Town of Greece in any manner whatsoever which will cause the
legislation of the Town of Greece 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
fine of not more than $250 or imprisonment for a term of not more
than 15 days, or both.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Town of Greece, such local law to be entitled “General Provisions, Article
I, Adoption of Code,” and the sections of this local law shall be numbered §§
1-1 to
1-13, inclusive.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.