[Adopted 12-16-2015 by L.L. No. 3-2015]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Penfield, as codified by General Code, and consisting of Chapters
1 through
255, together with an Appendix, shall be known collectively as the "Code of the Town of Penfield," 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 Penfield 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 Penfield, and it is the intention of said Town 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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.
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 Penfield 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 Penfield
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 Penfield.
D. Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Penfield.
E. Any local
law or ordinance of the Town of Penfield 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 Penfield or any portion thereof.
F. Any local
law or ordinance of the Town of Penfield 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 Penfield 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 Official 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 local
law or ordinance adopted subsequent to November 4, 2015.
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 Penfield 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 Penfield
by impressing thereon the Seal of the Town of Penfield, 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 Penfield" or any new local laws, ordinances
or resolutions, when enacted or adopted in such form as to indicate
the intention of the Town 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 incorporated into 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
copy of the Code of the Town of Penfield 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 Town 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 included as supplements to said Code, 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 alters or tampers with the Code of the Town of
Penfield in any manner whatsoever which will cause the legislation
of the Town of Penfield 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 Penfield, 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.
[Adopted 12-16-2015 by L.L. No. 3-2015]
Whenever in this Code or in any ordinance, local law, rule,
resolution, order or regulation of the Town any act is prohibited
or is made or declared to be unlawful, is an offense against the ordinance,
local law, rule, resolution, order or regulation or whenever in such
Code or ordinance, local law, rule, resolution, order or regulation
the doing of any act is required or the failure to do any act is declared
to be unlawful, where no specific penalty is provided therefor, the
violation of any such provision of this Code or any ordinance, local
law, rule, resolution, order or regulation shall be punished by a
fine not exceeding $350 or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed 15 days, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed 15 days, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of such ordinance, local law, rule, resolution, order or regulation
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
In all cases where the same offense may be made punishable or
shall be created by different clauses or sections of the laws of the
Town, the prosecuting officer may elect under which to proceed; but
not more than one recovery shall be had against the same person for
the same offense.