[HISTORY: Adopted by the Town Board of the Town of North
East as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-8-2016 by L.L.
No. 2-2016]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of North East, as codified by General Code, and consisting of Chapters 1 through 180, together with an Appendix, shall be known collectively as the "Code of the Town of North East," 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 North East 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 and/or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read. The intent of this local law is also to modify, amend and clarify certain sections of the Town Code which the Town Board has determined require such modification, amendment and clarification.
The provisions of the Code, insofar as they are substantively the same as those of the 1979 Code and 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 1979 Code, 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 North East, 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such provisions of the 1979 Code and former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
A.
A Repeal of inconsistent enactments. Except as provided in § 1-4, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-13; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of North East which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
Repeal
of specific enactments. The Town Board of the Town of North East has
determined that the following local laws and/or ordinances are no
longer in effect and hereby specifically repeals the following legislation:
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 North East 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
North East 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 North
East.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Town of North
East.
E.
Any
local law or ordinance of the Town of North East 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 North East or any portion thereof.
F.
Any
local law or ordinance of the Town of North East 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
North East 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
local law or ordinance adopted subsequent to December 10, 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 North East 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 North
East by impressing thereon the Seal of the Town of North East, 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 North East" 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 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.
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 North
East 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 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 alters or tampers with the Code of the Town of
North East in any manner whatsoever which will cause the legislation
of the Town of North East 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.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of North East, 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.)
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
