Town of East Fishkill, NY General Provisions

This law shall be known as "A Local Law to Provide for the Codification of the Local Laws, Ordinances, and Certain Resolutions of the Town of East Fishkill into a Municipal Code to be Designated the `Code of the Town of East Fishkill,' and Making Certain Amendments Thereto."

§ 1-2 Legislative intent.

It is important that the current laws, ordinances and resolutions of the Town of East Fishkill exist in a format where town officials and the public may readily have access to them. To this end, the Town Board has researched the current status of the various enactments of the town, to assemble a current compilation, to update provisions in accordance with state law amendments and other changes in applicable law; to add certain provisions where needed; and to eliminate unneeded or duplicative regulations. The Board has also undertaken an analysis under SEQR of the environmental impacts of the codification process. The proposed codification has been compiled by General Code Publishers and presented for adoption. Accordingly, it is the purpose of this local law to enact the codification of all of the current laws, ordinances and resolutions of the Town of East Fishkill; to enact appropriate additions and amendments thereto; and to repeal unneeded laws and regulations.

§ 1-3 Adoption of Code; correction of references.

In accordance with § 20(3) of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of East Fishkill, as amended by this local law, shall hereafter be known collectively as the "Code of the Town of East Fishkill" (hereafter referred to as "the Code.") The proposed Code has been prepared by General Code Publishers Corp., dated 2001, is now on file in the Town Clerk's office and consists of Chapters 1 through 194, together with an Appendix. Wherever the Code refers to any local law, ordinance or resolution appearing in said Code, such reference shall be deemed 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.

§ 1-4 Copy of Code on file.

A certified copy of the Code as adopted shall be filed in the office of the Town Clerk, and shall remain on file in the office of the Town Clerk.

§ 1-5 Changes in previously adopted legislation; new provisions.

The following amendments and modifications are hereby made in the several laws, ordinances and resolutions now being codified, to become effective upon the same effective date as the codification. 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: The specific amendments referred to in § 1-5 are included in their appropriate place in the text of the Code, but are not repeated here. (See § 1-11.) The chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, these footnotes will be replaced with the following history: "Amended (added, deleted) 6-14-2001 by L.L. No. 3-2001." The complete text of L.L. No. 3-2001, including the above changes, is on file in the town offices.

§ 1-6 Minor nonsubstantive changes.

In addition to the specific amendments set forth in this local law, the process of codification may have resulted in one or more grammatical, numbering, pagination or other nonsubstantive changes in text, but no change in the meaning or intent of such text is intended. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the affected local laws, ordinances and resolutions had been previously formally amended to read as such.

§ 1-7 Continuation of existing provisions.

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 original or amended local law, ordinance or resolution, which is being continued in the Code. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as they appear in said Code.

§ 1-8 Repeal of enactments not included in Code; exceptions.

All local laws and ordinances of a general and permanent nature of the Town of East Fishkill in force on the date of the adoption of this local law and not contained in the Code adopted by this local law, or otherwise recognized and continued in force by reference in this local law, are hereby repealed as of the effective date of this local law, with the exception of the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any right or liability established, accrued or incurred under any legislative provision of the Town of East Fishkill prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.

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 East Fishkill or any penalty, punishment or forfeiture which may result therefrom.

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 East Fishkill.

Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of East Fishkill.

Any local law or ordinance of the Town of East Fishkill 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 East Fishkill or any portion thereof.

Any local law or ordinance of the Town of East Fishkill 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 East Fishkill or other instruments or evidence of the town's indebtedness.

Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any local law or ordinance relating to salaries and compensation.

Any local law or ordinance amending the Zoning Map.

Any local law or ordinance relating to or establishing a pension plan or pension fund for town employees.

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.

Any local law adopted subsequent to 9-26-2000.

Local laws regarding Economic Development Zones.

Legislation regarding highway specifications for the town.

§ 1-9 Sale of Code book; supplementation.

The Town Clerk may make available copies of the Code, or any chapter or portion of it, to the public for sale upon the payment of a fee to be set periodically by resolution of the Town Board. The Town Board may also arrange for procedures for the periodic supplementation of the Code.

§ 1-10 Future amendments to Code.

The local laws, ordinances and resolutions know collectively as the "Code of the Town of East Fishkill" may be amended, deleted or changed from time to time as the Town Board deems desirable. Any and all additions, deletions, amendments or supplements, 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 of the Code, 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 may thereafter be printed and inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 1-11 Incorporation of provisions of this local law into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of East Fishkill, 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. The specific amendments contained in § 1-5 shall be included, in their appropriate place, in the text of the Code, but shall not be repeated in Article I of Chapter 1 of the Code.

§ 1-12 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

§ 1-13 Severability.

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.