[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester as indicated in article histories.
Amendments noted where applicable.]
[Adopted 5-12-2022 by L.L. No. 2-2022]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town/Village of East Rochester, as codified and consisting of the Charter and Chapters 1 through 193, are hereby approved, adopted, and re-enacted as the Code of the Town/Village of East Rochester, hereinafter referred to as the "Code." 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. This local law and the Code adopted hereby shall supersede and replace the 1999 Code of the Town/Village of East Rochester, as amended and supplemented.
A.
A copy of
the Code has been filed in the office of the Town/Village Clerk and
shall remain there for use and examination by the public until final
action is taken on this local law. Following adoption of this local
law such copy shall be certified to by the Clerk of the Town Village
of East Rochester by impressing thereon the Seal of the Town/Village,
as provided by law, and such certified copy shall remain on file in
the office of the Town/Village Clerk, to be made available to persons
desiring to examine the same during all times while said Code is in
effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Town Board to make them a part thereof, shall be
deemed to be incorporated into such Code so that reference to the
"Code of the Town/Village of East Rochester" shall be understood and
intended to include such additions and amendments. Nothing contained
in this local law shall affect the status of any local law, ordinance
or resolution contained in the Code, and such local laws, ordinances
or resolutions may be amended, deleted or changed from time to time
as the Town Board deems desirable.
In the event that notice of enactment of this local law is required
due to amendments adopted by way of this local law to zoning or land
use provisions, or is otherwise required by law, the Clerk of the Town/Village
of East Rochester shall cause notice of the enactment of this local
law to be given in the manner required by law. The notice of the enactment
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.
Each section of this local law and of the Code and every part
of each section is an independent section or part of a section, and
the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All local laws and ordinances of a general and permanent nature,
or parts of such local laws or ordinances, inconsistent with the provisions
contained in the Code adopted by this local law are hereby repealed;
provided, however, that such repeal shall only be to the extent of
such inconsistency, and any valid legislation of the Town/Village
of East Rochester which is not in conflict with the provisions of
the Code shall be deemed to remain in full force and effect.
The repeal of local laws and ordinances provided for in § 1-5 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/Village of East Rochester 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/Village of East
Rochester 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/Village of East Rochester.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town/Village of East Rochester.
E.
Any local
law or ordinance of the Town/Village of East Rochester 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/Village of East Rochester or any portion
thereof.
F.
Any local
law or ordinance of the Town/Village of East Rochester appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the
Town/Village of East Rochester or other instruments or evidence of
the Town/Village'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/Village 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/Village.
N.
Any local
law adopted subsequent to February 10, 2022.
A.
In compiling
and preparing the local laws, ordinances and resolutions for publication
as the Code of the Town/Village of East Rochester, 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[1] 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]
Editor's Note: In accordance with § 1-tB, the chapters, articles and sections which were added, amended, adopted or repealed by this local law are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 5-12-2022 by L.L. No. 2-2022." Schedule A, which contains a complete description of
all changes, is on file in the Town/Village offices.
A.
Chapter and
article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
Any person who alters or tampers with the Code of the Town/Village
of East Rochester in any manner whatsoever which will cause the legislation
of the Town/Village of East Rochester 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 tern of not more
than 15 days, or both.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
[Adopted 2-9-1983 by L.L. No. 2-1983 as
§ 1-6 of the 1983 Code]
As used in this Code, unless the context indicates
otherwise, the following terms shall have the meanings indicated:
The Zoning Board of Appeals of the Town/Village of East Rochester,
acting as the Architectural Review Board in accordance with the powers
and duties set forth in the New York Village Law.
[Added 5-12-2022 by L.L. No. 2-2022]
The residue from the burning of wood, coal, coke or other
combustible materials.
The governing body of the Town/Village of East Rochester.
[Amended 5-12-2022 by L.L. No. 2-2022]
Putrescible animal and vegetable wastes resulting from the
preparation, handling, cooking and consumption of food.
A covered container which is rodent-, vermin-, insect- and
waterproof.
A physician or building inspector or any other person duly
designated by the Board of Trustees.
Any act, place or condition dangerous to health or rendering
soil, air, water or food impure or unwholesome or which tends to endanger
public safety, peace, comfort or repose.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Zoning Board of Appeals of the Town/Village of East Rochester,
acting as the Planning Board in accordance with the powers and duties
set forth in the New York Village Law.
[Added 5-12-2022 by L.L. No. 2-2022]
The Town/Village of East Rochester.
The Zoning Board of Appeals of the Town/Village of East Rochester,
acting as the Zoning Board of Appeals in accordance with the powers
and duties set forth in the New York Village Law.
[Added 5-12-2022 by L.L. No. 2-2022]
