[HISTORY: Adopted by the Town Board of the Town of Copake as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-13-1996 by L.L. No. 1-1996]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Copake, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 232, together with an Appendix, shall be known collectively as the "Code of the Town of Copake," 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 Copake" 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 Copake, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature of the Town of Copake 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 Copake 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 Copake 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 Copake.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Copake.
E. 
Any local law or ordinance of the Town of Copake 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 Copake or any portion thereof.
F. 
Any local law or ordinance of the Town of Copake 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 Copake 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 or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any legislation relating to salaries.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any legislation adopted subsequent to August 10, 1995.
M. 
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
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 Copake 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 Copake 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 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 Copake" 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 printed and, as provided hereunder, inserted in the loose-leaf book containing 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 certified copy of the book containing the Code of the Town of Copake 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 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 may be purchased from the Town Clerk of the Town of Copake upon the payment of a fee to be set by resolution of the Town Board, which Board may also arrange by resolution for procedures for the periodic supplementation thereof.
[Amended 7-12-2007 by L.L. No. 3-2007]
A. 
It shall be unlawful, without authorization from the Town Clerk, to change or amend, by additions or deletions, any part or portion of the Code of the Town of Copake or alter or tamper with such Code in any manner whatsoever which will cause the legislation of the Town of Copake to be misrepresented thereby or violate any other provision of this local law.
B. 
Any person, firm or corporation who is guilty of a violation of this chapter, 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. Each day after notice that a violation continues shall be deemed a separate offense. In addition, a civil penalty of $100 per day may be assessed for any such violation, which civil penalty shall be recovered by the Town of Copake in a civil action.
C. 
Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such an offense.
D. 
Appropriate actions and proceedings may be taken at law or in equity to prevent or remedy unlawful changes, amendments, or alterations to any portion of the Town Code of the Town of Copake, and these remedies shall be in addition to penalties otherwise prescribed by law.
A. 
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Copake, 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 following amendments and/or additions 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]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, Articles or sections which were added, amended, adopted or deleted by this local law are indicated throughout this Code by a footnote referring to "Ch. 1, General Provisions, Art. I." During routine supplementation, footnotes indicating amendments or additions will be replaced with "Amended (or Added, as appropriate) 6-13-1996 by L.L. No. 1-1996." A complete description of the changes made by § 1-11B of L.L. No. 1-1996 is on file in the Town Clerk's office.
[Adopted 3-1-2010 by L.L. No. 2-2010]
Any application that shall be filed with the Town Board, Zoning Board of Appeals and/or Planning Board shall be deemed abandoned and the respective Board(s) shall close its file, in the event that the applicant shall fail or refuse to take any substantive or good faith action to progress the application toward its completion for a period of six months, and upon at least a sixty-day written notice to the applicant of such abandonment. Such abandonment shall not be considered a denial. Any application may be renewed following its abandonment upon the filing of a new application and the payment of the appropriate fee. The applicant may utilize applicable documents previously submitted in the furtherance of a renewed application. The Board(s) may, upon good cause shown, waive the renewal filing fee. This section shall be applicable to all pending and future applications.