[HISTORY: Adopted by the Town Board of the Town of Fishkill as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-1-1981 by L.L. No. 15-1981]
The local laws, ordinances and certain resolutions of the Town of Fishkill referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Fishkill," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
Editor's Note: The Derivation Table, which detailed the derivation of materials included in the 1978 Code, is on file in the Town offices as part of original L.L. No. 15-1981.
All local laws and ordinances of a general and permanent nature adopted by the Town Board of the Town of Fishkill and in force on the date of the adoption of this local law, and not cited in the table in § 1-2 hereof, are hereby repealed as of the effective date of this local law, except as hereinafter provided.
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, resolutions, 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 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 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 Fishkill.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Fishkill.
Any local law, ordinance or resolution of the Town of 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 Fishkill, or any portion thereof.
Any ordinance or resolution of the Town of 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 Fishkill, or other instruments or evidence of the Town's indebtedness.
Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any local law, ordinance or resolution relating to salaries, providing for employee benefits, establishing policies pertaining to personnel, including working hours, or making appointments.
Any ordinance or resolution establishing a water, sewer, lighting, garbage or other special purpose district.
Any amendment to the Zoning Map adopted as a part of the Zoning Local Law of December 27, 1977, Local Law No. 5-1977, as amended.
Any local law, ordinance or resolution adopted subsequent to December 1977.
Any legislation relating to tourist homes or trailers.
Any legislation authorizing the placement of traffic signs in the Town.
Any legislation granting tax exemptions to senior citizens.
In compiling and preparing the local laws, ordinances and certain resolutions of the Town for publication as the Code of the Town of Fishkill as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.
If any clause, sentence, paragraph, section, Article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-2 hereof 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 or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A copy of the Code of the Town of Fishkill, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Fishkill and shall remain there for the use and examination of the public until final action is taken on this local law, and if this local law shall be adopted, such copies shall be certified to by the Town Clerk of the Town of Fishkill, and such certified copies 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 the said Code is in effect.
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 Fishkill," 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 of the Town of Fishkill shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the Town of Fishkill shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing the 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, or someone authorized and directed by the Town Clerk, to keep up-to-date the certified copies of the book containing the Code of the Town of Fishkill required to be filed in the office of the Town Clerk for the use of 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 or local laws or resolutions until such changes or 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 book containing the Code of the Town of Fishkill may be purchased from the Town Clerk of the Town of Fishkill upon the payment of a fee to be set by resolution of the Town Board, which may also arrange by resolution for procedures for the periodic supplementation thereof.
The Town Clerk of the Town of Fishkill, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this local law in the official newspaper of the Town. A copy of the Code of the Town of Fishkill shall be maintained in the office of the Town Clerk for inspection by the public at all times during regular office hours. The enactment and application 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 person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Fishkill, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Fishkill to be misrepresented thereby, or who violates any other provisions of this local law shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.