[HISTORY: Adopted by the Town Board of the Town of Montgomery
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-29-2023 by L.L. No. 4-2023]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Montgomery, as codified and consisting of Chapters 1 through 235, are hereby approved, adopted, and enacted as the Code of the Town of Montgomery, 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.
A.
A copy of
the Code has been filed in the office of the Town 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 of Montgomery
by impressing thereon the Seal of the Town, as provided by law, and
such certified copy shall remain on file in the office of the Town
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 of Montgomery" 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 of Montgomery 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 of Montgomery
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 of Montgomery 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 Montgomery
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 Montgomery.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Montgomery.
E.
Any local
law or ordinance of the Town of Montgomery 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 Montgomery or any portion thereof.
F.
Any local
law or ordinance of the Town of Montgomery 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
Montgomery 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 February 2023.
A.
In compiling
and preparing the local laws, ordinances and resolutions for publication
as the Code of the Town of Montgomery, 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.)[1]
[1]
Editor’s Note: In accordance with § 1-7B, the chapters, parts 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, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, repealed) 6-29-2023 by L.L. No. 4-2023.” Schedule A, which contains
a complete description of all changes, is on file in the Town 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 of
Montgomery in any manner whatsoever which will cause the legislation
of the Town of Montgomery 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.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
