[HISTORY: Adopted by the Town Board of the Town of Tonawanda 12-19-1983 by L.L. No. 3-1983. Amendments noted where applicable.]
[Adopted 12-19-1983 by L.L. No. 3-1983]
The chapters, articles and sections of the Code of the Town of Tonawanda (hereinafter "Code") are derived from the 1974 Code of the Town of Tonawanda adopted 7-15-1974 and local laws and ordinances and certain resolutions of said town adopted subsequently which are distributed and designated as indicated. Omitted sections pertain to repeal, severability or when effective provisions, which are covered by provisions of this article or are ordinance or local law title sections which are not necessary in a codification having chapter and/or article titles for the various ordinances and local laws included therein. Deleted sections pertain to provisions not desired for codification due to supersession or conflict with state or local laws, or because their provisions, by their nature, are no longer effective.
All local laws and ordinances previously adopted by the Town Board of the Town of Tonawanda which are in conflict with the local laws and ordinances set forth in the derivation table in § 1-1 are hereby repealed as of the effective date of this local law, except as hereinafter provided.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 § 1-2 of this local law shall not affect 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 Tonawanda 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 Tonawanda 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 Tonawanda.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Tonawanda.
Any local law or ordinance of the Town of Tonawanda 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 Tonawanda or any portion thereof.
Any ordinance or resolution of the Town of Tonawanda 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 Tonawanda or other instruments or evidence of the indebtedness.
Local laws or ordinances 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 or ordinance relating to salaries.
Any local law or ordinance establishing a water, sewer, lighting, garbage or other special purpose district.
Any local law or ordinance adopted subsequent to L.L. No. 2-1983, adopted 6-27-1983.
Any local law or ordinance pertaining to the Zoning Map.
Any local law or ordinance regulating vehicles and traffic.
If any clause, sentence, paragraph, section, article or part of this local law or of any local law or ordinance cited in the table in § 1-1 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 Tonawanda, in loose-leaf form, 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; and, if this local law shall be adopted, such copy shall be certified to by the Town Clerk of the Town of Tonawanda by impressing thereon the Seal of the Town of Tonawanda, 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.
Any and all additions, deletions, amendments or supplements to any of the local laws and ordinances known collectively as the "Code of the Town of Tonawanda" or any new local laws or 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 Tonawanda" 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 Tonawanda" 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.
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 copy of the book containing the "Code of the Town of Tonawanda" required to be filed in the office of the Town Clerk for the use by the public. All changes in said Code and all local laws and ordinances 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 a copy of such changes or local laws or ordinances until such changes or local laws or ordinances, 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 Tonawanda" may be purchased from the Town Clerk of the Town of Tonawanda 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 Tonawanda, pursuant to law, shall cause to be published, in the manner required, a notice of this local law in the official newspaper of the town. A copy of the "Code of the Town of Tonawanda" 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 Tonawanda" or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Tonawanda to be misrepresented thereby, or who violates any other provision of this local law shall, upon conviction thereof, be subject to a fine of not more than $250 or by imprisonment for a term not exceeding 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.