[HISTORY: Adopted by the Town Board of the
Town of Mamakating as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-4-1990 by L.L. No. 7-1990]
In accordance with Subdivision 3 of § 20
of the Municipal Home Rule Law, the local laws, ordinances and certain
resolutions of the Town of Mamakating shall be known collectively
as the "Code of the Town of Mamakating," 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 Mamakating" 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 below,
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 Mamakating, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Mamakating 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and continued in force by reference therein are hereby repealed from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 Mamakating prior to
the effective date of this local law, or any action or proceeding
brought for the enforcement of such right or liability.
B.
An offense or act committed or done before the effective
date of this local law in violation of any legislative provision of
the Town of Mamakating, 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 Mamakating.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Mamakating.
E.
Any local law or ordinance of the Town of Mamakating
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 Mamakating or any portion
thereof.
F.
Any local law or ordinance of the Town of Mamakating
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 Mamakating 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 dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
All legislation regulating boats.
M.
All legislation regulating vehicles and traffic.
N.
All legislation adopted subsequent to February 1,
1990.
If any clause, sentence, paragraph, section,
article 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 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 Mamakating
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 Mamakating by impressing thereon the Seal of the Town of Mamakating,
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 Mamakating," or any
new local laws 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 Mamakating 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 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 or resolutions until such changes, local laws 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 Mamakating 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.
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 Mamakating or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the Town of Mamakating 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.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Mamakating, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B and C 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 changes, amendments or
revisions 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: A complete description of all
changes is on file in the office of the Town Clerk.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
[Adopted 10-4-1990 by L.L. No. 7-1990]
Unless otherwise specifically provided for in
this Code, any person who violates any provision of this Code shall,
upon conviction thereof, be subject to a fine not to exceed $250 or
imprisonment not to exceed 15 days, or both. Each day that such violation
is permitted to continue shall constitute a separate offense.
A.
In addition to the penalties provided for above, the
Town Board may also maintain an action or proceeding in the name of
the town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of any provision of
this Code.
B.
The Town Justice Court shall have the same powers
of jurisdiction as Supreme Courts for compelling of compliance or
restraining by injunction.
