[Adopted 4-23-2007 by L.L. No. 1-2007]
In accordance with Subdivision 3 of §
20 of the Municipal Home Rule Law, the City Code adopted October 26, 1971, and subsequent local laws, ordinances and certain resolutions of the City of Middletown, as codified by General Code, and consisting of the Charter and Chapters
1 through
475, together with an Appendix, shall be known collectively as the "Code of the City of Middletown," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the City of Middletown" 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 where such legislation appears 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 the 1971 Code and 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
Code, 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 Code, 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 Common Council
of the City of Middletown, and it is the intention of said Council
that each such provision contained within the Code is hereby reaffirmed
as it appears in said Code.
All local laws and ordinances or parts of local
laws and 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the Code adopted by this local law are hereby repealed; provided,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 City of Middletown 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 §
1-3 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 City of Middletown 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 City of Middletown 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 City of Middletown.
D. Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
City of Middletown.
E. Any local law or ordinance of the City of Middletown
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 City of Middletown or any portion
thereof.
F. Any local law or ordinance of the City of Middletown
appropriating money or transferring funds, promising or guaranteeing
the payment of money or authorizing the issuance and delivery of any
bond of the City of Middletown or other instruments or evidence of
the City'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 City 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 City.
N. Any local law adopted subsequent to 7-10-2006.
[Amended 1-7-2008]
A copy of the Code, in loose-leaf form, has
been filed in the office of the City Clerk of the City of Middletown
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 City Clerk of the
City of Middletown by impressing thereon the Seal of the City of Middletown,
and such certified copy shall remain on file in the office of said
City Clerk to be made available to persons desiring to examine the
same during all times while the 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.
[Amended 1-7-2008]
Any and all additions, deletions, amendments
or supplements to any of the local laws, ordinances and resolutions
known collectively as the "Code of the City of Middletown" or any
new local laws, ordinances or resolutions, when enacted or adopted
in such form as to indicate the intention of the Common Council 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 Common Council
deems desirable.
[Amended 1-7-2008]
It shall be the duty of the City Clerk to keep
up-to-date the certified copy of the book containing the Code of the
City of Middletown required to be filed in the office of the City
Clerk for use by the public. All changes in said Code and all local
laws, ordinances and resolutions adopted by the Common Council subsequent
to the enactment of this local law in such form as to indicate the
intention of said Common Council 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, or any chapter or portion
of it, may be purchased from the City Clerk, or an authorized agent
of the Clerk, upon the payment of a fee to be set by resolution of
the Common Council. The Clerk may also arrange for procedures for
the periodic supplementation of the Code.
Any person who alters or tampers with the Code
of the City of Middletown in any manner whatsoever which will cause
the legislation of the City of Middletown 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the City of Middletown, such local law to be titled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-1 to
1-13, inclusive.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.