[HISTORY: Adopted by the Town Board of the Town of Somers: Art. I, 8-9-1984 as L.L. No. 3-1984. Amendments noted where applicable.]
[Adopted 8-9-1984 as L.L. No. 3-1984]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Somers referred to in Subsection B of this section shall be known collectively as the "Code of the Town of Somers," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in Subsection B of this section. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Town of Somers" 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 below, as if such local law, ordinance or resolution had been formally amended to so read.
Distribution of local laws, ordinances and resolutions.
Wherever the terms "local law," "ordinance" or "resolution" are used in any of the local laws, ordinances or resolutions renumbered by Subsection B above, such terms shall be changed to "chapter," "Article" or "section," as appropriate, as if such local laws, ordinances or resolutions 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, as distributed and renumbered in § 1-1 above, 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 Somers, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Somers 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, 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 Somers prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
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 Somers 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 Somers.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Somers, including cable television franchise.
Any local law, ordinance or resolution of the Town of Somers 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 Somers or any portion thereof.
Any ordinance or resolution of the Town of Somers 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 Somers 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 laws, ordinances or resolutions relating to salaries, providing for employee benefits, establishing policies pertaining to personnel or making appointments.
Any local law, ordinance or resolution amending the Zoning Map.
Any local law or ordinance adopted subsequent to June 1, 1983.
In compiling and preparing the local laws, ordinances and certain resolutions of the town for publication as the Code of the Town of Somers, as distributed and designated in the table in § 1-1B hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided below.
The following sections of the ordinances or local laws enumerated are hereby amended to standardize the penalty provisions thereof to provide that an offense against the provisions of such ordinance or local law shall be a violation punishable by a fine of not to exceed $250 or by imprisonment for a term not to exceed 15 days:
Editor's Note: Pursuant to § 1-5B, the following penalty provisions were amended: §§ 26-10, 72-4, 90-5B, 94-4A, 98-7, 100-2, 109-8B and 131-13. A complete description of these provisions is on file in the office of the Town Clerk. An amendment of 10-20-1988 provided for a penalty of of $1,000 for §§ 118-2 and 118-5.
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 § 1-1B 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 in loose-leaf form has been filed in the office of the Clerk of the Town of Somers 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 Clerk of the Town of Somers by impressing thereon the seal of the Town of Somers, and such certified copy shall remain on file in the office of said 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 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 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 Somers" 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 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 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 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 Somers 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, 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 Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such change or local laws, ordinances or resolutions until such change 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 may be purchased from the Town Clerk of the Town of Somers 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 Somers, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Somers 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.