Town of Walworth, NY
Wayne County
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Table of Contents
Table of Contents
[Adopted 9-1-1994 by L.L. No. 1-1994]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Walworth, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 180, shall be known collectively as the "Code of the Town of Walworth," 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 Walworth" 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 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 Walworth, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Walworth 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 Walworth 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 Walworth 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 Walworth.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Walworth.
E. 
Any local law or ordinance of the Town of Walworth 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 Walworth or any portion thereof.
F. 
Any local law or ordinance of the Town of Walworth 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 Walworth 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 annexation or dedication of property.
J. 
Any legislation relating to salaries.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any legislation adopted subsequent to December 30, 1993.
If any clause, sentence, paragraph, section, article, chapter 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, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A. 
Specific terms. When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ASSESSOR
The Assessor of the Town of Walworth in the County of Wayne and State of New York.
ATTORNEY or TOWN ATTORNEY
The Town Counsel of the Town of Walworth in the County of Wayne and State of New York or an attorney retained by the Town Board to render legal advice and assistance.
AUTHORIZED OFFICER OF THE TOWN
Any enforcement officer duly authorized as such by resolution of the Town Board.
BOARD OF APPEALS or ZONING BOARD OF APPEALS
The Board of Appeals of the Town of Walworth in the County of Wayne and State of New York.
BOARD or TOWN BOARD
The Town Board of the Town of Walworth in the County of Wayne and State of New York.[1]
CODE
Unless otherwise specifically qualified, the Code of the Town of Walworth.
CODE ENFORCEMENT OFFICER
The Town officers designated by the Town Board to enforce the Zoning Law, Land Development Regulations, New York State Uniform Fire Prevention and Building Code and other related laws, rules and regulations of the Town of Walworth. Includes the Town Building Inspector.
[Added 10-15-2015 by L.L. No. 3-2015]
CONSTABLE or TOWN CONSTABLE
A constable of the Town of Walworth in the County of Wayne and State of New York or a civil officer performing the functions of a constable in civil action and proceedings only.
COUNCILMAN
A Councilman of the Town of Walworth in the County of Wayne and State of New York.
COUNSEL or TOWN COUNSEL
The attorney regularly retained by the Town Board of the Town of Walworth to render legal advise and assistance. (See "attorney.")
COUNTY
The County of Wayne in the State of New York.
COUNTY CLERK
The County Clerk of the County of Wayne in the State of New York.
FIRE CHIEF
Any of the Fire Chiefs of any fire district or volunteer fire company which has contracted with the Town to render service in any fire district or area of the Town of Walworth in the County of Wayne and State of New York.
FIRE DEPARTMENT
Any of the fire districts or volunteer fire companies under contract to render services in the Town of Walworth in the County of Wayne and State of New York.
FIRE DISTRICT
Established by resolution of the Town Board of the Town of Walworth, subject to the provisions of Article 11 of the Town Law.
HEALTH OFFICER
The duly appointed local Health Officer who is authorized to exercise all the functions and duties of a health officer of the Town of Walworth in the County of Wayne State of New York.
HIGHWAY SUPERINTENDENT, TOWN SUPERINTENDENT OF HIGHWAYS or SUPERINTENDENT OF HIGHWAYS
The Town Superintendent of Highways of the Town of Walworth in the County of Wayne and State of New York.
JUSTICE OF THE PEACE or TOWN JUSTICE
A Town Justice of the Town of Walworth in the County of Wayne and State of New York.
MUNICIPALITY
The Town of Walworth in the County of Wayne and State of New York.
OWNER
A person who has the legal title, alone or with others, or exercises dominion or control over property, both real and personal.
PERSON
One or more persons of either sex, natural person, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
PLANNING BOARD
The Planning Board of the Town of Walworth in the County of Wayne and State of New York.
SEALER OF WEIGHTS AND MEASURES
The Sealer of Weights and Measures of the County of Wayne in the State of New York.
STATE
The State of New York.
SUPERVISOR or TOWN SUPERVISOR
The Supervisor of the Town of Walworth in the County of Wayne and State of New York.
TAX COLLECTOR
The Tax Collector of the Town of Walworth in the County of Wayne and State of New York.
TENANT
A person occupying real property under an oral or written lease or who is in possession of real property under the actual or tacit consent of the owner. Whenever a person, not the owner, occupies real property, it shall be presumed that he occupies the same as a "tenant."
TOWN BOARD or BOARD
The Town Board of the Town of Walworth in the County of Wayne and State of New York.
TOWN CLERK or CLERK
The Town Clerk of the Town of Walworth in the County of Wayne and State of New York.
TOWN ENGINEER
The Town officer appointed by the Town Board to serve as Town Engineer of the Town of Walworth or an engineer employed by the Town Board to give it such professional service and advice as it may require.
TOWN JUSTICE
A Town Justice of the Town of Walworth in the County of Wayne and State of New York.
TOWN or TOWN OF WALWORTH
The Town of Walworth in the County of Wayne and State of New York.
[1]
Editor's Note: The former definition of “Building Inspector,” which immediately followed this definition, was repealed 10-15-2015 by L.L. No. 3-2015. See now “Code Enforcement Officer.”
B. 
Other words. All other words used in this Code and not otherwise specifically defined shall be construed in the manner that they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.
C. 
Rules of construction.
(1) 
Words used in the present tense include the future tense.
(2) 
The singular number includes the plural.
(3) 
A word importing the masculine gender only shall also be construed to include females, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Walworth 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 by the Town Clerk of the Town of Walworth by impressing thereon the Seal of the Town, 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 Walworth" 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 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 Walworth 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 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 may be purchased from the Town Clerk of the Town of Walworth 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.
[Amended 10-7-1999 by L.L. No. 5-1999]
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 Walworth or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Walworth 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. 
Wherever any officer of the Town is granted certain powers or duties or is designated as the enforcement officer of a specific chapter or portion thereof, it shall also be construed to include the deputies, assistants and representatives of such officer as may be designated, delegated or authorized by such officer to exercise such powers or duties.
B. 
While acting within the scope of their employment, it shall be presumed that all acts performed by such deputies, assistants and representatives were duly delegated and authorized.
A. 
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Walworth, 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. 
References throughout the legislation contained in the Code of the Town of Walworth to "he," "him" or "his" are revised to refer to "he/she," "him or her" or "his or her," respectively.
C. 
In addition, the following amendments and/or additions 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: Pursuant to § 1-13C, the following were added or amended: Art. II of Ch. 1, Ch. 18, §§ 56-3, 56-8C and D, 56-9, 56-10A, 56-11, 67-12, 79-3, 85-9C(3) and D(1), 85-21B(1), 85-22, 85-23A and E, 85-29B, 88-9, 92-4, 99-5B and F, 99-7, 99-15, 108-8, 112-2, 112-3, 117-3C(2) and C(8), 117-4, 117-5A, 121-5, 121-12, 121-17, 125-5, 128-10, Art. I of Ch. 133, §§ 139-13, 139-44B(1)(b), B(1)(c) and B(2), 139-62, 139-73B, 139-87A, 139-105, 139-122A, 139-131, Ch. 151, §§ 154-1, 166-4C, 166-5A, 173-9, 180-13F(13), 180-18B, E(2), E(3), F(1) and G, 180-30A(3), 180-37G(6), 180-38C, D(1), E and G(1), 180-40A(9) and E, 180-42A(2), D(18) and D(19), 180-44, 180-48, 180-49, 180-57B, C, D and F and 180-62. The following original sections were deleted: §§ 26-58C and 26.100D of L.L. No. 8-1978 (Ch. 85); §§ 41.3C6, 41.3C7 and 41.3E and Subsection 2 of § 41.10 of L.L. No. 13-1978 (Ch. 117); § 30.82B and Subsection 4C of § 30.54 of L.L. No. 9-1978 (Ch. 180). A complete description of each change may be found in L.L. No. 1-1994, on file in the Town offices.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Walworth, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-15, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.