[Adopted 9-6-2006]
The Charter, ordinances and certain resolutions of the Town of New Windsor of a general and permanent nature, adopted by the Mayor and Council of New Windsor, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of the Charter and Chapters 1 through 215, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of New Windsor," hereinafter known and referred to as the "Code."
All ordinances or parts of ordinances inconsistent
with the provisions contained in the Code adopted by this ordinance
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Town of New Windsor which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
All provisions of this ordinance of the Code
shall be in full force and effect on and after September 6, 2006.
A copy of the Code in loose-leaf or post binder
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 ordinance, and if this ordinance shall be adopted, such
copy shall be certified to by the Clerk of the Town of New Windsor
by impressing thereon the Seal of the Town, and such certified copy
shall remain on file in the office of the Clerk of the Town, to be
made available to persons desiring to examine the same during all
times while the Code is in effect.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the Mayor and Council to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the Town of New Windsor" shall be understood and intended
to include such additions and amendments. Whenever such additions,
amendments or supplements to the Code shall be adopted, they shall
thereafter be printed and, as provided hereunder, inserted in the
loose-leaf or post binder book containing said Code as amendments
and supplements thereto.
The Town Clerk of the Town of New Windsor, pursuant
to law, shall cause to be published, in the manner required, a notice
of the passage of this ordinance in a newspaper of general circulation
in the Town. Sufficient copies of the Code shall be maintained in
the office of the Clerk for inspection by the public at all times
during regular office hours. Publication of such notice, coupled with
availability of copies 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.
It shall be the duty of the Clerk, or someone
authorized and directed by the Clerk, to keep up-to-date the certified
copy of the book containing the Code required to be filed in the Clerk's
office for the use of the public. All changes in said Code and all
ordinances adopted subsequent to the effective date of this codification,
which shall be adopted specifically as part of the Code, shall, when
finally adopted, be included therein by reference until such changes
or new ordinances are printed as supplements to said Code books, at
which time such supplements shall be inserted therein.
Copies of the Code book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by resolution of the Mayor and Council, which may also arrange, by
resolution, for procedures for the periodic supplementation thereof.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the Town of New Windsor to be misrepresented
thereby. Any violation of this section shall be punishable as a municipal
infraction.
Each section of the Code and every part of each
section is an independent section or part of a section, and the holding
of any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
The adoption of this Code and repeal of ordinances provided for in § 1-4 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to June 14, 2006.
B.
Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provisions
or any penalty, punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this ordinance brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade,
changing of name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place or any
portion thereof.
G.
Any ordinance or resolution appropriating money or
transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond or other instruments
or evidence of the Town's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
Ordinances establishing the amount and manner of payment
of salaries or compensation of officers and employees, establishing
workdays and working hours of certain employees and providing for
holidays and vacations for employees and keeping of employment records.
L.
All resolutions, including Charter resolutions.
In compiling and preparing the ordinances and
certain resolutions for adoption and revision as part of the Code,
certain grammatical changes and other minor changes were made in one
or more of said ordinances. It is the intention of the Mayor and Council
that all such changes be adopted as part of the Code as if the ordinances
and certain resolutions so changed had been previously formally amended
to read as such.
