[HISTORY: Adopted by the Legislature of the County of Monroe: Art. I, 9-14-1993 by L.L. No. 6-1993, approved 10-5-1993. Amendments noted where applicable.]
[Adopted 9-14-1993 by L.L. No. 6-1993, approved 10-5-1993]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and certain resolutions of Monroe County, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 569, together with an Appendix, shall be known collectively as the "Code of Monroe County," hereafter termed the "Code." Wherever reference is made in any of the local laws and resolutions contained in the "Code of Monroe County" to any other local law 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 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 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 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 or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the County Legislature of Monroe County, and it is the intention of said Legislature that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws of a general and permanent nature of Monroe County 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 provided for in § 1-3 of this local law shall not affect the following classes of local laws, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of Monroe County prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of Monroe County 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 Monroe County.
Any franchise, license, right, easement or privilege heretofore granted or conferred by Monroe County.
Any local law of Monroe County 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 Monroe County or any portion thereof.
Any local law of Monroe County appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of Monroe County or other instruments or evidence of the city's indebtedness.
Local laws 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 annexation or dedication of property.
Any legislation relating to salaries or employee benefits.
Any legislation relating to veteran's tax exemption and the assessed value of real property.
Any legislation adopted subsequent to June 1, 1988.
If any clause, sentence, paragraph, section, Article, chapter or part of this local law or of any local law 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 copy of the Code, in loose-leaf form, has been filed in the office of the Clerk of the Monroe County Legislature 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 Monroe County Legislature by impressing thereon the Seal of Monroe County, 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 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 and resolutions known collectively as the "Code of Monroe County" or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the County Legislature 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 or resolution contained herein, and such local laws or resolutions may be amended, deleted or changed from time to time as the County Legislature deems desirable.
It shall be the duty of the Clerk of the Monroe County Legislature to keep up-to-date the certified copy of the book containing the Code of Monroe County required to be filed in the office of the Clerk for use by the public. All changes in said Code and all local laws and resolutions adopted by the County Legislature subsequent to the enactment of this local law in such form as to indicate the intention of said County Legislature 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 and subsequent supplements may be purchased from the county upon the payment of the fee fixed therefor.
Any person who, without authorization from the County Attorney, changes or amends, by additions or deletions, any part or portion of the Code of Monroe County or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of Monroe County 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.
In compiling and preparing the local laws and resolutions for publication as the Code of Monroe County, no changes in the meaning or intent of such local laws and resolutions have been made, except as provided for in Subsection B 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 County Legislature that all such changes be adopted as part of the Code as if the local laws and resolutions had been previously formally amended to read as such.
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 and resolutions as they have been renumbered and appear in the Code.)
Editor's Note: Pursuant to § 1-11B, the following sections were amended: §§ C6-5, C6-9A, C6-14E, C6-15 and 101-9A(5). The following section was deleted: § C6-4. In addition, throughout the Code, all references to the "Department of Data Processing" were replaced by "Department of Information Services."
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.