[HISTORY: Adopted by the Town Board of the Town of Haverstraw: Art.
I, 7-8-1991 as L.L. No. 3-1991. Amendments
noted where applicable.]
[Adopted 7-8-1991 as L.L No. 3-1991]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions of the Town
of Haverstraw shall be known collectively as the "Code of the Town of Haverstraw,"
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 Haverstraw"
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 Haverstraw, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 Haverstraw 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therein are hereby repealed from and after the effective date of this local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 Haverstraw prior to the effective
date of this local law or any action or proceeding brought for the enforcement
of such right or liability.
B. 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 Haverstraw 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 Haverstraw.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Haverstraw.
E. Any local law or ordinance of the Town of Haverstraw
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 Haverstraw or any portion thereof.
F. Any local law or ordinance of the Town of Haverstraw
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 Haverstraw 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 dedication of property.
J. Any legislation relating to salaries.
K. Any local law or ordinance amending the Zoning Map.
L. Any legislation concerning ethics.
M. Any legislation adopted subsequent to March 25, 1991.
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 copy of the Code, in loose-leaf form, has been filed in the office
of the Town Clerk of the Town of Haverstraw 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 Town Clerk of the Town of Haverstraw by impressing thereon the Seal of
the Town of Haverstraw, 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 Haverstraw," 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 Haverstraw 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 Haverstraw 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 Haverstraw or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the Town of Haverstraw 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. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Haverstraw, no changes in the meaning or intent of such local laws, ordinances 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 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. In addition, the following changes, amendments or revisions
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.)
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Town of Haverstraw, 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
1-13, inclusive.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.