Village of Clayton, NY
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Clayton as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-6-1987 by L.L. No. 2-1987]
A. 
The local laws, ordinances and certain resolutions of the Village of Clayton, referred to in Subsection B of this section, together with the new regulations contained herein, shall be known collectively as the "Code of the Village of Clayton," 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.
B. 
Distribution of local laws, ordinances and resolutions.
Parallel Table
(Sections providing for severability of provisions, repeal of conflicting legislation and effective dates, which are covered by the provisions of this local law, have been omitted from the Code, and such sections are indicated as "Omitted" in the table which follows.)
New Number
(chapter, title, article, section)
Old Number
(source)
Adoption or Amendment Date
Chapter 14, Officers and Employees
Article I, Defense and Indemnification
L.L. No. 3-1981
11-3-1981
§ 14-1
Unnumbered paragraph
Chapter 46, Buildings, Unsafe
Ordinance
12-5-1966
§ 46-1
Section 1
§ 46-2
Section 2
§ 46-3
Section 3
§ 46-4
Section 4
§ 46-5
Section 5
§ 46-6
Section 6
§ 46-7
Section 7
Omitted
Section 8
Chapter 54, Curfew
L.L. No. 2-1974
11-11-1974
§ 54-1
Section 1
§ 54-2
Section 2
§ 54-3
Section 3
Omitted
Section 4
Omitted
Section 5
Chapter 58. Docking
L.L. No. 5-1978
8-29-1978
§ 58-2
Section 1
§ 58-3
Section 2
Chapter 60, Dogs and Other Animals
Article I, Animals Running at Large
Ordinance
7-15-1968
§ 60-1
Section 1
§ 60-2
Section 2
§ 60-3
Section 3
§ 60-4
Section 4
§ 60-5
Section 6
§ 60-6
Section 7
§ 60-7
Section 8
§ 60-8
Section 9
§ 60-9
Section 10
Omitted
Section 11
Omitted
Section 12
Article II, Dogs
L.L. No. 2-1977
8-2-1977
§ 60-10
Sections 1 and 2
§ 60-11
Section 3
§ 60-13
Section 4
§ 60-14
Sections 5 and 6
§ 60-15
Section 7
§ 60-16
Sections 8 and 9
Omitted
Section 10
Chapter 64, Environmental Quality Review
Article I, Waterfront Area
L.L. No. 2-1986
4-29-1986
Article I
§ 64-1
Section 1.1
§ 64-2
Section 1.2
§ 64-3
Section 1.3
§ 64-4
Section 1.4
§ 64-5
Section 1.5
Article II
§ 64-6
Section 2.1
§ 64-7
Section 2.2
Article III
Omitted
Section 3.1
Omitted
Section 3.2
Chapter 70, Fire Prevention and Building Construction
L.L. No. 2-1983
5-31-1983
§ 70-1
Section 1
Omitted
Section 2
Chapter 74, Flood Damage Prevention
L.L. No. 3-1977
10-11-1977
Section 1.0
§ 74-1
Section 1.1
§ 74-2
Section 1.2
§ 74-3
Section 1.3
§ 74-4
Section 1.4
§ 74-5
Section 2.0
Section 3.0
§ 74-6
Section 3.1
§ 74-7
Section 3.2
§ 74-8
Section 3.3
§ 74-9
Section 3.4
§ 74-10
Section 3.5
§ 74-11
Section 3.6
Section 4.0
§ 74-12
Section 4.1
§ 74-13
Section 4.2
§ 74-14
Section 4.3
§ 74-15
Section 4.4
Section 5.0
§ 74-16
Section 5.1
§ 74-17
Section 5.2
Chapter 100, Sewers
L.L. No. 1-1975
7-7-1975
Article I
§ 100-1
Article I
Article II
Article II
§ 100-2
Section 1
§ 100-3
Section 2
§ 100-4
Section 3
§ 100-5
Section 4
Article III
Article III
§ 100-6
Section 1
§ 100-7
Section 2
§ 100-8
Section 3
§ 100-9
Section 4
§ 100-10
Section 5
§ 100-11
Section 6
§ 100-12
Section 7
§ 100-13
Section 8
§ 100-14
Section 9
§ 100-15
Section 10
§ 100-16
Section 11
Article IV
Article IV
§ 100-17
Section 1
§ 100-18
Section 2
§ 100-19
Section 3
§ 100-20
Section 4
§ 100-21
Section 5
§ 100-22
Section 6
§ 100-23
Section 7
§ 100-24
Section 8
§ 100-25
Section 9
§ 100-26
Section 10
Article V
Article VI
§ 100-29
Section 1
§ 100-30
Section 2
§ 100-31
Section 3
Article VI
Article VII
§ 100-32
Section 1
§ 100-33
Section 2
§ 100-34
Section 3
Article VII
Article VIII
§ 100-35
Section 1
§ 100-36
Section 2, Paragraph (a)
§ 100-37
Section 2, Paragraph (b)
Amended 4-11-1978 by L.L. No. 3-1978; 5-3-1983 by L.L. No. 1-1983; 5-29-1984 by L.L. No. 2-1984
§ 100-38
Section 3
§ 100-39
Section 4
§ 100-40
Section 5
§ 100-41
Section 6
Chapter 102, Signs
L.L. No. 2-1981
6-2-1981
§ 102-2
Section I
§ 102-3
Section II
§ 102-4
Section III
§ 102-5
Section IV
§ 102-6
Section V, Paragraphs 1 and 2
§ 102-7
Section V, Paragraph 3
§ 102-8
Section V, Paragraph 5
Chapter 106, Snowmobiles
L.L. No. 1-1974
4-4-1974
§ 106-1
Section 1
§ 106-2
Section 2
§ 106-3
Section 3
§ 106-4
Section 4
§ 106-5
Section 5
Omitted
Section 6
Omitted
Section 7
Chapter 110, Streets and Sidewalks
Article I, General Regulations
Ordinance
1-29-1912
§ 110-1
Section 1
§ 110-2
Section 2
§ 110-3
Section 4
§ 110-4
Section 5
§ 110-5
Section 6
§ 110-6
Section 7
§ 110-7
Section 9
§ 110-8
Section 10
§ 110-9
Section 11
§ 110-10
Section 16
§ 110-11
Section 19
§ 110-12
Section 20
§ 110-13
Section 21
§ 110-14
Section 22
Article II, Sweeping Materials onto Streets
Ordinance
9-19-1949
§ 110-16
Section 1
§ 110-17
Sections 3 and 4
Omitted
Section 5
Article III, Notification of Defects
L.L. No. 3-1979
6-19-1979
§ 110-18
Unnumbered section
Article IV, Maintenance and Repair of Sidewalks
L.L. No. 3-1985
10-1-1985
§ 110-19
Section 1
§ 110-20
Section 2
§ 110-21
Section 3
§ 110-22
Section 4
§ 110-23
Section 5
§ 110-24
Sections 6 and 7
Omitted
Section 8
Article V, Snow Removal
L.L. No. 6-1985
11-26-1985
§ 110-25
Section I
§ 110-26
Section II
§ 110-28
Section III
Omitted
Section IV
Chapter 114, Taxation
Article I, Utilities Tax
L.L. No. 1-1970
4-6-1970
§ 114-1
§ 1
§ 114-2
§ 2
§ 114-3
§ 3
§ 114-4
§ 4
§ 114-5
§ 5
§ 114-6
§ 6
§ 114-7
§ 7
§ 114-8
§ 8
§ 114-9
§ 9
§ 114-10
§ 10
§ 114-11
§ 11
§ 114-12
§ 12
§ 114-13
§ 13
§ 114-14
§ 14
Omitted
§ 15
Article II, Senior Citizens Tax Exemption
Resolution
4-29-1974; amended in its entirety 2-10-1981
§ 114-15
Unnumbered section
Article III, Alternative Veterans Tax Exemption
L.L. No. 4-1984
10-2-1984
§ 114-16
Section 1
§ 114-17
Section 2
Omitted
Section 3
Article IV, Veterans Tax Exemption
L.L. No. 2-1985
8-20-1985
§ 114-18
Unnumbered section
§ 114-19
Unnumbered section
§ 114-20
Unnumbered section
§ 114-21
Unnumbered section
Omitted
Unnumbered section
Omitted
Unnumbered section
Omitted
Unnumbered section
Chapter 128, Water
L.L. No. 5-1983
12-13-1983
§ 128-1
Section 1
§ 128-2
Section 2
§ 128-3
Section 3
§ 128-4
Section 4
§ 128-5
Section 5
§ 128-6
Section 6
Amended 8-10-1984 by L.L. No. 3-1984
§ 128-7
Section 7
§ 128-8
Section 8
Omitted
Section 9
Chapter 132, Zoning
Ordinance
10-1-1973
Article I
§ 132-1
Unnumbered section
Amended 4-29-1986 by L.L. No. 3-1986
§ 132-2
Unnumbered section
Added 4-29-1986 by L.L. No. 3-1986
Article II
§ 132-3
Article I
Amended 4-29-1986 by L.L. No. 1-1986
§ 132-4
Article II
Article III
§ 132-5
Unnumbered section, Paragraphs 1, 2, 3, 4 and 5
§ 132-6
Unnumbered section
Article IV
§ 132-7
Section 1
§ 132-8
Sections 2 and 3
§ 132-9
Unnumbered section
§ 132-10
Sections 1 and 2
Article III
Article V
§ 132-11
Section 2
§ 132-12
Section 3
§ 132-13
Section 4
§ 132-14
Section 5
§ 132-15
Section 6
Article IV
Article VI
§ 132-16
Unnumbered section
Article V
Added 7-9-1985 by L.L. No. 1-1985
§ 132-17
Section A
§ 132-18
Section B
§ 132-19
Section 1
§ 132-20
Section 2
§ 132-21
Section 3
§ 132-22
Section 4
§ 132-23
Section 5
§ 132-24
Section 6
§ 132-25
Section 7
Article VI
Article VII
§ 132-26
Section 1
§ 132-27
Section 2
§ 132-28
Section 3
§ 132-29
Unnumbered section, Paragraphs 1, 2 and 3
§ 132-30
Section 2
Added 10-10-1978 by L.L. No. 6-1978
§ 132-31
Section 1
§ 132-32
Section 2
Article VIII
§ 132-33
Unnumbered section
Article IX
§ 132-34
Unnumbered section
Omitted
Unnumbered section
§ 132-35
Section 3
Added 12-6-1977 by L.L. No. 5-1977
Article VII
§ 132-36
Unnumbered section
§ 132-37
Unnumbered section, Paragraphs 1, 2 and 3
Amended 5-27-1986 by L.L. No. 4-1986
§ 132-38
Paragraph 4
Amended 10-10-1978 by L.L. No. 6-1978
§ 132-39
Sections 1, 2, 3, 4 and 5
Amended 10-10-1978 by L.L. No. 6-1978
§ 132-40
Sections 1, 2, 3 and 4
Amended 10-10-1978 by L.L. No. 6-1978; 5-18-1982 by L.L. No. 3-1982
§ 132-41
Unnumbered section
Amended 10-10-1978 by L.L. No. 6-1978
§ 132-42
Unnumbered section
§ 132-43
Unnumbered section, Paragraphs 1, 2 and 3
Article VIII
§ 132-44
Unnumbered section
§ 132-45
Unnumbered section
§ 132-46
Unnumbered section, Paragraphs 1, 2, 3, 4 and 5
Amended 11-26-1985 by L.L. No. 7-1985
§ 132-47
Unnumbered section
§ 132-48
Unnumbered section
§ 132-49
Unnumbered section
§ 132-50
Unnumbered section
Article IX
§ 132-51
Unnumbered section
§ 132-52
Unnumbered section
§ 132-53
Unnumbered section, Paragraphs 1, 2, 3, 4 and 5
§ 132-54
Paragraph 6
§ 132-55
Paragraph 7
§ 132-56
Paragraph 8
§ 132-57
Paragraph 9
§ 132-58
Paragraph 10
§ 132-59
Unnumbered section
§ 132-60
Unnumbered section
Article X
§ 132-61
Unnumbered section
§ 132-62
Unnumbered section, Paragraphs 1, 2, 3, 4 and 5
§ 132-63
Paragraph 6
§ 132-64
Unnumbered section, Paragraphs 1 and 2
§ 132-65
Unnumbered section
§ 132-66
Unnumbered section, Paragraphs 1, 2 and 3
Article XI
§ 132-67
Unnumbered section
§ 132-68
Unnumbered section
§ 132-69
Unnumbered section
§ 132-70
Unnumbered section, Paragraphs 1, 2, 3 and 4
Amended 11-26-1985 by L.L. No. 7-1985
§ 132-71
Unnumbered section
§ 132-72
Unnumbered section
§ 132-73
Unnumbered section
Article XII
§ 132-74
Unnumbered section
§ 132-75
Unnumbered section, Paragraphs 1 through 11
§ 132-76
Unnumbered section
§ 132-77
Unnumbered section, Paragraphs 1 and 2
§ 132-78
Unnumbered section. Paragraphs 1 through 8
Article XIII
Added 4-29-1986 by L.L. No. 1-1986
§ 132-79
Unnumbered section
§ 132-80
Unnumbered section
§ 132-81
Unnumbered section
Article XIV
§ 132-82
Unnumbered section
Amended 1-31-1978 by L.L. No. 2-1978
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 Board of Trustees of the Village of Clayton, and it is the intention of said Board of Trustees 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 Village of Clayton 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 Village of Clayton 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 Village of Clayton, 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 Village of Clayton.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Clayton.
E. 
Any local law or ordinance of the Village of Clayton 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 Village of Clayton or any portion thereof.
F. 
Any local law or ordinance of the Village of Clayton appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village of Clayton or other instruments or evidence of the Village'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 local laws or ordinances relating to salaries, providing for employee benefits, establishing policies pertaining to personnel or making appointments.
K. 
Any local law adopted after May 27, 1986 (L.L. No. 4-1986).
In compiling and preparing the local laws, ordinances and certain resolutions of the Village for publication as the "Code of the Village of Clayton," 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 in § 1-12.
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 Village Clerk of the Village of Clayton 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 Village Clerk of the Village of Clayton by impressing thereon the Seal of the Village of Clayton, 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, ordinances and resolutions known collectively as the "Code of the Village of Clayton," or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Board of Trustees 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 Board of Trustees deems desirable.
It shall be the duty of the Village Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Clayton 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 Board of Trustees subsequent to the enactment of this local law in such form as to indicate the intention of said Board of Trustees to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or local laws or resolutions until such changes or 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 may be purchased from the Clerk of the Village of Clayton upon the payment of a fee to be set by resolution of the Board of Trustees, which Board may also arrange by resolution for procedures for the periodic supplementation thereof.
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Clayton or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Clayton 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 to imprisonment for a term of not more than 15 days, or to both.
A. 
In compiling and preparing the legislation for adoption and revision as part of the Code pursuant to § 20 of the Municipal Home Rule Law, as amended, certain grammatical changes and other minor changes were made in one or more pieces of said legislation. It is the intention of the Board of Trustees of the Village of Clayton that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such.
B. 
In addition, the following revisions to existing legislation are made herewith and the following new regulations are hereby enacted, to become effective upon the effective date of this local law. The section number references are to the legislation as it has been renumbered and appears in the Code.[1]
[1]
Editor's Note: Pursuant to § 1-12B, the following sections have been added or amended: Ch. 23, Ch. 34, §§ 46-7B, 46-8, 54-3B, 58-1, 58-3, 60-2, 60-3A, 60-9, 60-12, Ch. 72, Ch. 92, §§ 100-5, 100-11, 100-14, 100-27, 100-28, 100-32, 100-33, 100-37, 100-39, 100-41, Art. VIII of Ch. 100, §§ 102-1, 102-7, Art. I of Ch. 110, §§ 110-17, 110-27, Art. VI of Ch. 110, Art. I of Ch. 114, §§ 128-7, 132-4, 132-31, 132-39B. 132-58C(1) and 132-82B. The following original sections were deleted: original Section 5 of an ordinance adopted 7-15-1968, original Article V of L.L. No. 1-1975, original Section V(4) of L.L. No. 2-1981, original Section 2 of an ordinance adopted 9-19-1949, original Section 1 of Article V of an ordinance adopted 10-1-1973, original Sections 1 and 2 of L.L. No. 5-1977, original sections entitled "nonconforming signs" which immediately followed §§ 132-43B and 132-48, the original sentence which preceded § 132-59 and the definition of "nonconforming" in § 132-82B.
The provisions of this local law are hereby made Chapter 1 of the Code of the Village of Clayton, to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-14, inclusive.
This local law shall take effect in accordance with law upon filing with the Secretary of State of the State of New York.