[Adopted 4-15-2003 by L.L. No. 1-2003]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Town of Binghamton (including the provisions of the 1969 Code), as codified by General Code Publishers Corp., and consisting of Chapters
1 through
240, together with an Appendix, shall be known collectively as the "Code of the Town of Binghamton," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Town of Binghamton" to any other local law or ordinance 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 or ordinance 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 ordinances (including the provisions of the 1969 Code) in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. 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 Binghamton, 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local laws and ordinances (including the provisions of the 1969 Code) as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 Binghamton (including provisions of
the 1969 Code) 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force by reference therein are hereby repealed from and after the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 Binghamton 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 Binghamton 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 Binghamton.
D. Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Town of Binghamton.
E. Any local law or ordinance of the Town of Binghamton
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 Binghamton or any portion
thereof.
F. Any local law or ordinance of the Town of Binghamton
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 Binghamton 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, agreement
or obligation.
H. The levy or imposition of special assessments or charges.
I. The annexation or dedication of property.
J. Any local law or ordinance relating to salaries and
compensation.
K. Any local law or ordinance amending the Zoning Map.
L. Any local law or ordinance relating to or establishing
a pension plan or pension fund for Town employees.
M. Any local law or ordinance or portion of a local law
or ordinance establishing a specific fee amount for any license, permit
or service obtained from the Town.
N. Any local law adopted subsequent to June 12, 2002.
If any clause, sentence, paragraph, section,
article, chapter or part of this local law or of any local law or
ordinance 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 Binghamton
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 Binghamton 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 and ordinances known collectively
as the "Code of the Town of Binghamton" 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 Binghamton 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 and ordinances 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 or ordinances until such changes, local laws or ordinances
are printed as supplements to said Code book, at which time such supplements
shall be inserted therein.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Town Clerk, or an authorized agent
of the Clerk, upon the payment of a fee to be set by resolution of
the Town Board. The Clerk may also arrange for procedures for the
periodic supplementation of the Code.
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 Binghamton or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the Town of Binghamton 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Town of Binghamton, 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.