[HISTORY: Adopted by the Town Board of the Town of Avon as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-19-1976 by Ord.
No. 76-1 as §§ 1.2, 1.3 and 1.10 of the 1976 Municipal Code]
When used in this Code, unless otherwise expressly stated or unless
the context or subject matter otherwise requires, the following terms shall
have the meanings indicated:
The Assessor of the Town of Avon in the County of Livingston and
State of New York.
The Town Attorney of the Town of Avon in the County of Livingston
and State of New York or an attorney retained by the Town Board to render
legal advice and assistance.
The Board of Appeals of the Town of Avon in the County of Livingston
and State of New York.
The Town Board of the Town of Avon in the County of Livingston and
State of New York.[1]
An employee appointed by the Town Board to assist the Code Enforcement
Officer in the performance of his duties.
Amended 9-8-2005 by L.L. No. 3-2005]
The Town Clerk of the Town of Avon in the County of Livingston and
State of New York.
Unless otherwise specifically qualified or the intention is obviously
otherwise, the Code of the Town of Avon.
The officer or employee designated by the Town Board to enforce the
zoning provisions of Avon Town Code as well as the related applicable provisions
of the New York State Code of Rules and Regulations and New York State Building
Code.
[Added 9-8-2005 by L.L. No. 3-2005]
A Constable of the Town of Avon in the County of Livingston and State
of New York.
A Councilman of the Town of Avon in the County of Livingston and
State of New York.
The County of Livingston in the State of New York.
The County Clerk of the County of Livingston in the State of New
York.
The officer or employee designated by appropriate authority to be
in charge of and responsible for the enforcement of the provisions of a local
law, ordinance or parts thereof, for which he is so designated.
Any of the Fire Chiefs of any volunteer fire company which has contracted
with the Town to render service in any fire district or area of the Town of
Avon in the County of Livingston and State of New York.
Any of the volunteer fire companies under contract to render services
in the Town of Avon in the County of LIvingston and State of New York.
The duly appointed local Health Officer who is authorized to exercise
all the functions and duties of a health officer of the Town of Avon in the
County of Livingston and State of New York.
A Town Justice of the Town of Avon in the County of Livingston and
State of New York.[2]
The Town of Avon in the County of Livingston and State of New York.
A person who has the legal title, alone or with others, or exercises
dominion or control over property, both real and personal.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities capable of being sued.
The Planning Board of the Town of Avon in the County of Livingston
and State of New York.
The Sealer of Weights and Measures of the County of Livingston in
the State of New York.
The State of New York.
The Superintendent of Highways of the Town of Avon in the County
of Livingston and State of New York.
The officer or employee designated by the Town Board to supervise
and be responsible for the operation of any water district now or hereafter
formed in the Town Avon in the County of Livingston and State of New York.
The Supervisor of the Town of Avon in the County of Livingston and
State of New York.
The Tax Collector of the Town of Avon in the County of Livingston
and State of New York.
A person occupying real property under an oral or written lease or
who is in possession of real property under the actual or tacit consent of
the owner. Whenever a person not the owner occupies real property, it shall
be presumed that he occupies the same as a tenant.
The Town Board of the Town of Avon in the County of Livingston and
State of New York.
The Town Clerk of the Town of Avon in the County of Livingston and
State of New York.
A Town Justice of the Town of Avon in the County of Livingston and
State of New York.
The Town of Avon in the County of Livingston and State of New York.
[1]
Editor's Note: The definition of “Building and Zoning Officer,”
as amended, which immediately followed this definition, was repealed 9-8-2005
by L. L. No. 3-2005. See now “Code Enforcement Officer.”
[2]
Editor's Note: The definition of "Municipal Code," which immediately
followed this definition, was deleted 3-11-1993 by L.L. No. 1-1993.
A.
All other words in this Code and not otherwise specifically
defined shall be construed in the manner that they are normally used unless
the context or subject matter requires otherwise; but words that have acquired
a technical meaning in law and are so used shall be construed and understood
in accordance with such meaning.
B.
Words used in the present tense include the future tense.
C.
The singular number includes the plural.
D.
A word importing the masculine gender only shall also
be construed to include females, corporations, partnerships, associations,
joint-stock companies, societies and all other entities capable of being sued.
A.
Unless otherwise specifically provided, the violation
of any ordinance, rule or regulation or any specific provision or provisions
thereof adopted by the Town Board as a part of this Code shall be deemed an
offense against such ordinance, rule, regulation or provision thereof, punishable
by a fine not to exceed $250 or imprisonment of not more than 15 days, or
both such fine and imprisonment.
[Amended 9-8-2005 by L.L. No. 3-2005]
B.
Each day any such violation shall continue shall constitute
a separate offense.
[Adopted 3-11-1993 by L.L.
No. 1-1993]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Avon, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 130, together with an Appendix, shall be known collectively as the "Code of the Town of Avon," 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 Avon 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 article, 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 Avon, 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 § 1-6 below.
All local laws and ordinances of a general and permanent nature of the
Town of Avon in force on the date of the adoption of this article 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 article.
The repeal of local laws and ordinances provided for in § 1-6 of this article 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 Avon prior to the effective
date of this article 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 article in violation of any legislative provision of the Town
of Avon 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 article
brought pursuant to any legislative provision of the Town of Avon.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Avon.
E.
Any local law or ordinance of the Town of Avon 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 Avon or any portion thereof.
F.
Any local law or ordinance of the Town of Avon 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 Avon 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 annexation or dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any legislation adopted subsequent to September 10, 1992.
M.
Legislation dealing with fire prevention and building
construction.
N.
Legislation dealing with vehicles and traffic.
O.
Legislation dealing with housing standards.
If any clause, sentence, paragraph, section, article, chapter or part
of this article 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 Avon and shall remain there for use and examination
by the public until final action is taken on this article; and, if this article
shall be adopted, such copy shall be certified by the Town Clerk of the Town
of Avon 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 article, 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 Avon" 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 article 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 Avon 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 article 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 Avon 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 Avon or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the Town of Avon to be misrepresented
thereby or who violates any other provision of this article 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 Avon, 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 amendments and/or additions
are made herewith, to become effective upon the effective date of this article.
(Chapter and section number references are to the local laws, ordinances and
resolutions as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: Pursuant to § 1-14B, the following sections and chapters were added or amended: §§ 1-1A, 13-5B, Ch. 29, §§ 51-1, 51-2A, 79-5, 85-14B, 91-17, 101-1, 101-2, 101-3, 101-4A, 109-2, 117-2, 117-3A, 117-4A and B, 117-6G, 117-9A, 121-2, 121-6, A137-5, A138-1A, A138-3, A138-4, A138-6 and A138-11. In addition, certain nomenclature changes were made throughout the entire Code. A complete description of each change may be found in L.L. No. 1-1993, on file in the office of the Town Clerk.
This article shall take effect immediately upon filing with the Secretary
of State of the State of New York.
