[HISTORY: Adopted by the Board of Trustees of the Town of Schaghticoke: Art. I, 11-9-1988 as L.L. No. 1-1988. Amendments noted where applicable.]
[Adopted 11-9-1988 by L.L. No. 1-1988]
It is the intent of this local law to establish a codification of local laws, ordinances and certain resolutions of the Town of Schaghticoke for the purpose of increasing the effectiveness of town governmental administration, providing for greater public awareness of and access to town legislation and protecting the health, safety and welfare of town inhabitants. The local laws, ordinances and resolutions of the Town of Schaghticoke referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Schaghticoke," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
Section numbers with asterisks in the second column have not been repeated in the first column because they are section numbers which relate to titles, effective dates or severability clauses, which sections are not pertinent to the codification. For severability, refer to § 1-13 hereof.
Derivation Table
New Number
(chapter, title, Article, section)
Old Number
(source)
Adoption or Amendment Date
Chapter 7, Conservation Advisory Council
Resolution
4-14-1975
§ 7-1
Section 1
§ 7-2
Section 2
§ 7-3
Section 3
§ 7-4
Section 4
§ 7-5
Section 5
§ 7-6
Section 6
Section 7*
Chapter 13, Defense and Indemnification of Officers and Employees
L.L. No. 1-1985
10-9-1985
§ 12-1
Section 1
§ 12-2
Section 2
Section 3*
Section 4*
Chapter 17, Ethics, Code of
Resolution
12-14-1970
Article I
Article I
§ 17-1
Section 1
§ 17-2
Section 2
Article II
Article II
§ 17-3
Section 1
§ 17-4
Section 2
§ 17-5
Section 3
§ 17-6
Section 4
Article III
Article III
§ 17-7
Section 1
§ 17-8
Section 2
§ 17-9
Section 3
Article IV
Article IV
§ 17-10
Section 1
§ 17-11
Section 2
§ 17-12
Section 3
Article V
Section 1*
Article VI
Section 1*
Chapter 25, Meetings, Notice of
Resolution
2-14-1977
§ 25-1
Section 1
Amended at time of adoption of Code
§ 25-2
Section 2
§ 25-3
Section 3
§ 25-4
Section 4
§ 25-5
Section 5
§ 25-6
Section 6
§ 25-7
Section 7
§ 25-8
Section 8
§ 25-9
Section 9
§ 25-10
Section 10
Section 11*
Section 12*
Chapter 30, Officers and Employees
Article I
L.L. No. 1-1981
11-17-1980
§ 30-1
Section 1
Section 2*
Section 3*
Article II
L.L. No. 1-1986
6-11-1986
§ 30-2
Section 1
§ 30-3
Section 2
Article III
L.L. No. 2-1986
6-11-1986
§ 30-4
Section 1
§ 30-5
Section 2
Article IV
L.L. No. 3-1986
6-11-1986
§ 30-6
Section 1
§ 30-7
Section 2
Article V
Ordinance
10-8-1986
§ 30-8
1
§ 30-9
2
3*
4*
Chapter 33, Ordinances, Adoption of
L.L. No. 1-1977
6-13-1977
§ 33-1
Section 1
§ 33-2
Section 2
§ 33-3
Section 3
Chapter 43, Zoning Commission
Resolution
10-8-1986; amended in its entirety at time of adoption of Code
§ 43-1
Unnumbered
Chapter 48, Alcoholic Beverages
L.L. No. 1-1978
6-22-1978
§ 48-1
Section 1
§ 48-2
Section 2
§ 48-3
Section 3
Amended at time of adoption of Code
§ 48-4
Section 4
Amended at time of adoption of Code
§ 48-5
Section 5
§ 48-6
Section 6
§ 48-7
Section 7
Amended at time of adoption of Code
Section 8*
Section 9*
Chapter 52, Bingo
L.L. No. 2-1974
9-9-1974
§ 52-1
Section 1
§ 52-2
Section 2
§ 52-3
Section 3
§ 52-4
Section 4
§ 52-5
Section 5
§ 52-6
Section 6
Section 7*
Chapter 57, Dogs
Article I
Ordinance
6-9-1975
§ 57-1
Section 1
§ 57-2
Section 2
§ 57-3
Section 3
§ 57-4
Section 4
§ 57-5
Section 5
Amended at time of adoption of Code
§ 57-6
Section 6
Amended at time of adoption of Code
§ 57-7
Section 7
Amended at time of adoption of Code
§ 57-8
Section 8
§ 57-9
Section 9
Amended at time of adoption of Code
§ 57-10
Section 10
Amended at time of adoption of Code
Section 11*
Section 12*
Article II
Ordinance
9-22-1980
§ 57-11
Section 1
§ 57-12
Section 2
Amended 6-11-1986
§ 57-13
Section 2
Amended 6-11-1986
Section 3*
Chapter 61, Environmental Quality Review
L.L. No. 1-1979
7-9-1979
§ 61-1
Section 1
§ 61-2
Section 2
§ 61-3
Section 3
§ 61-4
Section 4
Chapter 66, Fire Prevention and Building Code Administration
Adopted at time of adoption of Code
§§ 66-1 through 66-18
Chapter 69, Flood Damage Prevention
L.L. No. 1-1987
6-10-1987
Article I
Section 1.0
§ 69-1
1.1
§ 69-2
1.2
§ 69-3
1.3
Article II
Section 2.0
§ 69-4
Unnumbered
Article III
Section 3
§ 69-5
3.1
§ 69-6
3.2
Amended at time of adoption of Code
§ 69-7
3.3
3.4*
§ 69-8
3.5
§ 69-9
3.6
Article IV
Section 4.0
§ 69-10
4.1
§ 69-11
4.2
§ 69-12
4.3
Amended at time of adoption of Code
Article V
Section 5.0
§ 69-13
5.1
§ 69-14
5.2
§ 69-15
5.3
Article VI
Section 6.0
§ 69-16
6.1
§ 69-17
6.2
Chapter 72, Freshwater Wetlands
Ordinance
8-30-1976
§ 72-1
Section 1
§ 72-2
Section 2
Chapter 78, Junkyards
Ordinance
7-11-1984
§ 78-1
Section 1
§ 78-2
Section 2
§ 78-3
Section 3
§ 78-4
Section 4
§ 78-5
Section 5
Amended at time of adoption of Code
§ 78-6
Section 6
Amended at time of adoption of Code
§ 78-7
Section 7
Amended at time of adoption of Code
Section 8*
Section 9*
Section 10*
Chapter 82, Landfills
Ordinance
3-5-1962
§ 82-1
Section 1
§ 82-2
Section 2
§ 82-3
Section 3
§ 82-4
Section 3(a)
Added 7-8-1987
§ 82-5
Section 4
Amended 2-10-1982
§ 82-6
Section 5
Amended 2-10-1982
Section 6*
§ 82-7
Section 7
Amended 2-10-1982; 7-8-1987
Section 8*
Section 9*
Chapter 86, Mass Gatherings
L.L. No. 3-1980
11-17-1980
§ 86-1
Section 1
§ 86-2
Section 2
§ 86-3
Section 3
Amended at time of adoption of Code
§ 86-4
Section 4
§ 86-5
Section 5
§ 86-6
Section 6
§ 86-7
Section 7
§ 86-8
Section 8
Section 9*
Chapter 89, Mobile Homes
L.L. No. 1-1974
4-22-1974
§ 89-1
Section 1.1
§ 89-2
Section 2.1
§ 89-3
Section 3.1
Amended at time of adoption of Code
§ 89-4
Section 4.1
§ 89-5
Section 5.1
§ 89-6
Section 6.1
§ 89-7
Section 7.1
§ 89-8
Section 8.1
Amended 8-4-1982 by L.L. No. 1-1982; 7-8-1987 by L.L. No. 2-1987
§ 89-9
Section 9.1
§ 89-10
Section 10.1
§ 89-11
Section 11.1
Amended at time of adoption of Code
§ 89-12
Section 12.1
Section 13.1*
Section 14.1*
Chapter 94, Notification of Defects
L.L. No. 1-1975
7-14-1975
§ 94-1
Section 1
§ 94-2
Section 2
§ 94-3
Section 3
§ 94-4
Section 4
§ 94-5
Section 5
Amended at time of adoption of Code
Section 6*
Chapter 100, Records, Public Access to
Resolution
3-13-1978
§ 100-1
1
§ 100-2
2
§ 100-3
3
§ 100-4
4
§ 100-5
5
Amended at time of adoption of Code
§ 100-6
6
§ 100-7
7
Amended at time of adoption of Code
§ 100-8
8
§ 100-9
9
§ 100-10
10
11*
Chapter 105, Sewers
Part 1
L.L. No. 2-1984
7-11-1984
Article I
Article I
§ 105-1
Unnumbered
Article II
Article II
§ 105-2
Secs. 1 through 36
Article III
Article III
§ 105-3
Sec. 1
§ 105-4
Sec. 2
§ 105-5
Sec. 3
§ 105-6
Sec. 4
Article IV
Article IV
§ 105-7
Sec. 1
§ 105-8
Sec. 2
§ 105-9
Sec. 3
§ 105-10
Sec. 4
§ 105-11
Sec. 5
§ 105-12
Sec. 6
§ 105-13
Sec. 7
Article V
Article V
§ 105-14
Sec. 1
§ 105-15
Sec. 2
§ 105-16
Sec. 3
§ 105-17
Sec. 4
§ 105-18
Sec. 5
§ 105-19
Sec. 6
§ 105-20
Sec. 7
§ 105-21
Sec. 8
§ 105-22
Sec. 9
§ 105-23
Sec. 10
§ 105-24
Sec. 11
§ 105-25
Sec. 12
§ 105-26
Sec. 13
Article VI
Article VI
§ 105-27
Sec. 1
§ 105-28
Sec. 2
§ 105-29
Sec. 3
§ 105-30
Sec. 4
§ 105-31
Sec. 5
§ 105-32
Sec. 6
§ 105-33
Sec. 7
§ 105-34
Sec. 8
§ 105-35
Sec. 9
§ 105-36
Sec. 10
§ 105-37
Sec. 11
§ 105-38
Sec. 12
§ 105-39
Sec. 13
§ 105-40
Sec. 14
§ 105-41
Sec. 15
§ 105-42
Sec. 16
Amended at time of adoption of Code
§ 105-43
Sec. 17
§ 105-44
Sec. 18
§ 105-45
Sec. 19
§ 105-46
Sec. 20
§ 105-47
Sec. 21
§ 105-48
Sec. 22
§ 105-49
Sec. 23
§ 105-50
Sec. 24
§ 105-51
Sec. 25
Article VII
Article VII
§ 105-52
Sec. 1
Amended at time of adoption of Code
§ 105-53
Sec. 2
§ 105-54
Sec. 3
§ 105-55
Sec. 4
§ 105-56
Sec. 5
§ 105-57
Sec. 6
Article VIII
Article VIII
§ 105-58
Sec. 1
§ 105-59
Sec. 2
§ 105-60
Sec. 3
§ 105-61
Sec. 3
§ 105-62
Sec. 4
Article IX
Article IX
§ 105-63
Sec. 1
§ 105-64
Sec. 2
§ 105-65
Sec. 3
§ 105-66
Sec. 4
§ 105-67
Sec. 5
§ 105-68
Sec. 6
Article X
Article X
§ 105-69
Sec. 1
Article XI
Article XI
§ 105-70
Sec. 1
Article XII
Article XII
§ 105-71
Sec. 1
Article XIII
Article XIII
§ 105-72
Sec. 1
Article XIV
Article XIV
§ 105-73
Unnumbered
Article XV
Sec. 1*
Article XVI*
Article XVII*
Part 2
L.L. No. 3-1984
7-11-1984
Article XV
Article 1
§ 105-74
Secs. A and B
Article XVI
Article 2
§ 105-75
Secs. 1 through 38
Article XVII
§ 105-76
Article 3
§ 105-77
Article 4
§ 105-78
Article 5
§ 105-79
Article 6
§ 105-80
Article 7
§ 105-81
Article 8
§ 105-82
Article 9
§ 105-83
Article 10
Article XVIII
§ 105-84
Article 11
§ 105-85
Article 12
Article XIX
Article 13
§ 105-86
Article 14*
Article 15*
Chapter 108, Subdivision of Land
8-18-1975
Article I
Article I
§ 108-1
Unnumbered
Article II
Article II
§ 108-2
Unnumbered
§ 108-3
Section 1
§ 108-4
Section 2
Amended 4-13-1988
§ 108-5
Section 3
§ 108-6
Section 4
§ 108-7
Section 5
§ 108-8
Section 6
Article III
Article III
§ 108-9
Unnumbered
§ 108-10
Section 1
§ 108-11
Section 2
§ 108-12
Section 3
§ 108-13
Section 4
Amended 4-8-1987
§ 108-14
Section 5
§ 108-15
Section 6
Article IV
Article IV
§ 108-16
Section 1
Amended 4-8-1987
§ 108-17
Section 2
Article V
Article V
§ 108-18
Unnumbered
Article VI
Article VI
§ 108-19
Section 1
§ 108-20
Section 2
Article VII*
Chapter 112, Taxation
Article I
Resolution
11-10-1982
§ 112-1
1
Amended 1-11-1984
2*
3*
Article II
Resolution
12-10-1986
§ 112-2
1
2*
The local laws and ordinances of a general and permanent nature enacted or adopted by the Town Board of the Town of Schaghticoke and not included in the Code of the Town of Schaghticoke and in force on the date of the adoption of this local law are hereby repealed as of the effective date of this local law, except as hereinafter provided.
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, resolutions, 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 Schaghticoke 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 Schaghticoke, 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 and brought pursuant to any legislative provision of the Town of Schaghticoke.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Schaghticoke.
E. 
Any local law, ordinance or resolution of the Town of Schaghticoke providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Schaghticoke or any portion thereof.
F. 
Any ordinance or resolution of the Town of Schaghticoke 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 Schaghticoke or other instruments or evidence of the town's indebtedness.
G. 
Local laws, ordinances or resolutions 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, ordinances or resolutions relating to salaries.
K. 
Any local laws or ordinances adopted subsequent to July 8, 1987.
In compiling and preparing the local laws, ordinances and resolutions of the town for publication as the Code of the Town of Schaghticoke, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.
A copy of the Code of the Town of Schaghticoke, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Schaghticoke 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 by impressing thereon the Seal of the Town of Schaghticoke, 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.
A. 
In compiling and preparing the local laws, ordinances and resolutions for adoption and revision as part of the Code pursuant to the Municipal Home Rule Law § 20, Subdivision 3, certain grammatical changes and other minor changes were made in one or more of the local laws, ordinances or resolutions. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the provisions so changed had been previously formally amended to read as such.
B. 
In addition, certain changes, amendments and additions are enacted herewith, to become effective upon the effective date of this local law (chapter and section number references are to these materials as they are numbered and appear in the Code).[1]
[1]
Editor's Note: In accordance with § 1-7B, the following sections have been added or amended: §§ 7-3, 25-1, 25-4, Ch. 43, §§ 48-3, 48-4, 48-7, 57-5, 57-6, 57-7, 57-9, 57-10, Ch. 66, §§ 69-6, 69-12A(4), 78-5A, 78-6C and K, 78-7B, 86-3F, 89-3, 89-11, 94-5, 100-5D, 100-7F and G, 105-42 and 105-52. A complete description of each change or addition is included in L.L. No. 1-1988, a copy of which is on file in the office of the Town Clerk.
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 Schaghticoke," 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 of the Town of Schaghticoke shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the Town of Schaghticoke 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.
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 Schaghticoke 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 or local laws, ordinances or resolutions until such changes or 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 book containing the Code of the Town of Schaghticoke may be purchased from the Town Clerk upon the payment of a fee to be set by resolution of the Town Board, which 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 Schaghticoke or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Schaghticoke 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.
Any person committing an offense against any chapter or Article of this Code for which a different penalty is not specifically provided shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable for each offense by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day that an offense continues shall constitute a separate violation.
If any clause, sentence, paragraph, section, Article or part of this local law or of any local law or ordinance cited in the table in § 1-2 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.
The provisions of this local law are hereby made Chapter 1 of the Code of the Town of Schaghticoke, to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-15, inclusive.
This local law and the Code of the Town of Schaghticoke adopted hereby shall take effect immediately upon the filing with the Secretary of State of the State of New York of a copy of this local law.