Town of Oneonta, NY: General Provisions

[Adopted 1-22-1986 by L.L. No. 1-1986]

It is the intent of this local law to establish a codification of local laws, ordinances and certain resolutions of the Town of Oneonta for the purpose of increasing the effectiveness of town governmental administration, providing for greater public awareness of an access to town legislation and protecting the health, safety and welfare of town inhabitants. The local laws, ordinances and resolutions of the Town of Oneonta referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Oneonta," 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.

§ 1-2 Distribution of local laws, ordinances and resolutions.

Derivation Table

(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.)

New Number (chapter, title, Article, section)	Old Number (source)	Adoption or Amendment Date
Ch. 5, Amusements	Ordinance	6-13-1936
§ 5-1	Section 1	Amended at time of adoption of Code
§ 5-2	Section 2
§ 5-3	Section 3
§ 5-4	Section 4	Amended at time of adoption of Code
§ 5-5	Section 5
§ 5-6	Section 6
	Section 7*
	Section 8*
§ 5-7	Section 9	Amended at time of adoption of Code
Ch. 9, Appearance Tickets	L.L. No. 2-1978	12-12-1978
§ 9-1	Section 1
§ 9-2	Section 2
§ 9-3	Section 3
	Section 4*
Ch. 14, Bingo	Ordinance	9-13-1976
§ 14-1	Section 1
§ 14-2	Section 2
§ 14-3	Section 3
§ 14-4	Section 4
§ 14-5	Section 5
§ 14-6	Section 6
	Section 7*
Ch. 18, Buildings, Unsafe	Adopted at time of adoption of Code
§§ 18-1 through 18-12
Ch. 24, Dogs	Ordinance	8-13-1980
§ 24-1	Section 1
§ 24-2	Section 2
§ 24-3	Section 3
§ 24-4	Section 4
§ 24-5	Section 5
§ 24-6	Section 6
§ 24-7	Section 7
§ 24-8	Section 8
§ 24-9	Section 9
§ 24-10	Section 10	Amended 8-8-1984
Ch. 28, Environmental Quality Review	Adopted at time of adoption of Code
Article I
§§ 28-1 through 28-3
Article II
§§ 28-4 and 28-5
Ch. 31, Ethics, Code of	L.L. No. 1-1970	7-2-1970
Article I	Article I
§ 31-1	Section 1
§ 31-2	Section 2
Article II	Article II
§ 31-3	Section 1
§ 31-4	Section 2
§ 31-5	Section 3
§ 31-6	Section 4
Article III	Article III
§ 31-7	Section 1
§ 31-8	Section 2
Article IV	Article IV
§ 31-9	Section 1
§ 31-10	Section 2
§ 31-11	Section 3
	Article V
	Section 1*
	Article VI
	Section 1*
Ch. 35, Fee Schedule Authorization		Adopted at time of adoption of Code
§§ 35-1 and 35-2
Ch. 39, Freshwater Wetlands	Ordinance	8-24-1976
§ 39-1	Section 1
§ 39-2	Section 2
Ch. 43, Garbage, Rubbish and Refuse	Ordinance	12-30-1943
§ 43-1	Section 1
§ 43-2	Section 2
§ 43-3	Section 3
§ 43-4	Section 4	Amended at time of adoption of Code
§ 43-5	Section 5
§ 43-6	Section 6	Amended at time of adoption of Code
	Section 7*
	Section 8*
Ch. 50, Junkyards	Ordinance	6-1-1967
	Article I
	Section I*
Article I	Article II
§ 50-1	Unnumbered
Article II	Article III
§ 50-2	Unnumbered
	Article IV
§ 50-3	Section I
§ 50-4	Section II
§ 50-5	Section III
§ 50-6	Section IV
§ 50-7	Section V
§ 50-8	Section VI
§ 50-9	Section VII	Amended at time of adoption of Code
Article III	Article V
§ 50-10	Unnumbered paragraph
§ 50-11	Unnumbered paragraph
Article IV	Article VI
§ 50-12	Unnumbered
	Article VII
§ 50-13	Unnumbered
Article V	Article VIII
§ 50-14	Unnumbered	Amended at time of adoption of Code
	Article IX
	Unnumbered*
	Article X
	Unnumbered*
	Article XI
	Unnumbered*
Ch. 55, Mining	Ordinance	3-12-1973
Article I
§ 55-1	Section 1
§ 55-2	Section 2
§ 55-3	Section 3
§ 55-4	Section 4
Article II	Section 5
§ 55-5	5.01	Amended at time of adoption of Code
§ 55-6	5.02
§ 55-7	5.03
§ 55-8	5.04
§ 55-9	5.05
§ 55-10	5.06
Article III
§ 55-11	Section 6
§ 55-12	Section 7	Amended at time of adoption of Code
§ 55-13	Section 8
§ 55-14	Section 9	Amended at time of adoption of Code
§ 55-15	Section 10
§ 55-16	Section 11
	Section 12*
	Section 13*
Ch. 58, Mobile Homes and Trailers	Ordinance	2-3-1972
§ 58-1	Section 1.1
§ 58-2	Section 2.1
§ 58-3	Section 3.1	Amended 5-14-1974; 8-9-1977
§ 58-4	Section 4.1
§ 58-5	Section 4.2
§ 58-6	Section 4.3
§ 58-7	Section 4.4
§ 58-8	Section 4.5	Amended at time of adoption of Code
§ 58-9	Section 4.6
§ 58-10	Section 5.1
§ 58-11	Section 6.1
§ 58-12	Section 7.1	Amended 7-10-1985
§ 58-13	Section 8.1
§ 58-14	Section 9.1
§ 58-15	Section 10.1	Amended at time of adoption of Code
§ 58-16	Section 11.1
	Section 12.1*
	Section 13.1*
§ 58-17	Section 14.1	Added 5-4-1972
Ch. 64, Peddling and Soliciting	Ordinance	4-1-1971
§ 64-1	Section 1
§ 64-2	Section 2
§ 64-3	Section 3
§ 64-4	Section 4	Amended at time of adoption of Code
§ 64-5	Section 5	Amended at time of adoption of Code
§ 64-6	Section 6
§ 64-7	Section 7
§ 64-8	Section 8
§ 64-9	Section 9
§ 64-10	Section 10
	Section 11*
	Section 12*
§ 64-11	Section 13	Amended at time of adoption of Code
§ 64-12		Added at time of adoption of Code
Ch. 69, Records, Public Access to	Resolution	1-14-1975
§ 69-1	Unnumbered
Ch. 73, Sewers
Part 1	Ordinance	6-12-1979
Article I	Article I
§ 73-1	Unnumbered
Article II	Article II
§ 73-2	1
§ 73-3	2
§ 73-4	3
§ 73-5	4
Article III	Article III
§ 73-6	1
§ 73-7	2	Amended at time of adoption of Code
§ 73-8	3
§ 73-9	4
§ 73-10	5
§ 73-11	6
§ 73-12	7
Article IV	Article IV
§ 73-13	1
§ 73-14	2	Amended at time of adoption of Code
§ 73-15	3
§ 73-16	4
§ 73-17	5
§ 73-18	6
§ 73-19	7
§ 73-20	8
§ 73-21	9
§ 73-22	10
§ 73-23	11
Article V	Article V
§ 73-24	1
§ 73-25	2
§ 73-26	3
§ 73-27	4
§ 73-28	5
§ 73-29	6
§ 73-30	7
§ 73-31	8
§ 73-32	9
§ 73-33	10
§ 73-34	11
Article VI	Article VI
§ 73-35	1
Article VII	Article VII
§ 73-36	1
§ 73-37	2
§ 73-38	3
Article VIII	Article VIII
§ 73-39	1
§ 73-40	2	Amended at time of adoption of Code
§ 73-41	3
§ 73-42	4	Amended at time of adoption of Code
Article IX	Article IX
§ 73-43	1
Article X	Article X
	1*
	2*
§ 73-44	3
§ 73-45	4
§ 73-46	5	Added 11-12-1980
Part 2	Ordinance	3-26-1980
Article XI
	1*
§ 73-47	2
§ 73-48	3
§ 73-49	4	Amended 7-10-1985
§ 73-50	5
§ 73-51	6
§ 73-52	7
	8*
Ch. 76, Signs	Ordinance	10-14-1975
§ 76-1	Section 1
	Section 2*
§ 76-2	Section 3
§ 76-3	Section 4	Amended at time of adoption of Code
§ 76-4	Section 5
§ 76-5	Section 6
§ 76-6	Section 7
§ 76-7	Section 8	Amended at time of adoption of Code
	Section 9*
	Section 10*
Ch. 79, Slaughterhouses	Ordinance	12-30-1943
§ 79-1	Section 1	Amended at time of adoption of Code
§ 79-2	Section 2	Amended at time of adoption of Code
§ 79-3	Section 3	Amended at time of adoption of Code
§ 79-4	Section 4	Amended at time of adoption of Code
§ 79-5	Section 5
§ 79-6	Section 6	Amended at time of adoption of Code
§ 79-7	Section 7	Amended at time of adoption of Code
	Section 8*
	Section 9*
Ch. 85, Streets and Sidewalks
Article I	Ordinance	5-6-1971
§ 85-1	Section 1
§ 85-2	Section 2
§ 85-3	Section 3
§ 85-4	Section 4
§ 85-5	Section 5	Amended 8-12-1981
§ 85-6	Section 6
§ 85-7	Section 7
§ 85-8	Section 8
§ 85-9	Section 9
§ 85-10	Section 10
§ 85-11	Section 11
§ 85-12	Section 12
§ 85-13	Section 13
§ 85-14	Section 14
§ 85-15	Section 15	Amended at time of adoption of Code
	Section 16*
	Section 17*
Ch. 88, Subdivision of Land	Resolution	1-14-1974
Article I
§ 88-1	Section 1
§ 88-2	Section 2	Amended 5-14-1974
Article II
§ 88-3	Section 3
§ 88-4	Section 4
§ 88-5	Section 4.1
Article III
§ 88-6	Section 5	Amended 5-14-1974
§ 88-7	5.1
§ 88-8	5.2
§ 88-9	5.3	Amended 10-10-1984; 1-9-1985
§ 88-10	5.4
§ 88-11	6.1
§ 88-12	6.2
Article IV
§ 88-13	Section 7	Amended 5-14-1974
§ 88-14	7.1
§ 88-15	8.1
§ 88-16	8.2
§ 88-17	8.3
Article V	Section 9
§ 88-18	9.1
§ 88-19	9.2	Amended 5-14-1974
Article VI
§ 88-20	Section 10
§ 88-21	Section 11
Article VII
§ 88-22	Section 12	Amended 7-10-1979
Article VIII
§ 88-23	Section 13
§ 88-24	Section 14
§ 88-25	Section 15
Article IX
§ 88-26	Section 16	Amended at time of adoption of Code
§ 88-27	Section 17	Amended 11-15-1977; 1-9-1985; at time of adoption of Code
Article X	Appendix 1
§ 88-28	A
§ 88-29	B
§ 88-30	C
§ 88-31	D
Ch. 92, Taxation
Article I	L.L. No. 1-1977	4-12-1977
	Article I
	Section 1.1*
	Section 1.2*
§ 92-1	Section 1.2
	(Duplicate number)
	Article II
§ 92-2	Section 2.1
	Article III
	Section 3.1*
	Article IV
	Section 4.1*
Article II	L.L. No. 1-1978	1-10-1978
§ 92-3	Section 1
§ 92-4	Section 2
§ 92-5	Section 3
§ 92-6	Section 4
§ 92-7	Section 5
	Section 6*
Article III	L.L. No. 1-1983	12-14-1983
§ 92-8	1
§ 92-9	2
§ 92-10	3
§ 92-11	4
Article IV	Resolution	7-6-1967; last amended 12-14-1983
Ch. 97, Vehicles and Traffic
Article I	Ordinance	12-3-1970
§ 97-1	Section 1
§ 97-2	Section 2
§ 97-3	Section 3	Amended at time of adoption of Code
§ 97-4	Section 4
§ 97-5	Section 5
	Section 6*
Article II	Ordinance	9-12-1978
	1*
§ 97-6	2
§ 97-7	Unnumbered	Added 5-11-1983
§ 97-8	3
§ 97-9	4
	5*
	6*
Article III	Ordinance	10-12-1976
§ 97-10	Section 1
	Section 2*
§ 97-11	Section 3
§ 97-12	Section 4
§ 97-13	Section 5
§ 97-14	Section 6
§ 97-15	Section 7
§ 97-16	Section 7
	(Duplicate number)
	Section 8*
	Section 9*
Article IV	Resolution	9-13-1976; amended at time of adoption of Code
§ 97-17	Unnumbered
Ch. 103, Zoning	Ordinance	10-1-1966; amended in its entirety 10-10-1974
	Article I
§ 103-1	Section 1
	Section 2*
§ 103-2	Section 3
§ 103-3	Section 4
Article II	Section 5
§ 103-4	5.01	Amended at time of adoption of Code
§ 103-5	5.02
§ 103-6	5.03
§ 103-7	5.04
§ 103-8	5.05
§ 103-9	Section 6
§ 103-10	Section 7
Article III	Section 8
§ 103-11	8.01
§ 103-12	8.02
§ 103-13	8.03	Amended 9-14-1983; at time of adoption of Code
§ 103-14	8.04
Article IV	Section 9	Amended 3-11-1981
§ 103-15	9.01
§ 103-16	9.02
§ 103-17	9.03	Amended 9-14-1983; at time of adoption of Code
§ 103-18	9.04	Amended 9-14-1983
Article V	Section 10
§ 103-19	10.01
§ 103-20	10.02
§ 103-21	10.03	Amended at time of adoption of Code
§ 103-22	10.04	Amended 9-14-1983; 6-12-1985
Article VI	Section 11
§ 103-22.1	11.01
§ 103-23	11.02
§ 103-24	11.03	Amended 9-14-1983; at time of adoption of Code
§ 103-25	11.04	Amended 9-14-1983
Article VII	Section 12
§ 103-26	12.01
§ 103-27	12.02	Amended at time of adoption of Code
§ 103-28	12.03
Article VIII	Section 13
§ 103-29	13.01
§ 103-30	13.02	Amended 9-11-1985; at time of adoption of Code
§ 103-31	13.03
Article IX	Section 14
§ 103-32	14.01
§ 103-33	14.02	Amended at time of adoption of Code
§ 103-34	14.03
Article X	Section 15
§ 103-35	15.01
§ 103-36	15.02	Amended 9-11-1985; at time of adoption of Code
§ 103-37	15.03
Article XI	Section 16
§ 103-38	16.01
§ 103-39	16.02
§ 103-40	16.03
§ 103-41	16.04
§ 103-42	16.05
§ 103-43	16.06
§ 103-44	16.07	Amended at time of adoption of Code
§ 103-45	16.08	Amended at time of adoption of Code
Article XII	Section 17
§ 103-46	17.01
§ 103-47	17.02
§ 103-48	17.03
Article XIII	Section 18
§ 103-49	18.01	Amended 9-14-1983
§ 103-50	18.02	Amended 1-9-1985
§ 103-51	18.03
§ 103-52	18.04
§ 103-53	18.05
§ 103-54	18.06
§ 103-55	18.07
§ 103-56	18.08
Article XIV	Section 19
§ 103-57	19.01
§ 103-58	19.02
§ 103-59	19.03
§ 103-60	19.04
Article XV	Section 20
§ 103-61	20.01
§ 103-62	20.02
§ 103-63	20.03
§ 103-64	20.04
§ 103-65	20.05
§ 103-66	20.06
§ 103-67	20.07	Amended at time of adoption of Code
§ 103-68	20.08
§ 103-69	20.09
§ 103-70	20.10
§ 103-71	20.11
§ 103-72	20.12
Article XVI	Section 21
§ 103-73	21.01
§ 103-74	21.02
§ 103-75	21.03
§ 103-76	21.04
Article XVII	Section 22
§ 103-77	22.01
§ 103-78	22.02
§ 103-79	22.03
§ 103-80	22.04	Amended 2-8-1977; 7-10-1979; at time of adoption of Code
§ 103-81	22.05	Amended at time of adoption of Code
§ 103-82	22.06	Amended at time of adoption of Code
§ 103-83	22.07
Article XVIII	Section 23
§ 103-84	23.01
§ 103-85	23.02
§ 103-86	23.03	Amended 9-14-1983
Article XIX	Section 24
§ 103-87	24.01
§ 103-88	24.02
§ 103-89	24.03	Amended at time of adoption of Code
§ 103-90	24.04
§ 103-91	24.05
§ 103-92	24.06
§ 103-93	24.07
§ 103-94	24.08	Amended at time of adoption of Code
Article XX
§ 103-95	Section 25
	Section 26*
	Section 27*
	Section 28*

§ 1-3 Repeal of local laws and ordinances.

The local laws and ordinances of a general and permanent nature enacted or adopted by the Town Board of the Town of Oneonta and not included in the Code of the Town of Oneonta 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.

§ 1-4 Local laws and ordinances saved from repeal; matters not affected by repeal.

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.

Any right or liability established, accrued or incurred under any legislative provision of the Town of Oneonta prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.

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 Oneonta, or any penalty, punishment or forfeiture which may result therefrom.

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 Oneonta.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Oneonta.

Any local law, ordinance or resolution of the Town of Oneonta 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 Oneonta or any portion thereof.

Any ordinance or resolution of the Town of Oneonta 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 Oneonta or other instruments or evidence of the town's indebtedness.

Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

The levy or imposition of special assessments or charges.

The dedication of property.

Any local laws, ordinances or resolutions relating to salaries.

Any local laws or ordinances adopted subsequent to January 9, 1985.

§ 1-5 Meaning and intent of previously adopted legislation unchanged.

In compiling and preparing the local laws, ordinances and resolutions of the town for publication as the Code of the Town of Oneonta, 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.

§ 1-6 Copy of Code on file.

A copy of the Code of the Town of Oneonta, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Oneonta 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 Oneonta, 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.

§ 1-7 Changes or additions.

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.

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: Pursuant to § 1-7B, the following Code sections were added or amended: §§ 5-1, 5-4, 43-4, 50-9, 50-14, 55-5E, 55-12B, 55-14, 58-8A, 64-4, 64-5A and B, 64-12, 73-7, 73-14, 73-40, 73-42, 76-3C, 79-1, 79-2, 79-3, 79-4, 79-6, 88-26A, 88-27, 97-3, 103-4A(1), 103-13B, 103-17B, 103-21B, 103-24B, 103-27B, 103-30B, 103-33A and B, 103-36A(6) and (7), 103-36B, 103-44B(5) and (6) 103-45B(5) and (6), 103-67, 103-80, 103-81D, 103-82H. 103-89 and 103-94. The following Code chapters were added: Chs. 18, 28 and 35. The following Code Article was amended: Art. IV of Ch. 97. The following Code penalty sections were added or amended: §§ 5-7, 43-6, 58-15, 64-11. 76-7A, 79-7 and 85-15. A complete description of these changes is on file in the office of the Town Clerk.

§ 1-8 Amendments to Code.

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 Oneonta," 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 Oneonta 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 Oneonta 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.

§ 1-9 Code book to be kept up-to-date.

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 Oneonta 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.

§ 1-10 Sale of Code book; supplementation.

Copies of the Code book containing the Code of the Town of Oneonta 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.

§ 1-11 Tampering with 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 Oneonta, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Oneonta 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.

§ 1-12 Penalties for offenses.

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.

§ 1-13 Severability.

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.

§ 1-14 Incorporation of provisions into Code.

The provisions of this local law are hereby made Chapter 1 of the Code of the Town of Oneonta, 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.

§ 1-15 When effective.

This local law and the Code of the Town of Oneonta 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.