[HISTORY: Adopted by the Town Board of the Town of Coxsackie
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-1991 by L.L. No. 4-1991]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions
of the Town of Coxsackie shall be known collectively as the "Code
of the Town of Coxsackie," 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 Coxsackie 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, below, 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 local law 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 Coxsackie, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature
of the Town of Coxsackie 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in force by reference therein are hereby repealed from and after the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 Coxsackie 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 Town of
Coxsackie, 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
Coxsackie.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Coxsackie.
E.
Any
local law or ordinance of the Town of Coxsackie 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 Coxsackie or any portion thereof.
F.
Any
local law or ordinance of the Town of Coxsackie 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
Coxsackie 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
dedication of property.
J.
Any
legislation relating to salaries.
K.
Any
local law or ordinance amending the Zoning Map.
L.
All
legislation regulating traffic.
M.
An
electric franchise granted March 16, 1931.
N.
A
resolution regarding marriage registration adopted June 9, 1981.
O.
Any
legislation adopted subsequent to August 10, 1989.
If any clause, sentence, paragraph, section, Article or part
of this local law 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 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 Coxsackie 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 Town Clerk of the Town of Coxsackie
by impressing thereon the Seal of the Town of Coxsackie, 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 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 Town of Coxsackie," or any new local laws 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 therein, 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 Coxsackie
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 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, local laws
or resolutions until such changes, 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 Town Clerk of the
Town of Coxsackie 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 Coxsackie, or who alters or tampers with such Code
in any manner whatsoever which will cause the legislation of the Town
of Coxsackie 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.
Except where specifically provided elsewhere, any person who
shall commit an offense against any provision of the Code of the Town
of Coxsackie shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Coxsackie, 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 changes, amendments or revisions are made
herewith, to become effective upon the effective date of this local
law. (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 § 1-12B, the following sections or chapters were added or amended Ch. 11, Ch. 21, §§ 30-2, 30-3C, 40-3, 70-16A, Ch. 85, §§ 91-4, 91-6, 91-7, 91-9, 96-4, 96-7, 96-11, 96-20A, 103-12, 103-14, 108-4, 119-2, 119-6A, 119-8B and C, 119-13, 125-6, 125-22, 125-26A, 136-14C, 136-38B, 136-41, 136-42A, 136-43A, 136-44, Ch. 150, §§ 159-7, 159-14, 159-15, 159-16, 163-9, 163-14B, 163-36, 163-46, 174-3, 174-4B, 174-14, 174-30, 174-48, 174-53, 174-77, 201-4E and F, 201-5C, 201-10C and D(3)(h) and (c), 201-11C, 201-12B and C(8)(b) and (c), 201-13B and D, 201-14C, 201-151 and J, 201-17A(2), 201-22A, 201-26D and 201-33.
The following original sections were deleted: the second paragraph of Sec. 9 of L.L. No. 1-1984 (Ch. 103), Sec. 10.42 of L.L. No. 1-1970 (Ch. 136), Sec. 10.53 of L.L. No. 1-1970 (Ch. 136), unnumbered paragraph following Sec. 15-22 of L.L. No. 1-1970 (Ch. 136), Sec. 1 of Art. VI of an ordinance of 7-1-1971 (Ch. 159), definition of "residential lot" or "residential building plot" in Art. II of an ordinance of 3-4-1975 (Ch. 174) and Sec. 6D of Art. IV of an ordinance of 3-4-1975 (Ch. 174).
A complete description of each change may be found in L.L.
No. 4-1991, on file in the office of the Town Clerk.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
