[Adopted 4-5-1988 by L.L. No. 1-1988]
The local laws of the Village of Nissequogue referred to in § 1-2 of this local law shall be known collectively as the "Code of the Village of Nissequogue," hereafter termed the "Code," and the various parts and sections of such local laws shall be distributed and designated as provided and set forth in § 1-2 of this local law.
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Derivation Table
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(Sections providing for severability of provisions, repeal of
conflicting legislation and effective dates which are covered by provisions
of this local law have been omitted from the Code, and such sections
are indicated as "omitted" in the table which follows.)
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New Number
(chapter, title, Article, section)
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Old Number
(source)
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Adoption or Amendment Date
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|---|---|---|
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Ch. 1, General Provisions
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Article II, General Penalty
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§ 1-14
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Adopted at time of adoption of Code
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Ch. 5, Architectural Review Board
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L.L. No. 1-1964
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10-7-1964
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§ 5-1
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Article I
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§ 5-2
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Article II, Section 1
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§ 5-3
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Article II, Section 2
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§ 5-4
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Article II, Section 3
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§ 5-5
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Article II, Section 4
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§ 5-6
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Article III, Section 1
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§ 5-7
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Article III, Section 2
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§ 5-8
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Article III, Section 3
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§ 5-9
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Article III, Section 4
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§ 5-10
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Article III, Section 5
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§ 5-11
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Article IV
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§ 5-12
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Article V Section 1
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Omitted
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Article V Section 2
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Ch. 8, Building Department
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Article I of an ordinance
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3-20-1964
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§ 8-1
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Section 1
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§ 8-2
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Section 2
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§ 8-3
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Section 3
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Ch. 12, Ethics, Code of
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Resolution
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1-21-1971
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§ 12-1
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Section 1, sentences 1 through 3
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§ 12-2
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Section 1, sentence 4
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§ 12-3
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Section 2
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§ 12-4
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Section 3
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§ 12-5
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Section 4
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§ 12-6
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Section 5
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§ 12-7
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Section 6
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Omitted
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Section 7
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Ch. 17, Fire Department of
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Resolution
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3-26-1973
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§ 17-1
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First paragraph, (1) through (5)
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Ch. 23, Planning Board
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Article I, Subdivision Plats
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Resolution
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11-22-1965
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§ 23-1
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First paragraph
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Article II, Payments in Lieu of Parks
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Resolution
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5-23-1967
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§ 23-2
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First paragraph
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§ 23-3
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Second paragraph
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Ch. 32, Village Officials, Residency Requirements
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L.L. No. 3-1986
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7-17-1986
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§ 32-1
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Unnumbered paragraph
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Ch. 38, Alarm Devices
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L.L. No. 4-1986
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10-16-1986
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§ 38-1
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Section 1
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§ 38-2
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Section 2
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§ 38-3
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Section 3A
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§ 38-4
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Section 3B
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§ 38-5
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Section 3C
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§ 38-6
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Section 3D
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§ 38-7
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Section 3E and F
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§ 38-8
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Section 4A
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§ 38-9
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Section 4B
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Omitted
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Section 4C
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§ 38-10
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Section 5
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Ch. 39, Alcoholic Beverages
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L.L. No. 4-1985
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12-19-1985
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§ 39-1
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A
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§ 39-2
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B
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§ 39-3
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C
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§ 39-4
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D
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§ 39-5
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E
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Ch. 40, Antennas
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L.L. No. 1-1985
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3-21-1985
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§ 40-1
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First sentence
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§ 40-2
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Second sentence, (a) through (g)
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§ 40-3
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(h), (i)
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§ 40-4
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Added at time of adoption of Code
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Ch. 45, Assemblies
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L.L. No. 6-1980
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9-18-1980
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§ 45-1
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Article I, unnumbered paragraph
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Amended at time of adoption of Code
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§ 45-2
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Section 1(a)
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§ 45-3
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Section 1(b)
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§ 45-4
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Section 2
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§ 45-5
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Section 3
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§ 45-6
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Section 4
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Amended at time of adoption of Code
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Omitted
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Section 5
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Omitted
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Section 6
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§ 45-7
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Section 7
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Ch. 51, Building Construction and Fire Prevention
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3-20-1964
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Article I
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§ 51-1
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Amended 10-24-1974
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Article II
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Article II
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§ 51-4
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Section 1
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Amended 4-13-1973
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§ 51-5
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Section 2
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§ 51-6
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Section 3
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Amended 4-13-1973
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§ 51-7
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Section 4
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Article III
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Article IV
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§ 51-8
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Section 1
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Amended 4-13-1973
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§ 51-9
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Section 2, first sentence
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§ 51-10
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Section 3, second through fourth sentences
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§ 51-11
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Section 3
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§ 51-12
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Section 4
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Article IV
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Article III
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§ 51-13
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Added at time of adoption of Code
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§ 51-14
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Added at time of adoption of Code
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§ 51-15
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Added at time of adoption of Code
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§ 51-16
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Section 1
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Amended 4-13-1973
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§ 51-17
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Section 2
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§ 51-18
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Section 3
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§ 51-19
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Section 4
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§ 51-20
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Section 5
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§ 51-21
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Section 6
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Article V
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Article V
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§ 51-22
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Section 1
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§ 51-23
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Section 2
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Amended at time of adoption of Code
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§ 51-24
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Section 3
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§ 51-25
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Added at time of adoption of Code
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§ 51-26
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Section 4
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Article VI
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Article VI
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§ 51-27
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Section 1
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§ 51-28
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Section 2
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§ 51-29
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Section 3
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§ 51-30
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Section 4
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§ 51-31
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Section 5
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§ 51-32
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Section 6
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§ 51-33
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Section 7
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§ 51-34
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Added 11-15-1979 by L.L. No. 6-1979
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Article VII
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Article VII
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§ 51-35
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Section 1
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Amended at time of adoption of Code
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Omitted
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Section 2
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Omitted
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Section 3
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Ch. 57, Dogs and Other Animals
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Article I, Dogs
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L.L. No. 1-1979
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3-15-1979
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§ 57-1
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§ 1
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§ 57-2
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§ 2
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§ 57-3
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§ 3
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§ 57-4
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§ 4
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§ 57-5
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§ 5
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§ 57-6
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§ 6
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§ 57-7
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§ 7
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Amended at time of adoption of Code
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Ch. 62, Environmental Quality Review
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L.L. No. 2-1985
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5-16-1985
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§ 62-1
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First prefatory paragraph
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§ 62-2
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Second prefatory paragraph
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§ 62-3
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1
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§ 62-4
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2
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§ 62-5
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3a
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§ 62-6
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3b
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§ 62-7
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4
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§ 62-8
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5
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§ 62-9
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6a
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§ 62-10
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6b
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§ 62-11
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7
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§ 62-12
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8
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§ 62-13
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9a and b
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§ 62-14
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9c and d
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Amended at time of adoption of Code
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§ 62-15
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10, first paragraph
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§ 62-16
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10, second paragraph
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§ 62-17
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11
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§ 62-18
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12
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§ 62-19
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13
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§ 62-20
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14
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§ 62-21
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15
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§ 62-22
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16
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§ 62-23
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17
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§ 62-24
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18
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§ 62-25
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19
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Omitted
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20
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Ch. 66, Excavations
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Ord. No. 8
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6-16-1949
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§ 66-1
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Section 1
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§ 66-2
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Section 2
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Amended 8-7-1961
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§ 66-3
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Section 3
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§ 66-4
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Section 4
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Amended 8-7-1961
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§ 66-5
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Section 5
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§ 66-6
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Section 6
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§ 66-7
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Section 7
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§ 66-8
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Section 8
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§ 66-9
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Section 9
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Amended 8-7-1961; at time of adoption of Code
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Omitted
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Section 10
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Ch. 71, Flood Damage Prevention
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L.L. No. 2-1983
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4-13-1983
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Article I
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§ 71-1
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1.1
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§ 71-2
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1.2
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§ 71-3
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1.3
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§ 71-4
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1.4
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§ 71-5
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Section 2
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§ 71-6
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3.1
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§ 71-7
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3.2
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§ 71-8
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3.3
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§ 71-9
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3.4
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§ 71-10
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3.5
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§ 71-11
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3.6
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Article II
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§ 71-12
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4.1
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§ 71-13
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4.2
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§ 71-14
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4.3
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Article III
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§ 71-15
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4.4-1(1) and (2)
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§ 71-16
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4.4-1(3)
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§ 71-17
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4.4-1(4)
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§ 71-18
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4.4-1(5)
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§ 71-19
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4.4-1(6)
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§ 71-20
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4.4-2
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Article IV
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Section 5
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§ 71-21
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5.1
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§ 71-22
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5.2
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§ 71-23
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5.3
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§ 71-24
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5.4
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Omitted
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Section 6
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Ch. 80, Exterior Lighting
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L.L. No. 1-1986
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1-16-1986
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§ 80-1
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A
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§ 80-2
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B
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§ 80-3
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C
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§ 80-4
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D, E and F
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§ 80-5
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G
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§ 80-6
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H
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Ch. 83, Noise
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L.L. No. 4-1980
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7-7-1980
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§ 83-1
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Section 1
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§ 83-2
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Section 2
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§ 83-3
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Section 3
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§ 83-4
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Section 4
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§ 83-5
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Section 5
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Omitted
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Section 6
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Omitted
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Section 7
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Ch. 90, Peace and Good Order
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Article I, Firearms
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Ord. No. 3
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9-9-1926, amended 6-16-1949
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§ 90-1
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Section 1
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§ 90-2
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Section 2
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Amended at time of adoption of Code
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Article II, Trespassing and Camping
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Ord. No. 4
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8-18-1937
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§ 90-3
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Section 1
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Amended 6-16-1949, 8-17-1961
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§ 90-4
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Section 3, first and second sentences
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Amended 7-27-1945
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§ 90-5
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Section 3, third and fourth sentences
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Amended 7-27-1945
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§ 90-6
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Section 2
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Amended at time of adoption of Code
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Article III, Injuring Public Places
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Ord. No. 6
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6-16-1949
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§ 90-7
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Section 1
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§ 90-8
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Section 2
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Amended at time of adoption of Code
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Article IV, Picnicking and Fires in Public Places
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Ord. No. 7
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6-16-1949
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§ 90-9
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Section 1
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§ 90-10
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Section 2
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§ 90-11
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Section 3
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Amended at time of adoption of Code
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Ch. 101, Subdivision of Land
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11-18-1967
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Article I
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§ 101-1
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Article I, first paragraph
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§ 101-2
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Article I, second paragraph
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§ 101-3
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Article I, third paragraph, first sentence
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Omitted
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Article I, third paragraph, second sentence
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§ 101-4
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Article I, fourth paragraph
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§ 101-5
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Article I, fifth paragraph
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§ 101-6
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Article V
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§ 101-7
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Article II, first unnumbered paragraph
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Amended 1-21-1971, 4-1-1981
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§ 101-8
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Article II, second unnumbered paragraph
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Amended 1-21-1971
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Article II
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Section 21
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§ 101-9
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A
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Amended 1-21-1971
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§ 101-10
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B
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Amended 1-21-1971, 1-11-1976
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§ 101-11
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C
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§ 101-12
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D
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§ 101-13
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E
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§ 101-14
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F
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§ 101-15
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G
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Article III
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Section 23
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§ 101-16
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A
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Amended 1-21-1971, 10-24-1974, 4-1-1981
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§ 101-17
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B
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§ 101-18
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C
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§ 101-19
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D
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§ 101-20
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E
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§ 101-21
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F
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§ 101-22
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G
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Article IV
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Section 24
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§ 101-23
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A(1)
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§ 101-24
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A(2)
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§ 101-25
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A(3)
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§ 101-26
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A(4)
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§ 101-27
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B
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§ 101-28
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C
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§ 101-29
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D
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§ 101-30
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E
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Amended 1-21-1971
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Article V
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Section 25
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Amended 1-21-1971
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§ 101-31
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First two sentences
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§ 101-32
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Third sentence
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Amended 4-1-1981
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Article VI
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Section 26
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Amended 1-21-1971
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§ 101-33
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Unnumbered paragraph
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Article VII
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Section 27
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§ 101-34
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(1)
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§ 101-35
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(2)
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§ 101-36
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(3)
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Article VIII
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Article III
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§ 101-37
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Unnumbered paragraph
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§ 101-38
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Section 31A
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§ 101-39
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Section 31B
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§ 101-40
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Section 31C
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§ 101-41
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Section 32
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§ 101-42
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Section 33
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§ 101-43
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Section 34
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§ 101-44
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Section 35
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Amended 3-15-1984
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§ 101-45
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Section 36A and B
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§ 101-46
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Section 36C
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§ 101-47
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Section 36D
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Article IX
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Article IV
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§ 101-48
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Section 41
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§ 101-49
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Section 42
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Ch. 105, Taxation
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Article I, Senior Citizens Exemption
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L.L. No. 1-1978
|
4-13-1978
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§ 105-1
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First paragraph
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Omitted
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Second paragraph
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Ch. 111, Trees and Other Flora
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Article I, Cutting Without Consent
|
L.L. No. 5-1979
|
10-25-1979
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|
§ 111-1
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First paragraph
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§ 111-2
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Second paragraph
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Amended at time of adoption of Code
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Article II, Actions Affecting Environment
|
L.L. No. 1-1980
|
4-15-1980
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|
§ 111-3
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§ 1, first paragraph
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§ 111-4
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§ 1A
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§ 111-5
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§ 1B
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§ 111-6
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§ 1C
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§ 111-7
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§ 2
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§ 111-8
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§ 4
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§ 111-9
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§ 5
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Omitted
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§ 6
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§ 111-10
|
§ 3
|
Amended 9-18-1980 by L.L. No. 5-1980, at time of adoption of
Code
|
|
Ch. 117, Vehicles and Traffic
|
L.L. No. 4-1987
|
7-21-1987
|
|
Article I
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Article I
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§ 117-1
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§ 117-1
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§ 117-2
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§ 117-2
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§ 117-3
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§ 117-3
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Article II
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Article II
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§ 117-4
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§ 117-4
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§ 117-5
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§ 117-5
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§ 117-6
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§ 117-6
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§ 117-7
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§ 117-7
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§ 117-8
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§ 117-8
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§ 117-9
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§ 117-9
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§ 117-10
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§ 117-10
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§ 117-11
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§ 117-11
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§ 117-12
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§ 117-12
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§ 117-13
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§ 117-13
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Article III
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Article III
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§ 117-14
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§ 117-14
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§ 117-15
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§ 117-15
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§ 117-16
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§ 117-16
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Article IV
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Article IV
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§ 117-17
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§ 117-17
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§ 117-18
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§ 117-18
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§ 117-19
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§ 117-19
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Article V
|
Article V
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§ 117-20
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§ 117-20
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§ 117-21
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§ 117-21
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§ 117-22
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§ 117-22
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§ 117-23
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§ 117-23
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Article VI
|
Article VI
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§ 117-24
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§ 117-24
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§ 117-25
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§ 117-25
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§ 117-26
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§ 117-26
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§ 117-27
|
§ 117-27
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§ 117-28
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§ 117-28
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§ 117-29
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§ 117-29
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§ 117-30
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§ 117-30
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§ 117-31
|
§ 117-31
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§ 117-32
|
§ 117-32
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|
Ch. 123, Waterways
|
L.L. No. 2-1978
|
7-6-1978
|
|
§ 123-1
|
Section 52-1
| |
|
§ 123-2
|
Section 52-2
| |
|
§ 123-3
|
Section 52-3
| |
|
§ 123-4
|
Section 52-4
| |
|
§ 123-5
|
Section 52-5
| |
|
§ 123-6
|
Section 52-6
| |
|
§ 123-7
|
Section 52-7
| |
|
§ 123-8
|
Section 52-8
| |
|
§ 123-9
|
Section 52-9
| |
|
§ 123-10
|
Section 52-10
| |
|
§ 123-11
|
Section 52-11
| |
|
§ 123-12
|
Section 52-12
| |
|
§ 123-13
|
Section 52-13
| |
|
§ 123-14
|
Section 52-14
| |
|
§ 123-15
|
Section 52-15
| |
|
§ 123-16
|
Section 52-16
| |
|
§ 123-17
|
Section 52-17
| |
|
Omitted
|
Section 52-18
| |
|
Omitted
|
Section 52-19
| |
|
Omitted
|
Section 52-20
| |
|
Ch. 128, Zoning
| ||
|
Article I
| ||
|
§ 128-1
|
100
| |
|
§ 128-2
|
101
| |
|
§ 128-3
|
102
| |
|
§ 128-4
|
103
| |
|
§ 128-5
|
Article II
| |
|
§ 128-6
|
Sections 300 and 310
| |
|
§ 128-7
|
320
| |
|
§ 128-8
|
330
| |
|
§ 128-9
|
340
| |
|
Article II
| ||
|
§ 128-10
|
Section 400
| |
|
§ 128-11
|
401
| |
|
§ 128-12
|
402
| |
|
§ 128-13
|
403
| |
|
§ 128-14
|
404
| |
|
§ 128-15
|
405
| |
|
§ 128-16
|
406
| |
|
§ 128-17
|
407
| |
|
§ 128-18
|
408
|
Amended 9-9-1985 by L.L. No. 3-1985
|
|
§ 128-19
|
409
| |
|
Article III
| ||
|
§ 128-20
|
Section 410
| |
|
§ 128-21
|
411
| |
|
§ 128-22
|
422
|
Amended 11-28-1982 by L.L. No. 1-1982; 12-18-1986 by L.L. No.
5-1986; 1-15-1987 by L.L. No. 1-1987
|
|
§ 128-23
|
413
| |
|
Article IV
| ||
|
§ 128-24
|
414
| |
|
§ 128-25
|
Section 420
| |
|
§ 128-26
|
421.1
| |
|
§ 128-27
|
421.2
| |
|
§ 128-28
|
421.3
| |
|
§ 128-29
|
421.4
| |
|
§ 128-30
|
422
| |
|
§ 128-31
|
423
| |
|
§ 128-32
|
424
| |
|
§ 128-33
|
425
| |
|
Article V
| ||
|
§ 128-34
|
Section 430
| |
|
§ 128-35
|
431 through 431.5
| |
|
§ 128-36
|
431.6
| |
|
§ 128-37
|
432
| |
|
§ 128-38
|
433
| |
|
§ 128-39
|
434
| |
|
§ 128-40
|
435
| |
|
Article VI
| ||
|
§ 128-41
|
Section 440
| |
|
§ 128-42
|
441.1
| |
|
§ 128-43
|
441.2
| |
|
§ 128-44
|
441.3
| |
|
§ 128-45
|
441.4
| |
|
§ 128-46
|
441.5
| |
|
§ 128-47
|
442
| |
|
§ 128-48
|
443
| |
|
§ 128-49
|
444
| |
|
Article VII
| ||
|
§ 128-50
|
Section 500
| |
|
§ 128-51
|
501
| |
|
§ 128-52
|
502
| |
|
§ 128-53
|
503
| |
|
§ 128-54
|
504
| |
|
Article VIII
| ||
|
§ 128-55
|
Section 540
| |
|
§ 128-56
|
540.1
| |
|
§ 128-57
|
540.2
| |
|
§ 128-58
|
540.3
| |
|
§ 128-59
|
541
| |
|
§ 128-60
|
542
| |
|
§ 128-61
|
543
|
Amended 9-20-1979 by L.L. No. 3-1979, 1-15-1981 by L.L. No.
1-1981, 2-17-1983 by L.L. No. 1-1983
|
|
Article IX
| ||
|
§ 128-62
|
Section 600
| |
|
§ 128-63
|
600.1 and 600.2
| |
|
Omitted
|
Section 700
| |
|
§ 128-64
|
Section 710
| |
|
Omitted
|
Section 720
|
All local laws of a general and permanent nature of the Village
of Nissequogue 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 provided for in § 1-3 of this local law shall not affect the following classes of local laws, 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 Village of Nissequogue 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 Village
of Nissequogue, 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 Village
of Nissequogue.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Village of Nissequogue.
E.
Any
local law of the Village of Nissequogue 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 Village of Nissequogue or any portion thereof.
F.
Any
local law of the Village of Nissequogue appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the Village of Nissequogue
or other instruments or evidence of the Village'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
legislation relating to salaries.
K.
Any
legislation relating to vehicles and traffic.
L.
All
legislation adopted subsequent to September 9, 1985.
M.
All
legislation relating to Fire Department Rules, including those adopted
on February 5, 1974.
If any clause, sentence, paragraph, section, Article or part of this local law or of any local law cited in the table in § 1-2 hereof, or any local law included in this Code 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 Village Clerk of the Village of Nissequogue 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 Village Clerk of the Village
of Nissequogue by impressing thereon the Seal of the Village of Nissequogue,
and such certified copy shall remain on file in the office of said
Village Clerk to be made available to persons desiring to examine
the same during all times while the said Code is in effect.
Any and all additions, deletions, amendments or supplements
to any of the local laws known collectively as the "Code of the Village
of Nissequogue," or any new local laws or resolutions, when enacted
or adopted in such form as to indicate the intention of the Board
of Trustees 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 or resolution
contained herein, and such local laws or resolutions may be amended,
deleted or changed from time to time as the Board of Trustees deems
desirable.
It shall be the duty of the Village Clerk to keep up-to-date
the certified copy of the book containing the Code of the Village
of Nissequogue required to be filed in the office of the Village Clerk
for use by the public. All changes in said Code and all local laws,
ordinances and resolutions adopted by the Board of Trustees 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 may be purchased from the Village Clerk of
the Village of Nissequogue upon the payment of a fee to be set by
resolution of the Board of Trustees, which may also arrange by resolution
for procedures for the periodic supplementation thereof.
Any person who, without authorization from the Village Clerk,
changes or amends, by additions or deletions, any part or portion
of the Code of the Village of Nissequogue, or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Village of Nissequogue 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.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Nissequogue, 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, 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 Board of Trustees 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 § 1-11B, the following sections were added or amended: §§ 1-14, 40-4, 45-1, 45-6, 51-13, 51-14, 51-15, 51-23, 51-25, 51-35, 57-7, 62-14, 66-9, 90-2, 90-6, 90-8, 90-11, 101-3, 111-10A and 111-12.
A complete description of the changes made was included in
the text of this Local Law No. 1-1988 and is on file in the office
of the Village Clerk.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
