[Adopted 4-15-2005 by L.L. No. 1-2005]
It is the intent of this local law to establish a codification of certain local laws and ordinances of the Town of Highland 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 and ordinances of the Town of Highland referred to in §
1-2 of this local law shall be known collectively as the "Town of Highland Code," and the various parts and sections of such local laws and ordinances shall be distributed and designated as provided and set forth in §
1-2 of this local law.
The remaining chapters of this Town of Highland Code are derived from the following local laws and ordinances, omitting sections pertaining to severability of provisions, repeal of conflicting legislation and effective dates, which are now covered by this Chapter
1. Sections are renumbered to fit the format of the Town of Highland Code, but are otherwise identically worded and sequenced.
Chapter No.
|
Subject
|
Local Law or Ordinance
|
---|
20.
|
Adult uses
|
L.L. No. 10 of 2002
|
30.
|
Boating
|
L.L. No. 9 of 2002
|
50.
|
Dog control
|
L.L. No. 7 of 2002
|
70.
|
Flood damage prevention
|
L.L. No. 1 of 1977 (as amended April 7, 1987)
|
80.
|
Games of chance
|
Adopted with this Code
|
90.
|
Highways
|
L.L. No. 2 of 1997
|
110.
|
Litter
|
L.L. No. 8 of 2002
|
115.
|
Logging
|
L.L. No. 1 of 2002
|
130.
|
Parking
|
L.L. No. 4 of 2002
|
135.
|
Peddling
|
L.L. No. 5 of 2002
|
150.
|
Sewage disposal
|
L.L. No. 2 of 2002
|
160.
|
Subdivision
|
L.L. No. 3 of 1997
|
180.
|
Unsafe building
|
L.L. No. 3 of 2002
|
190.
|
Zoning
|
L.L. No. 1 of 1999 (as amended January 14, 2003 and May 13,
2003)
|
All local laws and ordinances of the Town of Highland inconsistent
with the provisions of this Town of Highland Code are hereby repealed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 Highland 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
Highland, 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 Highland.
D. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Highland.
E. Any
local law, ordinance or resolution of the Town of Highland 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 Highland or any portion thereof.
F. Any
ordinance or resolution of the Town of Highland 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
Highland 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 taxes, special assessments or charges.
I. The
dedication of property.
J. Any
local laws, ordinances or resolutions relating to salaries, pensions
or the performance of employee duties.
K. Any
currently effective ordinance or local law regulating utility use
or pertaining to utility rates in the Town of Highland.
L. Any
local laws or ordinances adopted simultaneously or subsequent to this
Code.
M. Any
laws, ordinances or resolutions pertaining to matters other those
regulated hereunder.
In compiling and preparing the local laws, ordinances and resolutions of the Town for publication as the Town of Highland Code, 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 Town of Highland Code, in loose-leaf form, has
been filed in the office of the Town Clerk of the Town of Highland
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 Highland, 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.
In compiling and preparing the local laws and ordinances 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
and ordinances. 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.
Any and all additions, deletions, amendments or supplements
to any of the local laws and ordinances known collectively as the
"Town of Highland Code," 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 Town of Highland Code shall
be understood and intended to include such additions, deletions, amendments
or supplements. Whenever such additions, deletions, amendments or
supplements to the Town of Highland 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.
It shall be the duty of the Town Clerk to keep up-to-date the
certified copy of the book containing the Town of Highland Code 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 Town of Highland Code
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 Town
of Highland Code, or who alters or tampers with such Code in any manner
whatsoever that will cause the legislation of the Town of Highland
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 Town of Highland Code, 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 Town of Highland Code 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.