[HISTORY: Adopted by the Town Board of the Town of Johnstown as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-1983 by L.L. No. 1-1983]
It is the intent of this local law to establish a codification of local laws, ordinances and certain resolutions of the Town of Johnstown for the purpose of increasing the effectiveness of Town governmental administration, providing for greater public awareness of and access to Town legislation and protecting the health, safety and welfare of Town inhabitants. The local laws, ordinances and resolutions of the Town of Johnstown referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Johnstown," 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.
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 titles, refer to the first column; for severability, refer to § 1-13 hereof.)
New Number
(chapter, title, article, section)
Old Number
(source)
Adoption or Amendment Date
Ch. 6, Assessment Review, Board of
Resolution
4-17-1972
§ 6-1
Unnumbered
Amended at time of adoption of Code
§ 6-2
Unnumbered
Amended at time of adoption of Code
§ 6-3
Unnumbered
Amended at time of adoption of Code
§ 6-4
Unnumbered
Ch. 8, Assessors
L.L. No. 1-1971
2-15-1971
§ 8-1
Section 1
§ 8-2
Section 2
§ 8-3
Section 3
Ch. 14, Buildings, Unsafe
L.L. No. 1-1980
11-17-1980
§ 14-1
Section 1
Section 2*
§ 14-2
Section 3
§ 14-3
Section 4
§ 14-4
Section 5
§ 14-5
Section 6
§ 14-6
Section 7
§ 14-7
Section 8
§ 14-8
Section 9
§ 14-9
Section 10
§ 14-10
Section 11
§ 14-11
Section 12
Section 13*
Ch. 21, Dogs
Ordinance
12-6-1968
§ 21-1
Sec. 1
§ 21-2
Sec. 2
§ 21-3
Sec. 3
Amended at time of adoption of Code
§ 21-4
Sec. 4
§ 21-5
Sec. 5
Amended at time of adoption of Code
Sec. 6*
Ch. 26, Ethics, Code of
Resolution
11-30-1970
§ 26-1
Section 1
§ 26-2
Section 2
§ 26-3
Section 3
§ 26-4
Section 4
§ 26-5
Section 5
§ 26-6
Section 6
Section 7*
Ch. 34, Fires, Outdoor
Ordinance
5-16-1966
Article I
Sec. 1*
Article II
§ 34-1
Sec. 1
§ 34-2
Sec. 2
§ 34-3
Sec. 3
§ 34-4
Sec. 4
Article III
§ 34-5
Sec. 1
Ch. 45, Littering
Ordinance
2-16-1970
§ 45-1
Section 1
§ 45-2
Section 2
§ 45-3
Section 3
§ 45-4
Section 4
Section 5*
Ch. 57, Records, Public Access to
Resolution
5-15-1978
§ 57-1
1
§ 57-2
2
§ 57-3
3
§ 57-4
4
§ 57-5
5
§ 57-6
6
§ 57-7
7
§ 57-8
8
§ 57-9
9
10*
Ch. 63, Subdivision of Land
Resolution
4-15-1974, approving Planning Board action of 2-28-1974
Art. I
Art. I
§ 63-1
Unnumbered
Art. II
Art. II
§ 63-2
Unnumbered
Art. III
Art. III
§ 63-3
Unnumbered
§ 63-4
Section 1
§ 63-5
Section 2
§ 63-6
Section 3
§ 63-7
Section 4
§ 63-8
Section 5
§ 63-9
Section 6
§ 63-10
Section 7
§ 63-11
Section 8
Art. IV
Art. IV
§ 63-12
Unnumbered
§ 63-13
Section 1
§ 63-14
Section 2
§ 63-15
Section 3
§ 63-16
Section 4
§ 63-17
Section 5
§ 63-18
Section 6
§ 63-19
Section 7
Art. V
Art. V
§ 63-20
Section 1
§ 63-21
Section 2
§ 63-22
Section 3
§ 63-23
Section 4
Art. VI
Art. VI
§ 63-24
Section 1
§ 63-25
Section 2
§ 63-26
Section 3
Art. VII
Section 1*
Ch. 72, Vehicles, Abandoned
L.L. No. 2-1981
8-17-1981
Section 1*
§ 72-1
Section 2
§ 72-2
Section 3
§ 72-3
Section 4
§ 72-4
Section 5
§ 72-5
Section 6
§ 72-6
Section 7
Section 8*
Ch. 75, Vehicles and Traffic
Art. I
L.L. No. 1-1982
6-21-1982
Section 1*
§ 75-1
Section 2
§ 75-2
Section 3
§ 75-3
Section 4
§ 75-4
Section 5
§ 75-5
Section 6
§ 75-6
Section 7
Section 8*
Ch. 80, Waste Disposal and Landfills
L.L. No. 1-1981
1-19-1981
Section 1*
§ 80-1
Section 2
§ 80-2
Section 3
§ 80-3
Section 4
§ 80-4
Section 5
§ 80-5
Section 6
§ 80-6
Section 7
§ 80-7
Section 8
§ 80-8
Section 9
§ 80-9
Section 10
§ 80-10
Section 11
Section 12*
Section 13*
Ch. 84, Zoning
Ordinance
3-16-1964
Section 1*
Art. I
Section 2*
Art. I
Art. II
§ 84-1
Section 3
Art. II
Art. XIII
§ 84-2
Section 46
§ 84-3
Section 47
Amended 9-21-1964
Art. III
Art. III
§ 84-4
Section 4
§ 84-5
Section 5
§ 84-6
Section 6
Art. IV
Art. IV
§ 84-7
Section 7
Amended 9-21-1964; 3-15-1965; 9-9-1968; 5-19-1975; 2-19-1979; 3-19-1979; 12-19-1979
§ 84-8
Section 8
Amended 9-21-1964; 3-15-1965; 5-19-1975; 2-19-1979
§ 84-9
Section 9
Amended 9-21-1964; 3-15-1965; 2-19-1979; 3-19-1979
§ 84-10
Section 10
Amended 9-21-1964; 5-31-1966; 2-20-1967; 3-19-1979
§ 84-11
Section 11
Amended 9-21-1964; 5-31-1966
§ 84-12
Section 12
Amended 9-21-1964; 5-31-1966
§ 84-13
Section 13
Amended 9-21-1964; 5-31-1966; 7-17-1978
§ 84-14
Section 14
Amended 9-21-1964; 3-15-1965; 5-31-1967; 9-9-1968
Art. V
Art. V
§ 84-15
Section 15
Amended 2-18-1974; 5-20-1974; 5-19-1975
§ 84-16
Section 16
§ 84-17
Section 17
§ 84-18
Section 18
Art. VI
Art. VI
§ 84-19
Section 19
§ 84-20
Section 20
Amended 5-19-1975
§ 84-21
Section 21
§ 84-22
Section 21-A
Added 9-21-1964
§ 84-23
Section 21-A
Added 9-21-1964
§ 84-24
Section 21-B
Amended 5-19-1975
Art. VII
Art. VII
§ 84-25
Section 22
§ 84-26
Section 23
Art. VIII
Art. VIII
§ 84-27
Section 24
§ 84-28
Section 25
§ 84-29
Section 26
§ 84-30
Section 27
Amended 9-21-1964
Art. IX
Art. IX
§ 84-31
Section 28
§ 84-32
Section 29
§ 84-33
Section 30
§ 84-34
Section 31
Amended at time of adoption of Code
Art. X
Art. X
§ 84-35
Unnumbered
§ 84-36
Unnumbered
§ 84-37
Section 32
§ 84-38
Section 33
§ 84-39
Section 34
§ 84-40
Section 35
§ 84-41
Section 36
§ 84-42
Section 37
Art. XI
Art. XI
§ 84-43
Section 38
§ 84-44
Section 39
§ 84-45
Section 40
§ 84-46
Section 41
§ 84-47
Section 42
§ 84-48
Section 43
Art. XII
Art. XII
Section 44*
§ 84-49
Section 45
Art. XIII
Art. XIV
Section 1.1*
§ 84-50
Section 2.1
§ 84-51
Section 3.1
§ 84-52
Section 4.1
§ 84-53
Section 5.1
§ 84-54
Section 6.1
§ 84-55
Section 7.1
§ 84-56
Section 8.1
§ 84-57
Section 9.1
§ 84-58
Section 10.1
§ 84-59
Section 11.1
§ 84-60
Section 12.1
§ 84-61
Section 13.1
Section 14.1*
§ 84-62
Section 15.1
Section 16.1*
Section 17.1*
The local laws and ordinances of a general and permanent nature enacted or adopted by the Town Board of the Town of Johnstown and not included in the Code of the Town of Johnstown and in force on the date of the adoption of this local law are hereby repealed as of the effective date of this local law, except as hereinafter provided.
The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right of liability established, accrued or incurred under any legislative provision of the Town of Johnstown 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 Johnstown, 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 Johnstown.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Johnstown.
E. 
Any local law, ordinance or resolution of the Town of Johnstown 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 Johnstown or any portion thereof.
F. 
Any ordinance or resolution of the Town of Johnstown 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 Johnstown or other instruments or evidence of the Town's indebtedness.
G. 
Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The dedication of property.
J. 
Any local laws, ordinances or resolutions relating to salaries.
K. 
An ordinance adopted June 30, 1952, pertaining to games and shows on Sunday.
L. 
Any local laws or ordinances adopted subsequent to June 21, 1982.
In compiling and preparing the local laws, ordinances and resolutions of the Town for publication as the Code of the Town of Johnstown as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.
A copy of the Code of the Town of Johnstown, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Johnstown 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 of Johnstown, and such certified copy shall remain on file in the office of said Town Clerk, to be made available to persons desiring to examine same during all times while said Code is in effect.
A. 
In compiling and preparing the local laws, ordinances and certain resolutions for adoption and revision as part of the Code pursuant to the Municipal Home Rule Law § 20, Subdivision 3, certain grammatical changes and other minor changes were made in one or more of the local laws, ordinances or resolutions. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the provisions so changed had been previously formally amended to read as such.
B. 
In addition, certain changes, amendments and additions are enacted herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to these materials as they are numbered and appear in the Code.)[1]
[1]
Editor's Note: Pursuant to § 1-7B, the following sections and chapters were added or amended: §§ 6-1, 6-2, 6-3, 21-3 and 21-5; Chapters 31 and 67; §§ 75-6, 84-34A and Art. XIII of Chapter 84.
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 Johnstown" 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 Johnstown 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 Johnstown shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Johnstown 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 Town Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or local laws, ordinances or resolutions until such changes or local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code book containing the Code of the Town of Johnstown may be purchased from the Town Clerk upon the payment of a fee to be set by resolution of the Town Board, which may also arrange by resolution for procedures for the periodic supplementation thereof.
Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Johnstown, or who alters or tampers with such code in any manner whatsoever which will cause the legislation of the Town of Johnstown 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.
[Amended 6-21-2010 by L.L. No. 1-2010]
Any person who shall violate any chapter or article of the Code of the Town of Johnstown for which another penalty is not specifically provided shall, upon conviction thereof, be guilty of a violation under the Penal law and shall be punishable, for each offense, by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, all violations of the Code of the Town of Johnstown shall be deemed misdemeanors and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. The Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any such chapter or article of the Code, notwithstanding that the chapter or article of the Code may provide a penalty or other punishment for such violation.
If any clause, sentence, paragraph, section, article or part of this local law or ordinance cited in the table in § 1-2 hereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered.
The provisions of this local law are hereby made Chapter 1 of the Code of the Town of Johnstown, to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered § 1-1 to 1-15 inclusive.
This local law and the Code of the Town of Johnstown 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.