[HISTORY: Adopted by the Town Board of the Town of Smithtown:
Art. I, 12-4-1990 by L.L. No. 8-1990. Amendments noted where applicable.]
[Adopted 12-4-1990 by L.L. No. 8-1990]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions
of the Town of Smithtown shall be known collectively as the "Code
of the Town of Smithtown," hereafter termed the "Code." Whenever reference
is made in any of the local laws, ordinances or resolutions contained
in the Code of the Town of Smithtown 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 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 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 Smithtown, and it is the intention of said Town 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Smithtown 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in force by reference therein, are hereby repealed from and after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
provisions of the Town of Smithtown 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 on or before or done on or before the effective
date of this local law in violation of any legislative provisions
of the Town of Smithtown 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 provisions of the Town of
Smithtown.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Smithtown.
E.
Any
local law or ordinance of the Town of Smithtown 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 Smithtown or any portion thereof.
F.
Any
local law or ordinance of the Town of Smithtown appropriating money
or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance of any delivery of any bond of the Town
of Smithtown or any 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 of the Town of Smithtown.
L.
Any
legislation adopted subsequent to June 12, 1990.
If any clause, sentence, paragraph, section, Article, chapter
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, chapter 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 Smithtown 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 a copy shall be certified to by the Town Clerk of the Town of
Smithtown by impressing thereon the Seal of the Town of Smithtown,
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. 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 Smithtown" or any new local laws, ordinances
or resolutions, when enacted or adopted in such form as to indicate
the intention of the Town Council 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 herein, 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 of the Town of Smithtown
to keep up-to-date the certified copy of the book containing the Code
of the Town of Smithtown 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 part of said Code shall, when finally
enacted or adopted, be included therein by temporary attachments of
copies of such changes, local laws, ordinances or resolutions until
such changes, 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 of the Town of Smithtown may be purchased
from the Town Clerk of the Town of Smithtown 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 Smithtown or who alters or tampers with such Code in
any manner whatsoever which will cause the legislation of the Town
of Smithtown 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 Town of Smithtown, no changes in the meaning or intent of such local laws, ordinances or 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 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 § 1-11B, the following sections were amended at time of adoption of Code: §§ 9-2, 36-1, 36-3, 75-3A, 154-5B(6) and 322-82C(22)(a). In addition, the term "Fire Inspector" was changed to "Fire Marshal" throughout the Code. A complete description of all changes is on file in the office of the Town Clerk and may be examined there during regular office hours.
This local law shall take effect on January 1, 1991.
[Adopted 10-3-2023 by L.L. No. 14-2023]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances, and certain resolutions of the Town of Smithtown, as codified in Part I, Administrative Legislation, of the Town Code, and consisting of Chapters 1 through 85, are hereby approved and readopted, and re-enacted as Part I, Administrative Legislation, of the Code of the Town of Smithtown, hereinafter referred to as "Part I." The provisions of Part I, insofar as they are substantively the same as those of the local laws, ordinances, and resolutions included in Part I and in force immediately prior to the enactment of Part I by this local law, are intended as a continuation of such local laws, ordinances, and resolutions and not as new enactments. This local law and Part I adopted hereby shall supersede and replace the currently existing Part I of the Town Code, as amended and supplemented.
Additions or amendments to the chapters of Part I, when adopted
in such form as to indicate the intent of the Town Board to make them
a part thereof, shall be deemed to be incorporated so that reference
to the cited provisions shall be understood and intended to include
such additions and amendments. Nothing contained in this local law
shall affect the status of any local law, ordinance, or resolution
contained in Part I, and such local laws, ordinances, or resolutions
may be amended, deleted, or changed from time to time as the Town
Board deems desirable.
All local laws and ordinances of a general and permanent nature,
or parts of such local laws or ordinances, inconsistent with the provisions
contained in Part I adopted by this local law are hereby repealed;
provided, however, that such repeal shall only be to the extent of
such inconsistency, and any valid legislation of the Town of Smithtown
which is not in conflict with the provisions of Part I shall be deemed
to remain in full force and effect.
Neither the re-adoption of this Part I nor the repeal or amendment
of any ordinance, local law, or resolution or part or portion of any
ordinance, local law, or resolution shall affect prosecution for violations
that were committed prior to the effective date of this local law.
The re-adoption of this Part I shall not be construed as a waiver
of any license, fee, penalty, debt, forfeiture, or obligation due
and unpaid to the Town on the date this Part I takes effect. All rights,
fines, entitlements, duties, and proceedings existing pursuant to
any Town law on the date this Part I is adopted shall remain in effect
unless specifically repealed in this local law. No bonds or cash required
to be posted, filed, or deposited pursuant to any Town law shall in
any way be made invalid by this local law.
A.
In compiling and preparing the local laws, ordinances, and resolutions
for republication as Part I of the Town of Smithtown, certain grammatical
changes and other minor nonsubstantive changes may have been made
in one or more of said pieces of legislation. It is the intent of
the Town Board that all such changes be adopted as part of Part I
as if the local laws, ordinances, and resolutions had been previously
formally amended to read as such.
B.
In addition, the amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this local law.
C.
Legislation regulating the following boards, commissions, committees
or other bodies is removed from Part I of the Code in its entirety:
(1)
Local Law No. 5-1981, Chapter 13, Building Permit Review Board.
(2)
Local Law No. 10-1993, Chapter 33, Fire Prevention and Building Code
Review Board.
(3)
Local Law No. 2-1968, as amended by L.L. No. 3-1990, Chapter 42,
Human Rights Commission.
(4)
Local Law No. 4-1981, Chapter 45, Industrial Advisory Board.
(5)
Local Law No. 6-1991, Chapter 49, Medical Board of Trustees.
(6)
Chapter 61, Recycling Committee (3-20-1990).
(7)
Local Law No. 4-1968, as amended by L.L. No. 7-1989, Chapter 71,
Substance Abuse Prevention Council.
(8)
Local Law No. 1-1982, Chapter 78, Traffic Safety Board.
D.
The following policies are removed from Part I of the Code in their
entirety; current versions of the policies, if still in effect, are
available in the Town offices:
(1)
Chapter 19, Computer Policy (4-9-2002).
(2)
Chapter 24, Drug-Free Workplace Policy (8-26-1992).
(3)
Chapter 28, Equal Employment Opportunity Policy (2-25-2003).
(4)
Chapter 37, Hearing Conservation Policy (9-7-1993).
(5)
Chapter 46, Investment Policy (as last amended 1-3-2017).
(6)
Chapter 68, Sexual and Other Harassment Policy (3-26-2002).
(7)
Chapter 83, Workplace Violence Prevention Policy (reference page
only).
E.
F.
Schedule A: The following changes are made to the chapters and provisions
as set forth below:
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Chapter 9, Appearance Tickets
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1.
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Section 9-2. Authorized public servants
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B.
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The Director of Facilities Management,
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2.
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Section 9-3 Appearance Tickets
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An appearance ticket other than for a parking violation shall
be served personally, except an appearance ticket issued for the violation of Chapter 322, Zoning, or of the building or sanitation codes found in Chapter 112 or Chapter 177 may be served in any manner authorized for service under § 308 of the Civil Practice Law and Rules.
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Chapter 21, Conservation Board
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Section 21-4 Compensation; appropriation of funds
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A.
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The Chairman of the Conservation Board of the Town of Smithtown
shall receive compensation
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Chapter 30, Ethics, Code of
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1.
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30-20 Powers and duties of hearing officers
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F.
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Prepare findings of fact and recommendations.
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2.
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Appendix A is amended to:
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•
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•
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•
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Deputy Town Attorney
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•
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Director of Labor Relations
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Chapter 40, Records
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1.
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Section 40-2C is added to read as follows:
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C.
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The records access officer shall ensure that agency personnel:
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(1)
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Maintain an up-to-date subject matter list.
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(2)
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Assist persons seeking records to identify the records sought,
if necessary, and, when appropriate, indicate the manner in which
the records are filed, retrieved or generated to assist persons in
reasonably describing records.
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(3)
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Contact persons seeking records when a request is voluminous
or when locating the records involves substantial effort, so that
personnel may ascertain the nature of records of primary interest
and attempt to reasonably reduce the volume of records requested.
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(4)
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Upon locating the records, take one of the following actions:
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(a)
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Make records available for inspection; or
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(b)
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Deny access to the records in whole or in part and explain in
writing the reasons therefor.
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(5)
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Upon request for copies of records:
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(a)
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Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 40-6; or
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(b)
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Permit the requester to copy those records.
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(6)
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Upon request, certify that a record is a true copy; and
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(7)
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Upon failure to locate records, certify that;
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(a)
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The Town is not the custodian for such records; or
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(b)
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The records of which the Town is a custodian cannot be found
after diligent search.
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§ 40-5. Requests for public access to records.
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A.
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A written request may be required, but oral requests
may be accepted when records are readily available.
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B.
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If records are maintained on the internet, the requester
shall be informed that the records are accessible via the internet
and in printed form either on paper or other information storage medium.
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C.
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A response shall be given within five business days
of receipt of a request by:
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(1)
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Informing the person requesting records that the
request or portion of the request does not reasonably describe the
records sought, including direction, to the extent possible, that
would enable that person to request records reasonably described:
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(2)
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Granting or denying access to records in whole or
in part;
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(3)
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Acknowledging the receipt of a request in writing,
including an approximate date when the request will be granted or
denied in whole or in part, which shall be reasonable under the circumstances
of the request and shall not be more than 20 business days after the
date of the acknowledgment, or if it is known that circumstances prevent
disclosure within 20 business days from the date of such acknowledgment,
providing a statement in writing indicating the reason for inability
to grant the request within that time and a date certain, within a
reasonable period under the circumstances of the request, when the
request will be granted in whole or in part; or
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(4)
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If the receipt of request was acknowledged in writing
and included an approximate date when the request would be granted
in whole or in part within 20 business days of such acknowledgment,
but circumstances prevent disclosure within that time, providing a
statement in writing within 20 business days of such acknowledgment
specifying the reason for the inability to do so and a date certain,
within a reasonable period under the circumstances of the request,
when the request will be granted in whole or in part.
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D.
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In determining a reasonable time for granting or
denying a request under the circumstances of a request, personnel
shall consider the volume of a request, the ease or difficulty in
locating, retrieving or generating records, the complexity of the
request, the need to review records to determine the extent to which
they must be disclosed, the number of requests received by the agency,
and similar factors that bear on the ability to grant access to records
promptly and within a reasonable time.
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E.
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A failure to comply with the time limitations described
herein shall constitute a denial of a request that may be appealed.
Such failure shall include situations in which an officer or employee:
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(1)
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Fails to grant access to the records sought, deny
access in writing or acknowledge the receipt of a request within five
business days of the receipt of a request;
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(2)
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Acknowledges the receipt of a request within five
business days but fails to furnish an approximate date when the request
will be granted or denied in whole or in part;
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(3)
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Furnishes an acknowledgment of the receipt of a request
within five business days with an approximate date for granting or
denying access in whole or in part that is unreasonable under the
circumstances of the request;
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(4)
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Fails to respond to a request within a reasonable
time after the approximate date given or within 20 business days after
the date of the acknowledgment of the receipt of a request;
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(5)
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Determines to grant a request in whole or in part
within 20 business days of the acknowledgment of the receipt of a
request, but fails to do so, unless the agency provides the reason
for its inability to do so in writing and a date certain within which
the request will be granted in whole or in part;
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(6)
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Does not grant a request in whole or in part within
20 business days of the acknowledgment of the receipt of a request
and fails to provide the reason in writing explaining the inability
to do so and a date certain by which the request will be granted in
whole or in part; or
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(7)
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Responds to a request, stating that more than 20
business days are needed to grant or deny the request in whole or
in part and provides a date certain within which that will be accomplished,
but such date is unreasonable under the circumstances of the request.
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3.
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Section 40-6 is amended to read as follows:
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§ 40-6. Fees.
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A.
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There shall be no fee charged for:
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(1)
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Inspection of records;
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(2)
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Search for records; or
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(3)
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Any certification pursuant to this article.
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B.
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Copies may be provided without charging a fee.
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C.
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Fees for copies may be charged, provided that:
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(1)
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The fee for copying records shall not exceed $0.25
per page for photocopies not exceeding nine inches by 14 inches;
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(2)
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The fee for photocopies of records in excess of nine
inches by 14 inches shall not exceed the actual cost of reproduction;
or
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(3)
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An agency has the authority to redact portions of
a paper record and does so prior to disclosure of the record by making
a photocopy from which the proper redactions are made.
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D.
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The fee the Town charges for a copy of any other
record is based on the actual cost of reproduction and may include
only the following:
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(1)
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An amount equal to the hourly salary attributed to
the lowest paid employee who has the necessary skill required to prepare
a copy of the requested record, but only when more than two hours
of the employee's time is necessary to do so; and
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(2)
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The actual cost of the storage devices or media provided
to the person making the request in complying with such request; or
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(3)
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The actual cost to the Town of engaging an outside
professional service to prepare a copy of a record, but only when
the Town's information technology equipment is inadequate to
prepare a copy, and if such service is used to prepare the copy.
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E.
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When the Town has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from nonelectronic records, the Town shall retrieve or extract such record or data electronically. In such case, the Town may charge a fee in accordance with Subsection D(1) and (2) above.
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F.
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The Town shall inform a person requesting a record
of the estimated cost of preparing a copy of the record if more than
two hours of a Town employee's time is needed, or if it is necessary
to retain an outside professional service to prepare a copy of the
record.
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G.
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The Town may require that the fee for copying or
reproducing a record be paid in advance of the preparation of such
copy.
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H.
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The Town may waive a fee in whole or in part when
making copies of records available.
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4.
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Section 40-8 is amended to read as follows:
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§ 40-8. Denial of access to records;
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A.
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Denial of access to records shall be in writing,
stating the reason therefor and advising the requester of the right
to appeal to the individual or body established to determine appeals,
which shall be identified by name, title, business address and business
phone number.
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B.
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If requested records are not provided promptly, as required in § 40-5 of this article, such failure shall also be deemed a denial of access.
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C.
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The Town Board shall determine appeals regarding
denial of access to records under the Freedom of Information Law.
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D.
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Any person denied access to records may appeal within
30 days of a denial.
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E.
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The time for deciding an appeal by the Town Board
shall commence upon receipt of a written appeal identifying:
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(1)
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The date and location of requests for records;
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(2)
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A description, to the extent possible, of the records
that were denied; and
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(3)
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The name and return address of the person denied
access.
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F.
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A failure to determine an appeal within 10 business
days of its receipt by granting access to the records sought or fully
explaining the reasons for further denial in writing shall constitute
a denial of the appeal.
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G.
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The Town Board shall transmit to the Committee on
Open Government copies of all appeals upon receipt of appeals. Such
copies shall be addressed to:
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Committee on Open Government
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Department of State
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One Commerce Plaza
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99 Washington Avenue, Suite 650
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Albany, NY 12231
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H.
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The Town Board shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth Subsection F of this section.
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5.
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Section 40-10, Definitions, is amended as follows:
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RECORDS DISPOSITION
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B.
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The transfer of records from one
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6.
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Section 40-12, Powers and duties, is amended as follows:
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D.
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Operate a records
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§ 53-3. Conditions for defense
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A.
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Delivery to the Town Attorney (or, if none, to the Town Supervisor)
of the foriginal or a copy of any summons, complaint, process, notice,
demand or pleading within
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