[HISTORY: Adopted by the Board of Supervisors of Saratoga
County as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-18-2011 by L.L. No. 1-2011]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws of Saratoga County, as codified by General Code, and consisting of Chapters 1 through 325, together with an Appendix, shall be known collectively as the "Code of Saratoga County," hereafter termed the "Code." Wherever reference is made in any of the local laws contained in the "Code of Saratoga County" to any other local law appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such local law had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of Saratoga County, and it is the intention of said Board of Supervisors that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws or parts of local laws inconsistent with the
provisions contained in the Code 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repealed; provided, however, that such repeal shall only be to the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 Saratoga
County which is not in conflict with the provisions of the Code shall
be deemed to remain in full force and effect.
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 Saratoga County 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 Saratoga County
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 Saratoga County.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by Saratoga County.
E.
Any
local law of Saratoga County 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
Saratoga County or any portion thereof.
F.
Any
local law of Saratoga County appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond of Saratoga County or other instruments
or evidence of the County's indebtedness.
G.
Local
laws authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
H.
The
levy or imposition of special assessments or charges.
I.
The
annexation or dedication of property.
J.
Any
local law relating to salaries and compensation.
K.
Any
local law amending a Zoning Map.
L.
Any
local law relating to or establishing a pension plan or pension fund
for County employees.
M.
Any
local law or portion of a local law establishing a specific fee amount
for any license, permit or service obtained from the County.
N.
Any
local law adopted subsequent to August 17, 2010.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law 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. If any provision of this Code or the application
thereof to any person or circumstances is held invalid, the remainder
of this Code and the application of such provision to other persons
or circumstances shall not be affected thereby.
A copy of the Code has been filed in the office of the Clerk
of the Board of Supervisors 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 Clerk of the Board of Supervisors by impressing thereon the
Seal of Saratoga County, and such certified copy shall remain on file
in the office of said 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 known collectively as the "Code of Saratoga
County" or any new local laws, when enacted or adopted in such form
as to indicate the intention of the County Board of Supervisors 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 inserted in the Code
as amendments and supplements thereto. Nothing contained in this local
law shall affect the status of any local law contained herein, and
such local laws may be amended, deleted or changed from time to time
as the County Board of Supervisors deems desirable.
It shall be the duty of the Clerk of the Board of Supervisors
to keep up-to-date the certified copy of the Code of Saratoga County
required to be filed in the office of the Clerk for use by the public.
All changes in said Code and all local laws adopted by the County
Board of Supervisors subsequent to the enactment of this local law
in such form as to indicate the intention of said County Board of
Supervisors 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 until such changes or local laws are
included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk of the Board of Supervisors, or an authorized
agent of the Clerk, upon the payment of a fee to be set by resolution
of the County Board of Supervisors. The Clerk may also arrange for
procedures for the periodic supplementation of the Code.
Any person who alters or tampers with the Code of Saratoga County
in any manner whatsoever which will cause the legislation of Saratoga
County 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 for publication as the Code of Saratoga County, no changes in the meaning or intent of such local laws have been made, except as provided for in Subsection B hereof. 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 County Board of Supervisors that all such changes be adopted as part of the Code as if the local laws 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. (Chapter and
section number references are to the local laws as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-18-2011 by L.L. No. 1-2011." Schedule A, which contains a complete description of all changes, is on file in the County offices.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
