[Adopted 3-12-1991 by L.L. No. 1-1991]
The local laws, ordinances and resolutions of the Town of Oyster Bay referred to in §
1-2 of this local law shall be known collectively as the "Code of the Town of Oyster Bay," hereafter termed the "Code," 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. The ordinances contained in this Code of Ordinances are intended to encompass and to promote the general health, welfare, peace, good order and morals of the community at large and the same ordinances have been codified herein for the purpose of facilitating the enforcement thereof.
All local laws, ordinances and resolutions of a general and
permanent nature of the Town of Oyster Bay 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and continued in force by reference therein are hereby repealed from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, ordinances and resolutions 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 Oyster Bay 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
Oyster Bay, 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 Town of
Oyster Bay.
D. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Oyster Bay.
E. Any
local law, ordinance or resolution of the Town of Oyster Bay 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 Oyster Bay or any portion thereof.
F. Any
local law, ordinance or resolution of the Town of Oyster Bay 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 Oyster Bay 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. Any
legislation dealing with vehicles and traffic.
L. Any
legislation dealing with noise.
M. Any
legislation adopted subsequent to July 25, 1990.
If any clause, sentence, paragraph, section, Article or part of this local law or of any local law, ordinance or resolution cited in the table in §
1-2 hereof, or any local law, ordinance or resolution 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 Town Clerk of the Town of Oyster Bay 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 Town Clerk of the Town of Oyster
Bay by impressing thereon the Seal of the Town of Oyster Bay, 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 the said Code is in effect.
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 Oyster Bay," 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 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 to keep up-to-date the
certified copy of the book containing the Code of the Town of Oyster
Bay 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 change or local
law, 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 Town Clerk of the
Town of Oyster Bay 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 Oyster Bay, or who alters or tampers with such Code
in any manner whatsoever which will cause the legislation of the Town
of Oyster Bay 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.
This local law shall take effect upon filing with the Secretary
of State and State Comptroller as required by § 27 of the
Municipal Home Rule Law.
[Added 10-4-1994]
Except as otherwise provided and in addition to any other remedy
for an offense against any provision of this Code, whenever in this
Code or in any ordinance of the town any act is prohibited or is made
or declared to be unlawful or an offense against this Code or ordinance,
or whenever in this Code or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful, where no
specific penalty is provided therefor, an offense committed against
any such provision of this Code or any ordinance is hereby declared
to be a violation and shall be punished by a fine not exceeding $250
or imprisonment for not more than 15 days, or both such fine and imprisonment.
Each day that any violation of any provision of this Code or of any
ordinance shall continue shall constitute a separate offense.