Town of Oyster Bay, NY General Provisions

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.

§ 1-2 Distribution of local laws, ordinances and resolutions.

Derivation Table[1]

(Sections providing for severability of provisions, repeal of conflicting legislation and effective dates which are covered by provisions of Chapter 1, Article I, have been omitted from the Code, and such sections are indicated as "omitted" in the table which follows. The source sections enumerated in this table were variously derived from the filed copies of the local laws, the original copies of the ordinances or from the sections codified in the 1971 Town Code.)

[1]

Editor's Note: The Derivation Table is included at the end of this chapter as Attachment 1.

§ 1-3 Repeal of enactments not included in Code.

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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.

§ 1-4 Enactments saved from repeal; matters not affected.

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:

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Oyster Bay.

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.

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.

Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.

The levy or imposition of special assessments or charges.

The dedication of property.

Any local laws, ordinances or resolutions relating to salaries.

Any legislation dealing with vehicles and traffic.

Any legislation dealing with noise.

Any legislation adopted subsequent to July 25, 1990.

§ 1-5 Severability.

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.

§ 1-6 Copy of Code on file.

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.

§ 1-7 Amendments to Code.

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.

§ 1-8 Code book to be kept up-to-date.

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.

§ 1-9 Sale of Code book; supplementation.

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.

§ 1-10 Penalties for tampering with Code.

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.

§ 1-11 Changes in previously adopted legislation.

In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Oyster Bay, 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, except as provided for in Subsection B hereof. In addition, 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 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.

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 have been amended: §§ 4-19, 4-24, 4-65, 4-67, 4-92, 4-93C and D, 4-140, 8-1, 8-2, 12-2, 12-3, 12-5, 22-8, 93-8, 93-11, 93-12, 93-15A and B, 93-20, 93-24A, 93-27, 93-31C, 93-34, 96-1A(3) and (4), 96-9, 103-1, 103-3, 107-10, 107-15, 107-31, 107-32, 110-3B, 110-4, 110-5, 110-7, 110-9, 110-10, 110-12, Appendix A and Appendix B of Ch. 110, 121-8B, 121-10, 121-11, 121-12, 135-5, 139-5, 160-1B, 173-3, 173-10A(4) and (5), 180-1B, 180-5A, 180-23, 180-25, 180-35, 180-40, 180-43, 183-4, 187-3, 201-1, 201-13C and E, 201-23A, 201-29F, 201-42, 201-43C and E, 201-47A and B, 201-68, 205-5, 205-7, 205-8C, 205-9, 205-11, 205-14, 205-15, 205-16A(2), 205-17, 205-18, 205-19, 205-21, 205-22, 205-23, 205-24, 205-25, 205-26, 205-27, 205-29, Towing Authorization Form of Ch. 221, H 236-1, 246-1A, 246-4, 246-16, 246-20E, 246-34, 246-37C, 246-37E, 246-37J(1), (3) and (5), 246-38B, C, D and E, 246-39B, C and E(2), 246-40, 246-229B, 246-235, 246-249E, 246-259E, 246-262, 246-270E, 246-272A(26)(b), 246-283E and 246-294E.

The following sections have been added: §§ 4-91E, 4-93E, 93-17.1, 93-31B, 96-13, 135-27, 173-10A(1)(c) and 183-150.

The following original sections have been deleted: § 8 of L.L. No. 3-1977; Secs. 3-19, 3-20, 3-21 and 3-23 through 3-27 of original Ch. 3, Art. II, of the 1971 Code; Secs. 4.0, 6.0, Subsections 1 through 8 and 10, and 7.0 through 12.0 of L.L. No. 4-1976; Sec. 23 of Ch. 19 of the 1971 Code; Sec. 1(c) of Art. III of L.L. No. 5-1977; Secs. 16-71, 16-73 and 16-82 of Ch. 16 of the 1971 Code; Sec. 21-33 of Ch. 21 of the 1971 Code; Secs. 53, 54 and 101 of Appendix A of the 1971 Code.

In addition to those changes set forth in Subsection B above, the following sections are hereby added or amended to provide for penalties for offenses of a fine not to exceed $250 or imprisonment for a term not to exceed 15 days, or both, for each offense.[2]

[2]

Editor's Note: Pursuant to § 1-11C, the following penalties sections have been added or amended §§ 103-8.2, 114-8, 135-51, 139-12, 151-4, 205-30, 221-55, 236-8, 241-2B, 241-3B and 241-19.

§ 1-12 When effective.

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.

§ 1-13 General penalty; continuing violations.

[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.