[HISTORY: Adopted by the Town Board of the Town of Martinsburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-21-2013 by L.L. No. 2-2013]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Town of Martinsburg, as codified by General Code, and consisting of Chapters 1 through 240, together with an Appendix, shall be known collectively as the "Code of the Town of Martinsburg," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Town of Martinsburg" to any other local law or ordinance 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 or ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. 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 Martinsburg, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
Repeal of inconsistent enactments. Except as provided in § 1-4, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-13; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Martinsburg 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 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
provision of the Town of Martinsburg 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 Martinsburg
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 Martinsburg.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Martinsburg.
E.
Any local
law or ordinance of the Town of Martinsburg 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 Martinsburg or any portion thereof.
F.
Any local
law or ordinance of the Town of Martinsburg 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
Martinsburg or 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, agreement or obligation.
H.
The levy
or imposition of special assessments or charges.
I.
The annexation
or dedication of property.
J.
Any local
law or ordinance relating to salaries and compensation.
K.
Any local
law or ordinance amending the Zoning Map.
L.
Any local
law or ordinance relating to or establishing a pension plan or pension
fund for Town employees.
M.
Any local
law or ordinance or portion of a local law or ordinance establishing
a specific fee amount for any license, permit or service obtained
from the Town.
N.
Any local
law or ordinance adopted subsequent to March 20, 2013.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law or ordinance 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 Martinsburg 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 Clerk of the Town of Martinsburg
by impressing thereon the Seal of the Town of Martinsburg, 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 and ordinances known collectively as the
"Code of the Town of Martinsburg" or any new local laws or ordinances,
when enacted or adopted in such form as to indicate the intention
of the Town 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 or ordinance
contained herein, and such local laws and ordinances 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 Martinsburg
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 and ordinances
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,
local laws or ordinances until such changes, local laws or ordinances
are printed as supplements to said Code book, at which time such supplements
shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Town Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set by resolution of the Town Board.
The Clerk may also arrange for procedures for the periodic supplementation
of the Code.
Any person who alters or tampers with the Code of the Town of
Martinsburg in any manner whatsoever which will cause the legislation
of the Town of Martinsburg 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 and ordinances for publication as the Code of the Town of Martinsburg, no changes in the meaning or intent of such local laws and ordinances have been made, except as provided for in Subsection C 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 and ordinances had been previously formally amended to read as such.
B.
Specifically,
throughout the Code, the title "Land Use Officer" or "Building Inspector"
has been revised to "Code Enforcement Officer."
C.
In addition,
the amendments and/or additions as set forth in Schedule A[1] 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, ordinances and
resolutions as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-11C, the chapters, parts and sections which were added, amended, adopted or repealed 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) 8-21-2013 by L.L. No. 2-2013." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
