[HISTORY: Adopted by the Town Board of the
Town of Henrietta as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-18-2015 by L.L. No. 1-2015]
This recodification of the Henrietta Town Code is in accordance
with the New York Municipal Home Rule Law, including § 20(3).
A.
This law
shall be known as and may be cited as "Local Law No. 1 of 2015 to
Update and Revise the Henrietta Town Code, Including the Ordinances
and Local Laws which Comprise it, by Recodifying the Henrietta Town
Code."
B.
The purpose
of this local law, in accordance with the New York Municipal Home
Rule Law, is to recodify the Henrietta Town Code, including those
local laws, ordinances and resolutions which comprise it, wherein
certain provisions thereof will be updated, modified, revised and/or
repealed.
A.
Several years
prior to the proposal of the instant local law to recodify the Henrietta
Town Code, the Town of Henrietta undertook to comprehensively review
the Henrietta Town Code and revise it where needed. The origin of
this undertaking was the confirmation by the Henrietta Town Board
that the Henrietta Town Code had been long overdue for such a review,
such that, in consideration of the changes in the Town itself, New
York law, and society over a number of years, many of the Code's provisions
were likely outdated, inaccurate, internally/externally inconsistent,
etc., and further the Code was likely wholly lacking certain provisions
which should otherwise be present.
B.
As a result
of the review, the Henrietta Town Board found that the Code indeed
required updating, and called for a comprehensive revision and update,
or "recodification" of the Henrietta Town Code. This process involved
over four years of work by Town officials, Town staff, Town consultants,
and the Town residents. The culmination of work is this proposed local
law and associated updated Code, which aims to bring the Henrietta
Town Code up to date.
A.
Henrietta Town Code as existing prior to this local law. In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Henrietta, as codified over a number of years by General Code, and consisting of Chapters 1 through 295, together with an Appendix, have been known collectively as the "Code of the Town of Henrietta." The Code as it exists prior to the enactment of this local law is referred to herein as the "Pre-2015 Code." The proposed Code which would be implemented by this local law is referred to herein as the "2015 Updated Code" or the "Code."
B.
Copy of 2015
Updated Code on file. A copy of the 2015 Updated Code, in loose-leaf
form, has been filed in the office of the Town Clerk of the Town of
Henrietta 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 Henrietta by impressing thereon the Seal of the Town of
Henrietta, 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 2015 Updated Code is in effect.
Furthermore, said 2015 Updated Code is also available for review and
download on the Town of Henrietta website. 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 Updated 2015
Code for all purposes. Such Updated 2015 Code, after enactment of
this local law, shall be referred to as the "Henrietta Town Code."
C.
Details on
changes comprising the 2015 Updated Code.
(1)
In compiling
and preparing the local laws, ordinances and resolutions for publication
as the 2015 Updated Code of the Town of Henrietta, a number of changes
were made to the Pre-2015 Code. Many of those changes included certain
grammatical changes and other minor nonsubstantive changes which 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.
(2)
However,
a number of more major, substantive changes were also made with regard
to the Code of the Town of Henrietta. For the convenience only of
Town residents in examining what the Town Board considers to be the
major substantive changes, such changes have been captured in Schedule
A, attached hereto and made a part hereof.[1]
[1]
Editor's Note: Schedule A is available in the Town offices.
(3)
Should
a resident wish to glean what the Town Board considered to be the
main substantive and major changes to the Code, the Town Board feels
that Schedule A would provide a fair overview. However, for a comprehensive
review of all changes, including substantive changes that may not
be a part of Schedule A, residents should review Schedule B hereto,
which is the full text of proposed 2015 Updated Code in its entirety.[2]
[2]
Editor's Note: Schedule B is available in the Town offices.
D.
Continuation
of existing Code provisions. The provisions of the Pre-2015 Code in
force immediately prior to the enactment of this local law, insofar
as they are present in and substantively the same as those of local
laws, ordinances, resolutions and provisions which comprise the 2015
Updated Code, are intended as a continuation of such local laws, ordinances,
resolutions and provisions and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of such 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 Henrietta, and it
is the intention of said Town Board that each such provision contained
within the Pre-2015 Code is hereby reaffirmed as it appears in said
2015 Updated Code.
E.
Enactment
of the 2015 Updated Code. The Town of Henrietta Town Code is hereby
recodified such that the Town of Henrietta Town Code shall now comprise
the 2015 Updated Code, which is set forth in its entirety at and shall
read as set forth in Schedule B hereto,[3] and which shall hereinafter be referred to as the "Henrietta
Town Code."
[3]
Editor's Note: Schedule B is available in the Town offices.
F.
Repeal of
enactments not included in 2015 Updated Code.
(1)
All local
laws and ordinances of a general and permanent nature of the Town
of Henrietta in force on the date of the adoption of this local law
and not contained in the 2015 Updated Code or recognized and continued
in force by reference therein are hereby repealed from and after the
effective date of this local law, except as otherwise set forth herein.
G.
Enactments saved from repeal. The repeal of local laws and ordinances provided for in Subsection F of this section shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
(1)
Any right
or liability established, accrued or incurred under any legislative
provision of the Town of Henrietta prior to the effective date of
this local law or any action or proceeding brought for the enforcement
of such right or liability.
(2)
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 Henrietta
or any penalty, punishment or forfeiture which may result therefrom.
(3)
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 Henrietta.
(4)
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Henrietta.
(5)
Any local
law or ordinance of the Town of Henrietta 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 Henrietta or any portion thereof.
(6)
Any local
law or ordinance of the Town of Henrietta 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 Henrietta or
other instruments or evidence of the Town's indebtedness.
(7)
Local
laws or ordinances authorizing the purchase, sale, lease or transfer
of property, or any lawful contract, agreement or obligation.
(8)
The levy
or imposition of special assessments or charges.
(9)
The annexation
or dedication of property.
(10)
Any
local law or ordinance relating to salaries and compensation.
(11)
Any
local law or ordinance amending the Zoning Map.
(12)
Any
local law or ordinance relating to or establishing a pension plan
or pension fund for Town employees.
(13)
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.
(14)
Any
local law or ordinance adopted subsequent to February 14, 2013.
H.
Incorporation of local law provisions. The provisions of this instant local law are hereby made Article I of Chapter 1 of the Code of the Town of Henrietta, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-6, inclusive.
I.
Future 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 Henrietta" or the "Henrietta Town Code"
or any new local laws, ordinances or resolutions, 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. Such local laws, ordinances or
resolutions may be amended, deleted or changed from time to time as
the Town Board deems desirable, pursuant to New York law.
J.
Code to be
kept up-to-date. It shall be the duty of the Town Clerk to keep up-to-date
the Code of the Town of Henrietta. 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 a part of said Code shall, when
finally enacted or adopted, be included therein.
K.
Sale of Code;
supplementation. 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.
L.
Penalties
for tampering with Code. Any person who alters or tampers with the
Code of the Town of Henrietta in any manner whatsoever which will
cause the legislation of the Town of Henrietta 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.
Should any word, section, clause, paragraph, sentence, article,
part or provision of this local law or of any local law or resolution
included in this 2015 Updated Code be declared invalid by a court
of competent jurisdiction, such determination shall not affect the
validity of any other part hereof.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
