[HISTORY: Adopted by Dutchess County as indicated in article
histories. Amendments noted where applicable.]
STATUTORY REFERENCES
Authority to adopt codification of local laws — See
Municipal Home Rule Law § 20.
[Adopted 2-10-2020 by L.L. No. 2-2020]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and certain resolutions of the County of Dutchess, as codified by General Code, and consisting of Chapters 1 through 275, together with an Appendix, shall be known collectively as the "Code of Local Laws of the County of Dutchess," hereafter termed the "Code." Wherever reference is made in any of the local laws and resolutions contained in the "Code of Local Laws of the County of Dutchess" to any other local law or resolution 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 resolution 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 resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the County Legislature of the County of Dutchess, and it is the intention of said County Legislature 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 Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
A.
Repeal of inconsistent enactments. Except as provided in § 1-4, Enactments saved from repeal; matters not affected, below, all local laws or parts of such local laws inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-13; provided, however, that such repeal shall only be to the extent of such inconsistency,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 County of Dutchess which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
Repeal of
specific enactments. The County Legislature of the County of Dutchess
has determined that the following local laws and/or ordinances are
no longer in effect and hereby specifically repeals the following
legislation:
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 the County of Dutchess 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 County of Dutchess
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 County of Dutchess.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the County of Dutchess.
E.
Any local
law of the County of Dutchess providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacating of any right-of-way,
easement, street, road, highway, park or other public place within
the County of Dutchess or any portion thereof.
F.
Any local
law of the County of Dutchess appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the County of Dutchess 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 relating to or establishing a pension plan or pension fund for
County employees.
L.
Any local
law or portion of a local law establishing a specific fee amount for
any license, permit or service obtained from the County.
M.
Any local
law adopted subsequent to February 10, 2020.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law or resolution 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 digital copy of the Code is available online at: https://www.ecode360.com/DU1148
and shall remain there for use and examination by the public. The
enactment and publication of this local law, coupled with the availability
of a copy of the Code for inspection by the public online, 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 resolutions known collectively as the
"Code of Local Laws of the County of Dutchess" or any new local laws
or resolutions, when enacted or adopted in such form as to indicate
the intention of the County 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 published as amendments and supplements to the Code. Nothing contained
in this local law shall affect the status of any local law or resolution
contained herein, and such local laws or resolutions may be amended,
deleted or changed from time to time as the County Legislature deems
desirable.
It shall be the duty of the Clerk of the County Legislature
to keep up-to-date the digital copy of the Code of Local Laws of the
County of Dutchess required to be filed in the office of the Clerk
of the County Legislature for use by the public. All changes in said
Code and all local laws and resolutions adopted by the County Legislature
subsequent to the enactment of this local law in such form as to indicate
the intention of said County Legislature 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 resolutions until
such changes, local laws or resolutions are published as supplements
to said Code, at which time such supplements shall be included therein.
The Code is available on line at this link: https:// www.ecode360.com/DU1148
or any chapter or portion of it, may be purchased from the Clerk of
the County Legislature, or an authorized agent of the Clerk, upon
the payment of a fee.
Any person who alters or tampers with the Code of the County
of Dutchess in any manner whatsoever which will cause the legislation
of the County of Dutchess 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 resolutions for publication as the Code of the County of Dutchess, no changes in the meaning or intent of such local laws 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 County Legislature that all such changes be adopted as part of the Code as if the local laws and resolutions 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.[1] (Chapter and section number references are to the local
laws and resolutions as they have been renumbered and appear in the
Code.)
[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) 2-10-2020 by L.L. No. 2-2020." 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.
