[Adopted 9-18-2017 by L.L. No. 18-2017]
This article is adopted pursuant to Municipal Home Rule Law
§ 10, Subdivision 1(ii)(a)(1), that grants to local governments
the authority to enact local laws regarding the qualification of local
officers. Furthermore, this article recognizes that the State Legislature
amended Public Officers Law § 3, adding a new Subdivision
20 expanding the residency requirements for a deputy town clerk in
the Town of Canandaigua, thereby rendering Public Officers Law § 3
a special law with respect to a deputy town clerk. [See cf N.Y. Op.
Atty. Gen. (Inf.) No. 91-37.]
The article shall supersede Public Officers Law § 3
and Town Law § 23(1) in its application to the office of
Deputy Town Clerk for the Town of Canandaigua.
The persons holding the office of Deputy Town Clerk need not
be a resident nor an elector of the Town of Canandaigua; provided,
however, that such person or persons shall reside in Ontario County
within the State of New York.
All other laws and ordinances of the Town of Canandaigua that
are inconsistent with the provisions of this article are hereby repealed;
provided, however, that such repeal shall only be to the extent of
such inconsistency and, in all other respects, this article shall
be in addition to such other local laws or ordinances regulating and
governing the subject matter covered by this article.
If any clause, sentence, paragraph, word, section or part of
this article shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal, or invalid, such judgment shall not
affect, impair, or invalidate the remainder, thereof, but shall be
confined in its operation of the clause, sentence, paragraph, worked
section or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
