[HISTORY: Adopted by the Town Board of the Town of Tusten
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-22-2018 by L.L. No. 2-2018]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Town of Tusten, as codified by General Code, and consisting of Chapters 1 through 300, together with an Appendix, shall be known collectively as the "Code of the Town of Tusten," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Town of Tusten" 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 Tusten, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature
of the Town of Tusten 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in force by reference therein are hereby repealed from and after the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.
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 Tusten 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
Tusten 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 Tusten.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Town of Tusten.
E.
Any
local law or ordinance of the Town of Tusten 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 Tusten or any portion thereof.
F.
Any
local law or ordinance of the Town of Tusten 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
Tusten 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 relating to or establishing a pension plan
or pension fund for Town employees.
L.
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.
M.
Local
Law No. 3-2011, adopting a new Zoning Law; and any local law amending
the Zoning Law or Zoning Map.
N.
Any
local law or ordinance adopted subsequent to February 13, 2018.
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 Tusten 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 Tusten by impressing
thereon the Seal of the Town of Tusten, 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 Tusten" 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 published
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 or 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
Code of the Town of Tusten. 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 published as supplements to said Code book, at which
time such supplements shall be included 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
Tusten in any manner whatsoever which will cause the legislation of
the Town of Tusten 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 Tusten, no changes in the meaning or intent of such local laws or ordinances 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 and ordinances had been previously formally amended to read as such.
B.
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 and ordinances
as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-11B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance 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, repealed) 10-22-2018 by L.L. No. 2-2018." 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.
