[Adopted 5-17-2021 by L.L. No. 1-2021]
In accordance with Subdivision 3 of Section 20 of the Municipal Home Rule Law, the local laws, ordinances, and certain resolutions of the Town of Lancaster, as codified by General Code, and consisting of Chapters
1 through
400, including any and all attachments, shall be known collectively as the "Code of the Town of Lancaster," hereinafter termed the "Town Code." Wherever reference is made in any of the local laws, ordinances, and resolutions contained in the Town Code to any other local law, ordinance, or resolution appearing in said Town Code, such reference shall be changed to the appropriate chapter title, chapter number, article number, or section number appearing in the Town Code as if such local law, ordinance, or resolution had been formally amended to so read. This local law and the Town Code adopted hereby shall supersede and replace the 1966 codification of the Town of Lancaster, as amended and supplemented. The fully amended Town Code is incorporated by reference as if set forth fully herein.
The provisions of the Town Code, insofar as they are substantively the same as those of local laws, ordinances, and resolutions in force immediately prior to the enactment of the Town Code by this local law, are intended as a continuation of such local laws, ordinances, and resolutions and not as new enactments. The effectiveness of such provisions shall date from the date of adoption of the 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, and it is the intention of the Town Board that each such provision contained within the Town Code is hereby reaffirmed as it appears in said Town Code. Only such provisions of former local laws and ordinances as are omitted from this Town Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
Except as provided in §
1-4 below, all local laws and ordinances, or parts of local laws and ordinances, inconsistent with the provisions contained in the Town Code adopted by this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Lancaster which is not in conflict with the provisions of the Town 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 Lancaster 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
Lancaster 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 Lancaster.
D. Any
agreement entered into or any franchise, license, right, easement,
or privilege heretofore granted or conferred by the Town of Lancaster.
E. Any
local law or ordinance of the Town of Lancaster 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 Lancaster or any portion thereof.
F. Any
local law or ordinance of the Town of Lancaster 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
Lancaster 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 of Lancaster 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 of Lancaster.
N. Any
local law adopted subsequent to November 16, 2020.
A copy of the Town Code, in loose-leaf form, has been filed
in the office of the Town Clerk of the Town of Lancaster 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 Lancaster
by impressing thereon the Seal of the Town, 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
Town Code is in effect. The enactment and publication of this local
law, coupled with the availability of a copy of the Town Code for
inspection by the public, shall be deemed, held, and considered to
be due and legal publication of all provisions of the Town Code for
all purposes.
Any and all additions, deletions, amendments or supplements
to any of the local laws, ordinances and resolutions known collectively
as the "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 Board to be a part thereof, shall be deemed to be incorporated
into such Town Code so that reference to the Town Code shall be understood
and intended to include such additions, deletions, amendments, or
supplements. Whenever such additions, deletions, amendments, or supplements
to the Town Code shall be enacted or adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the loose-leaf
book containing said Town Code as amendments and supplements thereto.
Nothing contained in this local law shall affect the status of any
local law, ordinance, or resolution contained herein, and such local
laws, ordinances, or resolutions 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 Town Code required to be
filed in the office of the Town Clerk for use by the public. All changes
in said Town 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 Board to be
a part of said Town Code shall, when finally enacted or adopted, be
included therein by temporary attachment of copies of such changes,
local laws, ordinances, or resolutions until such changes, local laws,
ordinances, or resolutions are printed as supplements to said Town
Code book, at which time such supplements shall be inserted therein.
Any person who alters or tampers with the Town Code in any manner
whatsoever which will cause the legislation of the Town of Lancaster
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.
In compiling and preparing the local laws, ordinances, and resolutions
for publication as the Town Code, 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 Town Code as if the local
laws, ordinances, and resolutions had been previously formally amended
to read as such.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Town Code, 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 through
1-13, inclusive.
If any part of this local law is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this local
law. The Town Board of the Town of Lancaster hereby declares that
it would have passed this local law and each section and subsection
thereof, irrespective of the fact that any one or more of these sections,
subsections, sentences, clauses, or phrases may be declared unconstitutional
or invalid.
This local law shall be effective immediately upon filing with
the New York Secretary of State.