[HISTORY: Adopted by the Town Board of the Town of Macedon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-28-1996 by L.L. No. 2-1996; amended in its entirety 12-9-1999 by L.L. No. 6-1999 (Ch. 1, Art. I, § 1-11A, of the 1996 Code)]
Unless otherwise provided, any person, firm or corporation who
or which shall violate any of the provisions of this Code or any rule
or regulation made pursuant thereto shall, upon conviction, be subject
to a fine of not less than $50 nor more than $250 or imprisonment
for a period not to exceed 15 days, or both for each offense. Each
day during which a violation of this Code shall occur shall be deemed
a separate, distinct and additional offense.
[Adopted 6-25-2020 by L.L. No. 3-2020]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions
of the Town of Macedon and former Village of Macedon, as codified
by General Code, T305, together with an Appendix, shall be known collectively
as the "Code of the Town of Macedon," hereafter termed the "Code."
Wherever reference is made in any of the local laws, ordinances and
resolutions contained in the Code of the Town of Macedon to any other
local law, ordinance 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, ordinance or resolution had been formally amended to so
read.
The provisions of the Code, insofar as they are substantively the same as those of the 1996 Code and local laws, ordinances 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, ordinances 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, 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 Macedon, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-4 below.
Except as provided in §
1-5, Enactments saved from repeal; matters not affected, below, all portions of the 1996 Code, local laws and ordinances, or parts of such 1996 Code, local laws or ordinances, 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 §
1-14; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Macedon which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of local laws and ordinances provided for in §
1-4 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 Macedon 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 Macedon 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 Macedon.
D. Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Macedon.
E. Any local
law or ordinance of the Town of Macedon 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 Macedon or any portion thereof.
F. Any local
law or ordinance of the Town of Macedon 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 Macedon 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 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, including, but not limited to, Local Law No. 7-1994,
pertaining to fees for mining operations, and sewer rent legislation.
N. Any local
law or ordinance adopted subsequent to September 24, 2019.
O. Local Law
No. 1-1984, pertaining to environmental quality review.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law, ordinance 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 copy of the Code, in loose-leaf form, has been filed in the
office of the Town Clerk of the Town of Macedon 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 Macedon by impressing
thereon the Seal of the Town of Macedon, 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, ordinances and resolutions known collectively
as the "Code of the Town of Macedon" or any new local laws 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 published
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
Code of the Town of Macedon. All changes in said Code and all local
laws 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 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.
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 Macedon in any manner whatsoever which will cause the legislation of the Town of Macedon 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 as set forth in Chapter
1, Article
I, of the Code.
A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Macedon, no changes in the meaning or intent of such local laws, ordinances 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 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.
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. (Chapter and section number
references are to the local laws, ordinances and resolutions as they
have been renumbered and appear in the Code.)
The provisions of this local law are hereby made Article
II of Chapter
1 of the Code of the Town of Macedon, such local law to be entitled "General Provisions, Article
II, Adoption of Code," and the sections of this local law shall be numbered §§
1-2 to
1-14, inclusive.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.