[HISTORY: Adopted by the Town Board of the Town of LaFayette
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-8-2020 by L.L. No. 2-2020]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of LaFayette, as codified and consisting of Chapters 1 through 375, together with an Appendix, are hereby approved, adopted and enacted as the Code of the Town of LaFayette, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the 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.
A.
A copy of
the Code has been filed in the office of the Town Clerk and shall
remain there for use and examination by the public until final action
is taken on this local law. Following adoption of this local law,
such copy shall be certified to by the Clerk of the Town of LaFayette
by impressing thereon the Seal of the Town, as provided by law, and
such certified copy shall remain on file in the office of the Town
Clerk, to be made available to persons desiring to examine the same
during all times while said Code is in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the governing body to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the Town of LaFayette" shall be understood and intended to
include such additions and amendments. Nothing contained in this local
law shall affect the status of any local law, ordinance or resolution
contained in the Code, and such local laws, ordinances or resolutions
may be amended, deleted or changed from time to time as the Town Board
deems desirable.
The Clerk of the Town of LaFayette shall cause notice of the
enactment of this local law to be given in the manner required by
law. The notice of the enactment 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.
Each section of this local law and of the Code and every part
of each section is an independent section or part of a section, and
the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All local laws and ordinances, or parts of such local laws or
ordinances, inconsistent with the provisions contained in the 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 LaFayette 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 § 1-5 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 LaFayette 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 LaFayette
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 LaFayette.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of LaFayette.
E.
Any local
law or ordinance of the Town of LaFayette 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 LaFayette or any portion thereof.
F.
Any local
law or ordinance of the Town of LaFayette 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 LaFayette 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.
N.
Any local
law or ordinance adopted subsequent to July 14, 2020.
A.
In compiling
and preparing the local laws, ordinances and resolutions for publication
as the Code of the Town of LaFayette, 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.)
A.
Chapter and
article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
Any person who alters or tampers with the Code of the Town of
LaFayette in any manner whatsoever which will cause the legislation
of the Town of LaFayette 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.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
[Adopted 12-8-2020 by L.L. No. 2-2020]
Except where specific maximum penalties provided elsewhere in
the Code of the Town of LaFayette are greater than the maximum penalty
set forth herein, in a state law or in another local law of the Town
for a particular offense, unlawful act or prohibited act, any person
who shall commit an offense against any provision of the Code of the
Town of LaFayette or any provision of any other Town local law referring
to these general penalty provisions or against any regulation duly
authorized and adopted pursuant to a local law of the Town of LaFayette,
by doing any act prohibited or declared to be an offense, unlawful
act or prohibited act thereby, or who shall engage in or exercise
any business or occupation or do anything for which a license or permit
is required thereby without having a valid license or permit therefor
as required, or who shall fail to do any act when such provision declares
such failure to be an offense, unlawful act or prohibited act, shall,
upon conviction thereof, be deemed guilty of a violation as defined
by the Penal Law of the State of New York, punishable by a fine not
exceeding $500 or by imprisonment for not more than 15 days, or by
both such fine and imprisonment.
The continuation of an offense for each successive day shall
constitute a separate violation, and the person or persons allowing
or permitting the continuation of the offense may be punished as provided
above for each such separate violation.
The imposition of a penalty as provided above or as specifically
provided in any chapter of the Code of the Town of LaFayette or other
local law of the Town shall be in addition to any injunctive or remedial
relief or any civil penalty which is authorized under the laws of
the State of New York or the local laws of the Town of LaFayette,
with the same force and effect as though provided for herein. Any
penalty or relief shall not be deemed to be in lieu of any provision
for revocation or suspension of any license or permit.
