Town of Lafayette, NY General Provisions

[HISTORY: Adopted by the Town Board of the Town of LaFayette as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 12-8-2020 by L.L. No. 2-2020]

§ 1-1 Code adopted; continuation of existing provisions.

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.

§ 1-2 Code on file; additions and amendments.

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.

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.

§ 1-3 Notice; publication.

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.

§ 1-4 Severability.

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.

§ 1-5 Repeal of inconsistent enactments.

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.

§ 1-6 Enactments saved from repeal; matters not affected.

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:

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.

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.

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.

Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of LaFayette.

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.

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.

Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any local law or ordinance relating to salaries and compensation.

Any local law or ordinance amending the Zoning Map.

Any local law or ordinance relating to or establishing a pension plan or pension fund for Town employees.

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.

Any local law or ordinance adopted subsequent to July 14, 2020.

§ 1-7 Changes in previously adopted legislation; new provisions.

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.

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.)

§ 1-8 Titles and headings; editor's notes.

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.

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.

§ 1-9 Penalties for tampering with Code.

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.

§ 1-10 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

§ 1-11 through § 1-15. (Reserved)

Article II General Penalty

[Adopted 12-8-2020 by L.L. No. 2-2020]

§ 1-16 Penalties for offenses generally.

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.

§ 1-17 Continuing offenses.

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.

§ 1-18 Additional remedies.

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.