[HISTORY: Adopted by the Town Board of the Town of Beekman
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-1990 by L.L. No. 5-1990]
Be it enacted by the Town Board of the Town of Beekman, County
of Dutchess, New York as follows:
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions
and motions of the Town of Beekman shall be known collectively as
the "Code of the Town of Beekman," hereafter termed the "Code." Wherever
reference is made in any of the local laws, ordinances, resolutions
and motions contained in the "Code of the Town of Beekman" to any
other local law, ordinance, resolution or motion 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, below, as if such local law, ordinance, resolution or
motion had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances, resolutions and motions in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws, ordinances, resolutions and motions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance, resolution or motion. 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 Beekman, and it is the intention of said 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Beekman 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in force by reference therein are hereby repealed from and after the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 Beekman prior to the effective date of this
local law, or any action or proceeding brought for the enforcement
of such right or liability.
B.
An
offense or act committed or done before the effective date of this
local law in violation of any legislative provision of the Town of
Beekman, 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
Beekman.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Beekman.
E.
Any
local law or ordinance of the Town of Beekman 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 Beekman or any portion thereof.
F.
Any
local law or ordinance of the Town of Beekman 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
Beekman 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 or obligation.
H.
The
levy or imposition of special assessments or charges.
I.
The
dedication of property.
J.
Any
legislation relating to salaries.
K.
Any
local law or ordinance amending the Zoning Map.
L.
All
legislation regulating vehicles and traffic.
M.
All
legislation relating to fire prevention and building construction.
N.
All
legislation pertaining to the subdivision of land.
O.
A
resolution adopted 4-12-1988 concerning investment policy.
P.
Any
legislation adopted subsequent to February 28, 1990.
If any clause, sentence, paragraph, section, article or part
of this local law or of any local law, ordinance, resolution or motion
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
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 Beekman 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 to by the Town Clerk of the Town of Beekman by
impressing thereon the Seal of the Town of Beekman, 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 the 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, resolutions and motions known
collectively as the "Code of the Town of Beekman," or any new local
laws 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 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 printed and, as provided hereunder, inserted in the loose-leaf
book containing said Code, as amendments and supplements thereto.
Nothing contained in this local law shall affect the status of any
local law, ordinance, resolution or motion contained herein, and such
local laws, ordinances, resolutions or motions 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 Code of the Town of Beekman
required to be filed in the office of the Town Clerk for use by the
public. 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 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 printed
as supplements to said Code book, at which time such supplements shall
be inserted therein.
Copies of the Code may be purchased from the Town Clerk of the
Town of Beekman upon the payment of a fee to be set by resolution
of the Town Board, which Board may also arrange by resolution for
procedures for the periodic supplementation thereof.
Any person who, without authorization from the Town Clerk, changes
or amends, by additions or deletions, any part or portion of the Code
of the Town of Beekman, or who alters or tampers with such Code in
any manner whatsoever which will cause the legislation of the Town
of Beekman 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, ordinances, resolutions and motions for publication as the Code of the Town of Beekman, no changes in the meaning or intent of such local laws, ordinances, resolutions and motions 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, resolutions and motions had been previously formally amended to read as such.
B.
In
addition, the following changes, amendments or revisions 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, resolutions and motions as they have been renumbered and
appear in the Code.)[1]
[1]
Editor's Note: Pursuant to § 1-11B, the following sections were added or amended: §§ 19-4A, 19-6B, 29-1, 41-1, 41-2B, 59-4, 59-5, 59-7, 71-14A, 93-1, 93-9, 99-8B, 105-3, 117-1, 117-2A(1), 117-2B, 117-3A(1), 121-4, 121-7, Ch. 149 and § 155-47A. Also, the original unnumbered paragraph, listing original appointments to the Conservation Advisory Council, in a resolution adopted 7-26-1973, was repealed.
A complete description of each change is included in the original
text of L.L. No. 5-1990, which is on file in the office of the Town
Clerk.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
