[HISTORY: Adopted by the Town Board of the Town of Geddes as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-19-2001 by L.L. No. 1-2001]
A.
By Local Law No. 1 of the year 1974 the Town Board of
the Town of Geddes (hereinafter "Town Board") compiled all then-existing local
laws, ordinances and resolutions of the Town of Geddes (hereinafter "town")
into the "Code of the Town of Geddes." That Code of the Town of Geddes, as
same has been amended from time to time, shall be referred to herein as the
"Old Code." It is the intent of the Town Board, by the enactment of this local
law, to reformat, amend, replace and supersede the Old Code with a new document
also entitled "Code of the Town of Geddes."
B.
In accordance with Subdivision 3 of § 20 of
the Municipal Home Rule Law, the Old Code is hereby reformatted, amended,
replaced and superseded, in its entirety, with the document entitled "Code
of the Town of Geddes," a copy of which is attached hereto and shall be referred
to herein as the "Code."
The provisions of the Code, insofar as they are the same as those of 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 and 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 Geddes, 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; provided, however, to the extent that the Code amends, changes or modifies any earlier existing local laws, ordinances or resolutions or part thereof, including but not limited to the Old Code, these amendments, changes and modifications shall become effective on the effective date of this local law. Any provisions of former local laws and ordinances, including, without limitation, the Old Code, as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below, subject to the provisions of § 1-4 below.
Subject to the provisions of § 1-4 below, all local laws and ordinances of general and permanent nature of the Town of Geddes, including but not limited to the Old Code, in force on the date of the adoption of this local law and not contained in the Code being enacted by this local law, 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 Geddes 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 provisions of the Town
of Geddes (including but not limited to the Old Code) 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 Geddes.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the Town of
Geddes.
E.
Any local law or ordinance of the Town of Geddes 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 Geddes or any portion thereof.
F.
Any local law or ordinance of the Town of Geddes 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 Geddes
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 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 of
the Town of Geddes.
L.
Any local law or ordinance relating to or establishing
a pension plan or pension fund for municipal employees or relating to any
service award program for volunteers.
M.
All personnel policies.
N.
The fee for any license, permit or service obtained from
the town, as such fee has been established by local law or ordinance or portion
of a local law or ordinance, but such fee amount may hereafter be changed
as provided in the Code.
O.
Any local law establishing or extending any moratorium,
including but not limited to the moratorium described in Local Law No. 2 of
the year 2000.
P.
Any local law enacted subsequent to July 11, 2000.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law or of any local law, ordinance and resolution included in
the Code, now or through amendment or 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. If any chapter of this Code shall be found invalid
by a court of competent jurisdiction, then the predecessor of that chapter,
if any, shall be deemed to have not been repealed and to be in full force
and effect.
A copy of the Code has been filed in the office of the Town Clerk of
the Town of Geddes 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 enacted, such copy shall be certified by the Town Clerk of the Town of
Geddes by impressing thereon the Seal of the Town of Geddes, 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.
Any and all future additions, deletions, amendments or supplements to
any of the local laws, ordinances and resolutions now set forth in the Code
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 included in the Code as amendments and supplements thereto.
It shall be the duty of the Town Clerk to keep up-to-date the certified
copy of the book containing the Code for the Town of Geddes 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 enacted or 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 Geddes, or authorized agent of the Clerk, 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 Board, changes or
amends, by additions or deletions, any part or portion of the Code or who
alters or tampers with such Code in any manner whatsoever which will cause
the legislation of the Town of Geddes to be misrepresented thereby 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 and resolutions for publication as the Code of the Town of Geddes, 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 enacted as a part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B.
The amendments and/or additions as set forth in Schedule
A,[1] attached hereto and made a part hereof, are intended to describe
the amendments, additions and changes being made to the Old Code and shall
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]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-9-2001 by L.L. No. 1-2001." Schedule A, which contains a complete description of all changes, is on file in the town offices.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
