[HISTORY: Adopted by the Town Board of the Town of Clarkstown as indicated in article histories. Amendments noted where applicable.]
Article I Definitions
Article II Adoption of Code
[Adopted 4-3-1974 by L.L. No. 2-1974 as Art. I of Ch. 1 of the 1974 Code; amended 9-11-1991 by L.L. No. 6-1991]
For the purpose of this Code, the terms used herein are defined as follows:
- BUILDING INSPECTOR
- The Building Inspector of the Town of Clarkstown, also known
as the "Chief Code Enforcement Officer."[Amended 6-16-2009 by L.L. No. 4-2009]
- CHIEF OF POLICE
- That member of the Department of Police of the Town of Clarkstown designated by the Town Board to be in charge of said Department and its members.
- DIRECTOR OF ENVIRONMENTAL CONTROL
- The Director of the Department of Environmental Control of the Town of Clarkstown.
- Includes an individual, corporation, partnership, association or any other organized group of persons, or legal successor or representative of any of the foregoing.
- SUPERINTENDENT OF HIGHWAYS
- The Superintendent of Highways of the Town of Clarkstown.
- The Town of Clarkstown.
- TOWN BOARD
- The Town Board of the Town of Clarkstown.
- TOWN CLERK
- The Clerk of the Town of Clarkstown.
Unless specifically defined herein, words or phrases used in this Code shall be interpreted so as to give them the meanings they have in common usage and to give each chapter its most reasonable application.
[Adopted 9-11-1991 by L.L. No. 6-1991]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Clarkstown shall be known collectively as the "Code of the Town of Clarkstown," 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 Clarkstown" 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 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 Clarkstown, 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 § 1-4 below.
All local laws and ordinances of a general and permanent nature of the Town of Clarkstown 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 § 1-4 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal.
Any right or liability established, accrued or incurred under any legislative provision of the Town of Clarkstown prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
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 Clarkstown 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 Clarkstown.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Clarkstown.
Any local law or ordinance of the Town of Clarkstown 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 Clarkstown or any portion thereof.
Any local law or ordinance of the Town of Clarkstown 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 Clarkstown 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 or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any legislation relating to salaries.
Any local law or ordinance amending the Zoning Map.
Any legislation adopted subsequent to December 11, 1990.
Any legislation relating to zoning.
Any legislation relating to a Code of Ethics.
Any legislation relating to plumbing.
Any legislation relating to the Board of Appeals.
Any police regulations legislation.
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 Clarkstown 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 Clarkstown by impressing thereon the Seal of the Town of Clarkstown, 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 Clarkstown" or any new local laws, ordinances 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 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 certified copy of the book containing the Code of the Town of Clarkstown 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, ordinances 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, ordinances or resolutions until such changes, local laws, ordinances 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 Clarkstown 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 Clarkstown or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Clarkstown 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 two hundred fifty dollars ($250.) or imprisonment for a term of not more than fifteen (15) days, or both.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Clarkstown, 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 (1) 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 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 and resolutions as they have been renumbered and appear in the Code.)
Editor's Note: Pursuant to § 1-12B, the following chapters, articles and sections were added or amended: Art. I of Ch. 1; §§ 4-1 and 4-2; Ch. 6; §§ 13-2, 16-3, 16-5, 16-8, 43-7, 47-2, 68-2A, 91-4A(2)(a), 91-9A(2) and (3) and B, 91-10A(3)(a), 93-4, 95-1, 95-2, 95-7, 102-2, 102-5A and B, 102-9, 102-10, 102-11A, 102-12, 102-13, 102-14A, 102-15, 109-4C and E(1), 109-17, 109-19, 109-22, 109-27, 111-2, 117-4B, 117-6A, 117-12, 120-1, 125-3, 125-7, 128-5A and C, 128-6, 133-3A, 133-5, 136-2, 143-6A, 143-13, 143-109, 149-7, 149-19, 157-7, 188-2, 198-4A, 198-5, 198-6, 200-3, 205-1, 208-3, 208-10, 216-3C, 224-2, 236-1, 236-34B, 236-35B, 236-36B and C, 236-37, 236-48A(2) and B, 236-75A, 239-1, 239-6B, 244-4A, 244-10, 244-11C, 246-11B, 246-13A and B, 250-1, 250-6, 250-8, 250-9, 250-10A and B, 250-11B, 250-30, 254-7, 254-10A and C, 254-11D, 254-16, 254-18A, 254-30E, 256-1, 258-2D and I, 278-3, 278-6A(3) and (13), 278-11H(3), 278-12B, 278-13A(3) and B(2) and 278-14B.
The following articles and sections were deleted: original § 21-3D, 27-3 and 29-4B(7) of the 1974 Code; Art. II of original Ch. 23 of the 1974 Code; original § 67-5 of the 1974 Code; Art. II of original Ch. 83 of the 1974 Code; and original § 91-2, 91-7, 91-8 and 102-8 of the 1974 Code.
A complete description of these 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.