[HISTORY: Adopted by the Town Board of the Town of Moreau: Art. I, 7-27-1990
as L.L. No. 4-1990. Amendments noted where applicable.]
[Adopted 7-27-1990 as L.L. No. 4-1990]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions of the Town
of Moreau shall be known collectively as the "Code of the Town of Moreau,"
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 Moreau"
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, below, 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 Moreau, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Moreau 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therein are hereby repealed from and after the effective date of this local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 Moreau 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 Moreau, 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 Moreau.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Moreau.
E.
Any local law or ordinance of the Town of Moreau 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 Moreau or any portion thereof.
F.
Any local law or ordinance of the Town of Moreau 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 Moreau
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 legislation pertaining to the establishment of an
Industrial Development Agency in the town.
L.
Any legislation adopted subsequent to July 11, 1989.
If any clause, sentence, paragraph, section, Article 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 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 Moreau 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 Moreau by impressing thereon the Seal of the Town
of Moreau, 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 and resolutions known collectively as the "Code
of the Town of Moreau," 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
or resolution contained therein, 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 Moreau 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 Moreau 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 Moreau, or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the Town of Moreau 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 and resolutions for publication as the Code of the Town of Moreau, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B, C and D 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 and resolutions had been previously formally amended to read as such.
B.
Wherever the term "Building Inspector" or the term "Code
Enforcement Officer" has been used, the term is changed to "Building Inspector
and/or Code Enforcement Officer."
C.
Penalty provisions in the following sections are amended to provide, in substance, that any person violating any of the provisions of the chapter or Article involved shall be guilty of an offense punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both: §§ 52-3 (original Section 13-3), 65-5 (original § 15-5), 87-10 (original § 21-10). 117-14 (original § 26-14), 121-3 (original § 25-3), 145-36 (original § 35-37), 145-76 (original § 36-40).
D.
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.)[1]
[1]
Editor's Note: Pursuant to § 1-11D, the following sections have been added or amended: §§ 8-6, 45-1, 52-7A, 59-2, 59-3, 59-6, 59-7, 87-6, 87-7, 87-8A and C, 91-1C and D, 91-2, 91-3A, 91-6B, C and E(6), 91-7B, 91-11A, 91-14A(3) and B(1), 91-15B(1), 96-3, 96-5C and D, 96-7, 96-11, 96-16, 96-188, 105-2, 105-5E, 105-6, 105-7, 105-14, 117-4A(1) and C(6), 117-7, 117-8, 121-7, 121-8, 121-9, 127-3A, 127-6, 127-7, 127-12, 139-5, 145-20, 145-21, 145-26A, 145-57, 145-58, 145-63A and 145-75G. The following chapters and Articles were adopted or amended: Ch. 65, Art. II, and Chs. 70, 74, 102, 109, 113, 134 and 136. The following provisions of the 1973 Code were deleted: Ch. 15, Art. III and § 28-11.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
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[During the process of codification, new enactments were approved by the Town Board for inclusion in the Code of the Town of Moreau. Such enactments are noted in the histories of individual chapters as" . . . adopted during codification; see Ch. 1, General Provisions, Art. II." During the course of routine supplementation, specific adoption dates will be inserted where pertinent in the text of the various chapters. ] The listing below sets forth each chapter and, where applicable, each section affected by any such legislation adopted during codification. The complete text of such legislation is on file in the office of the Town Clerk, where it may be inspected during regular office hours.]
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The listing below sets forth each chapter and, where applicable,
each section affected by any such legislation adopted during codification.
The complete text of such legislation is on file in the office of the Town
Clerk, where it may be inspected during regular office hours.]
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Chapter/Section
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Local Law Number
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Adoption Date
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Ch. A155, Personnel Policies, Art. II, Leave Policy
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2-1990
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7-27-1990
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Ch. A156. Recreation Commission Bylaws
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3-1990
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7-27-1990
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