[HISTORY: Adopted by the Board of Supervisors (now County Legislature)
of the County of Sullivan as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-20-1999 by L.L. No. 4-1999]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws of the County of Sullivan, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 182, together with an Appendix, shall be known collectively as the "Code of the County of Sullivan," hereafter termed the "Code." Wherever reference is made in any of the local laws contained in the "Code of the County of Sullivan" to any other local law 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 had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the County Legislature of the County of Sullivan, and it is the intention of said Legislature that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws of a general and permanent nature of the County of Sullivan
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repealed from and after the effective date of this local law.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 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 County of Sullivan 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 provision of the County
of Sullivan 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 County of Sullivan.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the County
of Sullivan.
E.
Any local law or ordinance of the County of Sullivan
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 County of Sullivan or any portion thereof.
F.
Any local law or ordinance of the County of Sullivan
appropriating money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the County
of Sullivan or other instruments or evidence of the county's indebtedness.
G.
Local laws or ordinances authorizing the purchase, sale,
lease or transfer of property or any lawful contract, agreement 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 establishing vehicle and traffic
regulations, such as parking meter zones.
L.
Any local law or ordinance relating to or establishing
a pension plan or pension fund for county employees.
M.
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 county.
N.
Any local law authorizing a town to audit claims.
O.
Any local law adopted subsequent to 2-20-1999.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law or of any local law or ordinance 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 Clerk of the Legislature of the County of Sullivan 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 by the Clerk of the Legislature of the County of Sullivan by impressing
thereon the Seal of the county, and such certified copy shall remain on file
in the office of said Clerk of the Legislature 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, known collectively as the "Code of the County of Sullivan"
or any new local laws or ordinances, when enacted or adopted in such form
as to indicate the intention of the County Legislature 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 contained herein, and such
local laws or ordinances may be amended, deleted or changed from time to time
as the County Legislature deems desirable.
It shall be the duty of the Clerk of the Legislature to keep up-to-date
the certified copy of the book containing the Code of the County of Sullivan
required to be filed in the office of the Clerk of the Legislature for use
by the public. All changes in said Code and all local laws and ordinances
adopted by the County Legislature subsequent to the enactment of this local
law in such form as to indicate the intention of said Legislature 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 ordinances
until such changes, local laws or ordinances are printed as supplements to
said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased
from the Clerk of the Legislature, or an authorized agent of the Clerk, upon
the payment of a fee to be set by resolution of the County Legislature. The
Clerk may also arrange for procedures for the periodic supplementation of
the Code.
Any person who, without authorization from the Clerk of the Legislature,
changes or amends, by additions or deletions, any part or portion of the Code
of the County of Sullivan or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the County of Sullivan 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 for publication as the Code of the County of Sullivan, no changes in the meaning or intent of such local laws have been made, except as provided for in Subsections B and C 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 County Legislature that all such changes be adopted as part of the Code as if the local laws had been previously formally amended to read as such.
B.
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 as they have been renumbered and appear
in the Code.)[1]
[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) 5-20-1999 by L.L. No. 4-1999." Schedule A, which contains a complete description of all changes, is on file in the county offices.
C.
The following nomenclature changes are made throughout
the Code:
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
