Any material contained in brackets shall not be deemed to be a part
of this Code. Such material contained therein is intended to show the adoption
date, effective date and comments on any changes. Likewise, any commentaries,
footnotes, cross-references, citations of authority or other annotations shall
not be deemed a part of this Code but are inserted editorially solely to assist
in the use and interpretation of this Code.
Wherever the requirements of any ordinance or portion thereof are at
variance with the requirements of any other lawfully adopted rules, regulation,
ordinance or other enactment, the most restrictive, or that imposing the highest
standards, shall govern, unless a contrary intent is expressly stated.
The provisions of this Code shall be liberally construed in order to
effectuate the purposes for which this Code and the ordinances and local laws
contained herein are enacted.
[Added 2-11-1991 by L.L. No. 1-1991]
A. If any clause, sentence, paragraph, section, article,
chapter or part of the Code of the Town of Blooming Grove shall be adjudged
by any court of competent jurisdiction to be inconsistent with any provision
of the Town Law or any special law, said clause, sentence, paragraph, section,
article, chapter or part shall amend or supersede in its application to this
Code any provision of the Town Law or special law relating to the property,
affairs or government of the Town or other matters in relation to which and
to the extent to which it is authorized to adopt local laws by Article IX
of the State Constitution or § 10 of the Municipal Home Rule Law,
unless the legislature expressly shall have prohibited the adoption of such
a local law.
B. Consistent with Municipal Home Rule Law § 22,
the failure of the Town Board in adopting a local law changing or superseding
any provision of a state statute or of a prior local law or ordinance to specify
the chapter or local law or ordinance, number and year of enactment, section,
subsection or subdivision which it is intended to change or supersede shall
not under any circumstance affect the validity of such local law. Necessary
implications and intendments that such local law change or supersede such
state statutes, prior local law or ordinance shall be supplied and given effect
and shall be as much a part thereof as if written therein.
C. The following sections shall be specifically superseded,
as applicable: Town Law § 1 through the end, inclusive, or any special
law, except where the legislature has expressly prohibited supersession.