Town of Chester, NY General Provisions

It is the intent of this local law to establish a codification of ordinances, local laws and certain resolutions of the Town of Chester, for the purposes of increasing the effectiveness of Town governmental administration, providing for greater public awareness of and access to Town legislation and protecting the health, safety and welfare of Town inhabitants. The local laws, ordinances and certain resolutions of the Town of Chester referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Chester," and the various parts and sections of such local laws, ordinances and certain resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.

§ 1-2 Distribution of local laws and ordinances; Derivation Table.

The chapters, articles and sections of the Code of the Town of Chester (hereinafter "Code") are derived from the ordinances, local laws and certain resolutions of the Town of Chester as set forth below, and the ordinances, local laws and certain resolutions of said Town are distributed and designated as indicated. (Omitted sections pertain to repeal, severability or when effective provisions, which are covered by provisions of this local law or are ordinance or local law title sections which are not necessary in a codification having chapter and/or article titles for the various ordinances and local laws included therein. Certain sections are also omitted as their provisions, by their nature, are no longer effective.)

Derivation Table
New Number (chapter, title, article, section)	Old Number (source)	Adoption or Amendment Date
Chapter 1, General Provisions
Article I, Adoption of Code	(This local law)
§§ 1-1 through 1-14	§§ 1-1 through 1-14
Chapter 4, Appearance Tickets	L.L. No. 2-1980	7-1-1980
§§ 4-1 through 4-3	Secs. 1 through 3
Chapter 7, Ethics, Code of	L.L. No. 4-1970	10-6-1970
§ 7-1	Art. I, Sec. 1, first paragraph
§ 7-2	Art. I, Sec. 1, second paragraph
§ 7-3A and B	Art. II, Secs. 1 and 2
§§ 7-4 through 7-7	Arts. III through VI
Omitted	Art. VII
Chapter 13, Local Laws, Adoption of	L.L. No. 1-1966	4-5-1966
§§ 13-1 through 13-5	Secs. 1 through 5
Omitted	Sec. 6
Chapter 16, Officers and Employees
Art. I, Superintendent of Highways	L.L. No. 3-1970	9-10-1970
§§ 16-1 through 16-3	Secs. 1 through 3
Art. II, Assessors	L.L. No. 4-1973	8-31-1973
Omitted	Sec. One
§§ 16-4 through 16-7	Secs. Two through Five
Art. III, Defense in Civil Actions	L.L. No. 1-1980	7-1-1980
§§ 16-8 through 16-15	Secs. 1 through 8
Omitted	Secs. 9 and 10
Chapter 33, Alcoholic Beverages
Art. I, Open Containers	L.L. No. 3-1980	7-1-1980
§§ 33-1 through 33-5	Secs. 1 through 5
Omitted	Secs. 6 and 7
Chapter 38, Buildings, Unfit	L.L. No. 1-1970	3-3-1970
§§ 38-1 through 38-9	Secs. 1 through 9
Omitted	Secs. 10 and 11
Chapter 42, Dogs
Art. I, Running at Large	L.L. No. 1-1975	12-16-1975
§§ 42-1 through 42-5	Secs. 1 through 5
Omitted	Secs. 6 and 7
Art. II, License Fees	L.L. No. 1-1979	8-7-1979
§§ 42-6 and 42-7	Secs. 1 and 2
Omitted	Sec. 3
Chapter 45, Electrical Standards	Ordinance	8-7-1973
Omitted	Sec. 1
§§ 45-1 and 45-2	Secs. 2 and 3
§ 45-3	Sec. 4	Amended 12-10-1980
Omitted	Secs. 5 and 6
Chapter 52, Flood Damage Control	Resolution	9-20-1974
§§ 52-1 through 52-3	Secs. 1 through 3
Chapter 54, Freshwater Wetlands	L.L. No. 1-1976	8-30-1976
Omitted	Sec. 1
§§ 54-1 through 54-16	Secs. 2 through 17
Omitted	Secs. 18 and 19
Chapter 63, Littering	L.L. No. 2-1970	8-4-1970; amended in its entirety 6-24-1974 by L.L. No. 2-1974
Omitted	Sec. 1
§ 63-1	Sec. 11 (except last paragraph)
§§ 63-2 through 63-10	Secs. 2 through 10
§ 63-11	Sec. 11, last paragraph
§ 63-12A and B	Secs. 12 and 13
§ 63-13	Sec. 14
Omitted	Sec. 15
Chapter 77, Sewers	L.L. No. 1-1972	2-15-1972
Art. I	Art. I
§ 77-1	Sec. 1.1
Art. II	Art. II
§ 77-2	Sec. 2.1
Art. III	Art. III
§§ 77-3 and 77-4	Secs. 3.1 and 3.2
Art. IV	Art. IV
§ 77-5	Sec. 4.1
Art. V	Art. V
§§ 77-6 through 77-10	Secs. 5.1 through 5.5
§ 77-11	Sec. 5.6	Amended 12-10-1980 by L.L. No. 4-1980
§§ 77-12 through 77-21	Secs. 5.7 through 5.16
Art. VI	Art. VI
§§ 77-22 and 77-23	Secs. 6.1 and 6.2
§ 77-24	Sec. 6.3	Amended 12-10-1980 by L.L. No. 4-1980
§§ 77-25 through 77-32	Secs. 6.4 through 6.11
Art. VII	Art. VII
§ 77-33	Sec. 7.1
Art. VIII	Art. VIII	Amended 12-10-1980 by L.L. No. 4-1980
§§ 77-34 through 77-36	Secs. 8.1 through 8.3
Omitted	Arts. IX and X (Secs. 9.1 and 10.1)
Chapter 81, Street Excavations; Driveways	L.L. No. 5-1980	12-10-1980
Art. I	Art. I
§§ 81-1 through 81-12	§§ -1 through -12
Art. II	Art. II
§§ 81-13 through 81-17	§§ -13 through -17
Art. III	Art. III
§ 81-18	§ -18
Art. IV	Art. IV
§ 81-19	§ -19
Omitted	Art. V, §§ -20 through -22
Chapter 83, Subdivision of Land	Adopted by Planning Board 3-24-1976; approved by Town Board 4-6-1976
Art. I	Art. I
§§ 83-1 through 83-4	Paragraphs A through D
Art. II	Art. II
§ 83-5	Undesignated paragraph
Art. III	Art. III
§§ 83-6 and 83-7	First and second undesignated paragraphs
§§ 83-8 through 83-10	Secs. 1 through 3	Amended 12-10-1980 by resolution
§ 83-11	Sec. 4
§ 83-12	Sec. 5	Amended 12-10-1980 by resolution
§§ 83-13 through 83-16	Secs. 6 through 9
Art. IV	Art. IV
§ 83-17	"Purpose" paragraph
§§ 83-18 through 83-23	Secs. 1 through 6
§ 83-24	Sec. 7	Amended 4-5-1977
§ 83-25	Sec. 8
§ 83-26	"Table of Soil Groups"
§ 83-27	Sec. 9
Art. V	Art. V
§§ 83-28 through 83-31	Secs. 1 through 4
Art. VI	Art. VI
§§ 83-32 through 83-34	Secs. 1 through 3
Art. VII	Art. VII
§§ 83-35 through 83-37	Secs. 1 through 3
§ 83-38	Sec. 4	Amended 12-10-1980 by resolution
§ 83-39	Sec. 5	Amended 12-10-1980 by L.L. No. 6-1980
Omitted	Secs. 6 and 7
Chapter 92, Vehicles and Traffic	L.L. No. 8-1980	12-10-1980
Art. I	Art. I
§§ 92-1 through 92-3	§§ 92-1 through 92-3
Art. II	Art. II
§§ 92-4 through 92-9	§§ 92-4 through 92-9
Art. III	Art. III
§§ 92-10 through 92-16	§§ 92-10 through 92-16
Art. IV	Art. IV
§§ 92-17 through 92-19	§§ 92-17 through 92-19
Art. V	Art. V
§§ 92-20 through 92-22	§§ 92-20 through 92-22
Art. VI	Art. VI
§§ 92-23 and 92-24	§§ 92-23 and 92-24
Omitted	§§ 92-25 and 92-26
Chapter 95, Water
Art. I, Water District Regulations	Ordinance	4-4-1969
§§ 95-1 through 95-10	Secs. 1 through 10
§ 95-11	Sec. 11	Amended 12-10-1980
Omitted	Secs. 12 through 14
Art. II, Service Rules and Regulations	Resolution	4-6-1971
§§ 95-12 and 95-13	Secs. 1 and 2
§ 95-14	Sec. 3	Amended 10-5-1971; 12-10-1980
§§ 95-15 through 95-20	Secs. 4 through 9
§ 95-21	Sec. 10	Amended 12-10-1980
§ 95-22	Sec. 11
	Sec. 12	Repealed 12-10-1980
Omitted	Secs. 13 and 14
Chapter 98, Zoning	L.L. No. 1-1974	2-12-1974
Art. I
§ 98-1	Art. I, Sec. 1.1
§ 98-2A and B	Art. IX, Secs. 9.1 and 9.2
Art. II	Art. II
§§ 98-3 through 98-5	Secs. 2.1 through 2.3
§ 98-6	Sec. 2.4	Amended 12-10-1980 by L.L. No. 7-1980
§ 98-7	Sec. 2.5
Art. III	Art. III
§ 98-8	Sec. 3.1	Amended 12-10-1980 by L.L. No. 7-1980
§§ 98-9 through 98-11	Secs. 3.2 through 3.4
§ 98-12	Sec. 3.5	Amended 10-5-1976 by L.L. No. 2-1976; 12-7-1976 by L.L. No. 3-1976
§§ 98-13 through 98-17	Secs. 3.6 through 3.10
Art. IV	Art. IV
§§ 98-18 through 98-28	Secs. 4.1 through 4.11
Art. V	Art. V	Amended 12-7-1976 by L.L. No. 3-1976
§ 98-29	Sec. 5.1
§ 98-30	Sec. 5.2	Amended 5-2-1978 by L.L. No. 1-1978
§ 98-31	Sec. 5.3
Art. VI	Art. VI
§§ 98-32 through 98-34	Secs. 6.1 through 6.3
§ 98-35	Sec. 6.4	Amended 12-10-1980 by L.L. No. 7-1980
Art. VII	Art. VII
§§ 98-36 through 98-38	Secs. 7.1 through 7.3
Art. VIII	Art. VIII
§ 98-39	Sec. 8.1
Omitted	Art. X, Sec. 10.1
Omitted	Art. XI, Sec. 11.1
Omitted	Art. XII
Chapter A101, Road Specifications	Resolution	7-11-1967
§ A101-1	First undesignated paragraph
§ A101-2	Paragraph, "Certification by Engineer"
§ A101-3	Paragraph, "Preparation and Submission of Street Plans"
§ A101-4	Paragraph, "Alteration of Approved Plans"
§ A101-5	Paragraph, "Bonds"	Amended 12-10-1980
§ A101-6	Paragraph, "Classification of Streets"
§ A101-7	Paragraph, "Determining Criteria"
§ A101-8	Paragraph, "Construction Specifications"
§ A101-9	Paragraph, "Development of Right-of-Way and Monuments"
§ A101-10	Paragraph, "Easements"
§ A101-11	Paragraph, "Clearing or Grubbing"
§ A101-12	Paragraph, "Excavation, Filling and Rough Grading"
§ A101-13	Paragraph, "Foundation Course"	Amended 12-10-1980
§ A101-14	Paragraph, "Drainage"
§ A101-15	Paragraph, "Catch Basins and Curb Inlets"
§ A101-16	Paragraph, "Headwalls"
§ A101-17	Paragraph, "Ground Water"
§ A101-18	Paragraph, "House Drains"
§ A101-19	Paragraph, "Grades and Vertical Curves"
§ A101-20	Paragraph, "Curbs"
§ A101-21	Paragraph, "Driveways"
§ A101-22	Paragraph, "Paved Gutters on Rural Streets"
§ A101-23	Paragraph, "Intersections"
§ A101-24	Paragraph, "Pavement"	Amended 12-10-1980
§ A101-25	Paragraph, "Surface Treatment of Shoulders and Paved Gutters"	Amended 12-10-1980
Omitted	Paragraph "Separability Clause"
§ A101-26	Paragraph, "Interpretation"
§ A101-27	Paragraph, "Specifications for Materials"	Amended 12-10-1980
§ A101-28	Paragraph, "Concrete for Headwalls, Etc."
§ A101-29	Paragraph, "Reinforced Concrete Pipe"
§ A101-30	Paragraph, "Corrugated Metal Pipe"
	Paragraph, "Bituminous Material"	Repealed 12-10-1980

§ 1-3 Continuation of existing provisions.

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, as distributed and renumbered in § 1-2 above, 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 Chester, 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, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.

In compiling and preparing the local laws, ordinances and certain resolutions of the Town for publication as the Code of the Town of Chester, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.

§ 1-4 Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Town of Chester, in force on the date of the adoption of this local law and not contained in the Code, as distributed and designated in the table in § 1-2 hereof, or recognized and continued in force by reference herein, are hereby repealed as of the effective date of this local law, except as hereinafter provided.

§ 1-5 Enactments saved from repeal; matters not affected.

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, resolutions, 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 Chester 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 Chester 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 Chester.

Any franchise, license, permit, right, entitlement, easement or privilege heretofore granted or conferred by the Town of Chester.

Any local law, ordinance or resolution of the Town of Chester providing for the laying out, opening, altering, widening, relocation, 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 Chester or any portion thereof.

Any local law, ordinance or resolution of the Town of Chester 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 Chester or other instruments or evidence of the Town's indebtedness.

Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property.

Any lawful contract or obligation.

The levy or imposition of special assessments or charges, or the establishment of any fee, charge or rate for a permit, license, application or service.

The dedication of property.

Any local law, ordinance or resolution pertaining to any water, sewer, fire, lighting or other special purpose district.

Any rules, regulations, standards or specifications referred to or authorized to be adopted by any local law or ordinance included in the Code; any regulations relating to public access to records; any resolutions accepting the applicability of the State Building Construction or Fire Prevention Codes; and any bylaws relating to the organization and procedures of any Town agency.

Any local law, ordinance or resolution pertaining to the appointment of Town personnel or to the compensation, conditions of employment or benefits of Town personnel, or any other type of resolution of policy pertaining to personnel.

Any local law, ordinance or resolution relating to taxation or exemptions from taxation, whether partial or otherwise.

The Zoning Map of the Town of Chester, adopted February 12, 1974, by Local Law No. 1-1974, and any amendment thereto.

Any local law, ordinance or resolution adopted subsequent to December 10, 1980. Local laws, ordinances and resolutions adopted subsequent to December 10, 1980, but prior to the effective date of this local law are hereby specifically continued in effect to the same extent as if referred to in § 1-2 of this local law, and such local laws, ordinances and resolutions of a Code nature shall hereafter be incorporated into the Code in such manner as is most appropriate and shall be considered as much a part of this Code as if specifically referred to in § 1-2.

§ 1-6 Filing of copies of Code.

A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Chester and shall remain there for use and examination by the public until final action is taken on this local law, and upon adoption of this local law, such copy shall be certified to by the Town Clerk of the Town of Chester, 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.

§ 1-7 Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and certain resolutions known collectively as the "Code of the Town of Chester," or any new local law, ordinance or resolution of a general and permanent nature, 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 of the Town of Chester 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, as to manner of adoption, of any local law, ordinance or resolution contained in said Code, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable in such manner as is provided by law generally for the amendment of local laws, ordinances and resolutions.

§ 1-8 Code book to be kept up-to-date.

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 Chester 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 or local laws, ordinances or resolutions until such change or local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-9 Sale of Code book; supplementation.

Copies of the Code may be purchased from the Town Clerk of the Town of Chester upon the payment of a fee to be set by resolution of the Town Board, which may also arrange by resolution for procedures for the periodic supplementation thereof.

§ 1-10 Publication; filing.

The Town Clerk of the Town of Chester, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this local law in the official newspaper of the Town. A copy of the Code of the Town of Chester shall be maintained in the office of the Town Clerk for inspection by the public at all times during regular office hours. The enactment and application 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.

§ 1-11 Penalties for tampering with Code.

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 Chester, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Chester to be misrepresented thereby, or who commits an offense against any other provision of this local law, shall be punishable by a fine of not more than $250 or by imprisonment for not exceeding 15 days, or by both such fine and imprisonment.

§ 1-12 Severability.

If any clause, sentence, paragraph, section, article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-2 hereof, or of any local law, ordinance or resolution incorporated into the Code hereafter 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.

§ 1-13 Incorporation of provisions into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Chester, to be entitled "Chapter 1, General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-14 inclusive.

§ 1-14 When effective.

This local law shall take effect as provided by law upon filing with the Secretary of State of New York.