[HISTORY: Adopted by the Town Board of the
Town of Cato; Art I, 7-2-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
[Adopted 7-2-1991 by L.L. No. 1-1991]
In accordance with Subdivision 3 of § 20
of the Municipal Home Rule Law, the local laws, ordinances and certain
resolutions of the Town of Cato shall be known collectively as the
"Code of the Town of Cato," 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 Cato" 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 Cato, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Cato 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continued in force by reference therein are hereby repealed from and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 Cato 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 Town of Cato 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 Cato.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Cato.
E.
Any local law or ordinance of the Town of Cato 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 Cato or any portion thereof.
F.
Any local law or ordinance of the Town of Cato 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 Cato 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 local law or ordinance amending the Zoning Map.
L.
Any legislation adopted subsequent to October 3, 1989.
M.
Garbage, rubbish and refuse legislation dated June
7, 1955.
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 Cato 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 Cato by impressing thereon the Seal of the Town of Cato, 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 Cato" 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 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 Cato 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 Cato 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 Cato or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Town of Cato 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 Cato, 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 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.
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: In accordance with § 1-11B, the following Code sections were amended or added: § 4-1, Ch. 12, § 19-2D, Ch. 28, §§ 58-7, 58-25A, 58-27D, 58-28A and E, 86-1, Art. II of Ch. 86, §§ 91-3A, 91-5A, 91-8, 98-3, 98-7, 98-9, 98-11B(4) and C, 98-12C and F(2), 98-19E, 98-32A(1), 98-37A, 98-88, Art I of Ch. 104, §§ 109-3, A119-7 and A121-1. A complete description of each change may be found in L.L. No. 1-1991, on file in the office of the Town Clerk.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
[During the process of codification, certain
new pieces of legislation or changes and/or additions to various existing
pieces of legislation were approved by the Town Board for inclusion
in the Code of the Town of Cato. Such amendments and new enactments
are noted in the histories of individual chapters as ". . . amended
(adopted) during codification; see Ch. 1, General Provisions, Art.
II." Upon final enactment, a complete enumeration of all chapters
and sections in the Code involved in such enactments will be included
in this Article, along with specific dates of adoption.]
