[HISTORY: Adopted by the Town Board of the Town of Evans: Art. I, 12-15-1993
by L.L. No. 13-1993. Amendments noted where applicable.]
[Adopted 12-15-1993 by L.L. No. 13-1993]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Evans, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 200, shall be known collectively as the "Code of the Town of Evans," 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 Evans" 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 Evans, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Evans 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are hereby repealed from and after the effective date of this local law.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 Evans 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 Evans 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 Evans.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Evans.
E.
Any local law or ordinance of the Town of Evans 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, roads highway, park or other public place
within the Town of Evans or any portion thereof.
F.
Any local law or ordinance of the Town of Evans 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 Evans
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 annexation or dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any resolutions or ordinances establishing the Planning
Board.
M.
The resolution adopted 5-2-1979 creating the Recreation
and Parks Advisory Board.
N.
Local Law No. 3-1979, which grants a business facilities
tax exemption.
O.
Any legislation adopted subsequent to 10-6-1993.
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 Evans 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 Town Clerk
of the Town of Evans by impressing thereon the Seal of the town, 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 Evans" or any new local laws, ordinances 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 maybe 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 Evans 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, local laws, ordinances or resolutions until such changes,
local laws, ordinances 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 Evans 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 Evans or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the Town of Evans 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 Evans, 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 amendments and/or additions
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 § 1-11B, the following sections, Articles or chapters are hereby amended, added or adopted: §§ 16-1, 16-3, 16-5C, 16-6, Ch. 31, §§ 45-2, 45-6, 45-8, 48-5A, 48-6A, B and D, 48-7, 48-10, Art. I of Ch. 57, §§ 64-4A, 74-1, 74-2, 74-3, 74-4A and B(1) and (3), 74-5, 74-6, 74-7, 74-11, 74-12, 92-1B and C, 92-4A, Ch. 95, §§ 101-1, 101-4, 101-6A and B, 101-8B, 101-9, 101-11A, 110-9, 110-12, 110-13, 110-17C, 110-29, 132-3A and E, 137-9, 137-10, 140-4, 144-4A(1), 144-11, 147-4I, 147-5, 147-13, 147-22A and B, 147-25, 147-27, 147-29, 151-5, 151-8, 151-9A, 155-2, 155-3, 158-7, 158-12C(1) and (3), 158-25, 158-26, 158-29B, 158-42, 158-50, 158-71, 158-82, 158-85, 168-7, 168-9C, 172-4, 172-6, 175-1, 175-12, 178-2B, 178-5, 178-6A, B, E, F, G and K, 178-8B and C(1), 178-15A(1), 178-16E(1) and (2), 178-18C, 178-21, 182-1, 182-3, 182-5, 186-9, 196-7, 196-9D(2), F and J, 196-16B, 196-17, 196-29, 196-34B, C and D, 196-40 and 196-42. The following original sections were deleted: §§ 7-7, 7-8, 7-9 and 7-12 of L.L. No. 2-1970 (Ch. 16); § A44-7 of a resolution adopted 1-5-1977 (Ch. 48); §§ 15B-5 and 15B-9B of L.L. No. 5-1972 (Ch. 151); Section 23 of L.L. No. 1-1933 (Ch. 193). A complete description of the changes made pursuant to § 1-11B is on file in the office of the Town Clerk, where it is available for inspection during business hours.
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
were approved by the Town Board for inclusion in the Code of the Town of Evans.
Such new 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 amendment dates will be inserted
where pertinent in the text of the various chapters. The listing below sets
forth each chapter affected by any such legislation adopted during codification.
The complete text of such amendments is on file in the office of the Town
Clerk, where it may be inspected during regular office hours.]
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Chapter
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Adoption Date
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Legislation
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|---|---|---|
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Ch. 106, Fees
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12-15-1993
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Resolution
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