[HISTORY: Adopted by the Town Board of the Town of Albion as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 4-14-1989 by L.L. No. 1-1989]
It is the intent of this local law to establish a codification of local laws, ordinances and certain resolutions of the Town of Albion for the purpose 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 resolutions of the Town of Albion referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Albion," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
Section numbers with asterisks in the second column have not been repeated in the first column because they are section numbers which relate to titles, effective dates or severability clauses, which sections are not pertinent to the codification. For severability, refer to § 1-13 hereof.
The local laws and ordinances of a general and permanent nature enacted or adopted by the Town Board of the Town of Albion and not included in the Code of the Town of Albion and in force on the date of the adoption of this local law are hereby repealed as of the effective date of this local law, except as hereinafter provided.
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, 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 Albion prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.
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 Albion, 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 and brought pursuant to any legislative provision of the Town of Albion.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Albion.
Any local law, ordinance or resolution of the Town of Albion providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Albion or any portion thereof.
Any ordinance or resolution of the Town of Albion 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 Albion or other instruments or evidence of the Town's indebtedness.
Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any local laws, ordinances or resolutions relating to salaries.
Any local laws or ordinances adopted subsequent to May 12, 1987.
The Zoning Ordinance, adopted September 12, 1961, and any amendments thereto.
In compiling and preparing the local laws, ordinances and resolutions of the Town for publication as the Code of the Town of Albion, 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.
A copy of the Code of the Town of Albion, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Albion 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 by impressing thereon the Seal of the Town of Albion, 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.
In compiling and preparing the local laws, ordinances and resolutions for adoption and revision as part of the Code pursuant to the Municipal Home Rule Law § 20, Subdivision 3, certain grammatical changes and other minor changes were made in one or more of the local laws, ordinances or resolutions. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the provisions so changed had been previously formally amended to read as such.
In addition, certain changes, amendments and additions are enacted herewith, to become effective upon the effective date of this local law (chapter and section number references are to these materials as they are numbered and appear in the Code).
Editor's Note: Pursuant to § 1-7B, the following sections or chapters were added, amended or adopted: Ch. 5, § 15-2, Ch. 40, §§ 49-13A and C, 49-15, 53-6A, 58-7A, 62-6, 62-10, 62-12A(4), 62-16B, C and D, 68-2, 68-4A, B and D, 68-5A and E, 68-7B, Ch. 74, § 81-4D and Chs. 86, 95 and 98. A complete description of each change may be found in L.L. No. 1-1989, on file in the office of the Town Clerk.
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 Albion," 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 of the Town of Albion shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the Town of Albion 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.
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 Albion 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 changes or 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 book containing the Code of the Town of Albion may be purchased from the Town Clerk 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.
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 Albion, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Albion 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.
Any person committing an offense against any chapter or Article of this Code for which a different penalty is not specifically provided shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable for each offense by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day that an offense continues shall constitute a separate violation.
If any clause, sentence, paragraph, section, article or part of this local law or of any local law or ordinance cited in the table in § 1-2 hereof, 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.
This local law and the Code of the Town of Albion adopted hereby shall take effect immediately upon the filing with the Secretary of State of the State of New York of a copy of this local law.