[HISTORY: Adopted by the Town Board of the Town of Esopus as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-11-1981 by L.L. No. 9-1981]
The local laws, ordinances and certain resolutions of the Town of Esopus referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Esopus," 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.
Omitted sections pertain to repeal, severability or when effective provisions, which are covered by provisions of this local law. Certain sections are also omitted as their provisions, by their nature, are no longer effective.
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 Esopus, 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 Only such provisions of former local laws, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.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 Esopus, 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.
All local laws and ordinances of a general and permanent nature of the Town of Esopus, 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of this local law and not contained in such Code or recognized and continued in force by reference herein, are hereby repealed as of the effective date of this local law, except as hereinafter provided.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 § 1-4 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 Esopus 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 Esopus 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 Esopus.
Any franchise, license, permit, right, entitlement, easement or privilege heretofore granted or conferred by the Town of Esopus.
Any local law, ordinance or resolution of the Town of Esopus 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 Esopus or any portion thereof.
Any local laws, ordinances or resolutions of the Town of Esopus appropriating money or authorizing the issuance and delivery of any bond of the Town of Esopus 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 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, ordinance or resolution included in the Code.
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 regulation or policy pertaining to personnel.
Any local law, ordinance or resolution adopted subsequent to July 8, 1981. Local laws, ordinances and resolutions adopted subsequent to July 8, 1981, 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.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Esopus 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 Esopus, 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.
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 Esopus," or any new local laws, ordinances or resolutions 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 Esopus 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 in such manner as is provided by law generally for the amendment of local laws, ordinances and resolutions.
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 Esopus 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.
Copies of the Code may be purchased from the Town Clerk of the Town of Esopus 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.
The Town Clerk of the Town of Esopus, 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 Esopus 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.
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 Esopus, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Esopus to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment.
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 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.
This local law shall take effect as provided by law upon filing with the Secretary of State of the State of New York.