[HISTORY: Adopted by the Town Board of the Town of Henrietta as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 2-18-2015 by L.L. No. 1-2015]
This recodification of the Henrietta Town Code is in accordance with the New York Municipal Home Rule Law, including § 20(3).
This law shall be known as and may be cited as "Local Law No. 1 of 2015 to Update and Revise the Henrietta Town Code, Including the Ordinances and Local Laws which Comprise it, by Recodifying the Henrietta Town Code."
The purpose of this local law, in accordance with the New York Municipal Home Rule Law, is to recodify the Henrietta Town Code, including those local laws, ordinances and resolutions which comprise it, wherein certain provisions thereof will be updated, modified, revised and/or repealed.
Several years prior to the proposal of the instant local law to recodify the Henrietta Town Code, the Town of Henrietta undertook to comprehensively review the Henrietta Town Code and revise it where needed. The origin of this undertaking was the confirmation by the Henrietta Town Board that the Henrietta Town Code had been long overdue for such a review, such that, in consideration of the changes in the Town itself, New York law, and society over a number of years, many of the Code's provisions were likely outdated, inaccurate, internally/externally inconsistent, etc., and further the Code was likely wholly lacking certain provisions which should otherwise be present.
As a result of the review, the Henrietta Town Board found that the Code indeed required updating, and called for a comprehensive revision and update, or "recodification" of the Henrietta Town Code. This process involved over four years of work by Town officials, Town staff, Town consultants, and the Town residents. The culmination of work is this proposed local law and associated updated Code, which aims to bring the Henrietta Town Code up to date.
Henrietta Town Code as existing prior to this local law. In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Henrietta, as codified over a number of years by General Code, and consisting of Chapters 1 through 295, together with an Appendix, have been known collectively as the "Code of the Town of Henrietta." The Code as it exists prior to the enactment of this local law is referred to herein as the "Pre-2015 Code." The proposed Code which would be implemented by this local law is referred to herein as the "2015 Updated Code" or the "Code."
Copy of 2015 Updated Code on file. A copy of the 2015 Updated Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Henrietta 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 Henrietta by impressing thereon the Seal of the Town of Henrietta, 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 2015 Updated Code is in effect. Furthermore, said 2015 Updated Code is also available for review and download on the Town of Henrietta website. 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 Updated 2015 Code for all purposes. Such Updated 2015 Code, after enactment of this local law, shall be referred to as the "Henrietta Town Code."
Details on changes comprising the 2015 Updated Code.
In compiling and preparing the local laws, ordinances and resolutions for publication as the 2015 Updated Code of the Town of Henrietta, a number of changes were made to the Pre-2015 Code. Many of those changes included certain grammatical changes and other minor nonsubstantive changes which 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.
However, a number of more major, substantive changes were also made with regard to the Code of the Town of Henrietta. For the convenience only of Town residents in examining what the Town Board considers to be the major substantive changes, such changes have been captured in Schedule A, attached hereto and made a part hereof.
Editor's Note: Schedule A is available in the Town offices.
Should a resident wish to glean what the Town Board considered to be the main substantive and major changes to the Code, the Town Board feels that Schedule A would provide a fair overview. However, for a comprehensive review of all changes, including substantive changes that may not be a part of Schedule A, residents should review Schedule B hereto, which is the full text of proposed 2015 Updated Code in its entirety.
Editor's Note: Schedule B is available in the Town offices.
Continuation of existing Code provisions. The provisions of the Pre-2015 Code in force immediately prior to the enactment of this local law, insofar as they are present in and substantively the same as those of local laws, ordinances, resolutions and provisions which comprise the 2015 Updated Code, are intended as a continuation of such local laws, ordinances, resolutions and provisions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of such 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 Henrietta, and it is the intention of said Town Board that each such provision contained within the Pre-2015 Code is hereby reaffirmed as it appears in said 2015 Updated Code.
Enactment of the 2015 Updated Code. The Town of Henrietta Town Code is hereby recodified such that the Town of Henrietta Town Code shall now comprise the 2015 Updated Code, which is set forth in its entirety at and shall read as set forth in Schedule B hereto, and which shall hereinafter be referred to as the "Henrietta Town Code."
Editor's Note: Schedule B is available in the Town offices.
Repeal of enactments not included in 2015 Updated Code.
All local laws and ordinances of a general and permanent nature of the Town of Henrietta in force on the date of the adoption of this local law and not contained in the 2015 Updated Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law, except as otherwise set forth herein.
Enactments saved from repeal. The repeal of local laws and ordinances provided for in Subsection F of this section shall not affect the following classes of local laws, ordinances, 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 Henrietta 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 Henrietta 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 Henrietta.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Henrietta.
Any local law or ordinance of the Town of Henrietta 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 Henrietta or any portion thereof.
Any local law or ordinance of the Town of Henrietta 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 Henrietta or other instruments or evidence of the Town's indebtedness.
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any local law or ordinance relating to salaries and compensation.
Any local law or ordinance amending the Zoning Map.
Any local law or ordinance relating to or establishing a pension plan or pension fund for Town employees.
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
Any local law or ordinance adopted subsequent to February 14, 2013.
Incorporation of local law provisions. The provisions of this instant local law are hereby made Article I of Chapter 1 of the Code of the Town of Henrietta, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-6, inclusive.
Future amendments to Code. 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 Henrietta" or the "Henrietta Town Code" or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town 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. Such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable, pursuant to New York law.
Code to be kept up-to-date. It shall be the duty of the Town Clerk to keep up-to-date the Code of the Town of Henrietta. 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 Town Board to be a part of said Code shall, when finally enacted or adopted, be included therein.
Sale of Code; supplementation. Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Town Board. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
Penalties for tampering with Code. Any person who alters or tampers with the Code of the Town of Henrietta in any manner whatsoever which will cause the legislation of the Town of Henrietta 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.
Should any word, section, clause, paragraph, sentence, article, part or provision of this local law or of any local law or resolution included in this 2015 Updated Code be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any other part hereof.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.