[Adopted 4-13-1999 by L.L.
No. 1-1999]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Hamptonburgh, as codified by General Code Publishers Corp., and consisting of Chapters
1 through
150, together with an Appendix, shall be known collectively as the "Code of the Town of Hamptonburgh," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Town of Hamptonburgh" to any other local law or ordinance 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 or ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. 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 Hamptonburgh, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 Hamptonburgh in force on the date of the adoption of this local law,
including the 1979 Code, 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continued in force by reference therein are hereby repealed from and after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 Hamptonburgh 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 Hamptonburgh 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 Hamptonburgh.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Hamptonburgh.
E. Any local law or ordinance of the Town of Hamptonburgh
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 Hamptonburgh or any portion thereof.
F. Any local law or ordinance of the Town of Hamptonburgh
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 Hamptonburgh 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 local law or ordinance relating to salaries and compensation.
K. Any local law or ordinance amending the Zoning Map.
L. Any local law or ordinance relating to or establishing
a pension plan or pension fund for town employees.
M. 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.
N. Any local law adopted subsequent to 10-5-1998.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law or of any local law or ordinance 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 Hamptonburgh 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 Hamptonburgh 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 and ordinances known collectively as the "Code of the Town
of Hamptonburgh" or any new local laws or ordinances, 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 or ordinance contained
herein, and such local laws or ordinances 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 Hamptonburgh 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 ordinances 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 ordinances until such changes, local laws or ordinances 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 Hamptonburgh 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 Hamptonburgh or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Town of Hamptonburgh 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Town of Hamptonburgh, 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
1-13, inclusive.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.