Town of Neversink, NY General Provisions

The local laws, ordinances and resolutions of the Town of Neversink referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Neversink," hereafter termed the "Code," 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.

§ 1-2 Distribution of local laws, ordinances and resolutions.

Derivation Table

(Sections providing for severability of provisions, repeal of conflicting legislation and effective dates which are covered by provisions of Chapter 1, Article I, have been omitted from the Code, and such sections are indicated as "omitted" in the table which follows.)

New Number (chapter, title, Article, section)	Old Number (source)	Adoption Date
Chapter 3, Assessors	L.L. No. 1-1971	3-29-1971
§ 3-1	Section 1
§ 3-2	Section 2
§ 3-3	Section 3
Chapter 11, Officers and Employees
Article I, Defense and Indemnification	L.L. No. 2-1980	10-8-1980
§ 11-1	Section 1
§ 11-2	Section 2
§ 11-3	Section 3
§ 11-4	Section 4
§ 11-5	Section 5
§ 11-6	Section 6
§ 11-7	Section 7
§ 11-8	Section 8
Omitted	Section 9
Chapter 13, Planning Board
Article I, Approval of Subdivision Plats	Resolution	3-7-1973
§ 13-1	First unnumbered paragraph
§ 13-2	Second unnumbered paragraph
§ 13-3	Third unnumbered paragraph
Article II, Establishment	Resolution	6-11-1980
§ 13-4	Unnumbered paragraph
Chapter 18, Building Permits; Flood Hazard Areas	Ordinance	6-6-1975
Article I	Section 1
§ 18-1	Subsection 1.1
§ 18-2	Subsection 1.2
§ 18-3	Subsection 1.3
Article II	Section 2
§ 18-4	Unnumbered paragraph
§ 18-5	Subsection 2.1
§ 18-6	Subsection 2.2
§ 18-7	Subsection 2.3
§ 18-8	Subsection 2.4
Article III	Section 3
§ 18-9	Subsection 3.1
§ 18-10	Subsection 3.2
§ 18-11	Subsection 3.3
Article IV	Section 4
§ 18-12	Subsection 4.1
§ 18-13	Subsection 4.2
§ 18-14	Subsection 4.3
§ 18-15	Subsection 4.4
Article V	Section 5
§ 18-16	Subsection 5.1
§ 18-17	Subsection 5.2
Omitted	Subsection 5.3
§ 18-18	Subsection 5.4
Omitted	Subsection 5.5
Chapter 20, Buildings, Unsafe	L.L. No. 2-1981	2-11-1981
Omitted	Section 1
Omitted	Section 2
Article I	Article 1
§ 20-1	Section 1.1
§ 20-2	Section 1.2
Article II	Article 2
§ 20-3	Section 2.1
Article III	Article 3
§ 20-4	Section 3.1
§ 20-5	Section 3.2
§ 20-6	Section 3.3
Article IV	Article 4
§ 20-7	Section 4.1
Article V	Article 5
§ 20-8	Section 5.1
Omitted	Section 3
Omitted	Section 4
Omitted	Section 5
Chapter 22, Dogs	L.L. No. 1-1982	2-10-1982
§ 22-1	Section 1
§ 22-2	Section 2
§ 22-3	Section 3
§ 22-4	Section 4
§ 22-5	Section 5
Omitted	Section 6
Chapter 23, Dumps and Dumping
Article I, Use of Town Dumpster	L.L. No. 1-1980	6-11-1980
§ 23-1	Section 1
§ 23-2	Section 2
§ 23-3	Section 3
§ 23-4	Section 4
§ 23-5	Section 5
Omitted	Section 6
Omitted	Section 7
Omitted	Section 8
Article II, Waste Materials	L.L. No. 3-1982	11-10-1982
§ 23-6	Section 1
§ 23-7	Section 2
§ 23-8	Section 3
§ 23-9	Section 4
§ 23-10	Section 5
§ 23-11	Section 6
§ 23-12	Section 7
§ 23-13	Section 8
§ 23-14	Section 9
§ 23-15	Section 10
Chapter 26, Fire Prevention	L.L. No. 2-1982	2-10-1982
§ 26-1	Section I, first and second unnumbered paragraphs
Omitted	Section I, third unnumbered paragraph
§ 26-2	Section II
§ 26-3	Section III
§ 26-4	Section IV
§ 26-5	Section V
Omitted	Section VI
Chapter 27, Flood Damage Prevention	L.L. No. 1-1983	7-13-1983
Article I	Section 1.0
§ 27-1	Section 1.1
§ 27-2	Section 1.2
Article II
§ 27-3	Section 2.0
Article III	Section 3.0
§ 27-4	Section 3.1
§ 27-5	Section 3.2
§ 27-6	Section 3.3
Omitted	Section 3.4
§ 27-7	Section 3.5
Article IV	Section 4.0
§ 27-8	Section 4.1
§ 27-9	Section 4.2
§ 27-10	Section 4.3
Article V	Section 5.0
§ 27-11	Section 5.1
§ 27-12	Section 5.2
Chapter 30, Mobile Home Parks	Ordinance	3-27-1974
Article I	Article I
§ 30-1	Section 1.1
§ 30-2	Section 1.2
§ 30-3	Section 1.3
Article II	Article 2
§ 30-4	Section 2.1
Article III	Article 3
§ 30-5	Section 3.1
§ 30-6	Section 3.2
Article IV	Article 4
§ 30-7	Section 4.1
§ 30-8	Section 4.2
§ 30-9	Section 4.3
§ 30-10	Section 4.4
§ 30-11	Section 4.5
§ 30-12	Section 4.6
§ 30-13	Section 4.7
§ 30-14	Section 4.8
§ 30-15	Section 4.9
§ 30-16	Section 4.10
§ 30-17	Section 4.11
§ 30-18	Section 4.12
§ 30-19	Section 4.13
§ 30-20	Section 4.14
§ 30-21	Section 4.15
§ 30-22	Section 4.16
§ 30-23	Section 4.17
§ 30-24	Section 4.18
§ 30-25	Section 4.19
§ 30-26	Section 4.20
§ 30-27	Section 4.21
§ 30-28	Section 4.22
Article V	Article 5
§ 30-29	Section 5.1
§ 30-30	Section 5.2
§ 30-31	Section 5.3
Article VI	Article 6
§ 30-32	Section 6.1
§ 30-33	Section 6.2
Article VII	Article 7
§ 30-34	Sections 7.1 through 7.6
Article VIII	Article 8
§ 30-35	Section 8.1
§ 30-36	Section 8.2
§ 30-37	Section 8.3
Article IX	Article 9
§ 30-38	Section 9.1
§ 30-39	Section 9.2
Omitted	Article 10
Omitted	Article 11
Chapter 34, Records, Public Access to	Resolution	1-8-1975
§ 34-1	Unnumbered paragraph
§ 34-2	Section A
§ 34-3	Section B
§ 34-4	Section C
§ 34-5	Section D
§ 34-6	Section E
§ 34-7	Section F
§ 34-8	Section G
§ 34-9	Section H
§ 34-10	Section I
§ 34-11	Section J
Chapter 37, Snow-mobiles	Ordinance	11-27-1972
§ 37-1	First, second and third unnumbered paragraphs
§ 37-2	Fourth, fifth, sixth, seventh and eighth unnumbered paragraphs	Amended 3-3-1976
§ 37-3	Ninth unnumbered paragraph
§ 37-4	Tenth unnumbered paragraph
Chapter 39, Streets and Sidewalks
Article I, Notification of Defects and Obstructions	L.L. No. 1-1978	6-14-1978
§ 39-1	Section 1
§ 39-2	§ 2
§ 39-3	§ 3
Omitted	§ 4
Chapter 41, Subdivision of Land	Ordinance	6-6-1973
Article I	Article 1
§ 41-1	Section 1.1
§ 41-2	Section 1.2
Article II	Article 2
§ 41-3	Unnumbered section
Article III	Article 3
§ 41-4	Unnumbered section
§ 41-5	Section 3.1
§ 41-6	Section 3.2
§ 41-7	Section 3.3
Article IV	Article 4
§ 41-8	Section 4.1
§ 41-9	Section 4.2
Article V	Article 5
§ 41-10	Section 5.1
§ 41-11	Section 5.2
§ 41-12	Section 5.3
Article VI	Article 6
§ 41-13	Section 6.1
§ 41-14	Section 6.2
§ 41-15	Section 6.3
Article VII	Article 7
§ 41-16	Section 7.1
Article VIII	Article 8
§ 41-17	Sections 8.1 through 8.4
Omitted	Article 9
Omitted	Article 10
Chapter 44, Taxation
Article I, Senior Citizens Tax Exemption	Ordinance	5-3-1972; amended in its entirety 2-11-1981 by L.L. No. 1-1981
§ 44-1	Section 1
§ 44-2	Section 2
Omitted	Section 3
Omitted	Section 4
Omitted	Section 5
Chapter 47, Vehicles and Traffic
Article I, Winter Parking	Ordinance	11-6-1974
§ 47-1	Article I, Section 1.1
§ 47-2	Article I, Section 1.2
§ 47-3	Article I, Section 1.3
§ 47-4	Article 2
§ 47-5	Article 3
§ 47-6	Article 4
Omitted	Article 5
Omitted	Article 6

§ 1-3 Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Town of Neversink 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.

§ 1-4 Enactments saved from repeal; matters not affected.

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 Neversink 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 Neversink, 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 Neversink.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Neversink.

Any local law, ordinance or resolution of the Town of Neversink 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 Neversink or any portion thereof.

Any local law, ordinance or resolution of the Town of Neversink 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 Neversink 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.

§ 1-5 Effect on previously adopted legislation.

In compiling and preparing the local laws, ordinances and resolutions of the town for publication as the Code of the Town of Neversink, 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.

§ 1-6 Severability.

If any clause, sentence, paragraph, section, Article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-2 hereof or any local law, ordinance or resolution included in this Code 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 or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 1-7 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Neversink 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 to by the Town Clerk of the Town of Neversink by impressing thereon the Seal of the Town of Neversink, 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 the said Code is in effect.

§ 1-8 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 Neversink," 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 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 his 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, delted or changed from time to time as the Town Board deems desirable.

§ 1-9 Code book to be kept up-to-date.

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 Neversink 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.

§ 1-10 Sale of Code book; supplementation.

Copies of the Code may be purchased from the Town Clerk of the Town of Neversink 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.

§ 1-11 Penalties for tampering with Code.

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 Neversink, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Neversink 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.

§ 1-12 Incorporation of provisions into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Neversink, 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.

§ 1-13 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

Article II Legislation Enacted During Codification

[During the process of codification, certain substantive revisions, changes and/or additions to various existing ordinances and local laws, and certain complete new local laws, were approved by the Town Board for inclusion in the Code of the Town of Neversink. Such amendments and new enactments are noted in the histories of individual chapters as "...amended (adopted) during codification; see Ch. 1, General Provisions, Article II." During the course of normal supplementation, specific dates of amendment or adoption will be inserted where pertinent in the text of the various chapters.

The enumeration appearing below lists each chapter and, where applicable, each section affected by any such legislation adopted during codification. The complete text of any amendments and new enactments is on file in the office of the Town Clerk, where it may be inspected during office hours.]

Chapter/Section	Adoption Date	Local Law Number
Ch. 7, Ethics, Code of	2-8-1984	1-1984
Ch. 18, Building Permits; Flood Hazard Areas, § 18-17B and C	2-8-1984	4-1984
Ch. 30, Mobile Home Parks, § 30-34B and D	2-8-1984	4-1984
Ch. 34, Records, Public Access to, § 34-10E	2-8-1984	3-1984
Ch. 41, Subdivision of Land, §§ 41-4B and 41-8C, F and G	2-8-1984	2-1984
Ch. 41, Subdivision of Land, § 41-17B, C, D and E	2-8-1984	4-1984