[HISTORY: Adopted by the Town Board of the
Town of Chautauqua as indicated in article histories. Amendments noted
where applicable]
[Adopted 2-14-2022 by L.L. No. 1-2022]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions
of the Town of Chautauqua, as codified and consisting of Chapters
l through 145 are hereby approved, adopted, and enacted as the Code
of the Town of Chautauqua, hereinafter referred to as the "Code."
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, are intended
as a continuation of such local laws, ordinances and resolutions and
not as new enactments. This local law and the Code adopted hereby
shall supersede and replace the 1993 Code of the Town of Chautauqua,
as amended and supplemented.
A.
A
copy of the Code has been filed in the office of the Town Clerk and
shall remain there for use and examination by the public until final
action is taken on this local law. Following adoption of this local
law such copy shall be certified to by the Clerk of the Town of Chautauqua
by impressing thereon the Seal of the Town, as provided by law, and
such certified copy shall remain on file in the office of the Town
Clerk, to be made available to persons desiring to examine the same
during all times while said Code is in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Town Board to make them a part thereof, shall be
deemed to be incorporated into such Code so that reference to the
"Code of the Town of Chautauqua" shall be understood and intended
to include such additions and amendments. Nothing contained in this
local law shall affect the status of any local law, ordinance or resolution
contained in the Code, and such local laws, ordinances or resolutions
may be amended, deleted or changed from time to time as the Town Board
deems desirable.
In the event that notice of enactment of this local law is required
due to amendments adopted by way of this local law to zoning or land
use provisions, or is otherwise required by law, the Clerk of the
Town of Chautauqua shall cause notice of the enactment of this local
law to be given in the manner required by law. The notice of the enactment
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.
Each section of this local law and of the Code and every part
of each section is an independent section or part of a section, and
the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
A.
Repeal
of inconsistent enactments. All local laws and ordinances of a general
and permanent nature, or parts of such local laws or ordinances, inconsistent
with the provisions contained in the Code adopted by this local law
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Town of Chautauqua which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
B.
Repeal
of specific enactments. The Town Board of the Town of Chautauqua has
determined that the following local laws and/or ordinances are no
longer in effect and hereby specifically repeals the following legislation:
(1)
Former Chapter 24, Fire Districts, of the 1993 Code, which was comprised
of Article I, Dewittville Fire District, adopted 3-22-1946, Article
II, Mayville Fire Protection District, adopted 4-7-1950, Article III
Hartfield Fire District, adopted 6-27-1952, Article IV, Sherman Fire
Protection District, adopted 12-30-1953, and Article V, Chautauqua
Fire District Number I, adopted by Chapter 641 of the Laws of 1991.
The repeal of local laws and ordinances provided for in § 1-5 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 Chautauqua 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
Chautauqua 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 Chautauqua.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Town of Chautauqua.
E.
Any
local law or ordinance of the Town of Chautauqua 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 Chautauqua or any portion thereof.
F.
Any
local law or ordinance of the Town of Chautauqua 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
Chautauqua 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, agreement 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 or ordinance adopted subsequent to January 8, 2019.
A.
In
compiling and preparing the local laws, ordinances and resolutions
for publication as the Code of the Town of Chautauqua, certain grammatical
changes and other minor nonsubstantive changes 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.
B.
In
addition, the amendments and/or additions as set forth in Schedule
A[1] attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this local law. (Chapter
and section number references are to the local laws, ordinances and
resolutions as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this local law are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 2-14-2022 by L.L. No. 1-2022." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
A.
Chapter
and article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
Any person who alters or tampers with the Code of the Town of
Chautauqua in any manner whatsoever which will cause the legislation
of the Town of Chautauqua 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.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
