[Adopted 5-1-1995 by L.L. No. 2-1995]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Malta, as codified by General Code Publishers Corp., and consisting of Chapters
1 through
167, together with an Appendix, shall be known collectively as the "Code of the Town of Malta," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Town of Malta" to any other local law, ordinance or resolution 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, ordinance or resolution had been formally amended to so read.
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, 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 Malta, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 Malta 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and continued in force by reference therein are hereby repealed from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.
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 Malta 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 Malta 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 Malta.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Malta.
E. Any local law or ordinance of the Town of Malta 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 Malta or any portion thereof.
F. Any local law or ordinance of the Town of Malta 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 Malta 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 legislation relating to salaries.
K. Any local law or ordinance amending the Zoning Map.
L. Any legislation adopted subsequent to January 1, 1995.
M. The Employee Manual adopted January 3, 1995.
N. Any legislation adopting or amending investment policies.
O. Any legislation establishing or amending a planned
development district.
P. Ordinance No. 6-1993, regarding enforcement of the
subdivision regulations.
Q. The rabies policy adopted January 4, 1994.
R. The fireworks permit procedure adopted January 5,
1992.
If any clause, sentence, paragraph, section,
Article, chapter or part of this local law or of any local law, ordinance
or resolution 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 Malta 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 Malta 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, ordinances and resolutions
known collectively as the "Code of the Town of Malta" 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 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, 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.
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 Malta 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, local laws, ordinances or resolutions until such
changes, local laws, ordinances or resolutions are printed as supplements
to said Code book, at which time such supplements shall be inserted
therein.
[Amended 11-3-2010 by L.L. No. 9-2010]
Copies of the Code may be purchased from the Town Clerk of the Town of Malta 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. Said fee is set forth in Table A to Chapter
88.
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 Malta or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Town of Malta 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 two hundred fifty dollars ($250.) or imprisonment for a term
of not more than fifteen (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 Malta, 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.