[HISTORY: Adopted by the Town Board of the Town of Brant: Art. I, 9-16-1992
as L.L. No. 2-1992. Amendments noted where applicable.]
[Adopted 9-16-1992 as L.L. No, 2-1992]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions of the Town
of-Brant shall be known collectively as the "Code of the Town of Brant," 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 Brant" 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 numbed 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 face and effect and are hereby reaffirmed as to their adoption
by the Town Board of the Town of Brant, 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as are omitted from this Code shall be deemed repealed or abrogated by the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 Brant 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are hereby repealed from an-ad after the effective date of this local law.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 Brant prior to the effective
date of this local law, or any action or proceeding brought for the enforcement
of such right or liability.
B.
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 Brant, 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 Brant.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Brant
E.
Any local law or ordinance of the Town of Brant 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 Brant or any portion thereof.
F.
Any local law or ordinance of the Town of Brant 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 Brant
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 dedication of property.
J.
Any legislation relating to salaries.
K.
Any legislation relating to sewers and sewer districts.
L.
Any legislation adopted subsequent to November 7, 1989.
If any clause, sentence, paragraph, section, Article 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 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 Brant 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 b# the
Town Clerk of the Town of Brant by impressing thereon the Seal of the Town
of Brant, 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 The enactment and publication of
this local law, coupled with the availability bf 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 Brant," or any new local laws 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 Brant 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 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 or resolutions until such changes, local laws or resolutions 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 Brant 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 Brant, or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the Town of Brant 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.
A.
In compiling and preparing the local laws, ordinances
and resolutions for publication as the Code of the Town of Brant, no changes
in the meaning or intent of such local laws, ordinances -- and resolutions
have been made, except as provided for in Subsection B hereof. In addition,
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 following changes, amendments or revisions
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]
[1]
Editor's Note: Pursuant to § 1-1113, the following
chapters, Articles and sections were adopted, added or amended: §§ 5-2,
87-5A, 91, 15-4C, 15-5, 25-1, 61-3; Ch. 65; Ch. 69, Art. I; §§ 79-3G,
79-12, 83-4B, 53-6, 83-10, 87-6, 91-5A and 13, 91-613; Ch. 98, Art. I; Ch.
112; Ch. 117; Ch. 123; §§ 133-4, 137-1C, 137-4B(5) and E, 137-5A(3)
and E, 137-7, 137-13I(2), 137-21; Ch. 141; Ch. 151; §§ 155-5,
161-1, 161-4, 161-14A and 13, 161-15A and B, 161-16A and B, 161-20, 161-25,
161-37B, 161-39A(8), B and F(2)(f) and (h), 161-42, 161-47G, H, I, J(1) and
(4) and M, 161-49A(1) and C(2), 161-58, 161-60, 161-62, 161-63, 161-64, 161-65,
161-66, 161-67A, B(2), C(1) and (2) and D(4) and (5), l61-68F, 161-69, 161-70
and 161-73; and the Schedule of Use. Area, Lot and 13ulk Requirements in Ch.
161. Original Sections 11 and 12 of L.L. No. 1-1979 (Ch. 83) were deleted
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York,
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[During the process of codification, certain new pieces of legislation
or changes and/or additions-to various existing pieces of legislation were
approved by the Town Board for inclusion in the Code of the Town of Brant.
Such amendments and new enactments are noted in the histories of individual
chapters as ,"..amended (adopted) during codification; see Ch. 1, General
Provisions, Art. II." During the course of normal supplementation, specific
dates of adoption will be inserted where pertinent in the various chapters,
Articles and sections. The enumeration appearing below lists each chapter,
Article and section affected by such legislation adopted during codification.]
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