[HISTORY Adopted by the Town Board of the
Town of Southeast as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-16-1988 by L.L. No. 5-1988]
The local laws, ordinances and resolutions of the Town of Southeast referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Southeast," 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.
Derivation Table
|
New Number
(chapter, title, Article, section)
|
Old Number
(source)
|
Adoption or Amendment Date
|
---|---|---|
Chapter 5, Assessor
|
L.L. No. 2-1979
|
6-22-1979
|
§ 5-1
|
Sec. 1
|
Amended at time of adoption of Code
|
§ 5-2
|
Sec. 2
|
Amended at time of adoption of Code
|
§ 5-3
|
Sec. 3
| |
§ 54
|
Sec. 4
| |
Chapter 10, Conservation Commission
|
1-9-1973
| |
§ 10-1
|
Sec. 1
| |
§ 10-2
|
Sec. 2
| |
§ 10-3
|
Sec. 3
|
Amended 5-14-1974
|
§ 10-4
|
Sec. 4
| |
§ 10-5
|
Sec. 5
| |
§ 10-6
|
Sec. 6
| |
§ 10-7
|
Sec. 7
| |
§ 10-8
|
Sec. 8
| |
Omitted
|
Sec. 9
| |
Chapter 14, Defense and Indemnification
|
L.L. No. 1-1980
|
8-12-1980
|
§ 14-1
|
Sec. 1
| |
§ 14-2
|
Sec. 2
| |
§ 14-3
|
Sec. 3
| |
§ 14-4
|
Secs. 4, 5 and 6
| |
§ 14-5
|
Secs. 7 and 8
| |
§ 14-6
|
Sec. 9
| |
§ 14-7
|
Sec. 10
|
Added 8-19-1986 by L.L. 1-1986
|
Omitted
|
Sec. 11
| |
Chapter 18, Ethics, Code of
|
9-8-1970
| |
§ 18-1
|
Sec. 1
| |
§ 18-2
|
Sec. 2
| |
§ 18-3
|
Sec. 3
|
Amended 11-10-1970
|
§ 18-4
|
Sec. 4
|
Amended 11-10-1970
|
§ 18-5
|
Sec. 5
| |
Omitted
|
Sec. 6
| |
§ 18-6
|
Sec. 7
|
Added 1-12-1971; amended 1-8-1974
|
Chapter 46, Bills and Posters
|
7-11-1957; amended in its entirety at time of
adoption of Code
| |
§ 46-1
|
Unnumbered paragraph
| |
Chapter 50, Boats
|
8-9-1961
| |
§ 50-1
|
Sec. 1
| |
§ 50-2
|
Sec. 2
| |
§ 50-3
|
Sec. 3(a) through (k)
| |
§ 50-4
|
§ 50-4
|
Added at time of adoption of Code
|
§ 50-5
|
Sec. 3(l) and (m)
|
Amended at time of adoption of Code
|
Omitted
|
Sec. 3(n)
| |
Omitted
|
Sec. 3(o)
| |
Chapter 55, Buildings, Unsafe
|
Adopted at time of adoption of Code
| |
§ 55-1
|
§ 55-1
| |
§ 55-2
|
§ 55-2
| |
§ 55-3
|
§ 55-3
| |
§ 55-4
|
§ 55-4
| |
§ 55-5
|
§ 55-5
| |
§ 55-6
|
§ 55-6
| |
§ 55-7
|
§ 55-7
| |
§ 55-8
|
§ 55-8
| |
§ 55-9
|
§ 55-9
| |
§ 55-10
|
§ 55-10
| |
§ 55-11
|
§ 55-11
| |
§ 55-12
|
§ 55-12
| |
§ 55-13
|
§ 55-13
| |
Chapter 60, Dogs
| ||
Article I, License Fees
|
L.L. No. 3-1979
|
9-25-1979
|
§ 60-1
|
Sec. 1
|
Amended at time of adoption of Code
|
Omitted
|
Sec. 2
| |
Article II, General Provisions
|
L.L. No. 1-1982
|
12-16-1982
|
§ 60-2
|
Sec. 1
| |
§ 60-3
|
Sec. 2
| |
§ 60-4
|
Sec. 3
| |
§ 60-5
|
Sec. 4
| |
§ 60-6
|
Sec. 5
| |
§ 60-7
|
Sec. 6
| |
§ 60-8
|
Sec. 7
|
Amended at time of adoption of Code
|
§ 60-9
|
Sec. 8
| |
§ 60-10
|
Sec. 9
| |
§ 60-11
|
Sec. 10
|
Amended at time of adoption of Code
|
§ 60-12
|
Sec. 11
| |
§ 60-13
|
Sec. 12
| |
Omitted
|
Sec. 13
| |
§ 60-14
|
§ 60-14
|
Added at time of adoption of Code
|
Chapter 64, Driveways
| ||
Article I, General Provisions
|
L.L. No. 1-1977
|
3-26-1977
|
§ 64-1
|
Sec. 1
| |
§ 64-2
|
Sec. 2
| |
§ 64-3
|
Sec. 3
| |
§ 64-4
|
Sec. 4
| |
§ 64-5
|
Sec. 5
| |
§ 64-6
|
Sec. 6
| |
§ 64-7
|
Sec. 7
| |
§ 64-8
|
Sec. 8
|
Amended at time of adoption of Code
|
§ 64-9
|
Sec. 9
|
Amended at time of adoption of Code
|
§ 64-10
|
Unnumbered paragraph
| |
Article II, Specifications
|
Resolution
|
3-26-1977
|
§ 64-11
|
Sec. 1
| |
§ 64-12
|
Sec. 2
| |
§ 64-13
|
Sec. 3
| |
§ 64-14
|
Sec. 4
| |
§ 64-15
|
Sec. 5
| |
§ 64-16
|
Sec. 6
| |
§ 64-17
|
Sec. 7
| |
§ 64-18
|
Sec. 8
| |
§ 64-19
|
Sec. 9
| |
§ 64-20
|
Sec. 10
| |
§ 64-21
|
Sec. 11
| |
§ 64-22
|
Sec. 12
| |
§ 64-23
|
Sec. 13
| |
§ 64-24
|
Sec. 14
| |
§ 64-25
|
Sec. 15
| |
§ 64-26
|
Sec. 16
| |
Chapter 69, Excavations and Grading
| ||
Article I, Excavations
|
7-11-1957
| |
§ 69-1
|
Sec. 1
| |
§ 69-2
|
Sec. 2
| |
§ 69-3
|
Sec. 3
| |
§ 69-4
|
Sec. 4
| |
§ 69-5
|
Sec. 5
|
Amended at time of adoption of Code
|
§ 69-6
|
Sec. 6
| |
§ 69-7
|
Sec. 7
| |
§ 69-8
|
Secs. 8 and 9
| |
§ 69-9
|
Sec. 10
| |
§ 69-10
|
Sec. 11
| |
§ 69-11
|
Sec. 12 Sec. 13
|
Deleted at time of adoption of Code
|
Omitted
|
Sec. 14
| |
Article II, Grading and Earth Removal
|
2-21-1967
| |
§ 69-12
|
Sec. 1.1
| |
§ 69-13
|
Sec. 1.2
| |
§ 69-14
|
Sec. 1.3
| |
§ 69-15
|
Sec. 1.4
|
Amended 6-11-1977; at time of adoption of Code
|
§ 69-16
|
Sec. 1.5
| |
§ 69-17
|
Sec. 1.5.1
|
Amended at time of adoption of Code
|
Omitted
|
Sec. 1.6
| |
Omitted
|
Sec. 1.7
| |
Omitted
|
Sec. 1.8
| |
Article III, Open Pits
|
L.L. No. 1-1978
|
2-14-1978
|
§ 69-18
|
Sec. 1
| |
§ 69-19
|
Sec. 2
| |
§ 69-20
|
Sec. 3
| |
§ 69-21
|
Sec. 4
| |
§ 69-22
|
Sec. 5
|
Amended at time of adoption of Code
|
§ 69-23
|
Sec. 6
| |
§ 69-24
|
Sec. 7
| |
§ 69-25
|
Sec. 8
|
Amended at time of adoption of Code
|
Omitted
|
Sec. 9
| |
Omitted
|
Sec. 10
| |
Chapter 74, Flood Damage Prevention
|
L.L. No. 2-1987
|
3-26-1987
|
§ 74-1
|
Sec. 1.1
| |
§ 74-2
|
Sec. 1.2
| |
§ 74-3
|
Sec. 1.3
| |
§ 74-4
|
Sec. 2.0
| |
§ 74-5
|
Sec. 3.1
| |
§ 74-6
|
Sec. 3.2
| |
§ 74-7
|
Sec. 3.3
| |
Omitted
|
Sec. 3.4
| |
§ 74-8
|
Sec. 3.5
| |
§ 74-9
|
Sec. 3.6
| |
§ 74-10
|
Sec. 4.1
| |
§ 74-11
|
Sec. 4.2
| |
§ 74-12
|
Sec. 4.3
| |
§ 74-13
|
Sec. 5.1
| |
§ 74-14
|
Sec. 5.2
| |
§ 74-15
|
Sec. 5.3
| |
§ 74-16
|
Sec. 6.0
| |
Chapter 83, Historic Sites
|
12-11-1986
| |
§ 83-1
|
Initial unnumbered paragraph
| |
§ 83-2
|
Sec. 1
| |
§ 83-3
|
Sec. 2
| |
§ 83-4
|
Sec. 3a
| |
§ 83-5
|
Sec. 3b
| |
§ 83-6
|
Sec. 3c
| |
§ 83-7
|
Sec. 4a
| |
§ 83-8
|
Secs. 4b, c and d and 5
| |
§ 83-9
|
Sec. 6
|
Amended at time of adoption of Code
|
Omitted
|
Sec. 7
| |
Chapter 87, Junkyards
|
Adopted at time of adoption of Code
| |
§ 87-1
|
§ 87-1
| |
§ 87-2
|
§ 87-2
| |
§ 87-3
|
§ 87-3
| |
§ 87-4
|
§ 87-4
| |
§ 87-5
|
§ 87-5
| |
§ 87-6
|
§ 87-6
| |
§ 87-7
|
§ 87-7
| |
§ 87-8
|
§ 87-8
| |
§ 87-9
|
§ 87-9
| |
§ 87-10
|
§ 87-10
| |
Chapter 91, Littering
|
L.L. No. 4-1987
|
9-17-1987
|
§ 91-1
|
Sec. 1
| |
§ 91-2
|
Sec. 2
| |
§ 91-3
|
Sec. 3
| |
§ 91-4
|
Sec. 4
| |
§ 91-5
|
Sec. 5
|
Amended at time of adoption of Code
|
Chapter 103, Peddling and Soliciting
|
Adopted at time of adoption of Code
| |
§ 103-1
|
§ 103-1
| |
§ 103-2
|
§ 103-2
| |
§ 103-3
|
§ 103-3
| |
§ 103-4
|
§ 103-4
| |
§ 103-5
|
§ 103-5
| |
§ 103-6
|
§ 103-6
| |
§ 103-7
|
§ 103-7
| |
§ 103-8
|
§ 103-8
| |
§ 103-9
|
§ 103-9
| |
§ 103-10
|
§ 103-10
| |
§ 103-11
|
§ 103-11
| |
§ 103-12
|
§ 103-12
| |
§ 103-13
|
§ 103-13
| |
§ 103-14
|
§ 103-14
| |
Chapter 107, Records, Public Access to
|
3-14-1978
| |
§ 107-1
|
Sec. 1
| |
§ 107-2
|
Sec. 2
|
Amended at time of adoption of Code
|
§ 107-3
|
Sec. 3
|
Amended at time of adoption of Code
|
§ 107-4
|
Sec. 4
| |
§ 107-5
|
Sec. 5
| |
§ 107-6
|
Sec. 6
| |
§ 107-7
|
Sec. 7
|
Amended at time of adoption of Code
|
§ 107-8
|
Sec. 8
|
Amended at time of adoption of Code
|
Chapter 112, Sewers and Water
| ||
Article 1, Sewers
|
10-18-1983
| |
§ 112-1
|
Sec. 1.1, first unnumbered paragraph
| |
§ 112-2
|
Sec. 1.1, second unnumbered paragraph and Subs.
(a), (b), (c) and (d)
| |
§ 112-3
|
Sec. 1.1, third unnumbered paragraph
| |
§ 112-4
|
Secs. 1.2 and 1.3
|
Amended 9-13-1984
|
§ 112-5
|
Sec. 2
| |
§ 112-6
|
Sec. 3
| |
§ 112-7
|
Sec. 4
| |
§ 112-8
|
Sec. 5
|
Amended 9-13-1984; at time of adoption of Code
|
§ 112-9
|
Sec. 6
| |
§ 112-10
|
Sec. 7.1
| |
§ 112-11
|
Sec. 7.2
| |
§ 112-12
|
Sec. 7.3
| |
§ 112-13
|
Sec. 8
|
Amended at time of adoption of Code
|
Omitted
|
Sec. 9
| |
Omitted
|
Sec. 10
| |
Omitted
|
Sec. 11
| |
Article II, Collection of Connection Charges
|
Resolution
|
6-18-1987
|
§ 112-14
|
First and second unnumbered paragraphs
| |
§ 112-15
|
Third unnumbered paragraph
| |
Chapter 117, Solid Waste Collection
|
L.L. No. 1-1985
|
2-14-1985
|
§ 117-1
|
Sec. 1
| |
§ 117-2
|
Sec. 2
| |
§ 117-3
|
Sec. 3
|
Amended at time of adoption of Code
|
§ 117-4
|
Sec. 4
| |
§ 117-5
|
Sec. 5
| |
§ 117-6
|
Sec. 6
| |
§ 117-7
|
Sec. 7
|
Amended at time of adoption of Code
|
§ 117-8
|
Sec. 8
|
Amended at time of adoption of Code
|
§ 117-9
|
Sec. 9
| |
§ 117-10
|
Sec. 10
| |
§ 117-11
|
Sec. 11
| |
§ 117-12
|
Secs. 12, 13, 14 and 15
| |
§ 117-13
|
Sec. 16
| |
§ 117-14
|
Sec. 17
| |
Omitted
|
Sec. 18
| |
Chapter 121, Streets and Sidewalks
| ||
Article I, Notification of Defects
|
L.L. No. 2-1985
|
3-14-1985
|
§ 121-1
|
Sec. 1
| |
§ 121-2
|
Sec. 2
| |
§ 121-3
|
Sec. 3
| |
§ 121-4
|
See. 4
| |
Omitted
|
Sec. 5
| |
Chapter 126, Taxation
| ||
Article I, Senior Citizens Tax Exemption
|
L.L. No. 3-1986
|
12-11-1986
|
§ 126-1
|
First unnumbered paragraph
|
Amended at time of adoption of Code
|
§ 126-2
|
Second unnumbered paragraph
| |
Omitted
|
Third unnumbered paragraph
| |
Article II, Business Tax Exemption
|
L.L. No. 4-1986
|
12-11-1986
|
§ 126-3
|
Sec. 1
| |
Omitted
|
Unnumbered paragraph
| |
Chapter 134, Vehicles, Off-Road
|
Adopted at time of adoption of Code
| |
§ 134-1
|
§ 134-1
| |
§ 134-2
|
§ 134-2
| |
§ 134-3
|
§ 134-3
| |
§ 134-4
|
§ 134-4
| |
§ 134-5
|
§ 134-5
|
All local laws, ordinances and resolutions of
a general and permanent nature of the Town of Southeast 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, ordinances and resolutions 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:
A.Â
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Southeast prior to
the effective date of this local law, or any action or proceeding
brought for the enforcement of such right or liability.
B.Â
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 Southeast, or any penalty, punishment or forfeiture which
may result therefrom.
C.Â
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 Southeast.
D.Â
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Southeast.
E.Â
Any local law, ordinance or resolution of the Town
of Southeast 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 Southeast or
any portion thereof.
F.Â
Any local law, ordinance or resolution of the Town
of Southeast 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 Southeast or other instruments
or evidence of the Town's indebtedness.
G.Â
Local laws, ordinances or resolutions authorizing
the purchase, sale, lease or transfer of property, or any lawful contract
or obligation.
H.Â
The levy or imposition of special assessments or charges.
I.Â
The dedication of property.
J.Â
Any local laws, ordinances or resolutions relating
to salaries.
K.Â
Local Law No. 2-1977 relating to freshwater wetlands,
and all amendments thereto, and the freshwater wetlands procedural
regulations adopted 11-14-1978, and any amendments thereto.
L.Â
The Parks Ordinance adopted 8-10-1971, and any amendments
thereto.
M.Â
All legislation relating to vehicles and traffic.
N.Â
All legislation relating to zoning.
O.Â
All legislation relating to subdivision of land.
P.Â
All legislation adopted subsequent to October 1, 1987.
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.
A copy of the Code, in loose-leaf form, has
been filed in the office of the Town Clerk of the Town of Southeast
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 Southeast by impressing thereon the Seal of the Town of Southeast,
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.
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 Southeast," 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 Southeast 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
changes or local laws, ordinances 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 Southeast 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.
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 Southeast, or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the Town of Southeast 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.Â
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Southeast, 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, 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.Â
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 § 1-1B, the following sections or chapters were added or amended: §§ 5-1, 5-2, Ch. 46, §§ 50-4, 50-5A and B, Ch. 55, §§ 60-1, 60-8E, 60-11, 60-14, 64-8, 64-9, 69-5, 69-15C, 69-17, 69-22A, 69-25, 83-9, Ch. 87, § 91-5A, Ch. 103, §§ 107-2A, 107-3B, 107-7C, 107-8B, 112-8G, 112-13B, 117-3, 117-7, 117-8, 126-1 and Ch. 134.
The following original sections were deleted:
Section 13 of a resolution adopted 7-11-1957.
A complete description of each change may
be found in L.L. No. 5-1988, on file in the office of the Town Clerk.
This local law shall take effect upon filing
with the Secretary of State and State Comptroller as required by § 27
of the Municipal Home Rule Law.
[During the process of codification, certain
changes to various existing legislation were approved by the Town
Board for inclusion in the Code of the Town of Southeast. Such amendments
are noted in the histories of individual chapters as "... amended
during codification; see Ch. 1, General Provisions, Art. II." During
the course of routine supplementation, specific amendment dates will
be inserted where pertinent in the text of the various chapters.
The listing below sets forth each chapter
and, where applicable, each section affected by any such legislation
adopted during codification. The complete text of such amendments
is on file in the office of the Town Clerk, where it may be inspected
during regular office hours.]
|
Chapter/Section
|
Adoption Date
|
Legislation
|
---|---|---|
Ch. A143, Road and Drainage Specifications, § A143-3C(5)
|
6-16-1988
|
Resolution
|