Town of Southeast, NY General Provisions

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.

§ 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 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

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

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.

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

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:

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.

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.

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.

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

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.

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.

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.

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.

The Parks Ordinance adopted 8-10-1971, and any amendments thereto.

All legislation relating to vehicles and traffic.

All legislation relating to zoning.

All legislation relating to subdivision of land.

All legislation adopted subsequent to October 1, 1987.

§ 1-5 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.

§ 1-6 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 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.

§ 1-7 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 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.

§ 1-8 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 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.

§ 1-9 Sale of Code book; supplementation.

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.

§ 1-10 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 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.

§ 1-11 Changes in previously adopted legislation.

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.

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.

§ 1-12 When effective.

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.

Article II Legislation Enacted During Codification

[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