[HISTORY: Adopted by the Town Board of the Town of Gardiner as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-20-1984 by L.L. No. 2-1984 as Ch. 1 of the 1984 Code]
A. 
Specific terms. When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
BOARD or TOWN BOARD
The Town Board of the Town of Gardiner in the County of Ulster and State of New York.
CODE (unless otherwise specifically qualified)
The Town of Gardiner Municipal Code.
COUNCILMAN
A Councilman of the Town of Gardiner in the County of Ulster and State of New York.
COUNTY
The County of Ulster in the State of New York.
COUNTY CLERK
The County Clerk of the County of Ulster in the State of New York.
DIRECTOR OF WEIGHTS AND MEASURES
The Director of Weights and Measures of the County of Ulster in the State of New York.
ENFORCEMENT OFFICER
The officer or employee designated by appropriate authority to be in charge of and responsible for the enforcement of the provisions of a specific Chapter of this Municipal Code, or rules or regulations or a part thereof for which he or she is so designated.
FIRE CHIEF
Any of the Fire Chiefs of any volunteer fire company which has contracted with the Town to render service in any fire district or area of the Town of Gardiner in the County of Ulster and State of New York.
FIRE DEPARTMENT
Any of the volunteer Fire Companies under contract to render services in the Town of Gardiner in the County of Ulster and State of New York.
HEALTH OFFICER
The duly appoint Health Officer who is authorized to exercise all the functions and duties of a Health Officer in the Town of Gardiner in the County of Ulster and State of New York.
MUNICIPAL CODE
The Town of Gardiner Municipal Code.
OWNER
A person who has the legal title, alone or with others, or exercises dominion or control over property, both real and personal.
PERSON
One or more persons of either sex, natural person, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
STATE
The State of New York.
SUPERINTENDENT OF HIGHWAYS, HIGHWAY SUPERINTENDENT or TOWN SUPERINTENDENT
The Superintendent of Highways of the Town of Gardiner in the County of Ulster and State of New York.
SUPERVISOR or TOWN SUPERVISOR
The Supervisor of the Town of Gardiner in the County of Ulster and State of New York.
TENANT
A person occupying real property under an oral or written lease or who is in possession of real property under the actual or tacit consent of the owner. Whenever a person, not the owner, occupies real property, it shall be presumed that he or she occupies same as a tenant.
TOWN or TOWN OF GARDINER
The Town of Gardiner in the County of Ulster and State of New York.
TOWN ATTORNEY
The Town Attorney appointed by the Town Board of the Town of Gardiner, New York; or if there is no Town Attorney, then the attorney or law firm retained by the Town to render legal advice and to represent the Town in legal matters, proceedings and actions.
TOWN BOARD or BOARD
The Town Board of the Town of Gardiner in the County of Ulster and State of New York.
TOWN CLERK or CLERK
The Town Clerk of the Town of Gardiner in the County of Ulster and State of New York.
TOWN ENGINEER
The Town officer appointed by the Town Board to serve as Town Engineer of the Town of Gardiner or an engineer employed by the Town Board to give it such professional service and advice as it may require.
B. 
Applicability of the General Construction Law. Words not otherwise above described and defined in the General Construction Law shall have the same meanings as defined therein.
C. 
Names of officers, boards, departments, commissions and other agencies. The names of officers, boards, departments, commissions and other agencies used in this Code shall be construed as though the words "of the Town of Gardiner, New York" were added unless the context or subject matter otherwise requires.
D. 
Other words. All other words used in this Code and not otherwise specifically defined shall be construed in the manner that they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.
[1]
Editor's Note: Former § 1.1, Title, which immediately preceded this section, was deleted 8-12-2003 by L.L. No. 3-2003.
A. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural.
C. 
"Or" may be read "and," and "and" may be read "or" if the sense requires it.
D. 
A word importing the masculine gender only shall also be construed to include females, corporations, partnerships, associations, joint-stock companies, societies, and all other entities capable of being sued.[1]
[1]
Editor's Note: Former § 1.4, Repeal of prior ordinances and local laws, which immediately followed this section, was deleted 8-12-2003 by L.L. No. 3-2003.
A. 
Prior ordinances and local laws not revived. The repeal of an enactment, in whole or in part, contained in this Code, shall not revive any prior ordinance or local law heretofore repealed.
B. 
No abatement. The repeal of any enactment, in whole or in part, contained in this Code shall not affect any punishment or penalty incurred, nor shall it have any effect on existing litigation and it shall not operate as an abatement of any action or proceeding now pending or which may be brought by virtue of the enactment or part thereof so repealed for any violation or act committed prior to the effective date of the repeal unless specifically abated.[1]
[1]
Editor's Note: Former § 1.6, Effect of invalidity, and § 1.7 Unlawful alteration of Code, which immediately followed this section, were deleted 8-12-2003 by L.L. No. 3-2003.
Any material contained in brackets shall not be deemed to be a part of this Code. Such material contained therein is intended to show the adoption date, effective date and comments on any changes. Likewise, any commentaries, footnotes, cross references, citations of authority or other annotations shall not be deemed a part of this Code but are inserted editorially solely to assist in the use and interpretation of this Code.
Wherever the requirements of any provisions of this Municipal Code or portion thereof are at variance with the requirements of any other lawfully adopted rule, regulation, ordinance, local law, other enactment or other part of this Municipal Code, the most restrictive, or that imposing the higher standards, shall govern unless a contrary intent is expressly stated.
Unless otherwise specifically provided, the violation of any chapter, rule or regulation or any specific provision or provisions thereof adopted by the Town Board as a part of this Code shall be deemed a violation against such chapter, rule, regulation, or provisions of this Code, punishable by a fine not to exceed $250 or imprisonment for not more than 15 days, or both such fine and imprisonment; provided, however, that for the purpose of conferring jurisdiction upon courts and judicial officers generally, such violation shall be deemed a misdemeanor and for such purpose only all provisions of law relating to misdemeanors shall apply to such violation.
The failure of any officer or employee of the Town to perform any official act imposed by this Code shall not be an offense, and shall not subject such officer or employee to the penalty imposed for the violation of any provision of this Code, unless a penalty is specifically provided therefor.
A. 
Wherever any officer of the Town is granted certain powers or duties or is designated as the enforcement officer of a specific chapter or portion thereof, it shall also be construed to include the deputies, assistants and representatives of such officer as may be designated, delegated or authorized by such officer to exercise such powers or duties.
B. 
While acting within the scope of their employment, it shall be presumed that all acts performed by such deputies, assistants and representatives were duly delegated and authorized.
In case any provision of the Town of Gardiner Municipal Code is inconsistent with any provision of the Town Law, pursuant to the authority contained in Subdivision 1, Paragraph (d), Subparagraph [3] of § 10 of the Municipal Home Rule Law, the Town Law is modified and superseded in its application to the Town of Gardiner to the extent and only to the extent that the Town Law is inconsistent with any provision of the Town of Gardiner Municipal Code.
The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the ordinances contained herein are enacted.
A. 
Violation constitutes offense. A violation of the Subdivision Regulations of the Town of Gardiner[1] is hereby declared to be an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of the Subdivision Regulations of the Town of Gardiner shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violations shall constitute a separate additional violation.
[1]
Editor's Note: See Ch. 188, Subdivision of Land.
B. 
Injunctive relief. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks, or sites in violation of the Subdivision Regulations of the Town of Gardiner, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such premises.
[Adopted 8-12-2003 by L.L. No. 3-2003]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Gardiner , as codified by General Code Publishers Corp., and consisting of Chapters 1 through 220, together with an Appendix, shall be known collectively as the "Code of the Town of Gardiner," 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 Gardiner" 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 Gardiner, 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 § 1-14 below.
All local laws and ordinances of a general and permanent nature of the Town of Gardiner 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 § 1-14 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 Gardiner 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 Gardiner 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 Gardiner.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Gardiner.
E. 
Any local law or ordinance of the Town of Gardiner 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 Gardiner or any portion thereof.
F. 
Any local law or ordinance of the Town of Gardiner 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 Gardiner 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 adopted subsequent to 11-30-2001.
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 Gardiner 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 Gardiner 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 Gardiner" 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 Gardiner 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.
Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Town Board. The Clerk may also arrange for procedures for the periodic supplementation of the 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 Gardiner or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Gardiner 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 Gardiner, 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 amendments and/or additions as set forth in Schedule A 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]
[1]
Editor's Note: Schedule A is on file in the Town offices.
C. 
References to specific articles and sections of the New York Statutes and the Official Compilation of Codes, Rules and Regulations (NYCRR) are revised to reflect the numbering of the statutes and NYCRR as of the publication of this Code.
D. 
Nomenclature. The following nomenclature changes are made throughout the Code:
(1) 
"Development Plan" and "Master Plan" are changed to "Comprehensive Plan."
(2) 
"Building Code applicable to this Town" is changed to "New York State Uniform Fire Prevention and Building Code."
(3) 
"Board of Appeals" is changed to "Zoning Board of Appeals."
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Gardiner, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-12 to 1-24, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.