[HISTORY: Adopted by the Town Board of the Town of Brighton 1-24-1996 as L.L. No. 1-1996. Amendments noted where applicable.]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Brighton, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 199, together with an Appendix and the Comprehensive Development Ordinance previously printed as Volume II consisting of Chapters 201 through 227, shall be known collectively as the "Code of the Town of Brighton," 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 Brighton" 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 Brighton, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Brighton 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and continued in force by reference therein are hereby repealed from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 Brighton 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 Brighton 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 Brighton.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Brighton.
E.
Any local law or ordinance of the Town of Brighton
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 Brighton or any portion
thereof.
F.
Any local law or ordinance of the Town of Brighton
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 Brighton 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 11,
1995.
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 Brighton
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 Brighton 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 Brighton" 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 Brighton 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 may be purchased from the
Town Clerk of the Town of Brighton 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 Brighton or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Town of Brighton 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.
A.
Unless another penalty is required by statute or unless
another penalty is specifically provided for in any chapter of the
Code, a violation of any provision of the Code of the Town of Brighton
shall be punishable, upon conviction, by a maximum fine of two hundred
fifty dollars ($250.) or by imprisonment for not more than fifteen
(15) days, or both. Each day's continued violation shall constitute
a separate offense. Failure to obtain a permit or approval for any
act where required by this Code shall constitute a violation of this
Code, punishable as contained herein.
B.
The Commissioner of Public Works or designee or any
police officer or any other person authorized by the Town Board may
enforce the Code of the Town of Brighton.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Brighton, 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 (1) 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 amendments and/or additions
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]
(2)
Gender-neutral language. Throughout the Code, gender-neutral
language is used. References to "him/his/he" are amended to use the
term "he or she," "him or her" or "his or her." In other instances,
the noun is repeated or "they" is used instead. These nomenclature
changes shall be made in supplementation of the Code books as well.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
