Town of Riga, NY General Provisions

[HISTORY: Adopted by the Town Board of the Town of Riga: Art. I, 3-4-1980 by L.L. No. 1-1980; Art. II, 12-31-1996 by L.L. No. 5-1996. Amendments noted where applicable.]

Article I Adoption of 1979 Code

[Adopted 3-4-1980 by L.L. No. 1-1980]

§ 1-1 Legislative intent.

The local laws, ordinances and certain resolutions of the Town of Riga referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Riga," 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.

Omitted sections pertain to repeal, severability or when effective provisions which are covered by provisions of this local law or are ordinance title sections which are not necessary in a codification having chapter and/or Article titles for the various ordinances and local laws included therein. Certain sections are also omitted as their provisions, by their nature, are no longer effective.

New Number (chapter, title, Article, section)	Old Number (source)	Adoption or Amendment Date
Chapter 17, Dumps and Dumping	L.L. No. 3-1979	9-25-1979
§§ 17-1 through 17-9	1 through 9
Omitted	§§ 10 through 12
Chapter 19, Environmental Quality Review	L.L. No. 2-1979	7-10-1979
§§ 19-1 through 19-12	Sec. I through XII
Omitted	Sec. XIII
Chapter 21, Ethics, Code of	L.L. No. 2-1970	6-16-1970
§§ 21-1 and 21-2	Article I, Secs. 1 and 2
§§ 21-3 through 21-6	Article II, Secs. 1 through 4
§ 21-7A, B, C	Article III, Secs. 1 through 3
§§ 21-8 through 21-10 Omitted	Article IV, Secs. 1 through 3 Articles V and VI
Chapter 23, Excavation and Filling of Land	L.L. No. 4-1979	9-25-1979
Article I	Article I
§§ 23-1 through 23-10	§§ 1 through 10
Article II	Article II
§§ 23-11 through 23-19	§§ 11 through 19
Article III	Article III
§§ 23-20 and 23-21	§§ 20 and 21
Omitted	Article IV §§ 22 through 24
Chapter 28, Flood Damage Control
Article I, Land Use Control Measures	Resolution	5-6-1975
§§ 28-1 through 28-4	Secs. 1 through 4
Article II, Review of Applications	Resolution	5-6-1975
§§ 28-5 through 28-7	Secs. 1 through 3
Chapter 30, Freshwater Wetlands	Ordinance	8-24-1976
§§ 30-1 through 30-3	Secs. 1 through 3
§ 30-4	Sec. 4	Amended 9-25-1979
§§ 30-5 and 30-6	Secs. 5 and 6
§ 30-7	Sec. 7	Amended 9-25-1979
§ 30-8	Sec. 8	Amended 9-25-1979
§ 30-9	Sec. 9	Amended 9-25-1979
§§ 30-10 through 30-14	Secs. 10 through 14
§ 30-15	Sec. 15	Amended 9-25-1979
§§ 30-16 and 30-17	Secs. 16 and 17
Omitted	Sec. 18
§ 30-18	Sec. 19
Omitted	Sec. 20
Chapter 32, Games of Chance
Article I, Bingo	Ordinance	4-22-1958; amended in its entirety 9-25-1979 by L.L. No. 5-1979
§§ 32-1 through 32-5	§§ 1 through 5
Omitted	§§ 6 through 8
Article II, Other Games of Chance	L.L. No. 1-1978	2-23-1978
§§ 32-6 through 32-11	Secs. 1 through 6
Omitted	Secs. 7 and 8
Chapter 39, Local Laws, Adoption of	L.L. No. 1-1970	6-2-1970
§§ 39-1 through 39-5	Secs. 1 through 5
Omitted	Sec. 6
Chapter 46, Public Records, Access to	Resolution	11-8-1978
§ 46-1	Sec. 1
§ 46-2A, B	Secs. 2 and 3
§ 46-3	Sec. 4
§ 46-4A, B	Secs. 5 and 6
§§ 46-5 through 46-7	Secs. 7 through 9
Chapter 52, Streets and Sidewalks
Article I, Notification of Defects	L.L. No. 2-1977	12-6-1977
§§ 52-1 through 52-3	Secs. 1 through 3
Omitted	Sec. 4
Chapter 54, Subdivision of Land	Ordinance	11-9-1976 by Planning Board; approved by the Town Board 12-7-1976
Article I	Article I
§§ 54-1 through 54-8	Secs. 1 through 8
Omitted	Sec. 9
§§ 54-9 and 54-10	Secs. 10 and 11
Omitted	Secs. 12 and 13
§ 54-11	Sec. 14
Omitted	Sec. 15
§§ 54-12 and 54-13	Secs. 16 and 17
Article II	Article II
§ 54-14	Unnumbered section
Article III	Article III
§ 54-15	First paragraph
§§ 54-16 through 54-23	Secs. 1 through 8
Article IV	Article IV
§ 54-24	First paragraph
§ 54-25	Sec. 1
§§ 54-26 through 54-35	Secs. 2A through 2J
Article V	Article V
§ 54-36	First paragraph
§ 54-37	Second paragraph, entitled "Permitted Modifications"
Article VI	Article VI
§§ 54-38 through 54-40	Secs. 1 through 3
Article VII	Article VII
§§ 54-41 through 54-43	Secs. 1 through 3
Omitted	Article VIII
Chapter 57, Taxation
Article I, Senior Citizens Tax Exemption	L.L. No. 1-1979	7-10-1979
§§ 57-1 and 57-2	Secs. 1 and 2
Omitted	Sec. 3
Chapter 59, Trailers and Trailer Parks	Ordinance	3-1-1949
§§ 59-1 through 59-3	Secs. 1 through 3
§ 59-4	Sec. 4	Amended 6-8-1955
§§ 59-5 through 59-11	Secs. 5 through 11
§ 59-12	Sec. 11A	Added 6-8-1954
§§ 59-13 through 59-18	Secs. 12 through 17
Omitted	Sec. 18
§ 59-19	Final paragraph
Chapter 61, Vehicles and Traffic
Article I, Parking	Ordinance	7-5-1977 Restrictions
§§ 61-1 through 61-3	Secs. A through C
Omitted	Sec. D
Chapter 64, Vehicles, Junked	L.L. No. 3-1970	12-1-1970
§§ 64-1 and 64-2	Secs. 1 and 2
§ 64-3	Sec. 3	Amended 9-25-1979 by L.L. No. 6-1979
§ 64-4		Added 9-25-1979 by L.L. No. 6-1979
Chapter 68, Zoning	Ordinance	2-4-1969
Article I	Part I
§§ 68-1 and 68-2	Secs. 1 and 2
Article II	Part II
§ 68-3	Sec. 21
§ 68-4	Sec. 22	Amended 4-1-1969
§§ 68-5 and 68-6	Secs. 23 and 25_
§ 68-7	Sec. 30	Amended 4-1-1969
§§ 68-8 through 68-19	Secs. 31 through 42
Article III	Part III
§§ 68-20 through 68-23	Secs. 50 through 53
Omitted	Sec. 54
§ 68-24	Sec. 55
Omitted	Secs. 56 and 57
§ 68-25	Sec. 58
Omitted	Sec. 59

§ 1-3 Continuation of existing provisions.

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, as distributed and renumbered in § 1-2 above, 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 Riga, 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, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.

In compiling and preparing the local laws, ordinances and certain resolutions of the town for publication as the Code of the Town of Riga 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.

§ 1-4 Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Town of Riga, 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 herein, are hereby repealed as of the effective date of this local law, except as hereinafter provided.

§ 1-5 Enactments saved from repeal; matters not affected.

The repeal of local laws and ordinances provided for in § 1-4 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 Riga prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.

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 Riga, 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 Riga.

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

Any local law, ordinance or resolution of the Town of Riga 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 Riga or any portion thereof.

Any local law, ordinance or resolution of the Town of Riga 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 Riga or other instruments or evidence of the town's indebtedness.

Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property.

Any lawful contract or obligation.

The levy or imposition of special assessments or charges, or the establishment of any fee, charge or rate for a permit, license, application or service.

The dedication of property.

Any local law, ordinance or resolution pertaining to any water, sewer, fire, lighting or other special purpose district.

Any rules, regulations, standards or specifications referred to or authorized to be adopted by any local law, ordinance or resolution included in the Code.

Any local law, ordinance or resolution pertaining to the appointment of town personnel or to the compensation, conditions of employment or benefits of town personnel, or any other type of resolution or policy pertaining to personnel.

Any local law, ordinance or resolution adopted subsequent to September 25, 1979. Local laws, ordinances and resolutions adopted subsequent to September 25, 1979, but prior to the effective date of this local law are hereby specifically continued in effect to the same extent as if referred to in § 1-2 of this local law, and such local laws, ordinances and resolutions of a Code nature shall hereafter be incorporated into the Code in such manner as is most appropriate.

§ 1-6 Filing of copies of Code.

A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Riga and shall remain there for use and examination by the public until final action is taken on this local law, and upon adoption of this local law, such copy shall be certified to by the Town Clerk of the Town of Riga, 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.

§ 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 Riga," or any new local laws, ordinances or resolutions of a general and permanent nature, 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 of the Town of Riga 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 in such manner as is provided by law generally for the amendment of local laws, ordinances and resolutions.

§ 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 Riga 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 change 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 Riga 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 Publication; filing.

The Town Clerk of the Town of Riga, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this local law in the official newspaper of the town. A copy of the Code of the Town of Riga shall be maintained in the office of the Town Clerk for inspection by the public at all times during regular office hours. The enactment and application 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.

§ 1-11 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 Riga, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Riga to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment.

§ 1-12 Severability.

If any clause, sentence, paragraph, section, Article or part of this local law or of any local law or ordinance cited in the table in § 1-2 hereof or of any local law, ordinance or resolution incorporated into the Code hereafter 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.

§ 1-13 Incorporation of provisions into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Riga, to be entitled "Chapter 1, General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-14 inclusive.

§ 1-14 When effective.

This local law shall take effect as provided by law upon filing with the Secretary of State of the State of New York.

Article II Adoption of Renumbering of Code

[Adopted 12-31-1997 by Ord. No. 5-1996]

§ 1-15 Adoption of renumbering.

The local laws, ordinances and resolutions of the Town of Riga of a general and permanent nature adopted by the Town Board of the Town of Riga by L.L. No. 1-1980 on March 4, 1980, as revised, codified and consolidated into chapters, Articles and sections by General Code Publishers Corp. as set forth below, and as renumbered to consist of Chapters 1 through 95, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Riga," hereafter known and referred to as the "Code."

Distribution Table
Chapter in 1979 Code	Chapter in 1996 Code
1, General Provisions	1
9, Building Construction	33
15, Dogs	30
17, Dumping	40
19, Environmental Quality Review	44
21, Ethics, Code of	5
23, Excavation and Filling of Land	47
28, Flood Damage Prevention	51
30, Freshwater Wetlands	Repealed by L.L. No. 1-1986
32, Games of Chance	52
39, Local Laws. Adoption of	12
46, Public Records, Access to	18
48, Residency Requirements	23
49, Salaries and Compensation	26
50, Sewer Rents and Charges	72
51, Sewer Use	72
51A, Solid Waste	75
52, Streets and Sidewalks	78
54, Subdivision of Land	81
57, Taxation	85
59, Trailers and Trailers Parks	Superseded by L.L. No. 4-1996 See Ch. 62
60, Vehicles, Abandoned	89
61, Vehicles and Traffic	92
64, Vehicles, Junked	89
68, Zoning	Superseded by L.L. No. 2-1996 See Ch. 95

§ 1-16 Additional changes.

The following changes are hereby adopted as part of the process of republication:

References to New York State statutes are hereby revised to cite the current provisions.

Sections 92-D(1), 92-27D(1) and 92-28E(1) of Chapter 95, Zoning, are amended to correct provisions regarding dimensional requirements to provide that when either public water or sewer are provided, the requirements shall be the same as when no public water or sewer are provided.