[HISTORY: Adopted by the Town Board of the
Town of Ramapo as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-6-2012 by L.L.
No. 2-2012]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Town of Ramapo, as codified by General Code and consisting of Chapters 1 through 376, shall be known collectively as the "Code of the Town of Ramapo," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the Code of the Town of Ramapo to any other local law or ordinance 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 or ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. 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 Ramapo, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Ramapo 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in force by reference therein are hereby repealed from and after the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 Ramapo 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 Ramapo 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 Ramapo.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Ramapo.
E.
Any local
law or ordinance of the Town of Ramapo 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 Ramapo or any portion thereof.
F.
Any local
law or ordinance of the Town of Ramapo 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 Ramapo 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 or approval of preliminary or final subdivision
plats.
J.
Any local
law or ordinance relating to salaries and compensation.
K.
Any local
law or ordinance amending the Zoning Map.
L.
The Subdivision
Regulations and Highway Specifications and any local law or ordinance
amending the Subdivision Regulations or Highway Specifications.
M.
Any local
law or ordinance relating to or establishing a pension plan or pension
fund for Town employees.
N.
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.
O.
Any local
law adopted subsequent to May 25, 2011.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law or ordinance 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 has been filed in the office of the Town
Clerk of the Town of Ramapo 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 Ramapo 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 and ordinances known collectively as the
"Code of the Town of Ramapo" or any new local laws or ordinances,
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 inserted
in said Code as amendments and supplements thereto. Nothing contained
in this local law shall affect the status of any local law or ordinance
contained herein, and such local laws or ordinances 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 Code of the Town of Ramapo 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 and ordinances 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 or ordinances until
such changes, local laws or ordinances are included as supplements
to said Code.
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 alters or tampers with the Code of the Town of
Ramapo in any manner whatsoever which will cause the legislation of
the Town of Ramapo 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 and ordinances for publication as the Code of the Town of Ramapo, no changes in the meaning or intent of such local laws and ordinances have been made, except as provided for in Subsections B and C 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 and ordinances had been previously formally amended to read as such.
B.
Throughout
the Code, references to the "Building Department" and "Building and
Zoning Department" are amended to read "Building, Planning and Zoning
Department."
C.
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 and ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: A copy of Schedule A is on file in the office
of the Town Clerk.
In adopting the Code of the Town of Ramapo, it is the intent
of the Town Board to exercise the powers granted to it by § 10(1)(d)(3)
of the Municipal Home Rule Law to amend the Town Law. Therefore, any
provisions of the Code of the Town of Ramapo adopted hereby or which
may be adopted in the future which conflict with the Town Law are
hereby declared to be amendments to the Town Law, enacted pursuant
to the above-cited section, regardless of whether or not the legislation
establishing such amendments specifically refers to the Town Law.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
[Adopted 5-23-1979 by L.L. No. 4-1979]
The provisions of this article shall govern
the classification and designation of every offense or violation as
defined within the Revised Code of the Town of Ramapo and any of its
rules, regulations or resolutions hereafter adopted or promulgated
by the Town Board of the Town of Ramapo, except as may be otherwise
expressly set forth.
The terms "Code," "Revised Code" and "Revised
Code of the Town of Ramapo" as used throughout the Revised Code of
the Town of Ramapo shall be deemed to include all local laws, ordinances,
resolutions, rules and regulations duly passed, authorized or promulgated
by the Town Board of the Town of Ramapo.
A.
Any person, firm, corporation or business entity committing
an offense against or violating any provision of the Revised Code
of the Town of Ramapo shall be subject to the penalty set forth or
specified within the chapter or section violated or against which
the offense was committed.
(1)
Class 1 violation. A loss of privileges and the use
of the facility which the rules or regulations were designed to afford
the use of. Such loss of privileges, whether by suspension for a definite
period or revocation, shall be determined by the head of the department
in charge of such activity, whose determination shall be reviewable
pursuant to Article 78 of the Civil Practice Law and Rules; provided,
nevertheless, that if other or different procedure is required for
the imposition of sentence under this section, in any part of this
Revised Code, such other method shall be employed.
(2)
Class 2 violation. A civil penalty of not less than
$25 nor more than $50 for each day of violation.
(3)
Class 3 violation. Upon conviction, a sentence of
imprisonment not to exceed 15 days and/or a fine not to exceed $250
for each week of violation, or both.
(4)
Class 4 violation. Upon conviction, a sentence of
not more than one year of imprisonment and/or a fine of not more than
$1,000 for each week of violation, or both.
B.
If a person, firm or corporation has been found guilty
of a Class 3 or Class 4 violation and has gained money or property
through the commission of said violations, then the court, in lieu
of any fine authorized under this section, may sentence the defendant
to pay an amount equal to twice the amount of the defendant's gain
from the commission of the offense.
C.
The imposition of any of the penalties provided for
above shall not be construed to abridge or alter any rights of the
Town to seek any other remedy, including the imposition of any civil
penalty or the seeking of any injunctive or remedial relief which
may be authorized under law.
