Town of Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Collins as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-15-1987 by L.L. No. 1-1987 (§§ 1.2, 1.3 and 1.10 through 1.14 of the 1987 Code)]

§ 1-1 Definitions.

A. 
Specific terms. When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires:
ASSESSOR
The single appointed Assessor of the Town of Collins, County of Erie, State of New York.
[Amended 1-5-2015 by L.L. No. 1-2015]
ATTORNEY or TOWN ATTORNEY
The Town Attorney of the Town of Collins in the County of Erie and State of New York or an Attorney retained by the Town Board to render legal advice and assistance.
BOARD or TOWN BOARD
The Town Board of the Town of Collins in the County of Erie and State of New York.
CLERK or TOWN CLERK
The Town Clerk of the Town of Collins in the County of Erie and State of New York.
CODE ENFORCEMENT OFFICER
The officer of the Town of Collins appointed by the Town Board to enforce the New York State Uniform Fire Prevention and Building Code, Zoning Law, Unsafe Buildings Law, Flood Damage Prevention Law, Swimming Pools Law and any other related laws as designated in this Code or by the Town Board.
COUNTY
The County of Erie in the State of New York.
COUNTY CLERK
The County Clerk of the County of Erie in the State of New York.
DIRECTOR OF WEIGHTS AND MEASURES
The Director of Weights and Measures of the County of Erie 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 Department which has contracted to render service in any fire district or fire protection district in the Town of Collins in the County of Erie and State of New York.[1]
MUNICIPAL CODE
The Town of Collins Municipal Code.
MUNICIPALITY
The Town of Collins in the County of Erie and State of New York.
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 Collins in the County of Erie and State of New York.
SUPERVISOR or TOWN SUPERVISOR
The Supervisor of the Town of Collins in the County of Erie 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 COLLINS
The Town of Collins in the County of Erie and State of New York.
TOWN BOARD or BOARD
The Town Board of the Town of Collins in the County of Erie and State of New York.
TOWN CLERK or CLERK
The Town Clerk of the Town of Collins in the County of Erie and State of New York.
TOWN COUNCILMAN
A member of the Town Board of the Town of Collins in the County of Erie and State of New York, other than the Supervisor.
TOWN ENGINEER
The Town officer appointed by the Town Board to serve as Town Engineer of the Town of Collins or an engineer employed by the Town Board to give it such professional service and advice as it may require.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Collins in the County of Erie and State of New York.
[Amended 1-5-2015 by L.L. No. 1-2015]
[1]:
Editor's Note: The former definition of "health officer," which immediately followed this definition, was repealed 1-5-2015 by L.L. No. 1-2015.
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 Collins, in the County of Erie and State of New York" were added unless the context or subject matter otherwise requires or as otherwise defined.
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.

§ 1-2 Rules of construction.

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.

§ 1-3 Penalties for offenses.

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 of not more than 15 days, or both such fine and imprisonment.

§ 1-4 Failure of officers or employees to perform duties.

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.

§ 1-5 Deputies, assistants and representatives.

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.

§ 1-6 Supersession of Town Law.

In case any provision of the Town of Collins 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 Collins to the extent and only to the extent that the Town Law is inconsistent with any provision of the Town of Collins Municipal Code.
[Adopted 1-5-2015 by L.L. No. 1-2015]

§ 1-7 Legislative intent.

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Collins, as codified by General Code, and consisting of Chapters 1 through 305, together with an Appendix, shall be known collectively as the "Code of the Town of Collins," 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 Collins" 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.

§ 1-8 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, 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 Collins, and it is the intention of said Town 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 § 1-9 below.

§ 1-9 Repealer.

A. 
Repeal of inconsistent enactments. Except as provided in § 1-10, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-19; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Collins which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
Repeal of specific enactments. The Town Board of the Town of Collins has determined that the following local laws and/or ordinances are no longer in effect and hereby specifically repeals the following legislation:
(1) 
Section 1.20, Violation of Subdivision Regulations, of the 1987 Code.
(2) 
Chapter 34, Environmental Quality Review, of the 1987 Code.
(3) 
Chapter 35, Swimming Pools, of the 1987 Code.
(4) 
Chapter 83, Job Incentive Tax Exemption, of the 1987 Code.
(5) 
Chapter 100, Publication and Proof of Ordinances, of the 1987 Code.
(6) 
Local Law No. 1-1992, Vehicles and traffic amendment, adopted June 1, 1992.
(7) 
Local Law No. 1-1996, Collection and disposal of solid waste; recycling, adopted February 12, 1996.
(8) 
Local Law No. 3-1996, Term of office for Tax Collector, adopted April 15, 1996.
(9) 
Local Law No. 3-2003, Curfew, adopted April 7, 2003.

§ 1-10 Enactments saved from repeal; matters not affected.

The repeal of local laws and ordinances provided for in § 1-9 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 Collins 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 Collins 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 Collins.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Collins.
E. 
Any local law or ordinance of the Town of Collins 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 Collins or any portion thereof.
F. 
Any local law or ordinance of the Town of Collins 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 Collins 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 or ordinance adopted subsequent to May 20, 2013.

§ 1-11 Severability.

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.

§ 1-12 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 Collins 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 Collins by impressing thereon the Seal of the Town of Collins, 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.

§ 1-13 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 Collins" or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town 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.

§ 1-14 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 Collins 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 Town 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.

§ 1-15 Sale of Code book; supplementation.

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.

§ 1-16 Penalties for tampering with Code.

Any person who alters or tampers with the Code of the Town of Collins in any manner whatsoever which will cause the legislation of the Town of Collins 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.

§ 1-17 Changes in previously adopted legislation; new provisions.

A. 
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Collins, 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: In accordance with § 1-17B, the chapters, parts and sections that were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 1-5-2015 by L.L. No. 1-2015." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C. 
Nomenclature. The following terms are updated as indicated:
(1) 
Throughout the Code, "Board of Appeals" is changed to "Zoning Board of Appeals."
(2) 
Throughout the Code, "Building Inspector" is changed to "Code Enforcement Officer."
(3) 
In Chapter 296, Water, "Superintendent" is changed to "Senior Water Operator."

§ 1-18 Incorporation of provisions into Code.

The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the Town of Collins, such local law to be entitled "General Provisions, Article II, Adoption of Code," and the sections of this local law shall be numbered §§ 1-7 to 1-19, inclusive.

§ 1-19 When effective.

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