[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)]
A.
ASSESSOR
ATTORNEY or TOWN ATTORNEY
BOARD or TOWN BOARD
CLERK or TOWN CLERK
CODE ENFORCEMENT OFFICER
COUNTY
COUNTY CLERK
DIRECTOR OF WEIGHTS AND MEASURES
ENFORCEMENT OFFICER
FIRE CHIEF
MUNICIPAL CODE
MUNICIPALITY
OWNER
PERSON
STATE
SUPERINTENDENT OF HIGHWAYS, HIGHWAY SUPERINTENDENT OR TOWN SUPERINTENDENT
SUPERVISOR or TOWN SUPERVISOR
TENANT
TOWN or TOWN OF COLLINS
TOWN BOARD or BOARD
TOWN CLERK or CLERK
TOWN COUNCILMAN
TOWN ENGINEER
ZONING BOARD OF APPEALS
Specific
terms. When used in this Code, unless otherwise expressly stated or
unless the context or subject matter otherwise requires:
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]
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.
The Town Board of the Town of Collins in the County of Erie
and State of New York.
The Town Clerk of the Town of Collins in the County of Erie
and State of New York.
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.
The County of Erie in the State of New York.
The County Clerk of the County of Erie in the State of New
York.
The Director of Weights and Measures of the County of Erie
in the State of New York.
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.
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]
The Town of Collins Municipal Code.
The Town of Collins in the County of Erie and State of New
York.
A person who has the legal title, alone or with others, or
exercises dominion or control over property, both real and personal.
One or more persons of either sex, natural person, corporations,
partnerships, associations, joint stock companies, societies and all
other entities capable of being sued.
The State of New York.
The Superintendent of Highways of the Town of Collins in
the County of Erie and State of New York.
The Supervisor of the Town of Collins in the County of Erie
and State of New York.
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.
The Town of Collins in the County of Erie and State of New
York.
The Town Board of the Town of Collins in the County of Erie
and State of New York.
The Town Clerk of the Town of Collins in the County of Erie
and State of New York.
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.
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.
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.
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.
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.
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 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]
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.
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.
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.
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.
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 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.
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.
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.
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
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.
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:
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
