Town of Milo, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Milo as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-27-1997 by L.L. No. 2-1997]

§ 1-1 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 Milo, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 140, together with an Appendix, shall be known collectively as the "Code of the Town of Milo," 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 Milo" 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.

§ 1-2 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 Milo, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.

§ 1-3 Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Town of Milo 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.

§ 1-4 Enactments saved from repeal; matters not affected.

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 Milo 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 Milo 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 Milo.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Milo.
E. 
Any local law or ordinance of the Town of Milo 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 Milo or any portion thereof.
F. 
Any local law or ordinance of the Town of Milo 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 Milo 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 April 30, 1997.
M. 
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

§ 1-5 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.

§ 1-6 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 Milo 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 Milo 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.

§ 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 Milo" 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.

§ 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 Milo 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.

§ 1-9 Sale of Code book; supplementation.

Copies of the Code may be purchased from the Town Clerk of the Town of Milo 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.

§ 1-10 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 Milo or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Milo 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.

§ 1-11 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 Milo, 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 following amendments and/or additions are made herewith, to become effective upon the effective date of this local law as set forth in Schedule A attached hereto and made a part hereof (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 § 1-11B, the chapters, parts and sections which 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 I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 10-27-1997 by L.L. No. 2-1997." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C. 
Throughout the Code, the following nomenclature changes are made:
(1) 
"Zoning Officer" is hereby changed to "Code Enforcement Officer."
(2) 
"Master Plan" is hereby changed to "Comprehensive Plan."

§ 1-12 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 Milo, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.

§ 1-13 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
[Adopted 1-17-2017 by L.L. No. 1-2017]

§ 1-14 Legislative intent.

The local laws and legislation of a general and permanent nature of the Town of Milo, including the 1997 Code adopted by the Town Board of the Town of Milo, as revised, codified and consolidated into chapters, articles and sections by General Code, as set forth in the Derivation Table included at the end of the Code, and as renumbered to consist of Chapters 1 through 350, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of the Town of Milo,” hereafter known and referred to as “Code.”

§ 1-15 Nonsubstantive changes in previously adopted legislation.

In compiling and preparing the legislation and 1997 Code for publication as the 2017 Code of the Town of Milo, no changes in the meaning or intent of such legislation have been made. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. Chapters, articles and sections have been renumbered pursuant to the Derivation Table included at the end of the Code, including all internal references and cross-references. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the legislation had been previously formally amended to read as such.

§ 1-16 Continuation of provisions.

A. 
The provisions of the Code, insofar as they are substantively the same as those of legislation in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior law. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town of Milo, and it is the intention of the Town Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code.
B. 
For purposes of transition from the 1997 Code to this Code, any reference to a chapter or section number from the 1997 Code on or in any form, license, permit, ticket or other Town document shall be deemed to refer to the corresponding chapter or section in this Code until such form, license, permit, ticket or other Town document is revised or reprinted to refer to the numbering in this Code.

§ 1-17 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 Milo, such local law to be entitled “General Provisions, Article II, Adoption of Renumbered 2017 Code,” and the sections of this local law shall be numbered §§ 1-14 to 1-20, inclusive.

§ 1-18 Severability.

If any clause, sentence paragraph, section or part of this local law or the application thereof to any person, form or corporation, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this local law or in its application to the person, individual, firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.

§ 1-19 Interpretation.

This law shall be interpreted in such a way wherever possible so that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect. Whenever the requirements of this law are at variance with the requirements of other lawfully adopted rules, regulations or laws, the law with the most restrictive provisions or those imposing the higher standards shall govern.

§ 1-20 When effective.

This local law shall be operative immediately and effective upon being filed with the New York State Secretary of State pursuant to Section 27 of the Municipal Home Rule Law of the State of New York.