[HISTORY: Adopted by the Town Board of the Town of Schodack: Art
I, 10-12-1990 as L.L. No. 4-1990. Amendments
noted where applicable.]
[Adopted 10-12-1990 as L.L. No. 4-1990]
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Be it enacted by the Town Board of the Town of Schodack, County of Rensselaer,
New York, as follows:
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In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions of the Town
of Schodack shall be known collectively as the "Code of the Town of Schodack,"
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 Schodack"
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 Schodack, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Schodack 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therein are hereby repealed from and after the effective date of this local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 Schodack prior to the effective
date of this local law or any action or proceeding brought for the enforcement
of such right or liability.
B.
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 Schodack 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 Schodack.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Schodack.
E.
Any local law or ordinance of the Town of Schodack 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 Schodack or any portion thereof.
F.
Any local law or ordinance of the Town of Schodack 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 Schodack
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 dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
All legislation regulating traffic.
M.
Local Law No. 4-1984 adopted July 12, 1984, providing
for appearance tickets.
N.
A resolution adopted December 11, 1986, establishing
fees for certain planning and zoning applications.
O.
Local Law No. 4-1987 adopted December 10, 1987, regulating
noise in the Town.
P.
Section 2 of Local Law No. 3-1974, adopted January 7,
1974, establishing a table of street classifications.
Q.
Local Law No. 2-1970 adopted March 12, 1970, providing
for the removal of abandoned vehicles.
R.
Any legislation relating to public access to records.
S.
Any legislation adopted subsequent to August 24, 1989.
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 Schodack 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 to by the
Town Clerk of the Town of Schodack by impressing thereon the Seal of the Town
of Schodack, 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 Schodack" or any new local laws 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.
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 Schodack 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 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 or resolutions until such changes, local laws or resolutions are printed
as supplements to said Code book, at which time such supplements shall be
inserted therein.
Copies of the Code may be purchased from the Town Clerk of the Town
of Schodack 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.
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 Schodack or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the Town of Schodack 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.
Except where specifically provided elsewhere, any person who shall commit
an offense against any provision of the Code of the Town of Schodack shall,
upon conviction thereof, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding $250 or by imprisonment
not exceeding 15 days, or by both such fine and imprisonment.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Schodack, 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 changes, amendments or revisions
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: Pursuant to § 1-12B, the following sections, Articles or chapters have been added or amended: §§ 21-1, 61-3, Ch. 80, §§ 85-1, 85-2, 90-8A, 90-10E, 90-18, 109-5A, 109-9, 109-10C, Ch. 112, §§ 137-2, 137-7, 137-9, 137-13A, 137-15, 137-19, 137-20D, 147-5D(2), 147-13B(2), 147-18, 154-3, 154-4, 162-10, 162-17, 176-6D, 176-10, 176-11, 176-22, 184-10E(2), 188-11A, 188-19D, Ch. 192, §§ 197-1A, 197-2, Article IV of Ch. 197, Ch. 202, §§ 219-5, 219-24C, 219-29A(5), 219-37E, 219-45B(4), 219-59B(9)(c), 219-72, 219-73 and 219-107.
The following original sections have been deleted: the originally unnumbered concluding paragraph of the resolution which became Ch. 21, and Section 15, Review boards, of L.L. No. 1-1986, adopted 5-20-1986.
A complete description of each change may be found in L.L. No. 4-1990,
on file in the office of the Town Clerk.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
