[HISTORY: Adopted by the Town Board of the
Town of North Greenbush as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-14-1991 by L.L. No. 9-1991]
In accordance with Subdivision 3 of § 20
of the Municipal Home Rule Law, the local laws, ordinances and certain
chapters of the 1981 Code of the Town of North Greenbush, shall be
known collectively as the "Code of the Town of North Greenbush," hereafter
termed the "Code." Wherever reference is made in any of the local
laws, ordinances and chapters contained in the "Code of the Town of
North Greenbush" to any other local law, ordinance or chapter 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 chapter 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 chapters 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 chapters 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 chapter. 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 North Greenbush, 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 Only such provisions of former local laws, ordinances and chapters as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 North Greenbush 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repealed from and after the effective date of this local law.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 North Greenbush 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 North Greenbush 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 North Greenbush.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Town of North Greenbush.
E.
Any local law or ordinance of the Town of North Greenbush
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 North Greenbush or any
portion thereof.
F.
Any local law or ordinance of the Town of North Greenbush
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 North Greenbush 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 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.
All legislation pertaining to Sewer Districts, including
L.L. No. 9-1980 (adopted 10-9-1980), L.L. No. 11-1980 (adopted 10-28-1980)
and L.L. No. 2-1985 (adopted 3-14-1985), and any and all amendments
thereto.
N.
All legislation pertaining to sewers and sewage disposal,
including L.L. No. 2-1979 (adopted 11-8-1979), and any and all amendments
thereto.
O.
All legislation pertaining to water regulations, including Ch. 113 of the 1981 Code of the Town of North Greenbush as revised 2-23-1971, and any and all amendments thereto.
P.
All legislation pertaining to junkyards.
Q.
Local Law No. 14-1990, a zoning amendment.
R.
Any legislation adopted subsequent to April 11, 1991.
If any clause, sentence, paragraph, section,
article, chapter or part of this local law or of any local law, ordinance
or chapter of the 1981 Code 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 North Greenbush
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 North Greenbush by impressing thereon the Seal of the Town
of North Greenbush, 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 chapters of
the 1981 Code known collectively as the "Code of the Town of North
Greenbush" 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 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 North Greenbush 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.
Copies of the Code may be purchased from the
Town Clerk of the Town of North Greenbush 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 North Greenbush or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Town of North Greenbush 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 North Greenbush, 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)
The following changes shall be made throughout the
Code:
(a)
"Dog Control Officer" and "Dog Warden" shall
be changed to "Animal Control Officer."
(b)
"Building Official," "Building Inspector" and
"Code Enforcement Officer" shall be changed to "Building Department
Coordinator or his designee."
(c)
"New York State Building Code" will be changed
to "New York State Uniform Fire Prevention and Building Code."
(2)
Chapter 63, Amusement Devices (adopted 2-10-1983 as
L.L. No. 2-1983), "Town Fire Inspector" will be changed throughout
to refer to "building Department Coordinator or his designee."
[1]
Editor's Note: Pursuant to § 1-11B, in addition to the changes in § 1-11B(1) through (5), the following sections or chapters were added or amended: §§ 13-11, 23-1A, 23-2, 23-5B(2), 27-8, 63-9A, 73-4, 73-7I, 73-9E(3), 73-13, 73-14B, 89-2, 89-3B and 89-6,
Chs. 95 and 103, §§ 113-5, 113-12A, 113-24A(1), 113-26, 125-5B, 125-7A, 125-16A(3), 125-19B and 125-21, Ch. 131, §§ 137-6, 137-11, 141-2A(9), (10), (12) and (13), 141-3B, 141-5 and 141-8B, Ch. 151, §§ 155-1, 159-4, 159-22B, 159-33, 163-35B and F, 169-4A, 197-4, 197-12 and 197-54.
The following original sections were deleted:
§ 46-14 of L.L. No. 2-1983, § 48-9 of Ch. 48 of
the 1981 Code, § 97A-2 of L.L. No. 3-1981 and § 116-9
of Ch. 116 of the 1981 Code.
A complete description of each change may
be found in L.L. No. 9-1991, 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.
[Adopted 1-27-1981 by L.L. No. 2-1981
as Ch. 1, Art. II, of the 1981 Code]
A.
Penalties for offenses generally. Except where specific
maximum penalties are provided elsewhere in the Code of the Town of
North Greenbush, in a state law or in another ordinance or local law
of the Town for a particular offense, unlawful act or prohibited act,
any person who shall commit an offense against any provision of the
Code of the Town of North Greenbush or any provision of any other
Town ordinance or local law referring to these general penalty provisions
or against any regulation duly authorized and adopted pursuant to
an ordinance or local law of the Town of North Greenbush, by doing
any act prohibited or declared to be an offense, unlawful act or prohibited
act thereby, or who shall engage in or exercise any business or occupation
or do anything for which a license or permit is required thereby without
having a valid license or permit therefor as required, or who shall
fail to do any act when such provision declares such failure to be
an offense, unlawful act or prohibited act, shall, upon conviction
thereof, be deemed guilty of a violation as defined by the Penal Law
of the State of New York, punishable by a fine not exceeding $250
or by imprisonment for not more than 15 days, or by both such fine
and imprisonment.
B.
Continuing offenses. The continuation of an offense
for each successive day shall constitute a separate violation, and
the person or persons allowing or permitting the continuation of the
offense may be punished as provided above for each such separate violation.
C.
Additional remedies. The imposition of a penalty as
provided above or as specifically provided in any chapter of the Code
of the Town of North Greenbush or other ordinance or local law of
the Town shall be in addition to any injunctive or remedial relief
or any civil penalty which is authorized under the laws of the State
of New York or the ordinances and local laws of the Town of North
Greenbush, with the same force and effect as though provided for herein.
Any penalty or relief shall not be deemed to be in lieu of any provision
for revocation or suspension of any license or permit.
