[HISTORY: Adopted by the Town Board of the
Town of Shandaken: Art I, 4-12-89 as L.L. No. 1-1989. Amendments noted where applicable.]
[Adopted 4-12-89 as LL. No. 1-1989]
It is the intent of this local law to establish a codification of local laws, ordinances and certain resolutions of the Town of Shandaken for the purpose of increasing the effectiveness of town governmental administration, providing for greater public awareness of and access to town legislation and protecting the health, safety and welfare of town inhabitants. The local laws, ordinances and resolutions of the Town of Shandaken referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Shandaken," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
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Derivation Table
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(Section numbers with asterisks in the second column have not been repeated in the first column because they are section numbers which relate to titles, effective dates or severability clauses, which sections are not pertinent to the codification. For severability, refer to § 1-13 hereof.)
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New Number
(chapter, title, Article, section)
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Old Number
(source)
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Adoption or Amendment Date
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Chapter 4, Appearance Tickets
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L.L. No. 3-1978
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12-13-78
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§ 4-1
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Section 1
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§ 4-2
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Section 2
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Amended at time of adoption of Code
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§ 4-3
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Section 3
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Section 4
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Deleted at time of adoption of Code
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Chapter 7, Assessors
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L.L. No. 1-1971
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3-24-71
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§ 7-1
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Section 1
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§ 7-2
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Section 2
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§ 7-3
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Section 3
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Adopted at time of adoption of Code
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Chapter 16, Defense of Town Employees
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L.L. No. 1-1980
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7-9-80
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§ 16-1
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Section 1
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§ 16-2
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Section 2
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§ 16-3
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Section 3
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§ 16-4
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Section 4
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§ 16-5
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Section 5
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§ 16-6
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Section 6
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§ 16-7
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Section 7
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Section 8*
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Chapter 20, Ethics, Code of
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LL. No. 5-1970
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99-70
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Article I
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Article I
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§ 20-1
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Section 1
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§ 20-2
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Section 2
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Article II
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Article II
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§ 20-3
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Section 1
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§ 20-4
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Section 2
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§ 20-5
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Section 3
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§ 20-6
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Section 4
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Article III
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Article III
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§ 20-7
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Section 1
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§ 20-8
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Section 2
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§ 20-9
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Section 3
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Article IV
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Article IV
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§ 20-10
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Section 1
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§ 20-11
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Section 2
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§ 20-12
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Section 3
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Article V
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Section 1*
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Article VI
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Section 1*
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Chapter 29, Local Laws, Adoption of
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L.L. No. 1-1968
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6-27-68
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§ 29-1
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Section 1
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§ 29-2
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Section 2
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Amended at time of adoption of Code
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§ 29-3
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Section 3
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§ 29-4
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Section 4
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Section 5*
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Chapter 34, Notification of Defects
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L.L. No. 1-1983
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6-22-83
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§ 34-1
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Section 1
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Amended at time of adoption of Code
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§ 34-2
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Section 2
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§ 34-3
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Section 3
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Section 4*
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Chapter 38, Ordinances, Adoption of
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L.L. No. 1-1977
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6-1-77
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§ 38-1
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Section 1
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Amended at time of adoption of Code
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§ 38-2
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Section 2
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§ 38-3
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Section 3
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Section 4*
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Chapter 42, Public Access to Records
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Resolution
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3-8-78
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§ 42-1
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Unnumbered paragraph
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Amended at time of adoption of Code
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Chapter 50, Youth Commission
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Resolution
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12-13-78
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§ 50-1
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1
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§ 50-2
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2
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§ 50-3
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3
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§ 50-4
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4
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§ 50-5
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5
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§ 50-6
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6
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§ 50-7
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7
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§ 50-8
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8
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9*
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Chapter 56, Alcoholic Beverages
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L.L. No. 1-1970
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6-24-70
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§ 56-1
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Section 1
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Amended at time of adoption of Code
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§ 56-2
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Sections 2 and 4
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Amended at time of adoption of Code
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§ 56-3
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Section 3
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§ 56-4
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Section
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Amended at time of adoption of Code
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§ 56-5
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Section 6 Section 7*
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Amended at time of adoption of Code
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Chapter 59, Assemblies, Public
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L.L. No. 2-1970
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61(#70
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Article I
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Article 1
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§ 59-1
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Section 1
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Article II
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Article 2
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§ 59-2
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Section 2.1
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Article III
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Article 3
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§ 59-3
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Section 3.1
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§ 59A
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Section 3.2
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§ 59-5
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Section 3.3
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§ 59-6
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Section 3.4
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§ 59-7
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Section 3.5
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§ 59-8
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Section 3.6
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Article IV
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Article 4
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§ 59-9
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Section 4.1
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Article V
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Article 5
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§ 59-10
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Section 5.1
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§ 59-11
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Section 5.2
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§ 59-12
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Section 5.3
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§ 59-13
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Section 5.4
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Article 6
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Section 6.1*
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Article 7
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Section 7.1*
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Chapter 62, Bingo and Games of Chance
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Article I, Bingo
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5-6-58
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§ 62-1
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Unnumbered
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Article II, Games of Chance
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L.L. No. 2-1977
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6-1-77
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§ 62-2
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Section 1
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§ 62-3
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Section 2
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Amended 3-11-81 by resolution; at time of adoption
of Code
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§ 62-4
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Section 3
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§ 62-5
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Section 4
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Chapter 65, Buildings, Unsafe
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Adopted at time of adoption of Code
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Chapter 69, Dogs
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L.L. No. 2-1978
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8-9-78
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§ 69-1
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Purpose and intent
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§ 69-2
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Definitions
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§ 69-3
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Regulations and restrictions
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§ 69-4
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Warden
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Amended at time of adoption of Code
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§ 69-5
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Seizure of dogs
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Amended at time of adoption of Code
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§ 69-6
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Redemption of seized dogs
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Amended 7-8-87 by resolution; at time of adoption
of Code
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§ 69-7
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Town Justice to have jurisdiction
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§ 69-8
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Penalties Validity*
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Amended at time of adoption of Code
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Chapter 77, Flood Damage Prevention
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L.L. No. 1-1987
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9-9-87
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Article I
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Section 1.0
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§ 77-1
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1.1
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§ 77-2
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1.2
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§ 77-3
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1.3
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Article 11
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Section 2.0
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§ 77A
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Unnumbered section
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Article III
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Section 3.0
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§ 77-5
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3.1
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§ 77-6
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3.2
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Amended at time of adoption of Code
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§ 77-7
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3.3
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3.4*
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§ 77-8
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3.5
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§ 77-9
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3.6
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§ 77-10
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4.1
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§ 77-11
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4.2
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§ 77-12
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4.3
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Amended at time of adoption of Code
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Article V
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Section 5.0
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§ 77-13
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5.1
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§ 77-14
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5.2
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§ 77-15
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5.3
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Article VI
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Section 6.0
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§ 77-16
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6.1
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§ 77-17
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6.2
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Chapter 83, Junkyards and Dealers
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L.L. No. 1-1970
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8-13-70
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§ 83-1
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Section 1
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§ 83-2
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Section 2
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§ 83-3
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Section 2(a)
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Added 8-8-79 by L.L. No. 1-1979
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§ 83-4
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Section 3
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§ 83-5
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Section 4
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§ 83-6
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Section 5
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§ 83-7
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Section 6
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§ 83-8
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Section 7
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§ 83-9
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Section 8
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§ 83-10
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Section 9
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§ 83-11
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Section 10
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§ 83-12
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Section 11
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§ 83-13
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Section 12
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§ 83-14
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Section 13
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§ 83-15
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Section 14
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§ 83-16
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Section 15
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§ 83-17
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Section 16
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§ 83-18
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Section 17
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§ 83-19
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Section 18
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Amended at time of adoption of Code
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Section 19*
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Section 20*
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Chapter 88, Littering
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L.L. No. 2-1982
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12-8-82
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§ 88-1
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Section 1
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§ 88-2
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Section 2
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§ 88-3
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Section 3
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§ 88-4
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Section 4
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§ 88-5
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Section 5
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Amended at time of adoption of Code
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Section 6*
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Section 7*
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Chapter 100, Peddling and Soliciting
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L.L. No. 1-1981
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5-13-81
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§ 100-1
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Section 1
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§ 100-2
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Section 2
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§ 100-3
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Section 3
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§ 100-4
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Section 4
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§ 100-5
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Section 5
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§ 100-6
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Section 6
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§ 100-7
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Section 7
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§ 100-8
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Section 8
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§ 100-9
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Section 9
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Amended at time of adoption of Code
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§ 100-10
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Section 10
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§ 100-11
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Section 11
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Section 12*
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Chapter 105, Subdivision of Land
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12-11-71; readopted as revised at time of adoption
of Code
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Article I
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Article I
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§ 105-1
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Section 100
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§ 105-2
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Section 110
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§ 105-3
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Section 120
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Section 130*
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§ 105-4
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Section 140
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§ 105-5
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Section 150
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§ 105-6
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Section 160
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§ 105-7
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Section 170
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Article II
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Article II
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§ 105-8
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Section 200
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Article III
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Article III
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§ 105-9
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Section 300
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§ 105-10
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Section 310
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§ 105-11
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Section 320
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§ 105-12
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Section 330
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§ 105-13
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Section 340
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§ 105-14
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Section 350
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§ 105-15
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Section 360
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§ 105-16
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Section 370
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Article IV
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Article IV
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§ 105-17
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Section 400
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§ 105-18
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Section 420
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§ 105-19
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Section 430
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§ 105-20
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Section 440
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§ 105-21
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Section 450
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Article V
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Article V
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§ 105-22
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Section 500
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§ 10523
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Section 510
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§ 105-24
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Section 520
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Chapter 111, Vehicles and Traffic
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Article I, Snow Parking Regulations
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L.L. No. 3-1972
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11-9-72
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§ 111-1
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Section 1
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§ 111-2
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Section 2
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Amended at time of adoption of Code
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§ 111-3
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Section 3
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Amended at time of adoption of Code
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§ 111A
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Section 4
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§ 111-5
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Section 5
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Section 6*
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Chapter 116, Zoning
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L.L. No. 2-1987
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12-9-87
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Article I
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Section I
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§ 116-1
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A
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§ 116-2
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B
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§ 116-3
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C
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Article II
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Section XII
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§ 116A
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Definitions
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Article III
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Section II
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§ 116-5
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A
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§ 116-6
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B
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§ 116-7
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C
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§ 116-8
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D
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§ 116-9
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E
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Article IV
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Section III
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§ 116-10
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A
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Article V
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Section IV
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§ 116-11
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A
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§ 116-12
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B
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§ 116-13
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C
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§ 116-14
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D
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§ 116-15
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E
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§ 116-16
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F
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§ 116-17
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G
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§ 116-18
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H
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§ 116-19
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I
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§ 116-20
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J
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§ 116-21
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K
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Article VI
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Section V
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§ 116-22
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Unnumbered section
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§ 116-23
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A
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§ 116-24
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B
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§ 116-25
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C
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§ 116-26
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D
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§ 116-27
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E
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§ 116-28
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F
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§ 116-29
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G
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§ 116-30
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H
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§ 116-31
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I
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§ 116-32
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J
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§ 116-33
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K
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§ 116-34
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L
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§ 116-35
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M
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§ 116-36
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N
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§ 116-37
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O
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Article VII
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Section VI
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§ 116-38
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Unnumbered section
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§ 116-39
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A
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§ 116A0
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B
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§ 116A1
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C
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§ 116A2
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D
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§ 116-43
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E
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§ 116A4
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F
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§ 116-45
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G
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§ 116A6
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H
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Article VIII
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Section VII
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§ 116-47
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Unnumbered section
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§ 116-48
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A
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§ 116A9
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B
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§ 116-50
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C
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§ 116-51
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D
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§ 116-52
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E
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§ 116-53
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F
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§ 116-M
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G
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§ 116-55
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H
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§ 116-56
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I
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Article IX
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Section VIII
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§ 116-57
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Unnumbered section
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§ 116-58
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A
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§ 116-59
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B
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§ 116-60
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C
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§ 116A31
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D
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§ 116-62
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E
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Article X
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Section IX
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§ 116-63
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A
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§ 116-64
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B
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§ 116-65
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C
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§ 11666
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D
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Article XI
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Section X
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§ 116-67
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A
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§ 116-68
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B
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§ 116-69
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C
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§ 116-70
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D
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§ 116-71
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E
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Article XII
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Section XI
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§ 116-72
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Unnumbered
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§ 116-73
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A
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§ 116-74
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B
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§ 116-75
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C
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Article XIII
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Section XIII
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§ 116-76
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A
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§ 116-77
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B
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C*
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§ 116-78
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D
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§ 116-79
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E
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F*
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The local laws and ordinances of a general and
permanent nature enacted or adopted by the Town Board of the Town
of Shandaken and not included in the Code of the Town of Shandaken
and in force on the date of the adoption of this local law are hereby
repealed as of the effective date of this local law, except as hereinafter
provided.
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, resolutions, 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 Shandaken 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 Shandaken, 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 and brought pursuant to any legislative provision
of the Town of Shandaken.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Shandaken.
E.
Any local law, ordinance or resolution of the Town
of Shandaken providing for the laying out, opening, altering, widening,
relocating, straightening, establishing of grade, changing of name,
improvement, acceptance or vacation of any right#of#way, easement,
street, road, highway, park or other public place within the Town
of Shandaken or any portion thereof.
F.
Any ordinance or resolution of the Town of Shandaken
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 Shandaken or other instruments or evidence of
the town's indebtedness.
G.
Local laws, ordinances or resolutions 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 local laws, ordinances or resolutions relating
to salaries.
K.
Any local laws or ordinances adopted subsequent to
December 9, 1987.
L.
Any application which was made pursuant to Town of Shandaken L.L. Nos. 1-1972 and 2-1972 and L.L. No. 1-1978, and which was pending at the time of the adoption of Ch. 116, Zoning, of the Town of Shandaken, Ulster County, New York, in December of 1987 and at the time of the adoption of this Code pursuant to L.L. No. 1-1989, shall be reviewed and acted upon pursuant to the provisions of L.L. Nos. 1-1972 and 2-1972 and L.L. No. 1-1978.
[Added 10-14-1992 by L.L. No. 1-1992]
In compiling and preparing the local laws, ordinances and resolutions of the town for publication as the Code of the Town of Shandaken, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.
A copy of the Code of the Town of Shandaken,
in loose-leaf form, has been filed in the office of the Town Clerk
of the Town of Shandaken 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 by impressing thereon the Seal of the Town of Shandaken,
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.
A.
In compiling and preparing the local laws, ordinances
and resolutions for adoption and revision as part of the Code pursuant
to the Municipal Home Rule Law § 20, Subdivision 3, certain
grammatical changes and other minor changes were made in one or more
of the local laws, ordinances or resolutions. It is the intention
of the Town Board that all such changes be adopted as part of the
Code as if the provisions so changed had been previously formally
amended to read as such.
B.
In addition, certain changes, amendments and additions
are enacted herewith, to become effective upon the effective date
of this local law (chapter and section number references are to these
materials as they are numbered and appear in the Code).[1]
[1]
Editor's Note: The following sections and chapters were added or amended: §§ 4-2A, 29-2, 34-1, 38-1, 42-1A and D, 56-1, 56-2, 56-4, 56-5, 62-3, 69-4, 69-5, 69-6A, B, D and E, 69-8, 77-6, 77-12A(4), 83-19A, 88-5, 100-9, 111-2 and 111-3 and Chs. 12, 65 and 105. In addition, original Section 4 of L.L. No. 3-1978 was deleted.
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 Shandaken," 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 of the Town of Shandaken shall be understood
and intended to include such additions, deletions, amendments or supplements.
Whenever such additions, deletions, amendments or supplements to the
Code of the Town of Shandaken 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.
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 Shandaken 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 or local laws, ordinances or resolutions until such
changes or 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 book containing the Code
of the Town of Shandaken may be purchased from the Town Clerk upon
the payment of a fee to be set by resolution of the Town Board, which
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 Shandaken, or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the Town of Shandaken 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.
Any person committing an offense against any
chapter or Article of this Code for which a different penalty is not
specifically provided shall be guilty of a violation under the Penal
Law and, upon conviction thereof, shall be punishable for each offense
by a fine of not more than $250 or by imprisonment for not more than
15 days, or by both such fine and imprisonment. Each day that an offense
continues shall constitute a separate violation.
If any clause, sentence, paragraph, section, Article or part of this local law or of any local law or ordinance cited in the table in § 1-2 hereof, 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 or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This local law and the Code of the Town of Shandaken
adopted hereby shall take effect immediately upon the filing with
the Secretary of State of the State of New York of a copy of this
local law.
