Town of Greece, NY General Provisions

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Greece , as codified by General Code, LLC, and consisting of Chapters 1 through 211, together with an Appendix, shall be known collectively as the “Code of the Town of Greece,” 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 Greece” 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 Greece, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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.

Except as provided in § 1-4 below, all local laws and ordinances of a general and permanent nature of the Town of Greece 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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:

Any right or liability established, accrued or incurred under any legislative provision of the Town of Greece prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.

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 Greece or any penalty, punishment or forfeiture which may result therefrom.

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 Greece.

Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Greece.

Any local law or ordinance of the Town of Greece 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 Greece or any portion thereof.

Any local law or ordinance of the Town of Greece 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 Greece or other instruments or evidence of the Town's indebtedness.

Local laws or ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any local law or ordinance relating to salaries and compensation.

Any local law or ordinance amending the Zoning Map.

Any local law or ordinance relating to or establishing a pension plan or pension fund for Town employees.

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.

Any legislation dealing with taxation and tax exemptions.

Any legislation dealing with streets and sidewalks.

Any legislation dealing with subdivision of land.

The Water Ordinance adopted June 19, 1984, and any amendments thereto.

Any local law adopted subsequent to May 31, 2007.

§ 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 Greece 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 Greece 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 filing of this local law with the Secretary of State 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 Greece” 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 published 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. Unless specifically stated in the amendment to this Code, no Town Board action, local law, ordinance or resolution shall be deemed to amend this Code.

§ 1-8 Code to be kept up-to-date.

It shall be the duty of the Town Clerk to keep up-to-date the Code of the Town of Greece. 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 published as supplements to said Code, at which time such supplements shall be included therein.

§ 1-9 Sale of Code; supplementation.

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.

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in local laws included in the supplement, insofar as it is necessary to do so to embody them into the unified Code.

(1)

For example, the codifier may:

(a)

Organize the material into appropriate subsections;

(b)

Provide appropriate headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such headings and titles;

(c)

Assign appropriate numbers to chapters and sections to be inserted in the Code and, where necessary to accommodate new material, change existing or other section numbers;

(d)

Change the words "this local law" or words of the same meaning to "this chapter," "this article," "this section," etc., as the case may be, or to "§§ _______ to ________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the local law incorporated into the Code); and

(e)

Make other nonsubstantive changes necessary to preserve the original meaning of local law sections inserted into the Code.

(2)

In no case shall the codifier make any change in the meaning or effect of local law material included in the supplement or already in the Code.

§ 1-10 Penalties for tampering with Code.

Any person who alters or tampers with the Code of the Town of Greece in any manner whatsoever which will cause the legislation of the Town of Greece 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.

In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Greece, 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.

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.)

§ 1-12 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 Greece, 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.

Article II Code Abbreviations

For ease of reference, chapters throughout the Code may be referenced using the following abbreviations:

Chapter Number	Subject	Abbreviation
Part I, Administrative Legislation
12	Ethics	ETHICS
24	Officers and Employees	O&E
33	Police Department	PD
45	Town Board	TB
48	Town Justices	TJ
51	Traffic Violations Bureau	TVB
55	Board of Zoning Appeals	BZA
Part II, General Legislation
62	Bingo	BINGO
65	Boating	BOATS
68	Brush, Grass and Weeds	WEEDS
72	Buildings, Moving of	BMOV
73	Buildings, Numbering of	BNUM
75	Buildings, Unsafe	BSAFE
83	Coastal Erosion Hazard Area	CEHA
89	Dogs	DOGS
94	Drugs and Drug Paraphernalia	DRUGS
97	Electrical Standards	ELECTRICAL
98	Elevators, Escalators and Other Conveyances	ELEVATORS
100	Environmental Impact Statement Review	EISR
103	Excavations	EXCAVATE
108	Firearms and Fireworks	FIREARMS
114	Fire Prevention and Building Construction	BUILDING CODE
115	Fire Sprinkler Systems	SPRINKLER
117	Flood Damage Prevention	FLOOD
123	Games of Chance	CHANCE
128	Historic Preservation	HISTORIC
139	Noise	NOISE
142	Notification of Defects	DEFECTS
146	Parking	PARKING
150	Peddling and Soliciting	P&S
154	Plumbing	PLUMBING
157	Property Maintenance	PM
160	Public Access to Records	RECORDS
162	Recreational Areas	REC
163	Rights-of-Way	ROW
163A	Secondhand Dealers	DEALERS
164	Sewers and Sewage Disposal	SEWERS
165	Sanitary Sewer Rents	SEWER RENTS
168	Skateboards	SKATEBOARDS
174	Solid Waste Management	SWM
184	Swimming Pools	POOLS
188	Taxation	TAX
192	Trailers	TRAILERS
193	Trees	TREES
195	Vehicles and Traffic	V&T
198	Vehicles, Junked	VEHJ
203	Vehicles, Motor-Driven	VEHM
208	Waterfront Consistency Review	WCR
211	Zoning	ZONING