[HISTORY: Adopted by the Town Board of the Town of Bath:
Art. I, 12-8-1986 by L.L. No. 2-1987. Amendments noted where applicable.]
[Adopted 12-8-1986 by L.L. No. 2-1987]
A.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Bath referred to in Subsection B of this section shall be known collectively as the "Code of the Town of Bath," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in Subsection B of this section. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Town of Bath" 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 below, as if such local law, ordinance or resolution had been formally amended to so read.
B.
Distribution
of local laws, ordinances and resolutions. (Sections providing for
severability of provisions, repeal of conflicting legislation and
effective dates which are covered by provisions of this local law
have been omitted from the Code, and such sections are indicated as
"Omitted" in the table which follows.)
|
Derivation Table
| ||
|---|---|---|
|
New Number
(chapter, title,
Article, section)
|
Old Number
(source)
|
Adoption or
Amendment Date
|
|
Ch. 8, Defense and Indemnification
|
Resolution
|
6-28-1982
|
|
§ 8-1
|
First paragraph
| |
|
§ 8-2
|
Second paragraph
| |
|
§ 8-3
|
Third paragraph
| |
|
§ 8-4
|
Fourth paragraph
| |
|
§ 8-5
|
Fifth paragraph
| |
|
Ch. 12, Ethics, Code of
|
L.L. No. 1-1970
|
6-15-1970
|
|
Article I
| ||
|
§ 12-1
|
Section 1
| |
|
§ 12-2
|
Section 2
| |
|
Article II
| ||
|
§ 12-3
|
Section 1
| |
|
§ 12-4
|
Section 2
| |
|
§ 12-5
|
Section 3
| |
|
§ 12-6
|
Section 4
| |
|
Article III
| ||
|
§ 12-7
|
Section 1
| |
|
§ 12-8
|
Section 2
| |
|
§ 12-9
|
Section 3
| |
|
Article IV
| ||
|
§ 12-10
|
Section 1
| |
|
§ 12-11
|
Section 2
| |
|
§ 12-12
|
Section 3
| |
|
Omitted
|
Articles V and VI
| |
|
Ch. 16, Grievance Procedure
|
Resolution
|
10-17-1984
|
|
§ 16-1
|
First paragraph
| |
|
§ 16-2
|
1
| |
|
§ 16-3
|
2
| |
|
§ 16-4
|
3
| |
|
§ 16-5
|
4
| |
|
§ 16-6
|
5
| |
|
§ 16-7
|
6
| |
|
§ 16-8
|
7
| |
|
§ 16-9
|
8
| |
|
§ 16-10
|
9
| |
|
Ch. 20, Personnel Policies
|
Resolution
|
3-9-1981
|
|
§ 20-1
|
I
|
Amended at time of adoption of Code
|
|
§ 20-2
|
II
| |
|
§ 20-3
|
III
|
Amended at time of adoption of Code
|
|
§ 20-4
|
IV
| |
|
§ 20-5
|
V
|
Amended at time of adoption of Code
|
|
§ 20-6
|
VI
|
Amended at time of adoption of Code
|
|
§ 20-7
|
VII
| |
|
§ 20-8
|
VIII
| |
|
§ 20-9
|
IX
| |
|
§ 20-10
|
X
| |
|
Ch. 24. Planning Board
| ||
|
Art. I, Creation
|
Resolution
|
1-14-1963; amended at time of adoption of Code
|
|
§ 24-1
|
First paragraph
| |
|
Art. II, Powers and Duties
|
Resolution
|
2-11-1963; amended 7-10-1967
|
|
§ 24-2
|
First paragraph
| |
|
Omitted
|
Second paragraph
| |
|
Ch. 36, Bingo
|
Ordinance
|
8-13-1973
|
|
§ 36-1
|
Section 1
| |
|
§ 36-2
|
Section 2
|
Amended at time of adoption of Code
|
|
§ 36-3
|
Section 3
| |
|
Omitted
|
Section 4
| |
|
Ch. 40, Building Construction
| ||
|
Art. I, Administration and Enforcement of Uniform Fire Prevention and Building Code
|
L.L. No. 3-1984
|
7-23-1984
|
|
§ 40-1
|
Section 1
| |
|
§ 40-2
|
Section 2
| |
|
Omitted
|
Sections 3 and 4
| |
|
Art. II, Code Officer; Building Permits
|
L.L. No. 4-1984
|
7-23-1984
|
|
§ 40-3
|
Section 1
|
Amended at time of adoption of Code
|
|
§ 40-4
|
Section 2
| |
|
§ 40-5
|
Section 3
| |
|
§ 40-6
|
Section 4
| |
|
§ 40-7
|
Section 5
| |
|
§ 40-8
|
Section 6
| |
|
§ 40-9
|
Section 7
|
Amended at time of adoption of Code
|
|
§ 40-10
|
Section 8
| |
|
§ 40-11
|
Section 9
|
Amended at time of adoption of Code
|
|
§ 40-12
|
Section 10
|
Amended at time of adoption of Code
|
|
§ 40-13
|
Section 11
| |
|
§ 40-14
|
Section 12
| |
|
§ 40-15
|
Section 13
| |
|
Omitted
|
Sections 14 and 15
| |
|
§ 40-16
|
Added at time of adoption of Code
| |
|
Ch. 54. Dogs
| ||
|
Art. I, Control and Regulation
|
L.L. No. 1-1980
|
1-14-1980
|
|
§ 54-1
|
Section 1
| |
|
§ 54-2
|
Section 2
| |
|
§ 54-3
|
Section 3
| |
|
§ 54-4
|
Section 4
| |
|
§ 54-5
|
Section 5
| |
|
§ 54-6
|
Section 6
| |
|
§ 54-7
|
Section 7
| |
|
Omitted
|
Sections 8 and 9
| |
|
Art. II, License Fees
|
L.L. No. 1-1981
|
11-9-1981
|
|
§ 54-8
|
Section 1
| |
|
Omitted
|
Section 2
| |
|
Ch. 59, Environmental Quality Review
|
L.L. No. 1-1977
|
5-23-1977
|
|
§ 59-1
|
Section 1
| |
|
§ 59-2
|
Section 2
| |
|
§ 59-3
|
Section 3
| |
|
§ 59-4
|
Section 4
| |
|
§ 59-5
|
Section 5
| |
|
§ 59-6
|
Section 6
| |
|
§ 59-7
|
Section 7
| |
|
§ 59-8
|
Section 8
| |
|
§ 59-9
|
Section 9
| |
|
§ 59-10
|
Section 10
| |
|
§ 59-11
|
Section 11
| |
|
§ 59-12
|
Section 12
| |
|
§ 59-13
|
Section 13
| |
|
§ 59-14
|
Section 14
| |
|
§ 59-15
|
Section 15
| |
|
§ 59-16
|
Section 16
| |
|
§ 59-17
|
Section 17
| |
|
Omitted
|
Section 18
| |
|
Ch. 65, Flood Damage Prevention
|
L.L. No. 1-1983
|
3-14-1983
|
|
§ 65-1
|
Article 1
| |
|
Article 2
| ||
|
§ 65-2
|
Section 2.1
| |
|
§ 65-3
|
Section 2.2
| |
|
§ 65-4
|
Section 2.3
| |
|
§ 65-5
|
Section 2.4
| |
|
§ 65-6
|
Article 3
| |
|
Article 4
| ||
|
§ 65-7
|
Section 4.1
| |
|
§ 65-8
|
Section 4.2
| |
|
§ 65-9
|
Section 4.3
|
Amended at time of adoption of Code
|
|
§ 65-10
|
Section 4.4
| |
|
§ 65-11
|
Section 4.5
| |
|
§ 65-12
|
Section 4.6
| |
|
Article 5
| ||
|
§ 65-13
|
Section 5.1
|
Amended 4-14-1986 by L.L. No. 1-1986
|
|
§ 65-14
|
Section 5.2
|
Amended 4-14-1986 by L.L. No. 1-1986
|
|
§ 65-15
|
Section 5.3
|
Amended 4-14-1986 by L.L. No. 1-1986
|
|
§ 65-16
|
Section 5.4
|
Amended 4-14-1986 by L.L. No. 1-1986
|
|
Article 6
| ||
|
§ 65-17
|
Sections 6.1, 6.2 and 6.3
| |
|
Article 7
| ||
|
§ 65-18
|
Section 7.1
|
Amended 4-14-1986 by L.L. No. 1-1986; at time of adoption of
Code
|
|
§ 65-19
|
Section 7.2
|
Amended 4-14-1986 by L.L. No. 1-1986
|
|
§ 65-20
|
Section 7.3
| |
|
Omitted
|
Section 7.4
| |
|
Omitted
|
Articles 8 and 9
| |
|
Ch. 70, Garbage, Rubbish and Refuse
|
Ordinance
|
2-13-1961
|
|
§ 70-1
|
Article I
| |
|
§ 70-2
|
Article II
| |
|
§ 70-3
|
Articles III and IV
| |
|
§ 70-4
|
Article V
| |
|
§ 70-5
|
Article VI
| |
|
§ 70-6
|
Article VII
|
Amended at time of adoption of Code
|
|
§ 70-7
|
Article VIII
| |
|
§ 70-8
|
Article IX
| |
|
Omitted
|
Article X
| |
|
Ch. 82, Mobile Homes
|
Ordinance
|
8-23-1971
|
|
§ 82-1
|
Section 1
| |
|
§ 82-2
|
Section 2
| |
|
§ 82-3
|
Section 3
| |
|
§ 82-4
|
Section 4
| |
|
§ 82-5
|
Section 5
|
Amended at time of adoption of Code
|
|
§ 82-6
|
Section 6
|
Amended at time of adoption of Code
|
|
§ 82-7
|
Section 7
| |
|
§ 82-8
|
Section 8
| |
|
§ 82-9
|
Section 9
| |
|
§ 82-10
|
Section 10
| |
|
§ 82-11
|
Section 11
| |
|
§ 82-12
|
Section 12
| |
|
§ 82-13
|
Section 13
| |
|
§ 82-14
|
Section 14
| |
|
§ 82-15
|
Section 15
| |
|
§ 82-16
|
Section 16
| |
|
Omitted
|
Section 17
| |
|
§ 82-17
|
Section 18
|
Amended at time of adoption of Code
|
|
Omitted
|
Section 19
| |
|
Ch. 93, Records, Public Access to
|
Resolution
|
12-16-1974
|
|
§ 93-1
|
Section 1
| |
|
§ 93-2
|
Section 2
| |
|
§ 93-3
|
Section 3
| |
|
§ 93-4
|
Section 4
| |
|
§ 93-5
|
Section 5
| |
|
§ 93-6
|
Section 6
|
Amended at time of adoption of Code
|
|
Ch. 99, Snowmobiles
|
Ordinance
|
12-11-1972
|
|
§ 99-1
|
Section 1
|
Amended at time of adoption of Code
|
|
§ 99-2
|
Section 2
| |
|
§ 99-3
|
Section 3
| |
|
§ 99-4
|
Section 4
|
Amended at time of adoption of Code
|
|
§ 99-5
|
Section 5
| |
|
Ch. 103, Streets and Sidewalks
| ||
|
Art. I, Highway Construction and Dedication
|
Resolution
|
5-14-1962
|
|
§ 103-1
|
Section 1
| |
|
§ 103-2
|
Section 2(a), (b), (c)
| |
|
§ 103-3
|
Section 2(d), (e), (f)
| |
|
§ 103-4
|
Section 3
| |
|
§ 103-5
|
Section 4
| |
|
§ 103-6
|
Section 5
| |
|
§ 103-7
|
Section 6
| |
|
§ 103-8
|
Section 7
| |
|
§ 103-9
|
Section 8
| |
|
§ 103-10
|
Section 9
| |
|
§ 103-11
|
Section 10
| |
|
§ 103-12
|
Section 11
| |
|
§ 103-13
|
Section 12
| |
|
§ 103-14
|
Section 13
| |
|
§ 103-15
|
Section 14
| |
|
§ 103-16
|
Section 15
| |
|
§ 103-17
|
Section 16
| |
|
Omitted
|
Section 17
| |
|
Art. II, Street Names and Numbers
|
Resolution
|
9-9-1963
|
|
§ 103-18
|
Unnumbered paragraph
| |
|
Art. III, Prior Notice of Defects
|
L.L. No. 1-1975
|
3-31-1975
|
|
§ 103-19
|
Section 1
| |
|
§ 103-20
|
Section 2
| |
|
§ 103-21
|
Section 3
|
Amended at time of adoption of Code
|
|
§ 103-22
|
Section 4
| |
|
§ 103-23
|
Section 5
| |
|
Omitted
|
Section 6
| |
|
Ch. 107, Subdivision of Land
|
Resolution
|
8-14-1967
|
|
Art. I
|
Article I
| |
|
§ 107-1
|
Section 10
| |
|
§ 107-2
|
Section 11
| |
|
§ 107-3
|
Section 12
| |
|
§ 107-4
|
Section 13
| |
|
Omitted
|
Section 14
| |
|
§ 107-5
|
Section 15
| |
|
Art. II
|
Article II
| |
|
§ 107-6
|
Unnumbered paragraph
| |
|
§ 107-7
|
Section 20
|
Amended at time of adoption of Code
|
|
§ 107-8
|
Section 21
|
Amended at time of adoption of Code
|
|
§ 107-9
|
Section 22
|
Amended at time of adoption of Code
|
|
Art. III
|
Article III
| |
|
§ 107-10
|
Unnumbered paragraph
| |
|
§ 107-11
|
Section 30
| |
|
§ 107-12
|
Section 31
| |
|
§ 107-13
|
Section 32
| |
|
§ 107-14
|
Section 33
| |
|
Art. IV
|
Article IV
| |
|
§ 107-15
|
Unnumbered paragraph
| |
|
§ 107-16
|
Section 40
| |
|
§ 107-17
|
Section 41
| |
|
§ 107-18
|
Section 42
| |
|
§ 107-19
|
Section 43
| |
|
Art. V
|
Article V
| |
|
§ 107-20
|
Unnumbered paragraph
| |
|
§ 107-21
|
Section 50
| |
|
§ 107-22
|
Section 51
| |
|
Art. VI
|
Article VI
| |
|
§ 107-23
|
Section 60
| |
|
§ 107-24
|
Section 61
| |
|
Ch. 111, Taxation
| ||
|
Art. I, Senior Citizens Tax Exemption
|
L.L. No. 1-1966
|
10-25-1986
|
|
§ 111-1
|
Section 1
| |
|
§ 111-2
|
Section 2
|
Amended 4-22-1985 by L.L. No. 3-1985; at time of adoption of
Code
|
|
§ 111-3
|
Added 4-22-1985 by L.L. No. 3-1985
| |
|
Omitted
|
Section 3
| |
|
Art. II, Exemption for the Physically Disabled
|
L.L. No. 1-1984
|
4-26-1984
|
|
§ 111-4
|
Section 1
| |
|
§ 111-5
|
Section 2
| |
|
§ 111-6
|
Section 3
| |
|
§ 111-7
|
Section 4
| |
|
Omitted
|
Section 5
| |
|
Art. III, Alternative Veterans Exemption
|
L.L. No. 2-1986
|
7-14-1986
|
|
§ 111-8
|
Section 1
| |
|
§ 111-9
|
Section 2
| |
|
Omitted
|
Sections 3 and 4
| |
C.
Wherever the terms "local law," "ordinance" or "resolution" are used in any of the local laws, ordinances or resolutions renumbered by Subsection B above, such terms shall be changed to "chapter," "Article" or "section," as appropriate, as if such local laws, ordinances or resolutions had been formally amended to 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, as distributed and renumbered in § 1-1 above, 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 Bath, 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 of Bath 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 Bath 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
Bath, 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
Bath.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Bath.
E.
Any
local law or ordinance of the Town of Bath 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 Bath or any portion thereof.
F.
Any
local law or ordinance of the Town of Bath 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
Bath 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.
All
legislation adopted subsequent to July 14, 1986.
If any clause, sentence, paragraph, section, Article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-2 hereof, or any legislation included in this Code 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 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 Bath 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 Bath by impressing
thereon the Seal of the Town of Bath, 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 the
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 Bath," 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 Bath
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 Bath 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 Bath, or who alters or tampers with such Code in any
manner whatsoever which will cause the legislation of the Town of
Bath 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 Bath, as distributed and designated in the table in § 1-1 hereof, 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: In accordance with § 1-11B, the following sections were added or amended: §§ 20-1B, 20-3B, 20-5B, 20-6, 36-2, 40-3, 40-9C, 40-11A, 40-12D, 40-16, 65-9, 65-18, 70-6, 82-5A, 82-6E, 82-17, 93-6, 99-1, 99-4, 103-21, 107-7C(1), 107-8A(6), 107-9G and 111-2A and C. The following chapters or Articles were amended: Art. I of Ch. 24. A complete description of each change is on file in the Town Clerk's office.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
