[HISTORY: Adopted by the County Legislature of the County
of Ulster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-17-2010 by L.L. No. 3-2010]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws of the County of Ulster, as codified by General Code, and consisting of the Charter, Administrative Code and Chapters 1 through 325, together with an Appendix, shall be known collectively as the "Code of the County of Ulster," hereafter termed the "Code." Wherever reference is made in any of the local laws contained in the "Code of the County of Ulster" to any other local law appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such local law had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the County Legislature of the County of Ulster, and it is the intention of said Legislature that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws of a general and permanent nature of the County
of Ulster 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reference therein are hereby repealed from and after the effective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 provided for in § 1-3 of this local law shall not affect the following classes of local laws, 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 County of Ulster 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 County
of Ulster 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 County of
Ulster.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the County of Ulster.
E.
Any
local law of the County of Ulster 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 County of Ulster or any portion thereof.
F.
Any
local law of the County of Ulster appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the County of Ulster or other
instruments or evidence of the County's indebtedness.
G.
Local
laws 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
annexation or dedication of property.
J.
Any
local law relating to salaries and compensation.
K.
Any
local law amending a Zoning Map.
L.
Any
local law relating to or establishing a pension plan or pension fund
for County employees.
M.
Any
local law or portion of a local law establishing a specific fee amount
for any license, permit or service obtained from the County.
N.
Local
Law No. 1-2003, providing legislative districts for elections through
the terms ending December 31, 2011.
O.
Any
local law adopted subsequent to December 16, 2009.
P.
Local
Law No. 2-2006, the Charter, and any amendments thereto.
Q.
Local
Law No. 10-2008, the Administrative Code, and any amendments thereto.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law 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. If any provision of this Code or the application
thereof to any person or circumstances is held invalid, the remainder
of this Code and the application of such provision to other persons
or circumstances shall not be affected thereby.
A copy of the Code has been filed in the office of the Clerk
of the Legislature 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 Clerk of the Legislature by impressing thereon the Seal of
the County of Ulster, and such certified copy shall remain on file
in the office of said 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 known collectively as the "Code of the County
of Ulster" or any new local laws, when enacted or adopted in such
form as to indicate the intention of the County Legislature 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 inserted in the Code
as amendments and supplements thereto. Nothing contained in this local
law shall affect the status of any local law contained herein, and
such local laws may be amended, deleted or changed from time to time
as the County Legislature deems desirable.
It shall be the duty of the Clerk of the Legislature to keep
up-to-date the certified copy of the Code of the County of Ulster
required to be filed in the office of the Clerk for use by the public.
All changes in said Code and all local laws adopted by the County
Legislature subsequent to the enactment of this local law in such
form as to indicate the intention of said County Legislature 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 until such changes or local laws are included as supplements
to said Code.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk of the Legislature, or an authorized agent
of the Clerk, upon the payment of a fee to be set by resolution of
the County Legislature. The Clerk may also arrange for procedures
for the periodic supplementation of the Code.
Any person who alters or tampers with the Code of the County
of Ulster in any manner whatsoever which will cause the legislation
of the County of Ulster 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 for publication as the Code of the County of Ulster, no changes in the meaning or intent of such local laws have been made, except as provided for in Subsection B hereof. 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 County Legislature that all such changes be adopted as part of the Code as if the local laws had been previously formally amended to read as such.
B.
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 as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added. amended, adopted or repealed by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 8-17-2010 by L.L. No. 3-2010." Schedule A, which contains a complete description of all changes, is on file in the County offices.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
