[Adopted 7-30-1991 by L.L. No. 3-1991]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the various provisions comprising the 1965 Uniform
Traffic Code of the Town of Babylon, as well as any and all other
rules, regulations, resolutions, ordinances or local laws amending
said Code or otherwise regulating traffic and parking within the Town,
as revised, codified and consolidated into chapters, sections and
schedules by General Code Publishers Corp., are hereby approved, adopted,
ordained and enacted as the "Town of Babylon Uniform Code of Traffic
Ordinances," hereinafter termed the "Code."
All prior local laws, ordinances, resolutions, regulations and
rules, or parts of such, of the Town of Babylon regulating traffic
and parking and not included in this Code are hereby repealed, except
that this repeal shall not:
A.
Affect or prevent the prosecution or punishment of any person for
any act done or committed in violation of any local law, ordinance,
resolution, regulation or rule hereby repealed prior to the taking
effect of this Code.
B.
Affect any local law, ordinance, resolution, regulation or rule adopted
after September 21, 1965, and before the effective date of this Code.
Such local laws, ordinances, resolutions, regulations or rules shall
be deemed to be a part of this Code and adoption of this Code shall
be understood to incorporate such local laws, ordinances, resolutions,
regulations and rules. In the event of any conflict or inconsistency
between the provisions of such local laws, ordinances, resolutions,
regulations and rules and the provisions of this Code, the provisions
of such local laws, ordinances, resolutions, regulations and rules
shall control.
If any chapter, Article, section, subsection, paragraph, sentence,
clause or provision of this Code shall be adjudged by any court of
competent jurisdiction to be invalid, such adjudication shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the chapter. Article, section, subsection, paragraph,
sentence, clause or provision 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 Babylon 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 Babylon by
impressing thereon the Seal of the Town of Babylon, and such certified
copy shall remain on file in the office of said Town Clerk to be made
available to persons desiring to examine the same during all times
while said Code is in effect. The enactment and publication of this
local law, coupled with the availability of a copy of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of the Code for all
purposes.
A.
Any and all additions, deletions, amendments or supplements to any
of the local laws, ordinances, resolutions, regulations and rules
known collectively as the "Town of Babylon Uniform Code of Traffic
Ordinances," or any new local laws, ordinances, resolutions, regulations
and rules, 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, resolution, regulation or rule contained herein,
and such local laws, ordinances, resolutions, regulations or rules
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 Town of Babylon Uniform
Code of Traffic Ordinances 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, resolutions, regulations and rules 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,
resolutions, regulations or rules until such changes, local laws,
ordinances, resolutions, regulations and rules 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 Babylon 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 revisions, additions or deletions, any part or portion
of the Town of Babylon Uniform Code of Traffic Ordinances, or who
alters or tampers with such Code in any manner whatsoever which will
cause the legislation of the Town of Babylon 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.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
