[HISTORY: Adopted by the Town Board of the Town of Chester as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-1-1981 by L.L. No. 5-1981]
It is the intent of this local law to establish a codification of ordinances, local laws and certain resolutions of the Town of Chester, for the purposes 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 certain resolutions of the Town of Chester referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Chester," and the various parts and sections of such local laws, ordinances and certain resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
The chapters, articles and sections of the Code of the Town of Chester (hereinafter "Code") are derived from the ordinances, local laws and certain resolutions of the Town of Chester as set forth below, and the ordinances, local laws and certain resolutions of said Town are distributed and designated as indicated. (Omitted sections pertain to repeal, severability or when effective provisions, which are covered by provisions of this local law or are ordinance or local law title sections which are not necessary in a codification having chapter and/or article titles for the various ordinances and local laws included therein. Certain sections are also omitted as their provisions, by their nature, are no longer effective.)
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 § 1-2 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 Chester, 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, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
In compiling and preparing the local laws, ordinances and certain resolutions of the Town for publication as the Code of the Town of Chester, 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.
All local laws and ordinances of a general and permanent nature of the Town of Chester, in force on the date of the adoption of this local law and not contained in the Code, as distributed and designated in the table in § 1-2 hereof, or recognized and continued in force by reference herein, 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 § 1-4 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:
Any right or liability established, accrued or incurred under any legislative provision of the Town of Chester prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.
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 Chester 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 Chester.
Any franchise, license, permit, right, entitlement, easement or privilege heretofore granted or conferred by the Town of Chester.
Any local law, ordinance or resolution of the Town of Chester providing for the laying out, opening, altering, widening, relocation, 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 Chester or any portion thereof.
Any local law, ordinance or resolution of the Town of Chester 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 Chester or other instruments or evidence of the Town's indebtedness.
Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property.
Any lawful contract or obligation.
The levy or imposition of special assessments or charges, or the establishment of any fee, charge or rate for a permit, license, application or service.
The dedication of property.
Any local law, ordinance or resolution pertaining to any water, sewer, fire, lighting or other special purpose district.
Any rules, regulations, standards or specifications referred to or authorized to be adopted by any local law or ordinance included in the Code; any regulations relating to public access to records; any resolutions accepting the applicability of the State Building Construction or Fire Prevention Codes; and any bylaws relating to the organization and procedures of any Town agency.
Any local law, ordinance or resolution pertaining to the appointment of Town personnel or to the compensation, conditions of employment or benefits of Town personnel, or any other type of resolution of policy pertaining to personnel.
Any local law, ordinance or resolution relating to taxation or exemptions from taxation, whether partial or otherwise.
The Zoning Map of the Town of Chester, adopted February 12, 1974, by Local Law No. 1-1974, and any amendment thereto.
Any local law, ordinance or resolution adopted subsequent to December 10, 1980. Local laws, ordinances and resolutions adopted subsequent to December 10, 1980, but prior to the effective date of this local law are hereby specifically continued in effect to the same extent as if referred to in § 1-2 of this local law, and such local laws, ordinances and resolutions of a Code nature shall hereafter be incorporated into the Code in such manner as is most appropriate and shall be considered as much a part of this Code as if specifically referred to in § 1-2.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Chester and shall remain there for use and examination by the public until final action is taken on this local law, and upon adoption of this local law, such copy shall be certified to by the Town Clerk of the Town of Chester, 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.
Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and certain resolutions known collectively as the "Code of the Town of Chester," or any new local law, ordinance or resolution of a general and permanent nature, 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 Chester 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, as to manner of adoption, of any local law, ordinance or resolution contained in said Code, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable in such manner as is provided by law generally for the amendment of local laws, ordinances and resolutions.
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 Chester 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 change 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 may be purchased from the Town Clerk of the Town of Chester 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.
The Town Clerk of the Town of Chester, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this local law in the official newspaper of the Town. A copy of the Code of the Town of Chester shall be maintained in the office of the Town Clerk for inspection by the public at all times during regular office hours. The enactment and application 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 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 Chester, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Chester to be misrepresented thereby, or who commits an offense against any other provision of this local law, shall be punishable by a fine of not more than $250 or by imprisonment for not exceeding 15 days, or by both such fine and imprisonment.
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 of any local law, ordinance or resolution incorporated into the Code hereafter 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 shall take effect as provided by law upon filing with the Secretary of State of New York.