Town of Clay, NY Chapter 1 General Provisions

[HISTORY: Adopted by the Town Board of the Town of Clay as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 8-20-2001 by L.L. No. 1-2001]

§ 1-1 Legislative intent.

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Clay, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 230, together with an Appendix, shall be known collectively as the "Code of the Town of Clay," 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 Clay" 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 Clay, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.

§ 1-3 Inconsistent local laws and ordinances repealed.

All local laws and ordinances or parts thereof inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Clay which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 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:

A. Any right or liability established, accrued or incurred under any legislative provision of the Town of Clay 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 Town of Clay 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 Clay.

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

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

F. Any local law or ordinance of the Town of Clay 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 Clay 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, agreement or obligation.

H. The levy or imposition of special assessments or charges.

I. The annexation or dedication of property.

J. Any local law or ordinance relating to salaries and compensation.

K. Any local law or ordinance amending the Zoning Map.

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

M. 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.

N. Any local law adopted subsequent to 9-18-2000.

O. All traffic and vehicles legislation of the Town of Clay.

P. All legislation regarding the Fire Prevention Board and Fire Prevention Code of the Town of Clay.

§ 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 Clay 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 Clay 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 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.

§ 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 Clay" 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 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.

§ 1-8 Code book to be kept up-to-date.

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 Clay 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, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-9 Sale of Code book; 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.

§ 1-10 Penalties for tampering with Code.

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 Clay or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Clay 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.

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

[1] Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted 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, deleted) 8-20-2001 by L.L. No. 1-2001." Schedule A, which contains a complete description of all changes, is on file in the Town offices.

C. Nomenclature.

(1) Throughout the Code:

(a) References to the "Police Department" or "Police Chief" are revised to read "Division of Police."

(b) References to the "Board of Appeals" are revised to read "Zoning Board of Appeals."

(c) References to the "Superintendent of Highways" are revised to read "Highway Superintendent."

(2) Throughout Chapter 81, Article I, Building Code Enforcement, references to the "State Building Construction Code" are updated to read "State Uniform Fire Prevention and Building Code," except in § 81-3, which refers to the town's original acceptance of the State Building Construction Code in 1954.

(3) Throughout Chapter 191, Snowmobiles, references to the "Parks and Recreation Law" and the "Office of Parks and Recreation" are updated to read "Parks, Recreation and Historic Preservation Law" and the "Office of Parks, Recreation and Historic Preservation," respectively.

(4) Throughout Chapter 200, Subdivision of Land, references to the "Master Plan" are updated to read "Comprehensive Plan."

§ 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 Clay, 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 Use and Construction

[Adopted 5-1-1978 as Ch. 1, Secs. 1.2, 1.3, 1.8, 1.9, 1.10, 1.12 and 1.15, of the 1978 Code]

§ 1-14 Definitions.

A. Specific terms. When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:

ASSESSOR

The Assessor of the Town of Clay in the County of Onondaga and State of New York.

ATTORNEY or TOWN ATTORNEY

The Town Attorney of the Town of Clay in the County of Onondaga and State of New York or an Attorney or firm of Attorneys retained by the Town Board to render legal advice and assistance.[1]

BOARD OF APPEALS or ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Clay in the County of Onondaga and State of New York.

BOARD OF ETHICS

The Board of Ethics of the Town of Clay appointed pursuant to § 22-9 of this Municipal Code.

BUDGET OFFICER

The Commissioner of Finance of the Town of Clay while performing the functions of a Budget Officer pursuant to § 14-5 of this Municipal Code and the laws of the State of New York.

BUILDING INSPECTOR

The Building Inspector of the Town of Clay who is in charge of the Bureau of Permit Inspection within the Department of Planning and Development.[2]

CODE (UNLESS OTHERWISE SPECIFICALLY QUALIFIED)

The Town of Clay Municipal Code.

CODE ENFORCEMENT OFFICER

The Town officer or employee appointed to assist the Commissioner of Planning and Development in the enforcement of Chapter 230, Zoning, of the Town of Clay and other related provisions of this Municipal Code.

[Amended 8-20-2001 by L.L. No. 1-2001]

COMMISSIONER OF FINANCE

The Commissioner of Finance of the Town of Clay appointed pursuant to Chapter 14, Article I, of this Municipal Code and who is also designated to serve as the Town Comptroller and the Budget Officer of the Town of Clay.

COMMISSIONER OF PLANNING AND DEVELOPMENT

The Commissioner of Planning and Development of the Town of Clay appointed pursuant to Chapter 14, Article III, of this Municipal Code.

COMMISSIONER OF PUBLIC SAFETY

The Commissioner of Public Safety of the Town of Clay appointed pursuant to Chapter 14, Article IV, of this Municipal Code who is responsible for the supervision of the Department of Public Safety including the coordination of volunteer Fire Departments and the Fire Prevention Board.

[Amended 7-20-2009 by L.L. No. 3-2009]

COMMISSIONER OF PUBLIC WORKS

The Town Highway Superintendent who is responsible for the supervision of the Highway Department.

COMMISSIONER OF RECREATION AND HUMAN RESOURCES

The Commissioner of Recreation and Human Resources of the Town of Clay appointed pursuant to Chapter 14, Article II, of this Municipal Code and responsible for the supervision of the Department of Recreation and Human Resources.

COMMISSION FOR CONSERVATION OF THE ENVIRONMENT

The Commission for Conservation of the Environment of the Town of Clay and established pursuant to this Municipal Code.

COMPTROLLER or TOWN COMPTROLLER

The Commissioner of Finance of the Town of Clay while performing the functions of a Town Comptroller as authorized by § 14-5 of this Municipal Code and the Laws of the State of New York.

CONSTABLE or TOWN CONSTABLE

A Constable of the Town of Clay in the County of Onondaga and State of New York or a civil officer performing the functions of a constable in civil actions and proceedings only.

COORDINATOR OF ADVISORY BOARDS

The Coordinator of Advisory Boards of the Town of Clay responsible within the Department of Recreation and Human Resources for coordinating the efforts of the Advisory Boards appointed pursuant thereto.

COUNCILMAN

A Councilman of the Town of Clay in the County of Onondaga and State of New York.

COUNTY

The County of Onondaga in the State of New York.

COUNTY CLERK

The County Clerk of the County of Onondaga in the State of New York.

DEPARTMENT OF FINANCE

The Department of Finance of the Town of Clay established by Chapter 14, Article I, of this Municipal Code.

DEPARTMENT OF PLANNING AND DEVELOPMENT

The Department of Planning and Development of the Town of Clay established pursuant to Chapter 14, Article III, of this Municipal Code.

DEPARTMENT OF PUBLIC SAFETY

The Department of Public Safety of the Town of Clay established pursuant to Chapter 14, Article IV, of this Municipal Code.

DEPARTMENT OF PUBLIC WORKS

The Highway Department of the Town of Clay.

DEPARTMENT OF RECREATION AND HUMAN RESOURCES

The Department of Recreation and Human Resources of the Town of Clay established pursuant to Chapter 14, Article II, of this Municipal Code.

DEPUTY COMMISSIONER OF PUBLIC SAFETY FOR CODE ENFORCEMENT

The Deputy Commissioner of Public Safety of the Town of Clay appointed pursuant to § 14-27 of Chapter 14, Article IV, of this Municipal Code.[3]

ENFORCEMENT OFFICER

The officer or employee designated by appropriate authority to be in charge of and responsible for the enforcement of the provisions of a specific chapter of this Municipal Code, or rules or regulations or a part thereof for which he is so designated.

FIRE CHIEF

Any of the Fire Chiefs of any volunteer fire company which has contracted with the Town to render service in any fire district or area of the Town of Clay in the County of Onondaga and State of New York.

FIRE DEPARTMENT

Any of the volunteer Fire Companies under contract to render services in the Town of Clay in the County of Onondaga and State of New York.

FIRE PREVENTION BOARD

The Fire Prevention Board of the Town of Clay established pursuant to former Chapter 112 of the 1978 Municipal Code.

HEALTH OFFICER

The duly appointed local Health Officer who is authorized to exercise all the functions and duties of a Health Officer of the Town of Clay in the County of Onondaga and State of New York.[4]

MUNICIPAL CODE

The Town of Clay Municipal Code.

MUNICIPALITY

The Town of Clay in the County of Onondaga and State of New York.

OWNER

A person who has the legal title, alone or with others, or exercises dominion or control over property, both real and personal.

PERSON

One or more persons of either sex, natural persons, corporations, partnerships, associations, joint stock companies, societies and all other entities capable of being sued.

PLANNING BOARD

The Planning Board of the Town of Clay in the County of Onondaga and State of New York.

RECEIVER OF TAXES AND ASSESSMENTS

The Receiver of Taxes and Assessments of the Town of Clay in the County of Onondaga and State of New York.

SEALER OF WEIGHTS AND MEASURES

The Sealer of Weights and Measures of the County of Onondaga in the State of New York.

STATE

The State of New York.

SUPERINTENDENT OF HIGHWAYS, HIGHWAY SUPERINTENDENT OR TOWN SUPERINTENDENT OF HIGHWAYS

The Town Highway Superintendent of the Town of Clay.

SUPERVISOR OR TOWN SUPERVISOR

The Supervisor of the Town of Clay in the County of Onondaga and State of New York.

TENANT

A person occupying real property under an oral or written lease or who is in possession of real property under the actual or tacit consent of the owner. Whenever a person, not the owner, occupies real property, it shall be presumed that he occupies same as a tenant.

TOWN BOARD OR BOARD

The Town Board of the Town of Clay in the County of Onondaga and State of New York.

TOWN CLERK OR CLERK

The Town Clerk of the Town of Clay in the County of Onondaga and State of New York.

TOWN JUSTICE

A Town Justice of the Town of Clay in the County of Onondaga and State of New York.

TOWN OR TOWN OF CLAY

The Town of Clay in the County of Onondaga and State of New York.

[1] Editor's Note: The former definition of "Board or Town Board," which immediately followed this definition, was deleted 8-20-2001 by L.L. No. 1-2001.

[2] Editor's Note: The former definition of "Clerk or Town Clerk," which immediately followed this definition, was deleted 8-20-2001 by L.L. No. 1-2001.

[3] Editor's Note: The definition of "Division of Police" or "Town Division of Police," which immediately followed, was removed 7-20-2009 pursuant to the provisions of L.L. No. 3-2009. The Town of Clay Police Department was abolished 4-17-2008 by L.L. No. 6-2008. Said local law was approved at referendum held 6-23-2008.

[4] Editor's Note: The former definition of "Justice of the Peace or Town Justice," which immediately followed this definition, was deleted 8-20-2001 by L.L. No. 1-2001.

B. Other words. All other words used in this Code and not otherwise specifically defined shall be construed in the manner that they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.

§ 1-15 Rules of construction.

A. Words used in the present tense include the future tense.

B. The singular number includes the plural.

C. A word importing the masculine gender only shall also be construed to include females, corporations, partnerships, associations, joint stock companies, societies and all other entities capable of being sued.

§ 1-16 Annotations and material contained in brackets.

Any material contained in brackets shall not be deemed to be a part of this Code. Such material contained therein is intended to show the adoption date, effective date and comments on any changes. Likewise, any commentaries, footnotes, cross references, citations of authority or other annotations shall not be deemed a part of this Code but are inserted editorially solely to assist in the use and interpretation of this Code.

§ 1-17 Conflict with other provisions.

Wherever the requirements of any provisions of this Municipal Code or portion thereof are at variance with the requirements of any other lawfully adopted rule, regulation, ordinance, local law, other enactment or other part of this Municipal Code, the most restrictive, or that imposing the higher standards, shall govern unless a contrary intent is expressly stated.

§ 1-18 General penalty.

Unless otherwise specifically provided, the violation of any chapter, rule or regulation or any specific provision or provisions thereof adopted by the Town Board as a part of this Code shall be deemed a violation against such chapter, rule, regulation, or provisions of this Code punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both such fine and imprisonment; provided, however, that for the purpose of conferring jurisdiction upon courts and judicial officers generally, such violation shall be deemed a misdemeanor and for such purpose only all provisions of law relating to misdemeanors shall apply to such violation.

§ 1-19 Deputies, assistants and representatives.

A. Wherever any officer of the Town is granted certain powers or duties or is designated as the enforcement officer of a specific chapter or portion thereof, it shall also be construed to include the deputies, assistants and representatives of such officer as may be designated, delegated or authorized by such officer to exercise such powers or duties.

B. While acting within the scope of their employment, it shall be presumed that all acts performed by such deputies, assistants and representatives were duly delegated and authorized.

§ 1-20 Interpretation.

The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the ordinances contained herein are enacted.