[HISTORY: Adopted by the Town Board of the Town of Tully as indicated
in article histories. Amendments noted where applicable.]
[Adopted 11-8-2006 by L.L. No. 3-2006]
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 Tully, as previously adopted and adopted herein by the Town Board, including the Town of Tully Municipal Code, are by this local law, being reformatted and amended as set forth in the document entitled "Code of the Town of Tully" formulated and compiled by General Code Publishers and reviewed and edited by the Town Board of the Town of Tully as of the date hereof, and consisting of the chapters more particularly described in § 1-1C below, and, as reformatted and amended, are hereby adopted, subject to the other provisions of this local law and shall hereinafter be known collectively as the "Code of the Town of Tully," or "Code." A true and complete copy of the Code is attached hereto as Exhibit A.[1] Wherever reference is made in any of the local laws, ordinances
and resolutions contained in the "Code of the Town of Tully" 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]
Editor's Note: Exhibit A is on file in the Town offices.
B.
In adopting the Code, the Town Board, is relying upon
the authority granted to it in the Municipal Home Rule Law and is enacting
the Code pursuant to the authority granted to the Town in §§ 10(1)(ii)(a)(12),
10(1)(ii)(a)(14), and 10(1)(ii)(d)(3), and § 20 of the Municipal
Home Rule Law.
C.
The chapters contained in and intended to be part of
the Code of the Town of Tully are:
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Part I, Administrative Legislation
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Chapter 1, General Provisions
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Article I, Adoption of Code
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Chapter 8, Ambulance Commissioners, Board of
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Chapter 14, Appearance Tickets
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Chapter 20, Assessor
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Chapter 26, Constables
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Chapter 32, Defense and Indemnification
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Chapter 39, Ethics, Code of
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Chapter 45, Fire Districts
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Chapter 52, Investment Policy
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Chapter 61, Procurement Policy
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Chapter 67, Records
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Article I, Public Access to Records
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Article II, Retention and Disposition
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Chapter 73, Residency Requirements
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Article I, Building Inspector
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Part II, General Legislation
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Chapter 85, Adult Uses
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Chapter 93, Alcoholic Beverages
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Chapter 100, Animals
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Chapter 118, Buildings, Unsafe
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Chapter 136, Construction Codes, Uniform
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Chapter 149, Environmental Quality Review
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Chapter 162, Flood Damage Prevention
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Chapter 171, Games of Chance
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Chapter 190, Noise
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Chapter 197, Notification of Defects
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Chapter 225, Site Plan Review
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Chapter 234, Solid Waste
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Chapter 245, Subdivision of Land
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Chapter 252, Taxation
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Chapter 265, Vehicles and Traffic
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Chapter 280, Zoning
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Appendix(ices) List
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Disposition List
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The provisions of the Code, insofar as they are substantially the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance and 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 Tully, 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; provided, however, any amendments, changes or modifications to any earlier existing local laws or ordinances or parts thereof, shall become effective on the effective date of this local law. Any provisions of former local laws and ordinances, including without limitation, as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
Subject to the provisions of § 1-4 below, all local laws and ordinances of general and permanent nature of the Town of Tully, in force on the date of the adoption of this local law and not contained in the Code being adopted by this local law, 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 unless and except as and to the extent expressly stated as repealed and/or superseded by this local law by reference to the specific article, chapter and/or section repealed or superseded:
A.
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Tully 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 provisions of the Town
of Tully 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 Tully.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Tully.
E.
Any local law or ordinance of the Town of Tully 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 Tully or any portion thereof.
F.
Any local law or ordinance of the Town of Tully 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 Tully
or other instruments or evidence of the Town's indebtedness.
G.
Local laws or ordinances authorizing the purchase, sale,
lease or transfer or property, or any lawful contract 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 municipal employees.
M.
All personnel policies.
N.
Any local law adopted subsequent to March 1, 2006, and
not included in this local law, including without limitation L.L. No. 2-2006
adopted prior to the adoption hereof on November 8, 2006.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law 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 chapter of this Code
shall be found invalid by a court of competent jurisdiction, then the predecessor
of that chapter, if any, shall be deemed to have not been repealed and to
be in full force and effect.
A copy of the Code has been filed in the office of the Town Clerk of
the Town of Tully 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
Tully by impressing thereon the Seal of the Town of Tully, 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 future additions, deletions, amendments or supplements to
any of the local laws, ordinances and resolution known collectively as the
"Code of the Town of Tully" 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 included in the 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 for the Town of Tully 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 Tully 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 Board, changes or
amends, by additions or deletions, any part or portion of the Code of the
Town of Tully or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the Town of Tully to be misrepresented
thereby 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 Tully, 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 a part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B.
Throughout the Code of the Town of Tully, 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) 11-8-2006 by L.L. No. 2-2006." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
This local law shall take effect immediately upon filing with the Secretary
of the State of New York.
