Chapter 1
GENERAL PROVISIONS
[HISTORY: Adopted by the Town Board of the Town of Kinderhook 7-10-78 as L.L. No. 1-1978. Amendments noted where applicable.]
ARTICLE I
Adoption of Code
[Adopted 7-10-78 as L.L. No. 1-1978]
Be it enacted by the Town Board of the Town of Kinderhook as follows:
~ 1-1. Legislative intent.
The local laws, ordinances and resolutions of the Town of Kinderhook referred to in ~ 1-2 of this local law shall be known collectively as the "Code of the Town of Kinderhook," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in ~ 1-2 of this local law.
~ 1-2. Distribution of local laws, ordinances and resolutions.
Derivation Table
[Note: Section numbers with asterisks in the second column have not been renumbered in the first column because they are section numbers which relate to titles, effective dates or severability clauses. For respective titles, refer to the first column; for effective dates, refer to the third column; for severability, refer to ~ 1-5 hereof.]
New Number
(chapter, title, Old Number
Article, section) (source) Adoption Date
Chapter 6, Ethics, Resolution 12-16-70
Code of
Art. I Art. I
~ 6-1 Sec. 1
~ 6-2 Sec. 2
Art. II Art. II
~ 6-3 Sec. 1
~ 6-4 Sec. 2
~ 6-5 Sec. 3
~ 6-6 Sec. 4
Art. III Art. III
~ 6-7 Sec. 1
~ 6-8 Sec. 2
Art. IV
Sec. 1*
Art. V
Sec. 1*
Chapter 13, Planning Resolution 6-14-67, amended
Board 3-14-77
~ 13-1 Sec. 1
~ 13-2 Sec. 2
~ 13-3 Sec. 3
~ 13-4 Sec. 4
Chapter 18, Retirement
and Social Security
Art. I Resolution 12-26-73
~ 18-1 Unnumbered
~ 18-2 Unnumbered
Art. II Resolution 12-28-53
~ 18-3 1
~ 18-4 2
~ 18-5 3
Chapter 27, Bingo Ordinance 4-1-58, approved
4-29-58
~ 27-1 Sec. 1
~ 27-2 Sec. 2
~ 27-3 Sec. 3
Chapter 31, Boats Ordinance 12-12-39
~ 31-1 Sec. 1
~ 31-2 Sec. 2
~ 31-3 Sec. 3
~ 31-4 Sec. 4
~ 31-5 Sec. 5
Sec. 6*
Chapter 35, Building L.L. No. 1-1972 6-27-72 Construction
~ 35-1 Sec. 1
~ 35-2 Sec. 2
~ 35-3 Sec. 3
~ 35-4 Sec. 4
~ 35-5 Sec. 5
~ 35-6 Sec. 6
~ 35-7 Sec. 7
~ 35-8 Sec. 8
Chapter 40, Dogs L.L. No. 1-1974 12-30-74
Sec. 20-2*
~ 40-1 Sec. 20-2
~ 40-2 Sec. 20-3
~ 40-3 Sec. 20-4 Amended 5-9-77
by L.L. No.
3-1977
~ 40-4 Sec. 20-5
~ 40-5 Sec. 20-6
~ 40-6 Sec. 20-7
~ 40-7 Sec. 20-8
Sec. 20-9*
Chapter 45, Environ- L.L. No. 5-1977 8-29-77
mental Quality Review
~ 45-1 1
~ 45-2 2
~ 45-3 3
~ 45-4 4
~ 45-5 5
~ 45-6 6
~ 45-7 7
~ 45-8 8
~ 45-9 9
~ 45-10 10
~ 45-11 11
~ 45-12 12
~ 45-13 13
~ 45-14 14
~ 45-15 15,16
~ 45-16 17
~ 45-17 18
~ 45-18 19
20*
Chapter 49, Freshwater L.L. No. 1-1976 9-8-76
Wetlands
~ 49-1 Sec. 1
~ 49-2 Sec. 2
Chapter 53, Games L.L. No. 2-1977 3-14-77, approved of Chance 7-19-77
~ 53-1 Sec. 1
~ 53-2 Sec. 2
~ 53-3 Sec. 3
~ 53-4 Sec. 4
Chapter 58, Liability
of Town
Art. I L.L. No. 4-1977 6-13-77
~ 58-1 Sec. 1
~ 58-2 Sec. 2
~ 58-3 Sec. 3
Sec. 4*
Chapter 63, Sub- Resolution Planning Board,
division of Land 6-20-68; Town
Board 7-10-68
Art. I Art. I
~ 63-1 Unnumbered
Art. II Art. II
~ 63-2 Unnumbered
Art. III Art. III
~ 63-3 Unnumbered
~ 63-4 Sec. 1
~ 63-5 Sec. 2
~ 63-6 Sec. 3
~ 63-7 Sec. 4
~ 63-8 Sec. 5
~ 63-9 Sec. 6
~ 63-10 Sec. 7
Art. IV Art. IV
~ 63-11 Unnumbered
~ 63-12 Sec. 1
~ 63-13 Sec. 2
~ 63-14 Sec. 3
~ 63-15 Sec. 4
~ 63-16 Sec. 5
~ 63-17 Sec. 6
~ 63-18 Sec. 7 Amended 7-11-77
by Ord. No.
4-77
Art. V Art. V
~ 63-19 Sec. 1
~ 63-20 Sec. 2
~ 63-21 Sec. 3
~ 63-22 Sec. 4
Art. VI Art. VI
~ 63-23 Sec. 1
~ 63-24 Sec. 2
~ 63-25 Sec. 3
Art. VII
Sec. 1*
Chapter 67, Taxation
Art. I Ordinance 11-10-66
~ 67-1 Unnumbered
~ 67-2 1 Amended 12-12-72,
12-23-74
2*
Art. II L.L. No. 1-1977 3-10-77
~ 67-3 Sec. 1
Sec.2*
Chapter 71, Trailers Ordinance 2-18-69
and Mobile Homes
Sec. 1.1*
Art. I
~ 71-1 Sec. 2.1
~ 71-2 Sec. 3.1 Amended 7-11-77
by Ord. No.
6-77
Art. II Sec. 4.1
~ 71-3 Unnumbered
~ 71-4 4.2
~ 71-5 4.3
~ 71-6 4.4
~ 71-7 4.5
~ 71-8 Sec. 5.1
~ 71-9 Sec. 6.1
Art. III Sec. 7.1
~ 71-10 7.2
~ 71-11 7.3
~ 71-12 7.4
~ 71-13 7.5
~ 71-14 7.6
~ 71-15 7.7
~ 71-16 7.8
~ 71-17 7.9
~ 71-18 7.10
~ 71-19 7.11
Art. IV Sec. 8.1
~ 71-20 8.2
~ 71-21 8.3
~ 71-22 8.4
~ 71-23 8.5
~ 71-24 8.6
~ 71-25 8.7
~ 71-26 8.8
~ 71-27 8.9
~ 71-28 8.10
~ 71-29 8.11
Art. V Sec. 9.1
~ 71-30 9.2
~ 71-31 9.3
~ 71-32 9.4
~ 71-33 9.5
Art. VI Sec. 10.1
~ 71-34 10.2 Amended 7-11-77
by Ord. No.
6-77
~ 71-35 10.3
~ 71-36 10.4
~ 71-37 10.5
Art. VII Sec. 11.1
~ 71-38 11.2
Art. VIII
~ 71-39 Sec. 12.1
~ 71-40 13.2
~ 71-41 13.3
~ 71-42 Sec. 14.1
~ 71-43 Sec. 15.1
Sec. 16.1*
Sec. 17.1*
~ 71-44 Sec. 17.2
Chapter 76, Vehicles
and Traffic
Art. I Ordinance 8-28-73
~ 76-1 1
~ 76-2 2
3*
~ 76-3 4
5*
Chapter 81, Zoning Ordinance 1-21-72
Art. I Sec. I
~ 81-1 C
~ 81-2 Sec. XI Amended 7-11-77
by Ord. No.
3-77
Art. II Sec. II
~ 81-3 A
~ 81-4 B
~ 81-5 C
~ 81-6 D
Art. III Sec. III
~ 81-7 A
~ 81-8 B
Art. IV Sec. IV
~ 81-9 A
~ 81-10 B
~ 81-11 C
~ 81-12 D
~ 81-13 E
~ 81-14 F
~ 81-15 G
~ 81-16 H
Art. V Sec. V
~ 81-17 A
~ 81-18 B Amended 7-11-77
by Ord. No.
5-77
~ 81-19 C
~ 81-20 D
~ 81-21 E
~ 81-22 F
~ 81-23 G
~ 81-24 H
~ 81-25 I
~ 81-26 J
~ 81-27 K
Art. VI Sec. VI
~ 81-28 A
~ 81-29 B
~ 81-30 C
~ 81-31 D
~ 81-32 E
~ 81-33 F
~ 81-34 G
~ 81-35 H
~ 81-36 I
Art. VII Sec. VII
~ 81-37 A
~ 81-38 B and C Amended 7-11-77
by Ord. No.
2-77
~ 81-39 D Renumbered
7-11-77 by
Ord. No. 2-77
Art. VIII Sec. VIII
~ 81-40 A
~ 81-41 B
~ 81-42 C
~ 81-43 D
~ 81-44 E
~ 81-45 F
Art. IX Sec. IX
~ 81-46 A
~ 81-47 B
~ 81-48 C
~ 81-49 D
~ 81-50 E
~ 81-51 F
Art. X Sec. X
~ 81-52 A
~ 81-53 B
~ 81-54 C
D*
E*
Chapter A85, Street De- Resolution 10-23-73
velopment Specifications
~ A85-1 Unnumbered
~ A85-2 Unnumbered
~ 1-3. Repeal of legislation not contained in Code.
All local laws, ordinances and resolutions of a general and permanent nature adopted by the Town Board of the Town of Kinderhook and in force on the date of adoption of this local law and not cited in the table in ~ 1-2 hereof are hereby repealed as of the effective date of this local law, except as hereinafter provided.
~ 1-4. Legislation saved from repeal; matters not affected by repeal.
The repeal of local laws, ordinances and resolutions provided for in ~ 1-3 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:
A. Any right or liability established, accrued or incurred under any legislative provision of the Town Kinderhook 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 Kinderhook, 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 Kinderhook.
D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Kinderhook.
E. Any local law, ordinance or resolution of the Town of Kinderhook providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Kinderhook, or any portion thereof.
F. Any ordinance or resolution of the Town of Kinderhook appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the town, or other instruments or evidence of the town's indebtedness.
G. Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
H. The levy or imposition of special assessments or charges.
I. The dedication of property.
J. Any local laws, ordinances or resolutions relating to salaries.
K. Any currently effective ordinance or resolution establishing a water, sewer, lighting, garbage or other special purpose district.
L. Any local law, ordinance or resolution adopted subsequent to August 29, 1977.
M. Any local law, ordinance or resolution amending the Zoning Map of the Town of Kinderhook.
~ 1-5. Severability.
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 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.
~ 1-6. Copy of Code on file.
A copy of the Code of the Town of Kinderhook in loose-leaf form has been filed in the office of the Town Clerk 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 Kinderhook by impressing thereon the Seal of the Town of Kinderhook, 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 the said Code is in effect.
~ 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 Kinderhook," 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 of the Town of Kinderhook" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the Town of Kinderhook shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing the said Code, as amendments and
supplements thereto.
~ 1-8. Code book to be kept up-to-date.
It shall be the duty of the Town Clerk or someone authorized and directed by the Town Clerk, to keep up-to-date the certified copy of the book containing the Code of the Town of Kinderhook required to be filed in the office of the Town Clerk for the use of 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 Town Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of a copy of such changes or local laws, ordinances or resolutions until such changes or 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 book containing the Code of the Town of Kinderhook may be purchased from the Town Clerk of the Town of Kinderhook 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.
~ 1-10. Publication; copy available for public inspection.
The Town Clerk of the Town of Kinderhook, pursuant to law, shall cause to be published in the manner required a copy of this local law in the official newspaper of the town. A copy of the Code of the Town of Kinderhook 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.
~ 1-11. Penalties for offenses.
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 Kinderhook or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Kinderhook to be misrepresented thereby or who violates any other provisions of this local law shall, upon conviction thereof, be subject to a fine of not more than two hundred fifty dollars ($250.) or to imprisonment for a term of not more than fifteen (15) days, or both, for each offense.
~ 1-12. Incorporation of provisions into Code.
The provisions of this local law are hereby made Chapter 1 of the Code of the Town of Kinderhook, to be entitled "General Provisions, Article I, Adoption of Code," and the sections of the local law shall be numbered ~~ 1-11 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.
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