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HomeMy WebLinkAboutLL 07 of 2004 Codification of Laws & Ordinances.pdfAdopted July 12, 2004 by Town Board Resolution No. 2004-112 Local Law No. 7 of the year 2004 A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN OF ITHACA INTO A MUNICIPAL CODE TO BE DESIGNATED THE “CODE OF THE TOWN OF ITHACA” ARTICLE I Adoption of Code Be it enacted by the Town Board of the Town of Ithaca, County of Tompkins, New York, as follows: § 1-1. Adoption of Code. The local laws, ordinances and certain resolutions of the Town of Ithaca , as codified by General Code Publishers Corp., and consisting of Chapters 1 through 270, together with an Appendix, copies of which have been available for public inspection and copies of which have been timely provided to each member of the Town Board of the Town of Ithaca, are hereby adopted as, and shall be known collectively as, the “Code of the Town of Ithaca,” hereafter termed the “Code.” Wherever reference is made in any of the local laws, ordinances and resolutions contained in the Code 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 Ithaca, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below. Ithaca, T. Notice of Enactment – 2 § 1-3. Repeal of enactments not included in Code. All local laws and ordinances of a general and permanent nature of the Town of Ithaca in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law. § 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 Ithaca 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 Ithaca 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 Ithaca. D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Ithaca. E. Any local law or ordinance of the Town of Ithaca 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 Ithaca or any portion thereof. F. Any local law or ordinance of the Town of Ithaca 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 Ithaca 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. Ithaca, T. Notice of Enactment – 3 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 February 10, 2004. O. Any matter not contained in a local law or ordinance the substance of which is not included in the Code, which matter may have been adopted by resolution of the Town Board or other governing board. Such matters include, among others, the Town’s personnel manual, highway specifications, procurement policies, and budgets. § 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 Ithaca 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 Ithaca 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 an abstract 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. Ithaca, T. Notice of Enactment – 4 § 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 Ithaca” 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 Ithaca 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 the Town Board in accordance with applicable law. 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 Ithaca or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Ithaca 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. Ithaca, T. Notice of Enactment – 5 § 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 Ithaca, 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.) C. Nomenclature. In Chapter 205, Property Maintenance, and Chapter 270, Zoning, of the new Code, references to "Board of Zoning Appeals" or to “Board of Appeals” are revised to read "Zoning Board of Appeals." § 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 Ithaca, 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. Ithaca, T. Notice of Enactment – 6 Town of Ithaca Code Adoption Local Law Schedule A Specific Revisions at Time of Adoption of Code {Section references are to the Code as renumbered with the 2004 codification.} Chapter 9, Appearance Tickets. The listing following § 9-2B is amended by revising the term "Chief of Operations" of the Southern Cayuga Lake Intermunicipal Water Commission to read "Chief Operating Officer." Chapter 32, Ethics, Code of. In § 32-2A, the reference to "Town Clerk/Collector of Taxes" is revised to read "Town Clerk, Receiver of Taxes." Chapter 41, Health Insurance. A. § 41-1A is amended to delete the phrase "through a managed health care plan known generally as PHP" from the end thereof. B. § 41-1C is amended to revise the phrase "by PHP" to read "by the Town's health insurance." Chapter 112, Animals. Article I, Dog Control and Licensing. § 112-2F is amended to revise the phrase "six months of age" to read "four months of age." Chapter 153, Fees. A. In § 153-3, the lead-in paragraph is amended to read as follows: "The following fees are payable to the Town Clerk for licenses and searches issued by the Town Clerk." B. In § 153-11A the phrase which previously read "There shall be a fee for a fill permit issued by the Town Engineer pursuant to § 70, Subdivision 6, of the Zoning Ordinance" is amended to read as follows: "There shall be a fee for a fill permit issued by the Town Engineer pursuant to the fill provisions of Chapter 270, Zoning, of the Code of the Town of Ithaca." C. § 153-13 is amended to delete the phrasing which previously read ", except those relating to dog licenses and purebred licenses, may be changed by ordinance, local law, or resolution of the Town Board from time to time. The fees set forth above with respect to dog licenses and purebred licenses"; said section now to read in its entirety as follows: § 153-13. Amendments. The foregoing charges may be changed only by an ordinance or local law. Ithaca, T. Notice of Enactment – 7 Chapter 175, Lock Boxes. A. In § 175-1B, the phrase "has been called to the premises" is added. B. In § 175-2, definition of ALARM SYSTEM, the phrase "notification of a possible fire or burglary is made" is amended to delete "or burglary" so it reads " notification of a possible fire is made." Chapter 188, Notification of Defects. A. § 188-2: (1) In the first sentence, the phrase "five days" is amended to read "10 days." (2) The last sentence, which previously read as follows: "The Town Clerk shall cause all written notices received by him or her pursuant to this chapter and Subdivision 2 of § 65-a of the Town Law to be presented to the Town Board within five days of the receipt thereof or at the next succeeding Town Board meeting, whichever shall be sooner" is deleted therefrom. B. § 188-3 is amended to revise "Subdivisions 1 and 3" of § 65-a of the Town Law to read "Subdivision 1." Chapter 214, Sewer Use: Use of Public Sewers. A. § 214-1 is amended to add the definition of MUNICIPAL BOARD, to read as follows: MUNICIPAL BOARD — Shall mean the Town Board of the Town of Ithaca. B. § 214-10 is amended to revise the internal reference to refer to §§ 214-5 and 214-6 rather than §§ 214-4 and 214-5. Chapter 215, Sewer Use: Rules, Regs. & Penalties of Board of Public Works, City of Ithaca, NY, Re: Water Supply, Sewage Disposal & Air Conditioning. In § 215-25B, "three feet" is amended to read "3 1/2 feet." Chapter 221, Signs. In § 221-9A, the phrase "New York State Building Construction Code" is revised to read "New York State Uniform Fire Prevention and Building Code." Chapter 234, Subdivision of Land. A. In § 234-8A the reference to "Section 84 of the Town of Ithaca Zoning Ordinance" is revised to read "Chapter 153, Fees, of the Code of the Town of Ithaca, and any other applicable chapter or law." Ithaca, T. Notice of Enactment – 8 B. In § 234-14E, the reference to "Chapter 270, Zoning," is revised to read "Chapter 153, Fees, of the Code of the Town of Ithaca." Chapter 243, Taxicabs. In § 243-4C(2), the reference to "Judd Falls Road" is revised to read "Pine Tree Road." Chapter 250, Vehicles and Traffic. Article II, Vehicle Weight Limits, is amended to consolidate and revise existing provisions, to read in its entirety as follows: ARTICLE II Vehicle Weight Limits § 250-6. Legislative authority. This article is adopted pursuant to the authority of § 1660 of the Vehicle and Traffic Law of the State of New York and § 10 of the Municipal Home Rule Law of the State of New York. § 250-7. Purpose. This article is adopted in order to minimize the adverse impact of traffic upon certain communities in the Town and certain of its streets and bridges, and in order to promote the health, safety and welfare of the community. § 250-8. Restricted locations. No through traffic of trucks, commercial vehicles, truck tractors, or tractor-trailer combinations, with a maximum registered gross vehicle weight in excess of five tons shall be permitted on: A. McIntyre Place. B. Forest Home Drive, between the western terminus of Plantation Road (also known as Arboretum Road) and Caldwell Road. C. Judd Falls Road, between Forest Home Drive and the intersection with Plantation Road (also known as Arboretum Road). D. Honness Lane. § 250-9. Definitions. For purposes of this article: MAXIMUM REGISTERED GROSS VEHICLE WEIGHT — Shall mean the maximum gross vehicle weight for which the vehicle is registered with the New York State Department of Motor Vehicles. If the vehicle is registered in a jurisdiction other than the State of New York, the term shall mean the maximum gross vehicle weight for which the vehicle is registered with the applicable motor vehicle department or similar agency in the jurisdiction in which the vehicle is registered and which weight is shown on the registration for such vehicle. If the vehicle is registered in a governmental jurisdiction Ithaca, T. Notice of Enactment – 9 that does not indicate a maximum gross vehicle weight on registrations, the term shall mean the manufacturer's gross vehicle weight rating (GVWR) as indicated on the vehicle safety certification label. § 250-10. Penalties for offenses. A violation of this article shall be a traffic infraction. Every person convicted of a violation of any of the provisions of this article shall for a first conviction be punished by a fine of not more than $50 or by imprisonment for not more than 15 days or by both such fine and imprisonment; for a second such conviction within 18 months thereafter such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction such person shall be punished by a fine of not more than $250 or by imprisonment of not more than 90 days or by such fine and imprisonment. § 250-11. Exclusions. Local deliveries and pickups to and from properties located on the aforementioned Town highways, by vehicles otherwise prohibited from using said highways by the provisions of this article shall not be prohibited hereby. Further, fire-fighting equipment and vehicles, and emergency medical service vehicles, otherwise prohibited from using such highways by the provisions of this article shall not be prohibited hereby. § 250-12. Signage. This article shall be effective with respect to each named street upon the erection or posting of modified signs or markings giving notice of the restrictions contained herein and that the maximum weight is determined by maximum registered gross vehicle weight. Until such time the previous law which this article supersedes shall remain in effect. Article III, Parking; Stop and Yield Intersections. A. § 250-13 is added to read ad follows: § 250-13. Legislative authority. This article is adopted pursuant to § 130 of the Town Law of the State of New York and § 1660 of the Vehicle and Traffic Law of the State of New York. B. In Schedule A, Stop Intersections, and Schedule B, Yield Intersections, the following entries are amended to revise "Tompkins Community Hospital" or "Tompkins County Hospital" to read "Cayuga Medical Center": (1) In Schedule A, the first entry for Harris B. Dates Drive; and (2) In Schedule B, the entry for the access road leading behind Biggs Complex. Chapter 256, Water Protection. Part I, Cross-Connection Control. In § 256-3, the definition of COMMISSION is added to read as follows: Ithaca, T. Notice of Enactment – 10 COMMISSION — The Southern Cayuga Lake Intermunicipal Water Commission created by an intermunicipal agreement among the Town of Ithaca and several other municipalities. Chapter 270, Zoning. In § 270-233B, the first phrase is amended to read as follows: "The waiver of the permit to build requirement for alterations, accessory buildings, and parking spaces set forth above shall…." (It previously read: "This waiver of the permit to build requirement for alterations, accessory buildings, and parking spaces shall….") Chapter 271, Zoning: Special Land Use Districts. § 271-1 is added to read as follows: § 271-1. Special regulations applicable to stated special land use districts. The following provisions, regulations and requirements shall apply to existing special land use districts (now considered planned development zones) and to specific special land use districts as stated in the following sections.