LL 06 Civil Enforcement Lacal Law Filing NEW YORK STATE DE➢ARTNENT OF, STATE
16 S
Use this form to file a local law with the SecretaryOf tTON AVENUE, ALBANr; NY t223t
e
Stale.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics'or underlining to indicate new matter.
My of QENSBURY ,
Town zrUE ..................
)Local Law No.
..............................I...... . of the., 97
year 19 __
A local law .......T.� Amend the Code of the Town of
182 Entitled .................................
Ciyil Erifo ................................................uee?S12uzy....t-Q..Add..g..1;o.w.Ch
rcement _Be it it enacted by the ..........Town Board
(Name of Legislative Body) --......--..of the
COAF ty
C� Queensbur
Townof .............. ..................y..........................
....................................................................................as follows:
Vi
SECTION 1 . The Code of the Town of Quteensbury is hereby amended by
adding a new Chapter 182, entitled "Civil "Enforcement" , as
follows :
§ 182-1. - Purpose.-
. -
. The purpose of this Chapter is to provide an additional means
of enforcement of the Town Code ( "Code" ) by authorizing the
appropriate enforcement official to commence a civil action to
collect civil 'penalties in Queensbury Town Court pursuant to the
small claims provisions of Article 18 of the New York Uniform
Justice Court Act. This Chapter is intended' to provide additional
enforcement provisions to 'the existing Code enforcement provisions
and does not replace or supersede existing Code enforcement
provisions . This Chapter is authorized by § 10(2) , (4) (b) of the
New York Municipal Home Rule Law and § 65 and § 135 of the New York
Town Law. "To the extent that this Chapter may be inconsistent with
Town Law § 65, this Chapter expressly supersedes Town Law § 65.
§ 182-2 . Definitions .
ENFORCEMENT OFFICER - The Enforcement Officer is the official
or officials authorized by any provision of the Code to enforce the
Code, including but not limited to the Zoning Administrator,
Director of Building and Code Enforcement, Code Compliance Officer,
Building Inspector, Animal Control Officer and Fire Marshal, and
their designees .
§182-3. Civil Enforcement.
( 1)
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 7190)
Notwithstanding any other provisions of the Code and in
addition to any other enforcement provisions set forth in the Code,
the Enforcement Officer is authorized, in his or her discretion, to
seek a civil penalty in an amount not exceeding $3,000 for each
violation of the Code. Such civil penalty shall be recovered by
commencing a civil proceeding as a small claim in the Queensbury
Town Court pursuant to Article 18 of the New York Uniform Justice
Court Act. Notwithstanding the foregoing, if any provision of the
Code contains a civil penalty in an amount less than $3,000, the
Enforcement Officer may only seek a civil penalty not exceeding
that lesser amount.
§182-4 . Exemption.
Notwithstanding the foregoing, this Chapter shall not apply to
Chapter 94 of the Code, Freshwater Wetlands.
SECTION 2 . Severability.
If any part of this Local Law shall be declared invalid by a
Court of competent jurisdiction, such declaration shall not affect
or impair in any way any other provisions and all other provisions
shall remain in full force and effect.
SECTION 3 . Effective Date.
This Local Law shall take effect upon filing in the office of
the New York Secretary of State as provided in Section 27 of the
New York Municipal Home Rule Law.
(2)
(Complete the certification in the paragraph that applies to the filing of this local law,and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local taw No. 6 of 19 97
of the 4X)(Towc,,i w) of Queensbury was duty passed by the
on July •7th 19 97, in accordance with the applicable provisions of law.
(Name o g3s alive o y•
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body) on 19_, and was (approved)(not disapproved)(repassed after
disapproval) by the w and was deemed duly adopted on 19
(Elective �e Executive titer _ —
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village)*of was duly passed by the
on 19i, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on _ 19 Such local law was
Elective Chief Executive'Otficer')
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (genera l)(special)(annua1) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
�. ; i:.at the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body
on 19_, and was (approved)(not disapproved)(repassed after
disapproval) by the on 19 Such local law was subject to
Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or viiiage, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(3) ,
e S. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the.local law annexed hereto,designated as local law No. ........ of 19........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of 137 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the special
en ral election held on ............
............ 19.........became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November .............19.......pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certifica-
tion.)
l further certify that 1 have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and pf the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.............above.
�Z1 jov.
Clerk of the County legislative body,Gty,Town or Villate Cler r
Officer designated by local legislative body
Date: 01 �1
(Seal)
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF....Warren
1, the undersigned, hereby certify that the fo&a.w cont ins the correct text and that all
proper proceedings have been had or taken for the enal law n edher o.... .. .... . ........................
Mark Schachner signature
...Town,Counsel
....... .. . ..............................
Title
Date: "J-q,-9`1 Townof .....Queensbury...............
XXK MX
(4)
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
September 9, 1997
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 6, 1997, filed 09/03/97
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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printed on recycled paper