Code of the Town of Skaneateles

Transcription

1 Code of the Town of Skaneateles COUNTY OF ONONDAGA STATE OF NEW YORK SERIAL NO GENERAL CODE PUBLISHERS CORP. Published 1986 Republished /29/2016

2 C E R T I F I C A T I O N TOWN OF SKANEATELES Office of the Town Clerk I, JANET L. AARON, Clerk of the Town of Skaneateles, New York, hereby certify that the chapters contained in this volume are based upon the original legislation of a general and permanent nature of the Town Board of the Town of Skaneateles, and that said legislation, as revised and codified, renumbered as to sections and rearranged into chapters, constitute the Code of the Town of Skaneateles, County of Onondaga, State of New York, as adopted by local law of the Town Board on December 10, Given under my hand and the Seal of the Town of Skaneateles, County of Onondaga, State of New York, this day of, at the municipal offices of the Town of Skaneateles. s/janet L. AARON Town Clerk 2 06/29/2016

3 OFFICIALS OF THE TOWN OF SKANEATELES Town Hall 24 Jordan Street Skaneateles, New York Telephone: (315) Fax: (315) Website: Town Board JAMES LANNING, Supervisor CONSTANCE BRACE, Councilor CLAIRE HOWARD, Councilor DAVID BADAMI, Councilor ROBERT COVILLE, Councilor JANET L. AARON, Town Clerk BRODY SMITH, ESQ., Town Attorney 3 06/29/2016

4 PREFACE The Town of Skaneateles was historically once a part of the Township of Marcellus until 1830, when an act of the New York State Legislature permitted the formation of a separate entity. These lands had previously been surveyed into military lots after the Revolutionary War and were given to the soldiers by the State of New York as payment for their service in the state's militia. Since that time the land, surrounding the northernmost waters of the lake which gives the Town it's name, has evolved from a dense wilderness populated only by wild animals such as wolves, deer, and bear, to a land of bountiful farms with fields of grain, alfalfa, and teasels and herds of dairy cattle and sheep, to, at the present time, a land becoming less rural and more residential. While only a few simple laws were necessary at the time of its formation, the Town, including the hamlets of Mottville, Skaneateles Falls and Mandana and the smaller communities of Willow Glen and Shepard Settlement, has grown. Together with the complexity of modern life, this has created the need for more and detailed legislation for the proper function and government of the Town and the proper use of its land. The recording of local law, including zoning law, is an important aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. However, legislation must be more than mere chronological enactments, reposing in the fading pages of dusty old record books. It must be available and logically arranged for convenient use and must be kept up to date. It was with thoughts such as these in mind that the Town Board ordered the following codification of the Town's legislation. Contents of Code The various chapters of the Code contain all currently effective legislation of a general and permanent nature enacted by the Town Board of the Town of Skaneateles, including revisions or amendments to existing legislation deemed necessary by the Town Board in the course of the codification. Division of Code The Code is divided into parts. Part I, Administrative Legislation, contains all Town legislation of an administrative nature, namely, that dealing with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments. Part II, General Legislation, contains all other Town legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not. 4 06/29/2016

5 Table of Contents and Grouping of Legislation The Table of Contents details the arrangement of material alphabetically by chapter as a means of identifying specific areas of legislation. Wherever two or more items of legislation have been combined by the editor into a single chapter, the use of article designations has preserved the identity of the individual enactments, and the titles of the articles are listed beneath the chapter title in order to facilitate location of the individual enactments. Reserved Chapters Unassigned chapter numbers do not appear in the Table of Contents but are available for assignment to new enactments. In this manner, new subject matter can be included alphabetically. Pagination A unique page-numbering system has been used in which each chapter forms an autonomous unit. The first page of each chapter is the number of that chapter followed by a colon and the numeral "1." Thus, Chapter 6 would begin on page 6:1. By use of this system, it is possible to add or to change pages in any chapter, or add new chapters, without affecting the sequence of subsequent pages. Numbering of Sections A chapter-related section-numbering system is employed in which the section number indicates the number of the chapter and the location of the section within that chapter. Thus, the first section of Chapter 30 would be 30-1, while the sixth section of Chapter 57 would be Scheme The Scheme is the list of section titles that precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the scheme titles are repeated as section headings in the text. Histories At the end of the Scheme (list of section titles) in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., local law number), if pertinent, and the date of adoption. In the case of chapters containing parts or articles derived from more than one item of legislation, the source of each part or article is indicated in the text, under its title. Amendments to individual sections or subsections are indicated by histories where appropriate in the text. 5 06/29/2016

6 General References; Editor's Notes In each chapter containing material related to other chapters in the Code, a table of General References is included to direct the reader's attention to such related chapters. Editor's Notes are used in the text to provide supplementary information and crossreferences to related provisions in other chapters. Appendix Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The Appendix of this publication is reserved for such legislation and for any other material that the community may wish to include. Disposition List The Disposition List is a chronological listing of legislation, indicating its inclusion in the publication or the reason for its exclusion. The Disposition List will be updated with each supplement to the Code to include the legislation reviewed with said supplement. Index The Index is a guide to information. Since it is likely that this publication will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added. Instructions for Amending the Code All changes to the Code, whether they are amendments, deletions or additions, should be adopted as amendments to the Code. In doing so, existing material that is not being substantively altered should not be renumbered. Adding new sections. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between 65-5 and 65-6 should be designated ). Adding new chapters. New chapters should be added in the proper alphabetical sequence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II, General Legislation), utilizing the reserved chapter numbers. New chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled "Vehicles, Abandoned" under "V" in the Table of Contents, and a new enactment on coin-operated amusement devices should be "Amusement Devices" or "Amusement Devices, Coin-Operated" under "A" in the Table of Contents). Where a reserved number is not available, an "A" chapter should be used (e.g., a new chapter to be included between Chapters 166 and 167 should be designated Chapter 166A). Adding new articles. New articles may be inserted between existing articles in a chapter (e.g., adding a new district to the Zoning Regulations) by the use of "A" articles (e.g., a 6 06/29/2016

7 new article to be included between Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with and Article XVII begins with , Article XVIA should contain through ) Supplementation Supplementation of the Code will follow the adoption of new legislation. New legislation or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which accompanies each supplement. Acknowledgment The assistance of the Town officials is gratefully acknowledged by the editor. The codification of the legislation of the Town of Skaneateles reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the profound conviction of General Code that this publication will contribute significantly to the efficient administration of local government. As Samuel Johnson observed, "The law is the last result of human wisdom acting upon human experience for the benefit of the public." 7 06/29/2016

8 TABLE OF CONTENTS PART I: ADMINISTRATIVE LEGISLATION 1. General Provisions... 1:1 Article I Adoption of Code 4. Constable... 4:1 6. Defense and Indemnification of Employees... 6:1 8. Ethics, Code of... 8:1 14. Local Laws and Ordinances, Adoption of... 14:1 25. Rules of Procedure... 25:1 PART II: GENERAL LEGISLATION 40. Building Code Administration... 40:1 42. Buildings, Unsafe... 42:1 49. Dogs and Other Animals... 49:1 50. Driveway Openings... 50:1 61. Electrical Standards... 61:1 63. Environmental Quality Review... 63:1 66. Excavations in Streets... 66:1 70. Fire Prevention... 70:1 72. Flood Damage Prevention... 72:1 76. Games of Chance... 76:1 86. Junkyards... 86:1 92. Life Safety... 92:1 99. Mobile Homes and Mobile Home Courts... 99: Notice of Defects : Property Maintenance : Records, Public Access to : Refuse Disposal : Sewers :1 8 06/29/2016

9 129. Streets and Sidewalks : Subdivision of Land : Taxation :1 Article I Senior Citizens Tax Exemption Article II Business Tax Exemption for Capital Improvements Article III Agricultural Assessments Article IV Veterans Tax Exemption Article V Alternative Veterans Tax Exemption Article VI Exemption for Disabled Persons With Limited Incomes Article VII Gold Star Parent Exemption Article VIII Converted Condominiums Article IX Volunteer Fire Fighters and Ambulance Workers Exemption Article X Cold War Veterans Exemption 141. Vehicles and Traffic : Water : Zoning :1 APPENDIX DISPOSITION LIST INDEX 9 06/29/2016

10 Chapter 1 GENERAL PROVISIONS [HISTORY: Adopted by the Town Board of the Town of Skaneateles as indicated in article histories. Amendments noted where applicable.] 1-1. Legislative intent. ARTICLE I Adoption of Code [Adopted by L.L. No ] The local laws, ordinances and resolutions of the Town of Skaneateles referred to in 1-2 of this local law shall be known collectively as the "Code of the Town of Skaneateles," hereafter termed the "Code," 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 Distribution of local laws, ordinances and resolutions. Derivation Table (Sections providing for severability of provisions, repeal of conflicting legislation and effective dates which are covered by provisions of Chapter 1 have been omitted from the Code, and such sections are indicated as "omitted" in the table which follows.) New Number (chapter, title, article, section) Chapter 1, General Provisions, Adoption of Code, Article I Old Number (source) 1-1 Section Section Section Section Section Section Section 7 L.L. No Adoption or Amendment Date 10 06/29/2016

11 1-8 Section Section Section Section Section Section 13 Chapter 6, Defense and Indemnification of Employees 6-1 Section Section 2 L.L. No Section 3 Amended by L.L. No Section Section 5 Amended by L.L. No Section Section Section Section 9 Omitted Section 10 Omitted Section 11 Chapter 8, Ethics, Code of L.L. No Section Section Section Section Section Section 6 Omitted Section 7 Chapter 14, Local Laws and Ordinances, Adoption of L.L. No Amended by L.L. No /29/2016

12 Omitted 6 Chapter 40, Building Construction 40-1 Section Section 2 L.L. No Section 3 Amended by L.L. No Section Section Section Section Section 8 Amended by L.L. No Section Section 10 Omitted Section 11 Omitted Section Section Section 14 Omitted Section 15 Chapter 42, Buildings, Unsafe L.L. No Section Section Section Section Section Section Section Section Section Section Section 11 Amended by L.L. No /29/2016

13 42-12 Section 12 Omitted Section 13 Omitted Section 14 Chapter 61, Electrical Standards L.L. No Section Section Section 3 Amended by L.L. No Section Section Section Section Section Section Section Section Section Section Section Section 15 Amended by L.L. No Section 16 Omitted Section 17 Omitted Section Section Section 20 Omitted Section 21 Chapter 63, Environmental Quality Review 63-1 Section Section Section Section Section 5 L.L. No /29/2016

14 63-6 Section Section Section Section 9 Amended by L.L. No Section Section Section Section Section Section 15 Omitted Section 16 Omitted Section 17 Chapter 70, Fire Prevention L.L. No Section Section Section 3 Amended by L.L. No Section Section Section Section 7 Amended by L.L. No Section Section Section 10 Amended by L.L. No Section Section Section Section 14 Amended by L.L. No Omitted Section 15 Omitted Section Section /29/2016

15 70-16 Section 18 Omitted Section 19 Chapter 72, Flood Damage Prevention 72-1 Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 15 Omitted Section 16 (Formerly ordinance enacted ) L.L. No Chapter 86, Junkyards L.L. No Omitted Section Section Section Section Section Section Section 7 Omitted Section 8 Chapter 92, Life Safety L.L. No Section Section Section 3 Amended by L.L. No /29/2016

16 92-4 Section Section Section Section Section Section Section Section 11 Amended by L.L. No Section Section Section Section 15 Amended by L.L. No Omitted Section 16 Omitted Section Section Section 19 Omitted Section 20 Chapter 97, Mining and Excavations 97-1 Section 1 L.L. No Section 2 Amended by L.L. No Section Section 4 Amended by L.L. No Section Section Section 7 Amended by L.L. No Section Section 9 Amended by L.L. No Section /29/2016

17 97-11 Section Section Section Section 14 Amended by L.L. No Section 15 Omitted Section 16 Omitted Section 17 Chapter 99, Mobile Homes and Mobile Home Courts 99-1 Section Section Section Section 4 L.L. No Section 5 Amended by L.L. No Section 6 Amended by L.L. No Section Section Section Section Section Section Section 13 %%'entity-nbsp'%%99-14 Section Section Section Section Section Section Section 20 Amended by L.L. No Section Section /29/2016

18 Omitted Section 23 Chapter 105, Notice of Defects L.L. No Section Section Section Section Section Section 6 Omitted Section 7 Omitted Section 8 Chapter 116, Records, Access to (Formerly resolution passed ) Omitted Section Section Section Section Section Section Section Section Section Section Section 11 Omitted Section 12 L.L. No Chapter 118, Refuse Disposal L.L. No Section I Section II Section III Amended by L.L. No Section IV Section V Amended L.L. No Section VI Amended Section VII Amended by L.L. No /29/2016

19 118-8 Section VIII Section IX Amended by L.L. No Section X Section XI Amended by L.L. No Omitted Section XII Omitted Section XIII Repealed by L.L. No Omitted Omitted Chapter 123, Signs Article I, Temporary Political Signs Section XIV Section XV Section Section Section 3 L.L. No Section 4 Amended by L.L. No Section 5 Omitted Section Section 7 Omitted Section 8 Omitted Section 9 Chapter 129, Streets and Sidewalks Section Section Section Section Section Section Section Section 8 (Formerly a portion of L.L. No ) L.L. No /29/2016

20 129-9 Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 30 Omitted Section 31 Chapter 131, Subdivision of Land (Formerly a portion of L.L. No as amended by L.L. No and L.L. No ) Section Section Section Section Section Section Section Section 8 L.L. No /29/2016

21 131-9 Section Section Section 11 Omitted Section 12 Chapter 134, Taxation Article I (Reserved) Chapter 141, Vehicles and Traffic (Formerly L.L. No ) Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 26 L.L. No /29/2016

22 Section Section Section Section Section Section Section Section Section Section Section 37 Omitted Section 38 Chapter 146, Water L.L. No Section I Section II Section III Section IV Amended by L.L. No Section V Section VI Amended by L.L. No Section VII Section VIII Amended by L.L. No Section IX Section X Amended by L.L. No Section XI Omitted Section XII Section XIII Omitted Omitted Section XIV Section XV Chapter 148, Zoning L.L. No Section Section /29/2016

23 148-3 Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section /29/2016

24 (Reserved) Section 37 (Reserved) Section Section Section 40 Omitted Section Repeal of enactments not included in Code. All local laws, ordinances and resolutions of a general and permanent nature of the Town of Skaneateles 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 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, 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 of Skaneateles prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability. B. An offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of Skaneateles, 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 Skaneateles. D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Skaneateles. E. Any local law, ordinance or resolution of the Town of Skaneateles providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, designating or changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Skaneateles or any portion thereof. F. Any local law, ordinance or resolution of the Town of Skaneateles 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 Skaneateles or other instruments or evidence of the Town's indebtedness. G. Local laws, ordinances or resolutions authorizing the purchase, sale, lease or 24 06/29/2016

25 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 personnel appointments, terms and conditions of employment, wages and salaries. K. Any and all Zoning Map amendments. L. All local laws, ordinances or resolutions relating to streets and sidewalks. M. All local laws, ordinances or resolutions relating to subdivision of land. N. All local laws, ordinances or resolutions relating to zoning. O. All legislation adopted subsequent to P. All local laws, ordinances and resolutions relating to cemeteries. Q. All local laws, ordinances and resolutions relating to tax exemptions for capital improvements Severability. If any clause, sentence, paragraph, article or part of this local law or of any local law, ordinance or resolution cited in the table in 1-2 hereof, or any local law, ordinance or resolution included in this Code 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, article or part thereof directly involved in the controversy in which such judgment shall have been rendered 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 Skaneateles 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 Skaneateles by impressing thereon the Seal of the Town of Skaneateles, and such certified copy shall remain 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 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 Skaneateles," 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 25 06/29/2016

26 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 looseleaf 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 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 Skaneateles 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 or local laws, ordinances or resolutions until such change or local law, ordinance or resolution is printed as a supplement to said Code book, at which time such supplements shall be inserted therein Sale of Code book; supplementation. Copies of the Code may be purchased from the Town Clerk of the Town of Skaneateles 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 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 Skaneateles, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation to the Town of Skaneateles 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 Changes in previously adopted legislation. A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Skaneateles, as distributed and designated in the table in 1-2, 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 following changes, amendments or revisions are made herewith, to 26 06/29/2016

27 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.) 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 Skaneateles, 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 When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. 1. Editor's Note: Pursuant to 1-11B, the following Code sections and chapters were amended, added or revised; 6-3A, 6-5A, 14-1, 40-3, 40-8F, 42-11, 61-3, 61-15, 63-9A, 70-14, 72-7, 92-15, 97-2, 97-4A, 97-4C, 97-7A, 97-9, 97-14A and B, 99-5H, 99-6D, 99-20, 123-4, 146 4, 146-6E, 146-8B and C and A complete description of these changes is on file in the office of the Town Clerk /29/2016

28 ********* Chapter 4 CONSTABLE [HISTORY: Adopted by the Town Board of the Town of Skaneateles by L.L. No Amendments noted where applicable.] 4-1. Authorization of appointment. The Town Board of the Town of Skaneateles is hereby authorized to appoint a Town Constable and who shall possess all the powers and duties of constables as allowed pursuant to the laws of the State of New York, but only to the extent as authorized by resolution of the Town Board of the Town of Skaneateles. This chapter is enacted pursuant to the authority of the Municipal Home Rule Law 10 of the State of New York, and 24 and 39 of the Town Law of the State of New York Remuneration. Constables shall be paid no salary, but shall be entitled to collect the statutory fees allowed by law in such civil actions and proceedings. In all other activities as allowed by law and as directed by the Town Board of the Town of Skaneateles, the Town Constable shall be paid hourly for such services in such amount as authorized in the annual resolution of the Town Board or made by the Town Board at the time of the appointment of such Town Constable Tenure. Constables shall serve at the pleasure of the Town Board and shall be appointed by the Town Board at the reorganizational meeting of the Town Board each year. ********* Chapter 6 DEFENSE AND INDEMNIFICATION OF EMPLOYEES 28 06/29/2016

29 [HISTORY: Adopted by the Town Board of the Town of Skaneateles by L.L. No Amendments noted where applicable.] 6-1. Title. This chapter shall be entitled "A Local Law Providing for the Defense and Indemnification of Officers and Employees of the Town of Skaneateles." 6-2. Definitions. As used in this chapter, unless the context requires otherwise, the following terms shall have the meanings indicated: EMPLOYEE Any person holding a position by election, appointment or employment in the service of the Town, but shall not include a volunteer, any person not compensated for his services or an independent contractor. The term "employee" shall include a former employee, his estate or his judicially appointed personal representative. TOWN The Town of Skaneateles Provisions for defense. A. Upon compliance by the employee with the provisions of 6-4 of this chapter, the Town shall provide for the defense of the employee in any criminal or civil action or proceeding in any state or federal court, including any action to enforce a provision of any civil rights statute of the State of New York or of the United States, arising out of any alleged act or omission which occurred or is alleged in the information or complaint to have occurred while the employee was acting, or in good faith purporting to act, within the scope of his public employment or duties. Such defense shall not be provided where such action or proceeding is brought by or on behalf of the Town pursuant to authorization of the Town Board. [Amended by L.L. No ] B. Subject to the conditions set forth in this chapter, the employees shall be represented by the Town Attorney or an attorney employed or retained by the Town for the defense of the employee. The Town Board shall employ or retain an attorney for the defense of the employee whenever the Town does not have a Town Attorney, the Town Board determines based upon its investigation and review of the facts and circumstances of the case that representation by the Town Attorney would be inappropriate or a court of competent jurisdiction determines that a conflict of interest exists and that the employee cannot be represented by the Town Attorney. Reasonable attorney's fees and litigation expenses shall be paid by the Town to such attorney employed or retained, from time to time, during pendency of the civil action or proceeding, subject to certification by the Town Supervisor that the employee is entitled to representation under the terms and conditions of this chapter. Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the Town. Any dispute with respect to representation of multiple employees by the Town Attorney or by an attorney 29 06/29/2016

30 employed or retained for such purposes or with respect to the amount of the fees or expenses shall be resolved by the court. C. Where the employee delivers process and a request for a defense to the Town Attorney or, if none, to the Town Supervisor as required by this section of this chapter, the Town Attorney or the Supervisor, as the case may be, shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B of this section, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense Conditions for defense. The duties to defend and indemnify and save harmless provided in this chapter shall be contingent upon: A. Delivery to the Town Attorney or, if none, to the Town Supervisor of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after the employee is served with such document. Such delivery shall be deemed a request by the employee that the Town provide for his defense pursuant to this chapter, unless the employee shall state, in writing, that a defense is not requested; and B. The full cooperation of the employee in the defense of such action or proceeding and in the defense of any action or proceeding against the Town based upon the same act or omission and in the prosecution of any appeal Judgments and settlements. A. The Town shall indemnify and save harmless any employee whose defense was provided pursuant to this chapter, in the amount of any judgment obtained against such employee, including any fine, or in the amount of any settlement or compromise approved by the Town Board. The Town shall not indemnify and save harmless the employee: [Amended by L.L. No ] (1) Where the injury, damage or wrongful act has been determined by a court of competent jurisdiction to have occurred while the employee was not acting within the scope of his public employment or duties; (2) Where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee; (3) For any punitive or exemplary damages or penalties; or (4) For money recovered from the employee pursuant to 51 of the General Municipal Law. B. The claim or compromise settlement which may be subject to indemnification by the Town shall not be paid unless it is presented to and approved by the Town Board /29/2016

31 C. Upon entry of final judgment against the employee or upon settlement or compromise of a claim as approved by the Town Board, the employee shall cause to be served upon the Town Supervisor a copy of such judgment or settlement, personally or by certified or registered mail, within 10 days of the date of entry or settlement. Such judgment or settlement shall be processed and paid in the same manner as other judgments or settlements of claims are paid by the Town Restriction of applicability. The benefits of this chapter will inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party, nor shall any provision of this chapter be construed to affect, alter or repeal any provisions of the Workers' Compensation Law Effect on insurers. The provisions of this chapter shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance Abrogation and greater restrictions. The provisions of this chapter shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Town or any right to defense and indemnification provided for any governmental officer or employee by, in accordance with or by reason of any other provision of state or federal statutory or common law Effect on pending proceedings. The provisions of this chapter shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this chapter /29/2016

32 Chapter 8 ETHICS, CODE OF [HISTORY: Adopted by the Town Board of the Town of Skaneateles by L.L. No Amendments noted where applicable.] 8-1. Statement of purpose. Pursuant to the provisions of 806 of the General Municipal Law, the Town Board of the Town of Skaneateles recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this chapter to promulgate these rules of ethical conduct for the officers and employees of the Town of Skaneateles. These rules shall serve as a guide for official conduct of the officers and employees of the Town of Skaneateles. The rules of ethical conduct of this chapter, as adopted, shall not conflict with but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees Definitions. As used in this chapter, the following terms shall have the meanings indicated: INTEREST A pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires. MUNICIPAL OFFICER OR EMPLOYEE An officer or employee of the Town of Skaneateles, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a "municipal officer or employee" solely by reason of being a volunteer fireman or civil defense volunteer, except a chief engineer or assistant chief engineer Standards of conduct. Every officer or employee of the Town of Skaneateles shall be subject to and abide by the following standards of conduct: A. Gifts. He shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value of $25 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to 32 06/29/2016

33 influence him or could reasonably be expected to influence him in the performance of his official duties or was intended as a reward for any official action on his part. B. Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest. C. Representation before one's own agency. He shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee. D. Representation before any agency for a contingent fee. He shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of his municipality whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. E. Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of Skaneateles, whether paid or unpaid, who participates in the discussion or gives an official opinion to the Town Board on any legislation before the Town Board shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation. F. Investments in conflict with official duties. He shall not invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction, which creates a conflict with his official duties. G. Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties. H. Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Town of Skaneateles in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration Effect on other actions. Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Town of Skaneateles or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law /29/2016

34 8-5. Copies to be distributed. The Supervisor of the Town of Skaneateles shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Town of Skaneateles within 30 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment Remedies. In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law /29/2016

35 Chapter 14 LOCAL LAWS AND ORDINANCES, ADOPTION OF [HISTORY: Adopted by the Town Board of the Town of Skaneateles by L.L. No Amendments noted where applicable.] Public hearing; notice. [Amended by L.L. No ] No local law or ordinance shall be adopted by the Town Board of the Town of Skaneateles until a public hearing has been held thereon in its final form before such Town Board, not less than three nor more than 30 days after notice has been given in the case of a local law, or not less than 10 nor more than 30 days after notice has been given, in the case of an ordinance, of the time and place of the holding of such public hearing. Such notice shall be given by the Town Clerk by causing the same to be published once in the official newspaper of the Town. Such notice shall contain the title of the proposed local law or ordinance and a brief explanatory statement thereof Posting of notice. The Town Clerk shall cause to be printed or otherwise reproduced copies of such proposed local law or ordinance and shall, not later than the day such notice is published, post one such copy, together with the notice of hearing, on the signboard at his office and shall also make copies of such proposed local law or ordinance available at his office for inspection by or distribution to any interested person during business hours Posting and publication of local law or ordinance. The Town Clerk shall forthwith upon the adoption of a local law or ordinance by the Town Board post a copy thereof on the signboard at his office and shall, within 10 days after such adoption, cause the local law or ordinance or an abstract thereof describing the same in general terms to be published in the official newspaper of the Town Proof of publication. Proof of publication of the notice of public hearing required by 14-1 hereof and proof of the posting and publication required by 14-3 hereof shall be filed in the office of the Town Clerk Numbering. Each local law shall be numbered consecutively, beginning with number one for each 35 06/29/2016

36 calendar year. When a local law is finally adopted and certified copies thereof are required by 27 of the Municipal Home Rule Law to be filed in the offices of the Town Clerk, the State Comptroller and the Secretary of State, the Town Clerk shall accordingly assign to such local law its appropriate number /29/2016

37 Chapter 25 RULES OF PROCEDURE [HISTORY: Adopted by the Town Board of the Town of Skaneateles by L.L. No Amendments noted where applicable.] Title. This chapter shall be known as "The Rules of Procedure Local Law for Town Boards of the Town of Skaneateles, 2008." Purpose. The Town of Skaneateles desires to ensure uniformity and fairness in the manner in which business is conducted before such boards, and the Town Board has determined that it would be beneficial to the Town to adopt such rules of procedure for conducting the business of each board Statutory authority. This chapter is enacted pursuant to the provisions of the Municipal Home Rule Law and 63 of Article 4 and 271(13) of Article 16 of the Town Law of the State of New York Planning Board. The Planning Board of the Town of Skaneateles, pursuant to Town Law 271(13), shall hereby conduct its business according to the following rules of procedure: A. Regular meetings. The Planning Board of the Town of Skaneateles (the "Planning Board" or the "Planning Board") shall hold regular meetings on the third Tuesday of each month. Such regular meetings shall commence at 7:30 p.m. and be conducted in the board room at the Town Hall. B. Special meetings. Special meetings of the Planning Board are all those Planning Board meetings other than regular meetings. A special meeting may be called by the Chair upon two days' written notice to the entire Planning Board or at a regular meeting of the Planning Board. Additionally, the Chair must call a special meeting within five days of a written request by any two Board members /29/2016