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HomeMy WebLinkAboutLL 09 of 2013 Noise Law Permit ProcessTOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us Paulette Terwilliger, Town Clerk pterwllliger@town.ithaca.ny.us Phone; (607) 273-1721 Fax: (607) 273-5854 Debra DeAugistine, Deputy Town Clerk ddeaugistine@town.Ithaca.ny.us November 18, 2013 State Records Unit Department of State One Commerce Plaza, 99 Washington Ave. Albany, NY 12231 To Whom It May Concern, Enclosed please find Town of Ithaca Local Law No. 9 and No. 10 for the year 2013. Please contact me if you have any questions. ^incerely, Debra DeAugWne Deputy Town Clerk Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) 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. □County QCIty □Town □Village (Select one:) of Ithaca Local Law No. 9 of the year 2013 A local law Amending the Town of Ithaca Code, Chapter 184 Entitled "Noise", to (Insert Title)Delete Section 184-12.A.(9) Concerning Notification of Neighbors and to Allow Waiving a Public Hearing Be It enacted by the Town Board of the (Name of Legislative Body) □County □City □Town □Village (Select one:) of Ithaca as follows: See attached. (If additional space is needed, attach pages the same size as this sheet, and number each.) r^oc noQO f I /d^w nc/iox (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 law No. 5 of 2o22—_ Oi the (County)(City)(Town)(Village) of ^ y^as duly passed by the Town Board on November 18 20^^ in accordance with the applicable (Name of Legislative Body) provisions of law. 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 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapprov on 20| I I , in accordance w ith the applicable provisions of law. (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 . and was (approved)(not appro' (Name of Legislative Body) (repassed after disapproval) by the on 20 . (Elective Chief Executive Officer*) Such local law was 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 (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Gounty)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , 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 chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-l fRev. 06/12) Page 3 of 4 5. (City local law concerning Charter revision proposed by petition.) ^iJil^reby certify that the local law annexed hereto, designated as local law No.. of 20 of 0^ having been submitted to referendum pursuant to the provisions of section (36)(37) ofMunicipal Home Rule Law, and having received the affirmative vote of a majority of the qualified eiectors of such city voting tHereon at the (special)(generai) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of ^State of New York, having been submitted to the eiectors at the Generai Election of November ^ 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the quaiified eiectors of the cities of said county as a unit and a majority of the quaiified 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 certification.) I further certify that I have compared the preceding local law with the original^ file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, ant^jss fit^lMadopted in the manner indicated in paragraph J , above. yi/j/ Iw/llH Clerk of the county legislative body. City, Town or Village Clerk or officer designated by local legislative body (Seal) ^ Date: noQ-noiQ f i iz>rx\, r\cn^n\ Adopted 11/18/2013 TOWN OF ITHACA LOCAL LAW NO. 9 OF THE YEAR 2013 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 184 ENTITLED “NOISE”, TO DELETE SECTION 184-12.A.(9) CONCERNING NOTIFICATION OF NEIGHBORS AND TO ALLOW WAIVING A PUBLIC HEARING Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 184, entitled “Noise,” of the Town of Ithaca Code, is amended by deleting from Section 184-12, entitled “Permit procedure; fee” the entire subparagraph (9) of paragraph A. Section 2. Chapter 184, entitled “Noise,” of the Town of Ithaca Code, is amended by adding to Section 184-12, entitled “Permit procedure; fee” the following new paragraph F: “F. The Town Board may in its sole discretion waive the holding of a public hearing upon good cause shown or for other unique, special or extenuating circumstances.” Section 3. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 4. This local law shall take effect immediately upon its filing with the New York Secretary of State.