LL #02-1998LOCAL LAW _ 2 _ OF 1998
TOWN OF WAPPINGE'R
BE 1'1' ENACTED by the Town Board of the Town ol' Wappinger as follows:
Section 1: Legislative Intent and Pulse.
1. 'The Town Board acknowledges that Section 23.1 ole the 'Town Law ole the State
of New York requires every officer of the 'Town at the time of his/her appointment and
throughout his/her term of office to be an elector of the Town. An elector of tlhe Town must
be a resident of the Town. The position of Building Inspector of the Town of Wappinger is an
officer of the Town, and, accordingly, pursuant to Section 23 of the Town Law, must be an
elector and resident of the 'Town of Wappinger. However, Section 23.3 of the Town Law
provides that persons performing the position of' Building Inspector in the Town of Mount
Pleasant, Westchester County are not required to be electors of such Town. Additionally,
pursuant to Public Officers Law Sections 3.17, 3.18 and 3.22, the State Legislature has
exempted the residency requirement for the Building Inspector in the Towns of North Salem,
Mount Pleasant and Lewisboro in Westchester County.
2. Section 1.0 of the Municipal Home Rule Law of the State of New York authorizes
a Town to adopt by Local Law for its own purposes,, any statutory provision, amendment or
exemption which has been expressly authorized by the State Legislature for any other named
Town, thereby superseding general statutory provisions to the contrary.
3. There presently is a vacancy in the position of Building Inspector in the Town of
Wappinger. The Town Board has interviewed a number ole candidates for the position ole
Building Inspector, however, none of the candidates were residents of the Town of Wappinger.
o:\conmion\wappingcr\local law\residcn.law
The Dutchess County Civil Service Department has provided the 'Town with a list of eligible
candidates for the position of Building Inspector, however, only one candidate was a resident
of the 'Town, and that person has declined the position. The ']'own Board has determined that
the position of Building Inspector is one requiring special skills, training and sensitivity, and that
the best interests of the residents of the Town of Wappinger would be served by not limiting the
position to electors of the Town.
4. The purpose and intent of this Local Law is to enable the Town Board to appoint
a non-resident of the Town of Wappinger to the position of Building Inspector.
Section 2: Exemption of Residency Requirement for Building Inspector. In
accordance with the Legislative Intent noted above, the person appointed to the position of
Building Inspector in the Town of Wappinger shall not be required to be an elector or resident
of the Town of Wappinger in order to hold and serve such position.
Section 3: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
Person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circurnstances. It is hereby
declared to be the legislative intent that this Local Law would have been adopted if such illegal,
invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been
included therein, and it' such person or circumstance to which the Local Law or part thereof is
held inapplicable had been specifically exempt therefrom.
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Section 4: Supersession.
Pursuant to Municipal Home Rule Law Section 22, the provisions of this Local Law are
intended to supersede any inconsistent or contrary provisions contained in the New York State
Constitution or in Town Law Sections 20 and 23, or Public Officers Law Section 3.
Section 5: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
creby certify that the local law annexed hereto, designated as local law No. #2 of 1998
the of Wappinger was duly passed by the
'own Board on FPrua>;y 9, 1998 , in accordance with the applicable provisions of law.
ame of Legislative Body)
( :sage by local legislative body with approval, no disapproval or repassage after disapproval
the Elective Chief Executive Officer%)
cey certify that the local law annexed hereto, designated as local law No. of 19
the (County)(City)(Town)(Village) of was duly passed by the
on 19 and was (approved)(not disapproved)(repassed after
ame of egie attve-F3ody�
,approval) by the _ and was deemed duly adopted on 19
ecGve hie xecuhve [titer `
accordance with the applicable provisions of law.
(Final adoption by referendum.)
hereby certify that the local law annexed hereto, designated as local law No. of 19
the (County)(City)(Town)(Village) of was duly passed by the
Oil 19 and was (ap)roved)(not disapprovedWrepassed after
latae of Legislative Bu–dyY—
sapproval) by the on
–(Elective Chief Executive Officer
19 Such local law was
:bmitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
)te of.a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
l9_, in accordance with the applicable provisions of law.
bject to permissive referendum and final adoption because no valid petition was filed requesting
6erndutn.)
hereby certify that the local law annexed hereto, designated as local law No. of 19
the (County)(City)(Towii)(Village) of was duly passed by the
Oil 19 and was (approved)(not disapproved)(repassed after
Jame of Legialative Body
isapproval) by the on 19 Such local law was subject to
Elective Chief Executive Officer'
^rmissive referendum and no valid petition requesting such referendum was filed as of 19
c accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
:ounty-wide basis or, If there be none, the chairman of the county legislative body, the mayor of a city
)r village, or the supervisor of a town where such officer is vested with the power to approve or veto local
aws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
hereby certify that the local law annexed hereto, designated as local law No. of 19
If the City of having been submitted to referendum pursuant to
he provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
,f a majority of the qualified electors of such city voting thereon at the (special)(general) election held on .
19_, became operative.
(County local law concerning adoption of Charter.)
hereby certify that the local law annexed hereto, designated as local law No. of 19
,f the County of , State of New York, having been submitted to
he electors at the General Election of Nov -ember. 19_, pursuant to subdivisions S and 7 of
c:cl;-n 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
lured electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
,f ' county considered as a unit voting at said general election, became operative.
U any other authorized form of final adoption has been followed, please provide an appropritate certification.)
further certify that I have compared the preceding local lav with the original on file in this office and that
he same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
n the manner indicated in paragraph i above.
CUD 9
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er of t e Vlik4A h AiX X R#, owrPVi X Cler
or officer designated by local legilsative body
ELAINE Il.t\SNOWDEN. TOWN CLERK
(Seal) Date: _ 'L�Cj . � r o
,Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
ott'^- authorized Attorney of locality.)
t
"I'A"�OF NEW YORK
ouRiY oh DUTCHESS
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
,roceedings have been had or taken for the enactment of the local law annexed hereto.
Albert Y. Roberts, Attorney to the Town
Title
InaKff
XXy')K
Town
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of Wappinger
Date:
(3) .