Local Law 3 of 2009 — ====================== NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local L a w F i l i n g ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text oflaw should be given as amended. Do not include matter being eliminated and (— underlining to indicate new matter. ^ ^L E D ±^ 3 09 *®^^^^«ECOfiDS Local Law No. of the year 2 0 . ^ ^ ^ A local law arnending the Code of the Town of Clay, by removing all references to the "Clay Policd"B^f!(t^., Division of Police, or Town Police Officer", and replacing same with the words "thft prevailing law enforoftment agftnny". Beitenactedbythe Town Board ^^^^^ (Name of Legislative Body) of ^'^y as follows: Town SEE ATTACHED LOCAL LAW. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 11/99) Page 1 of 3 (Complete the certification in the paragraph that applies to thefilingofthis local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) o no I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of—Clav —- was duly passed by the Town Board on July 20th 20 09 , in accordance with the applicable (Name of Legislative body) provisions oflaw. 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)(VilIage) of was duly passed by the on 20 , and was (approved)( not approved) (Name of Legislative Body) ^ /\ ri- / (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Execulive Officer*) on 20 , in accordance with the applicable provisions oflaw. 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 approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective ChiefExeculive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmadve vote of a majority of the qualified electors voting thereon at the (general) (special)(aimual) election held on 20 , in accordance with the apphcable provisions oflaw. 4. (Subject to permissive referendum andfinaladoption because no vahd petition wasfiledrequesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(ViIlage) 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 oflaw. * Elective ChiefExecutive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, ifthere 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-239 (Rev. 11/99) P a g © 2 Of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ofa majority of the qualified electors of such city voting thereon at the (special)(general) 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 electors at the General 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 ofa majority of the qualified electors of the cities of said county as a unit and 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 offinaladoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph-J , above. r\ ' /* ClerlJ of the county I^|;islative body. City, Town or Village Clerk or officer designated by'local legislative body JILL HAGEMAN-CLARK (Sea!) Date: duly 24, 2009 (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 ONONDAGA I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ROBERT M. GERMAIN. Title TOWN ATTORNEY jSfe^f Town of Clay TOWTI Date: July 24. 2009 DOS-239 (Rev. 11/99) Page 3 of 3 LOCAL LA W NO. 3 OF THE YEAR 2009 OF THE TOWN OF CLA Y A LOCAL LAW AMENDING THE CODE OF THE TOWN OF CLAY. IT IS HEREBY ORDAINED AND ENACTED by the Town Board of the Town of Clay, Onondaga County, New York, as toilows: SECTION 1. AMENDMENT OF THE CODE OF THE TOWN OF CLAY Locai Law No. 3 of the Year 2009 Amending the Code of the Town of Clay, by removing all reference to the wording "Clay Police Department, Division of Police or Town Police Office^ from the Code and to replace such with the following language, "the prevailing law enforcement agency" to said Town code. As approved by local law the Town of Clay abolished its police department pursuant to Section 150 (4) of the NYS Town Law and transferred the function of the Town police department to the Onondaga County Sheriff's Department. The Sheriff's Department requested, the removal of the wording "Clay Poiice Department, Division of Poiice or Town Poiice Officer" and replace same with the following language, "the prevailing law enforcement agency", in order to enforce violations of applicable, statutes, local laws, rules, regulations, ordinances, and the Code of the Town of Clay. Said local law reads as follows: Town Board Meeting June 1st, 2009 called public hearing for July 20th, 2009 at 7:35 P.M. Public heanng notice published in Post Standard July 9th, 2009. Public hearing held before theTown Board July 2Dth, 2009. Town Board approved local law July 20th, 2009. Local Law sent to Dept of State July 28lh, 2009. Received correspondence from NYS Dept of State local law filed _ _ _ _ _ _ _ _ _ _ _ _ _ LOCAL LAW Pursuant to Local Law No. 6 of the Year 2008, which was subject to public referendum and duly approved by qualified voters of said Town of Clay, abolished its Police Department and transferred the function of the town police department to the Onondaga County Sheriff's Department and further entered into a contract with Onondaga County for the extension of additional police services within the Town of Clay. At the request of the Sheriffs Department, for clarification purposes, this local law removes any and all references to the "Clay Police Department, Division of Police or Town Police Officer^', from the Code of the Town of Clay. SECTION L PURPOSE The purpose of this local law is to eliminate all wording that makes reference to the "Clay Police Department, Division of Police or Town Police Officer" and replace same with the following language, "the prevailing law enforcement agency". The Sheriffs Department, requested for clarification purposes, in order to enforce or issue tickets for violations of the statutes, ordinances, local laws, regulations, that the Clay Code, which includes a section for traffic and vehicles, be amended to remove all references to Clay Police Department, Division of Police or Town Poiice Officer and replace same with the wording "the prevailing law enforcement agency." SECTION 2. CLARIFICATION Any reference to the "Clay Police Department, Division of Police or Town Police Officer" is hereby removed from the Code of the Town of Clay, and replaced therein with the wording "the prevailing law enforcement agency." SECTION 3. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State.