Notice of Adoption of Local Law 2 of 2013, Town of Ovid, Seneca County, N. Y.

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Notice of Adoption of Local Law 2 of 2013

Town of Ovid

Seneca County, N. Y.

NOTICE IS HEREBY GIVEN that after a public hearing duly held in the Town of Ovid, New York (the "Town") in accordance with law, the Town Board of said Town on the 12 day of June, 2013, adopted the following local law to wit: Local Law No. 2 of the year 2013: A local law repealing the “Unnecessary Noise” ordinance of the Town of Ovid.

SECTION ONE: LEGISLATIVE INTENT

In 1974, the Town of Ovid enacted “Unnecessary Noise” ordinance of the Town of Ovid. To the town board’s knowledge, this ordinance has never been repealed.

It is currently the opinion of the town board that this ordinance may be void and/or unnecessary under various existing state and/or local enactments, including the town’s local law providing for Licensing, Identification and Control of Dogs. Further, this ordinance prohibits prosecution therefor unless sworn statements from “at least three people residing in the Town of Ovid, at the time of the alleged disturbance” be filed with the Justice of the Peace, thereby discriminating against non-residents, including law enforcement officials, who may wish to file legitimate complaints and, further, contradicting the provisions of the Criminal Procedure Law of the State of New York, pertaining to local criminal court accusatory instruments’ facial sufficiency.

It is, therefore, the opinion of the town board that the “Unnecessary Noise” ordinance of the Town of Ovid, duly adopted April 4, 1974, be repealed pending further review and study of the town’s local laws and ordinances.

SECTION TWO: REPEALER

The “Unnecessary Noise” ordinance of the Town of Ovid, duly adopted April 4, 1974, is repealed in its entirety.

SECTION THREE: EFFECTIVE DATE

This Local Law shall take effect immediately upon its filing with the Secretary of

State of the State of New York in accordance with the Municipal Home Rule Act of the

State of New York.

Dated: June 12, 2013, Ovid, New York

By Order of the Town Board

Town of Ovid

James Vangalio, Town Clerk

Town of Ovid

Steven Getman, Attorney for the Town of Ovid

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Steven Getman Attorney Franklin & Gabriel Law Office: http://tinyurl.com/c93yk9y

Steven Getman County Assigned Counsel, 2008-2011: http://tinyurl.com/7t27nll

Steven Getman Seneca County Stop-DWI Coordinator, 2007: http://tinyurl.com/cxtjfyb

Steven Getman Seneca County Attorney, 2002-2007: http://tinyurl.com/7olnrjl

Steven Getman Seneca County Social Services Attorney, 1995-2001: http://tinyurl.com/6oxk5vo

Steven Getman Attorney Midey & Swinehart, 1995-2001: http://tinyurl.com/c8wp96r

Steven Getman Seneca County Public Defender, 1995: http://tinyurl.com/72opsae

Steven Getman Seneca County Law Guardian Panel, 1992-1995: http://tinyurl.com/ckcv7cp

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