Section 35. Legislative intent; construction


Latest version.
  • 1. It is the intention of the
      legislature by this county charter law  to  provide  for  carrying  into
      effect  the  provisions  of  paragraph (h) of subdivision one of article
      nine of the  constitution  and,  pursuant  to  the  direction  contained
      therein, to empower counties to prepare, adopt and amend county charters
      by local legislative action, subject to limitations imposed herein.
        2. It is not the intention of the legislature hereby to (a) abolish or
      curtail any powers or rights heretofore conferred upon or delegated to a
      county  or  counties  or to any of the units of government therein or to
      any board, commission, body or officer  thereof,  or  (b)  adversely  to
      affect  the power of a county to adopt, amend or repeal county charters,
      county laws or local laws pursuant to any  other  authorization  of  the
      legislature,  unless a contrary intention is clearly manifested from the
      express provisions of this county charter law or by necessary intendment
      therefrom.
        3. This county charter law shall be construed  liberally.  The  powers
      herein  granted  shall  be  in  addition  to any other powers granted to
      counties by any other provisions of general or special  laws,  including
      but not limited to charters, administrative codes, special acts or local
      laws. A permissive procedure authorized hereby shall not be deemed to be
      exclusive  or  to  prohibit the use of any other procedure authorized by
      any general or special act of the legislature,  charter,  administrative
      code or local law lawfully adopted and still in effect.
        4.  All  existing  state,  county, local and other laws or enactments,
      including charters, administrative codes and  special  acts  having  the
      force  of  law shall continue in force until lawfully amended, modified,
      superseded or repealed.
        5. If any provision of the county charter law is not clear or requires
      elaboration in its application to the county, the board  of  supervisors
      may  interpret  such  provision in a local law not inconsistent with the
      provisions hereof. Where any question arises concerning  the  transition
      to  a  charter  law  which  is  not  provided  for  herein, the board of
      supervisors  may  provide  for  such  transition  by  a  local  law  not
      inconsistent with the provisions hereof.
        6.  If  any  provision of this county charter law 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 particular provision directly  involved
      in the controversy in which such judgment is rendered.