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Nothing in this chapter is to be construed as imposing upon the town or any town officer administering the same any liability in addition to any the town or official would have otherwise been subjected to had this chapter not been adopted. Whenever any violation of this chapter is also a violation of state or federal law, and a state or federal agency, officer, commission or board has jurisdiction to prosecute under state or federal law, then the town shall defer to the state or federal agency, officer, commission or board in the enforcement thereof. In addition, whenever any aggrieved party has available to the party relief in the form of civil penalties or injunctive rights as against a violator of this chapter, then the town shall defer to the party in the initiation of any enforcement of this chapter. Provided, however, when the town has been provided a written opinion by legal counsel stating that the state or federal law, or the availability of civil penalties or injunctive rights are not as extensive as are provided by the terms of this chapter, or are inadequate to cause cessation of violations of the chapter, then the Town Council may approve the initiation of enforcement of the chapter directly.
(Ord. 93-4, passed 8-30-93)