Village of Carthage, NY
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Carthage as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-21-1985 by L.L. No. 10-1985]

§ 1-1 Legislative intent; distribution table.

A. 
The local laws, ordinances and resolutions of the Village of Carthage referred to in § 1-1B of this local law shall be known collectively as the "Code of the Village of Carthage," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-1B of this local law.
B. 
Distribution of local laws, ordinances and resolutions.[1]
[1]
Editor's Note: The Derivation Table which listed the section numbers of the legislation included in the 1967 codification along with their corresponding section numbers in the 1985 Code is on file in the Village offices.

§ 1-2 Continuation of existing provisions.

A. 
The provisions of the Code, insofar as they are substantively the same as those of the local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, as distributed and renumbered in § 1-1B above, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Trustees of the Village of Carthage, and it is the intention of said Board of Trustees that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
B. 
In compiling and preparing the local laws, ordinances and certain resolutions of the Village for publication as the Code of the Village of Carthage, as distributed and designated in the table in § 1-1B hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.

§ 1-3 Repeal of local laws and ordinances not contained in Code.

All local laws and ordinances of a general and permanent nature heretofore adopted by the Board of Trustees of the Village of Carthage and in force on the date of the adoption of this local law and not cited in the table in § 1-1B hereof are hereby repealed as of the effective date of this local law, except as hereinafter provided.

§ 1-4 Local laws and ordinances saved from repeal; matters not affected by repeal.

The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any local law, ordinance or resolution adopted subsequent to July 2, 1984.
B. 
Any right or liability established, accrued or incurred under any legislative provision of the Village prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.
C. 
Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village, or any penalty, punishment or forfeiture which may result therefrom.
D. 
Any prosecution, indictment, action, suit or other proceeding pending, or any judgment rendered prior to the effective date of this local law, brought pursuant to any legislative provision of the Village.
E. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village.
F. 
Any local law, ordinance or resolution of the Village providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village, or any portion thereof.
G. 
Any ordinance or resolution of the Village appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Village or other instruments or evidence of the Village's indebtedness.
H. 
Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
I. 
The levy or imposition of special assessments or charges.
J. 
The dedication of property.
K. 
Any local law, ordinance or resolution relating to salaries and employee benefits.
L. 
Any rules, regulations, standards or specifications referred to or authorized to be adopted by any local law, ordinance or resolution included in the Code.
M. 
The "Charter of the Village of Carthage 1869," as amended.

§ 1-5 Effect on previously adopted legislation; amendments.

A. 
In compiling and preparing the local laws, ordinances and certain resolutions of the Village for publication as the Code of the Village of Carthage, as distributed and designated in the table in § 1-1B hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided below.[1]
[1]
Editor's Note: Pursuant to § 1-5A, the following sections of the Code were amended or added: §§ 31-6, 35-2, 35-9, 40-1A, 40-3, 40-9, 40-10, 54-2, 54-4, 63-3, 63-7, 69-2, 69-6, 84-1, 89-2C and D, 89-9, 110-2B, 110-6, 110-7, 110-30, 110-32B, 115-6, 120-1, 120-4, 129-19, 129-25A, 140-3A and 140-4B. A complete description of the changes made is on file in the office of the Village Clerk.

§ 1-6 Filing of copies of Code.

A copy of the Code of the Village of Carthage, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Carthage and shall remain there for the use of and examination by the public until final action is taken on this local law; and if this local law shall be adopted, such copies shall be certified to by the Village Clerk of the Village of Carthage, and such certified copies shall remain on file in the office of said Village Clerk, to be made available to persons desiring to examine same during all times while said Code is in effect.

§ 1-7 Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Code of the Village of Carthage," or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Board of Trustees to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code of the Village of Carthage shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the Village of Carthage are enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Board of Trustees deems desirable.

§ 1-8 Code book to be kept up-to-date.

It shall be the duty of the Village Clerk, or someone authorized and directed by the Village Clerk, to keep up-to-date the certified copies of the book containing the Code of the Village of Carthage required to be filed in the office of the Village Clerk for the use of the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Board of Trustees subsequent to the enactment of this local law, in such form as to indicate the intention of said Board of Trustees to be a part of said Code, shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or local laws or resolutions until such changes or local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-9 Sale of Code book; supplementation.

Copies of the Code book containing the Code of the Village of Carthage may be purchased from the Village Clerk upon the payment of a fee to be set by resolution of the Board of Trustees, which may also arrange by resolution for procedures for the periodic supplementation thereof.

§ 1-10 Publication; filing.

The Village Clerk of the Village of Carthage, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this local law in the official newspaper of the Village. A copy of the Code of the Village of Carthage shall be maintained in the office of the Village Clerk for inspection by the public at all times during regular office hours. The enactment and application of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-11 Tampering with Code; penalties.

Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Carthage, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village to be misrepresented thereby, or who violates any other provision of this local law shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

§ 1-12 Severability.

If any clause, sentence, paragraph, section, article or part of this local law, or of any local law, ordinance or resolution cited in the table in § 1-1B hereof, or of any local law, ordinance or resolution incorporated into the Code hereafter, 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 clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 1-13 Incorporation of provisions into Code.

The provisions of this local law are hereby made Chapter 1, Article 1, of the Code of the Village of Carthage, to be entitled "Chapter 1, General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-14, inclusive.

§ 1-14 When effective.

This local law shall take effect as provided by law upon filing with the Secretary of State of New York.