[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]
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.
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 Only such provisions of former local laws, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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.
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and in force on the date of the adoption of this local law and not cited in the table in § 1-1B hereof are hereby repealed as of the effective date of this local law, except as hereinafter provided.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This local law shall take effect as provided by law upon filing with
the Secretary of State of New York.
