[Adopted 7-6-2009 by L.L. No. 9-2009[1]]
[1]
Editor's Note: This local law also superseded former Art.
I, Adoption of Code, adopted 11-6-2000 by L.L. No. 3-2000.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws of the Village of Flower Hill, consisting of Chapters 1 through 247, shall be known collectively as the "Code of the Village of Flower Hill," hereafter termed the "Code." Wherever reference is made in any of the local laws contained in the "Code of the Village of Flower Hill" to any other local law appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law had been formally amended so to read.
The provisions of the Code, as annexed hereto, are intended as a continuation and recodification of the existing Code, and not as new enactments. All such provisions are hereby continued and recodified in full force and effect and are hereby reaffirmed as to their adoption by the Board of Trustees of the Village of Flower Hill, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provision of § 1-3 below.
All local laws of a general and permanent nature of the Village
of Flower Hill in force on the date of the adoption of this local
law and not contained herein or recognized and continued in force
by reference herein, including both the 1976 and 1999 Code, are hereby
repealed from and after the effective date of this local law.
The repeal of Code provisions referred to in § 1-3 of this local law shall not affect any rights, liabilities, or obligations created pursuant to the provisions of any repealed or non-contained local laws, which rights, liabilities, and obligations are hereby expressly saved from repeal:
A.
Any
right or liability established, accrued or incurred under any legislative
provision of the Village of Flower Hill prior to the effective date
of this local law, or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any
offense or act committed or done before the effective date of this
local law in violation of any legislative provision of the Village
of Flower Hill or any penalty, punishment or forfeiture which may
result therefrom.
C.
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
of Flower Hill.
D.
Any
agreement entered into or any franchise, license, right, easement,
or privilege heretofore granted or conferred by the Village of Flower
Hill.
E.
Any
local law of the Village of Flower Hill 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 of Flower Hill or any portion thereof.
F.
Any
local law of the Village of Flower Hill appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the Village of Flower Hill,
or other instruments or evidence or any indebtedness of the Village.
G.
Local
laws authorizing the purchase, sale, lease or transfer of property,
or any lawful contract, agreement or obligation.
H.
The
levy or imposition of special assessments or charges.
I.
The
annexation or dedication of property.
J.
Any
local law relating to salaries and compensation.
K.
Any
local law amending the Zoning Map.
L.
Any
local law relating to or establishing a pension plan or pension fund
for municipal employees.
M.
Any
local law or resolution or portion of such local law or resolution
establishing a specific fee amount for any license, permit, or service
obtained from the Village.
A copy of the Code, in loose-leaf form, has been filed in the
office of the Village Clerk of the Village of Flower Hill and shall
remain there for use and examination by the public until final action
is taken on this local law, and, in the event that this local law
is adopted, a copy of such adopted Code, certified by the Village
Clerk of the Village of Flower Hill, and bearing the Seal of the Village
of Flower Hill, shall remain on file in the office of said Village
Clerk to be made available to persons desiring to examine the same
during all times while said Code is in effect. The enactment and publication
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 and all additions, deletions, amendments or supplements
to any of the local laws known collectively as the "Code of the Village
of Flower Hill" or any new local laws, 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 shall be understood and intended to
include such additions, deletions, amendments or supplements. Whenever
such additions, deletions, amendments or supplements to the Code shall
be enacted or adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the book containing said Code as amendments
and supplements thereto. Nothing contained in this local law shall
affect the status of any local law contained herein, and such local
laws 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 to keep up-to-date
the certified copy of the book containing the Code of the Village
of Flower Hill required to be filed in the office of the Village Clerk
for use by the public. All changes in said Code and all local laws
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
to be a part of said Code shall, when finally enacted or adopted,
be included therein by temporary attachment of copies of such changes,
local laws until such changes, local laws are printed as supplements
to said Code book, at which time such supplements shall be inserted
therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Village Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set by resolution of the Board of
Trustees. The Clerk may also arrange for procedures for the periodic
supplementation of the Code.
Any person who, without authorization from the Village Clerk,
shall change or amend, by addition or deletion, any part or portion
of the Code of the Village of Flower Hill or who shall alter or tamper
with such Code in any manner whatsoever which will cause the legislation
of the Village of Flower Hill to be misrepresented thereby, or who
violates any other provision of this local law shall be guilty of
an offense and shall, upon conviction thereof, be subject to a fine
of not more than $250 or imprisonment for a term of not more than
15 days, or both.
If any word, clause, sentence, paragraph, section or part of
this local law shall be adjudged to be invalid, it shall not affect,
impair or invalidate the remainder thereof, but shall be confined
in its operation to that portion directly involved in the controversy
in which such judgment was rendered.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York, and as provided by
the laws of the State of New York.
