Village of Manlius, NY Adoption of Code

It is the intent of this local law to establish a codification of ordinances, local laws and certain resolutions of the Village of Manlius for the purposes of increasing the effectiveness of village governmental administration, providing for greater public awareness of and access to village legislation and protecting the health, safety and welfare of village inhabitants. The local laws, ordinances and certain resolutions of the Village of Manlius referred to in § 1-2 of this local law shall be known collectively as the "Code of the Village of Manlius," and the various parts and sections of such local laws, ordinances and certain resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.

§ 1-2 Distribution of local laws and ordinances; derivation table.

The chapter, articles and sections of the Code of the Village of Manlius (hereinafter "Code") are derived from the ordinances, local laws and certain resolutions of the Village of Manlius as set forth below, and the ordinances, local laws and certain resolutions of said village are distributed and designated as indicated. Omitted sections pertain to repeal, severability or when effective provisions, which are covered by provisions of this local law or are ordinance or local law title sections which are not necessary in a codification having chapter and/or article titles for the various ordinances and local laws included therein. Deleted sections pertain to provisions not desired for codification due to supersession or conflict with state or local laws, or because these provisions, by their nature, are no longer effective.

New Number (chapter, title article, section)	Old Number (source)	Adoption or Amendment Date
Chapter 1, General Provisions	This local law
Article I	Article I
§§ 1-1 through 1-15	§§ 1-1 through 1-15
Article II	Article II
§§ 1-16 through 1-18	§§ 1-16 through 1-18
Article III	Article III
§ 1-19	§ 1-19
Article IV	Article IV
§§ 1-20 through 1-25	§§ 1-20 through 1-25
Chapter 6, Ethics, Code of	§ 1-20 of this local law
Article I	Article I
§§ 6-1 and 6-2	§§ 6-1 and 6-2
Article II	Article II
§§ 6-3 through 6-6	§§ 6-3 through 6-6
Article III	Article III
§§ 6-7 and 6-8	§§ 6-7 and 6-8
Chapter 10, Indemnification of Officers and Employees	L.L. No. 2-1981	3-24-1981
§§ 10-1 through 10-9 Omitted	Sections 1 through 9 Sections 10 and 11
Chapter 17, Parks and Recreation, Board of	§ 1-21 of this local law
§§ 17-1 through 17-5	§§ 17-1 through 17-5
Chapter 19, Police Department	Resolution	6-14-1966
§ 19-1	First paragraph
§ 19-2		Added at time of adoption of Code
§ 19-3	Second paragraph	Amended at time of adoption of Code
Omitted	Third paragraph
§ 19-4	Fourth paragraph
Chapter 22, Records, Public Access to	Resolution	10-8-1974
§ 22-1	§ 1
§ 22-2	§ 2	Amended at time of adoption of Code
§§ 22-3 through 22-5	§§ 3 through 5
§§ 22-6 and 22-7 § 22-8 and 22-9 Omitted	§§ 6 and 7 §§ 8 and 9 § 10	Amended at time of adoption of Code
Chapter 26, Traffic Violations Bureau	Ordinance	2-27-1962
§§ 26-1 through 26-3	Sections 1 through 3	Amended at time of adoption of Code
§ 26-4A, B and C	Section 4(a), (b) and (c)
§ 26-4D, E and F	Section 4(d), (e) and (f)	Amended at time of adoption of Code
	Section 6	Deleted at time of adoption of Code
Chapter 34, Alcoholic Beverages	L.L. No. 1-1981	3-10-1981
§§ 34-1 through 34-4	Sections 1 through 4
Omitted	Sections 5 and 6
Chapter 36, Blasting	L.L. No. 4-1976	7-27-1976
§§ 36-1 through 36-5	Sections 1 through b
§ 36-6	Section 6	Amended at time of adoption of Code
§§ 36-7 through 36-9	Sections 7 through 9
§ 36-10	Section 10	Amended at time of adoption of Code
Omitted	Sections 11 through 13
Chapter 38, Buildings
Article I	Ordinance	10-27-1959
§ 38-1	Section 1
§§ 38-2 and 38-3	Sections 2 and 3	Amended at time of adoption of Code
§ 38-4	Section 4
§ 38-5	Section 5	Amended at time of adoption of Code
Article II	Ordinance	10-27-1959
§§ 38-6 and 38-7	Sections 1 and 2
§§ 38-8 and 38-9	Sections 3 and 4	Amended at time of adoption of Code
Chapter 42, Business Control	Ordinance	10-27-1959
§ 42-1A through D	Section 1(a) through (d)
§ 42-1E	Section 1(e)	Amended at time of adoption of Code
§§ 42-2 and 42-3	Sections 2 and 3	Amended at time of adoption of Code
§ 42-4	Section 4
§ 42-5	Section 5	Amended at time of adoption of Code
§ 42-6	Section 6
§ 42-7	Section 7	Amended at time of adoption of Code
§§ 42-8 through 42-12	Sections 8 through 12
§ 42-13	Section 13	Amended at time of adoption of Code
Chapter 46, Dogs and Other Animals
Article I	L.L. No. 2-1977	5-10-1977
§ 46-1 through 46-12	Sections 1 through 12
§ 46-13	Section 13	Amended 12-12-1978 by L.L. No. 6-1978
Omitted	Sections 14 and 15
Article II	Ordinance	10-27-1959
§§ 46-14 and 46-15	Sections 1 and 2 Section 3	Deleted at time of adoption of Code
§ 46-16	Section 4	Amended at time of adoption of Code
Chapter 49, Environmental Quality Review	L.L. No. 2-1979	4-24-1979
§ 49-1 through 49-12	Sections 1 through 12
Omitted	Sections 13 and 14
Chapter 52, Fire Prevention	§ 1-22 of this local law
§§ 52-1 through 52-6	§§ 52-1 through 52-6
Chapter 55, Floodplains	L.L. No. 5-1978	9-26-1978
Article I	Section 1.0
§§ 55-1 through 55-4	Subsection 1.1 through 1.4
Article II	Section 2.0
§ 55-5	No former designation
Article III	Section 3.0
§§ 55-6 through 55-11	Subsections 3.1 through 3.6
Article IV	Section 4.0
§§ 55-12 through 55-15	Subsections 4.1 through 4.4
Article V	Section 5.0
§ 55-17A	Subsection 5.2-1
§ 55-17B	Subsection 5.2-2	Amended at time of adoption of Code
§ 55-17C	Subsection 5.2-3
§ 55-18	Subsection 5.3
Chapter 58, Games of Chance	L.L. No. 4-1978	3-14-1978
§§ 58-1 and 58-2	Sections 1 and 2
Omitted	Sections 3 and 4
Chapter 60, Garbage, Rubbish and Refuse	§ 1-23 of this local law
§§ 60-1 through 60-11	§§ 60-1 through 60-11
Chapter 72, Parks	§ 1-24 of this local law
§§ 72-1 through 72-4	§§ 72-1 through 72-4
Chapter 75, Peace and Good Order
Article I	Ordinance	10-27-1959
§ 75-1	Section 1
§ 75-2	Section 2	Amended 5-11-1965
§ 75-3	Section 3	Amended at time of adoption of Code
Article II	Ordinance	10-27-1959
§§ 75-4 through 75-6	Sections 1 through 3
	Section 4	Repealed 8-9-1971
§§ 75-7 through 75-11	Sections 5 through 9
§ 75-12	Section 10	Amended at time of adoption of Code
Chapter 80, Sewers and Sewage Disposal	Ordinance	7-27-1965
Article I	Article I
§ 80-1A	Sections 101 through 122 and 124 through 126	Amended at time of adoption of Code
§ 80-1B	Section 123
Article II	Article II
§§ 80-2 through 80-5	Sections 201 through 205
Article III	Article III
§ 80-6	Section 301	Amended at time of adoption of Code
§§ 80-7 and 80-8	Sections 302 and 303
Article IV	Article IV
§ 80-9	Section 401	Amended at time of adoption of Code
§ 80-10A	Section 402, first paragraph
§ 80-10B	Section 402, second paragraph	Amended at time of adoption of Code
§§ 80-11 through 80-13	Sections 403 through 405
Article V	Article V
§§ 80-14 through 80-16	Sections 501 through 503
§ 80-17	Section 504
	Section 505	Deleted at time of adoption of Code
§ 80-18	Section 506	Amended at time of adoption of Code
§ 80-19	Section 507
Article VI	Articles VI and VII
§ 80-20	Section 601
§ 80-21	Section 701
Article VII	Article IX
§ 80-22	Section 901	Amended at time of adoption of Code
§ 80-23	Section 902
Article VIII	Article X
§ 80-24	Section 1001	Amended at time of adoption of Code
Article IX	Article VIII
§ 80-25	Section 801
§ 80-26	Section 803
§ 80-27	Section 804
§ 80-28	Section 802	Amended at time of adoption of Code
Omitted	Articles XI and XII
Chapter 83, Smoke-Detection Devices	L.L. No. 3-1981	3-24-1981
§§ 83-1 through 83-8	Sections 1 through 8
§ 83-9	Section 9	Amended at time of adoption of Code
Omitted	Sections 10 and 11
Chapter 85, Street and Sidewalks
Article I	Ordinance	10-27-1959
§§ 85-1 through 85-4	Sections 1 through 4	Amended at time of adoption of Code
§ 85-5	Section 5
§ 85-6	Section 6	Amended at time of adoption of Code
§ 85-7	Section 7
§ 85-8	Section 8	Amended at time of adoption of Code
§§ 85-9 through 85-11	Sections 9 through 11
§ 85-12	Section 12 Section 13	Deleted at time of adoption of Code
Article II	Ordinance	10-27-1959
§ 85-13	Section 1	Amended at time of adoption of Code
§ 85-14	Section 2
§ 85-15	Section 3	Amended at time of adoption of Code
§ 85-16	Section 4
§ 85-77	Section 5	Amended at time of adoption of code
Article III	Ordinance	2-10-1976
§§ 85-18 and 85-19	Sections 1 and 2
§ 85-20A through G	Section 3A through G
§ 85-20H and I	Section 3H and I	Amended at time of adoption of Code
§§ 85-21 and 85-22	Sections 4 and 5
Chapter 89, Taxation
Article I	L.L. No. 1-1969	5-27-1969
§§ 89-1 through 89-14	§§ 1 through 14
Omitted	§§ 15 and 16
Article II	L.L. No. 3-1980	11-25-1980
§§ 89-15 and 89-16	Sections 1 and 2
Omitted	Sections 3 and 4
Article III	L.L. No. 5-1980	11-25-1980
§§ 89-17 through 89-22	Sections 1 through 6
Omitted	Sections 7 and 8
Chapter 91, Trailers	Ordinance	10-27-1959
Omitted	Section 1
§§ 91-1 and 91-2	Sections 2 and 3
§ 91-3	Section 4	Amended 7-26-1960
§ 91-4A and B	Section 5(a) and (b)
§ 91-4C and D	Section 5(c) and (d)	Amended 7-26-1960; at time of adoption of Code
§ 91-4E	Section 5(e)
§§ 91-5 and 91-6	Sections 6 and 7
§ 91-7	Section 8	Amended at time of adoption of Code
Omitted	Sections 9 and 10
Chapter 94, Vehicles and Traffic	§ 1-25 of this local law
Article I through VI
§§ 94-1 through 94-36	§§ 94-1 through 94-36
Chapter 99, Zoning	Ordinance	8-9-1971
Article I
Omitted	Section 1
§ 99-1	Section 2	Amended at time of adoption of Code
Article II
§ 99-2	Section 3	Amended 3-11-1980 by L.L. No. 1-1980
§ 99-3	Section 4
§ 99-4	Section 5A through E and G
	Section 5F	Deleted at time of adoption of Code
Article III
§§ 99-5 through 99-12	Sections 6 through 13
§ 99-13		Added 3-11-1980 by L.L. No. 1-1980
§ 99-14		Added 3-11-1980 by L.L. No. 1-1980; amended at time of adoption of Code
§§ 99-15 and 99-16	Sections 14 and 15	Amended 3-11-1980 by L.L. No. 3-1980
§ 99-17A	Section 16A	Amended 3-11-1980 by L.L. No. 3-1980
§ 99-17B	Section 16B
§§ 99-18 through 99-20	Sections 17 through 19
Article IV
§§ 99-2 1 through 99-23	Sections 20 through 22
§ 99-24	Section 23	Amended 10-25-1977 by L.L. No. 3-1977
§ 99-25A	Section 24A	Amended at time of adoption of Code
§ 99-25B	Section 24B
§ 99-25C	Section 24C	Amended 3-11-1980 by L.L. No. 1-1980
§ 99-25D	Section 24D
§ 99-25E	Section 24E	Amended at time of adoption of Code
§ 99-25F through J	Section 24F through J
§ 99-26	Section 25
Article V
§ 99-27	Section 26
§ 99-28A and B	Section 27A and B
§ 99-28C	Section 27C	Amended at time of adoption of Code
§ 99-28D and E	Section 27D and E
§ 99-28F	Section 27F	Amended at time of adoption of Code
§ 99-28G through I	Section 27G through I
§§ 99-29 through 99-33	Sections 28 through 32
§ 99-34A	Section 33A	Amended at time of adoption of Code
§ 99-34B and C	Section 33B and C
§§ 99-35 through 99-39	Sections 34 through 38
Omitted	Sections 39 through 41

§ 1-3 Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, as distributed and renumbered in § 1-2 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 Manlius, 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, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.

In compiling and preparing the local laws, ordinances and certain resolutions of the village for publication as the Code of the Village of Manlius, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.

§ 1-4 Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Village of Manlius, in force on the date of the adoption of this local law and not contained in the Code, as distributed and designated in the table in § 1-2 hereof, or recognized and continued in force by reference herein, are hereby repealed as of the effective date of this local law, except as hereinafter provided.

§ 1-5 Enactments saved from repeal; matters not affected.

The repeal of local laws and ordinances provided for in § 1-4 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:

Any right or liability established, accrued or incurred under any legislative provision of the Village of Manlius prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.

An offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Manlius or any penalty, punishment or forfeiture which may result therefrom.

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 Manlius.

Any franchise, license, permit, right, entitlement, easement or privilege heretofore granted or conferred by the Village of Manlius.

Any local law, ordinance or resolution of the Village of Manlius 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 Manlius or any portion thereof.

Any local law, ordinance or resolution of the Village of Manlius 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 Manlius or other instruments or evidence of the village's indebtedness.

Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property.

Any lawful contract or obligation.

The levy or imposition of special assessments or charges, or the establishment of any fee, charge or rate for a permit, license, application or service.

The dedication of property.

Any local law, ordinance or resolution pertaining to any water, sewer, fire, lighting or other special purpose district.

Any rules, regulations, standards or specifications referred to or authorized to be adopted by any local law or ordinance included in the Code; any resolutions accepting the applicability of the State Building Construction or Fire Prevention Codes, and bylaws relating to the organization and procedures of any village agency.

Any local law, ordinance or resolution pertaining to the appointment of village personnel or to the compensation, conditions of employment or benefits of village personnel or any other type of resolution of policy pertaining to personnel.

Any local law, ordinance or resolution relating to taxation or exemptions from taxation, whether partial or otherwise.

Any legislation establishing rules and regulations pertaining to vehicles and traffic.

Any resolution adopting a schedule of fees.

Any legislation establishing Police Department rules and regulations.

Any legislation adopted subsequent to 2-1-1980.

Any resolution establishing sewer rates and adopted 1-9-1979.

All legislation relating to subdivisions.

§ 1-6 Filing of copies of Code.

A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Manlius and shall remain there for use and examination by the public until final action is taken on this local law, and upon adoption of this local law, such copy shall be certified to by the Village Clerk, and such certified copy 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.

§ 1-7 Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and certain resolutions known collectively as the "Code of the Village of Manlius," or any new local law, ordinance or resolution of a general and permanent nature, 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 Manlius 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 loose-leaf book containing said Code, as amendments and supplements thereto. Nothing contained in this local law shall affect the status, as to manner of adoption, of any local law, ordinance or resolution contained in said Code and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Board of Trustees deems desirable in such manner as is provided by law generally for the amendment of local laws, ordinances and resolutions.

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

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 Manlius 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, 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 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, ordinances or resolutions until such change or local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplement shall be inserted therein.

§ 1-9 Sale of Code book; supplementation.

Copies of the Code may be purchased from the Village Clerk of the Village of Manlius 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 Manlius, 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 Manlius 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 Penalties for tampering with Code.

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 Manlius, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Manlius to be misrepresented thereby, or who commits an offense against any other provision of this local law, shall be punishable by a fine of not more than $250 or by imprisonment for not exceeding 15 days, or by both such fine and imprisonment.

§ 1-12 Changes in previously adopted legislation.

In compiling and preparing the legislation for adoption and revision as part of the Code pursuant to § 20 of the Municipal Home Rule Law, as amended, certain grammatical changes and other minor changes were made in one or more pieces of said legislation. It is the intention of the Board of Trustees of the Village of Manlius that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the legislation as it has been renumbered and appears in the Code.)[1]

[1]

Editor's Note: Pursuant to § 1-12B, the following sections were added or amended: §§ 19-2, 19-3, 22-2, 22-6, 22-7, 26-1, 26-2, 26-3, 26-4D and F, 36-6, 38-2, 38-8, 48-16, 55-17B, 80-1A, 80-6, 80-9, 80-10B, 80-17, 80-18, 80-22, 80-24, 85-1, 85-2, 85-3, 85-4, 85-8, 85-12, 85-13, 85-15, 85-20H and I, 99-1, 99-14B, 99-25A(3) and 99-28C and F. A complete description of each addition or amendment is on file in the office of the Village Clerk.

The following original sections were repealed: In Ch. 26, original Section 6 of an ordinance adopted 2-27-1962; in Ch. 46, original Section 3 of an ordinance adopted 10-27-1959; and in Ch. 80, original section 505 of an ordinance adopted 7-27-1965.

Penalties. In addition, the following amendments are made herewith by deleting specific penalty amounts and making reference that offenses shall be punishable as provided in Chapter 1, General Provisions, Article II.[2]

[2]

Editor's Note: Pursuant to § 1-12C, the following penalty sections were amended: §§ 36-10, 38-5, 38-9, 42-13, 75-3, 75-12, 80-28, 83-9, 85-17, 91-7 and 99-34A. A complete description of each addition or amendment is on file in the office of the Village Clerk.

Fees. In addition, the following amendments are made herewith by deleting specific fees and charges and all fees shall be set, from time to time, by resolution of the Village Board.[3]

[Amended 5-14-2019 by L.L. No. 1-2019]

[3]

Editor's Note: Pursuant to § 1-12D, the following fees sections were amended: §§ 38-3, 42-1E, 42-2, 42-3, 42-5, 42-7, 85-6, 91-4C and D and 99-25E. A complete description of each addition or amendment is on file in the office of the Village Clerk.

§ 1-13 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 of § 1-2 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.

§ 1-14 Incorporation of provisions into Code.

The provisions of this local law are hereby made Chapter 1 of the Code of the Village of Manlius, to be entitled "Chapter 1, General Provisions," and the sections of this local law shall be numbered §§ 1-1 through 1-25.

§ 1-15 When effective.

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