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.
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
| |
Article II
|
Article II
| |
Article III
|
Article III
| |
§ 1-19
|
§ 1-19
| |
Article IV
|
Article IV
| |
Chapter 6, Ethics, Code of
|
§ 1-20 of this local law
| |
Article I
|
Article I
| |
Article II
|
Article II
| |
Article III
|
Article III
| |
Chapter 10, Indemnification of Officers and Employees
|
L.L. No. 2-1981
|
3-24-1981
|
Sections 1 through 9 Sections 10 and 11
| ||
Chapter 17, Parks and Recreation, Board of
|
§ 1-21 of this local law
| |
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
|
§§ 3 through 5
| ||
§§ 6 and 7 §§ 8
and 9 § 10
|
Amended at time of adoption of Code
| |
Chapter 26, Traffic Violations Bureau
|
Ordinance
|
2-27-1962
|
Sections 1 through 3
|
Amended at time of adoption of Code
| |
Section 4(a), (b) and (c)
| ||
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
|
Sections 1 through 4
| ||
Omitted
|
Sections 5 and 6
| |
Chapter 36, Blasting
|
L.L. No. 4-1976
|
7-27-1976
|
Sections 1 through b
| ||
§ 36-6
|
Section 6
|
Amended at time of adoption of Code
|
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
| |
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
|
Sections 1 and 2
| ||
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
|
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
|
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
|
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
|
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
|
Sections 1 through 12
| ||
Omitted
|
Sections 13 and 14
| |
Chapter 52, Fire Prevention
|
§ 1-22 of this local law
| |
Chapter 55, Floodplains
|
L.L. No. 5-1978
|
9-26-1978
|
Article I
|
Section 1.0
| |
Subsection 1.1 through 1.4
| ||
Article II
|
Section 2.0
| |
§ 55-5
|
No former designation
| |
Article III
|
Section 3.0
| |
Subsections 3.1 through 3.6
| ||
Article IV
|
Section 4.0
| |
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
|
Sections 1 and 2
| ||
Omitted
|
Sections 3 and 4
| |
Chapter 60, Garbage, Rubbish and Refuse
|
§ 1-23 of this local law
| |
Chapter 72, Parks
|
§ 1-24 of this local law
| |
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
|
Sections 1 through 3
| ||
Section 4
|
Repealed 8-9-1971
| |
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
| |
Sections 201 through 205
| ||
Article III
|
Article III
| |
§ 80-6
|
Section 301
|
Amended at time of adoption of Code
|
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
|
Sections 403 through 405
| ||
Article V
|
Article V
| |
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
|
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
|
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
|
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
|
Sections 1 and 2
| ||
Section 3A through G
| ||
Section 3H and I
|
Amended at time of adoption of Code
| |
Sections 4 and 5
| ||
Chapter 89, Taxation
| ||
Article I
|
L.L. No. 1-1969
|
5-27-1969
|
§§ 1 through 14
| ||
Omitted
|
§§ 15 and 16
| |
Article II
|
L.L. No. 3-1980
|
11-25-1980
|
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
| |
Sections 2 and 3
| ||
§ 91-3
|
Section 4
|
Amended 7-26-1960
|
Section 5(a) and (b)
| ||
Section 5(c) and (d)
|
Amended 7-26-1960; at time of adoption of Code
| |
§ 91-4E
|
Section 5(e)
| |
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
| ||
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
| ||
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
| |
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
| |
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
|
Section 24F through J
| ||
§ 99-26
|
Section 25
| |
Article V
| ||
§ 99-27
|
Section 26
| |
Section 27A and B
| ||
§ 99-28C
|
Section 27C
|
Amended at time of adoption of Code
|
Section 27D and E
| ||
§ 99-28F
|
Section 27F
|
Amended at time of adoption of Code
|
Section 27G through I
| ||
Sections 28 through 32
| ||
§ 99-34A
|
Section 33A
|
Amended at time of adoption of Code
|
Section 33B and C
| ||
Sections 34 through 38
| ||
Omitted
|
Sections 39 through 41
|
A.
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.
B.
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.
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.
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:
A.
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.
B.
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.
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 Manlius.
D.
Any franchise, license, permit, right, entitlement,
easement or privilege heretofore granted or conferred by the Village
of Manlius.
E.
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.
F.
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.
G.
Local laws, ordinances or resolutions authorizing
the purchase, sale, lease or transfer of property.
H.
Any lawful contract or obligation.
I.
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.
J.
The dedication of property.
K.
Any local law, ordinance or resolution pertaining
to any water, sewer, fire, lighting or other special purpose district.
L.
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.
M.
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.
N.
Any local law, ordinance or resolution relating to
taxation or exemptions from taxation, whether partial or otherwise.
O.
Any legislation establishing rules and regulations
pertaining to vehicles and traffic.
P.
Any resolution adopting a schedule of fees.
Q.
Any legislation establishing Police Department rules
and regulations.
R.
Any legislation adopted subsequent to 2-1-1980.
S.
Any resolution establishing sewer rates and adopted
1-9-1979.
T.
All legislation relating to subdivisions.
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.
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.
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
This local law shall take effect as provided
by law upon filing with the Secretary of the State of New York.