[HISTORY: Adopted by the Board of Trustees
of the Village of Massapequa Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-7-1991 by L.L. No. 1-1991]
In accordance with Subdivision 3 of § 20
of the Municipal Home Rule Law, the local laws, ordinances and certain
resolutions of the Village of Massapequa Park shall be known collectively
as the "Code of the Village of Massapequa Park," hereafter termed
the "Code." Wherever reference is made in any of the local laws, ordinances
and resolutions contained in the "Code of the Village of Massapequa
Park" to any other local law, ordinance or resolution appearing in
said Code, such reference shall be changed to the appropriate chapter
title, chapter number, article number or section number appearing
below, as if such local law, ordinance or resolution had been formally
amended to so read.
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, 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 Massapequa Park, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
All local laws and ordinances of a general and
permanent nature of the Village of Massapequa Park in force on the
date of the adoption of this local law and not contained in such Code
or recognized and continued in force by reference therein are hereby
repealed from and after the effective date of this local law.
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, 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 Massapequa Park
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 Massapequa Park, 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 Massapequa Park.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Massapequa Park.
E. Any local law or ordinance of the Village of Massapequa
Park 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 Massapequa Park or
any portion thereof.
F. Any local law or ordinance of the Village of Massapequa
Park 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 Massapequa Park or other instruments or evidence
of the village's indebtedness.
G. Local laws or ordinances authorizing the purchase,
sale, lease or transfer of property, or any lawful contract or obligation.
H. The levy or imposition of special assessments or charges.
I. The dedication of property.
J. Any legislation relating to salaries.
K. Any local law or ordinance amending the Zoning Map.
L. All legislation regulating traffic.
M. Any legislation adopted subsequent to November 13,
1989.
If any clause, sentence, paragraph, section,
article or part of this local law or of any local law, ordinance or
resolution included in this Code now or through supplementation 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.
A copy of the Code, in loose-leaf form, has
been filed in the office of the Village Administrator of the Village
of Massapequa Park and shall remain there for use and examination
by the public until final action is taken on this local law; and,
if this local law shall be adopted, such copy shall be certified to
by the Village Administrator of the Village of Massapequa Park by
impressing thereon the Seal of the Village of Massapequa Park, and
such certified copy shall remain on file in the office of said Village
Administrator to be made available to persons desiring to examine
the same during all times while the 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, ordinances and resolutions
known collectively as the "Code of the Village of Massapequa Park,"
or any new local laws 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 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 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 Administrator
to keep up-to-date the certified copy of the book containing the Code
of the Village of Massapequa Park required to be filed in the office
of the Village Administrator for use by the public. All changes in
said Code and all local laws 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, local laws or resolutions
until such changes, local laws or resolutions are printed as supplements
to said Code book, at which time such supplements shall be inserted
therein.
Copies of the Code may be purchased from the
Village Administrator of the Village of Massapequa Park upon the payment
of a fee to be set by resolution of the Board of Trustees, which Board
may also arrange by resolution for procedures for the periodic supplementation
thereof.
[Amended 11-22-1993 by L.L. No. 14-1993]
Any person who, without authorization from the
Village Administrator, changes or amends, by additions or deletions,
any part or portion of the Code of the Village of Massapequa Park
or who alters or tampers with such Code in any manner whatsoever which
will cause the legislation of the Village of Massapequa Park to be
misrepresented thereby or who violates any other provisions of this
local law shall be guilty of an offense and shall, upon conviction
thereof, be subject to a fine or imprisonment for a term of not more
than fifteen (15) days, or both.
A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Massapequa Park, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection
B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of Trustees that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions 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 local laws, ordinances and resolutions as they have been renumbered
and appear in the Code.)
C. Fees. The following sections are hereby amended to delete the specific fees and add the provision that fees shall be as provided for in Chapter
A350, Fees.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Massapequa Park, such local law to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-1 to
1-14, inclusive.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
[Adopted 10-6-2008 by L.L. No. 7-2008]
A. Penalties.
(1) Whenever in this Code or in any local law of the Village
any act is prohibited or is made or declared to be unlawful or an
offense or a violation or whenever in this Code or any local law the
doing of any act is required or the failure to do any act is declared
to be unlawful, an offense or a violation, and where no specific penalty
is provided therefor, the person, firm or corporation who or which
violates the same shall be subject to punishment as follows:
(a)
First offense: by a fine not less than $250,
not to exceed $2,000, or by imprisonment not exceeding 15 days, or
both.
(b)
For a second offense within three months after
a first offense: by a fine not less than $500, not to exceed $3,000,
or by imprisonment not exceeding 15 days, or both.
(c)
For a third offense within three months of a
second offense, which took place within three months of the first
offense: by a fine not less than $1000, not to exceed $5,000, or by
imprisonment not exceeding 15 days, or both.
(2) The minimum fine to be imposed for any conviction
shall be $250.
B. Continuing violations. Each day that any such unlawful
act, offense or violation shall continue or exist shall constitute
a separate and independently punishable offense.
C. Public nuisance. In addition to the penalty hereinabove
provided, any condition caused or permitted to exist in violation
of any of the provisions of this Code or any such ordinance or resolution
shall be deemed a public nuisance and may be abated by the Village
as provided by law.
D. Penalties not exclusive. No penalty specified in this
article shall be the exclusive penalty or remedy to address any offense
or violation of the Village Code and/or any local law. Each penalty
herein shall be in addition to and not in substitution for or limitation
of other penalties and/or remedies specified in the Village Code and/or
local laws and/or any other applicable law. Any alternative remedy
or penalty may be sought simultaneously with any other penalty or
remedy permitted by law. The Board of Trustees may enforce obedience
of its laws by injunction or institute any appropriate action or proceeding
to prevent any unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance, use or division of property, to restrain,
correct or abate such violation to prevent the occupancy of a building,
structure or land or to prevent any illegal act, conduct, business,
or use in or about the Village.
E. Conflict. In the event that the penalty provisions
of this article are in conflict with the penalty or remedial provisions
of other portions of the Village Code, local laws or other applicable
law, the penalty which is most severe shall control and be levied.
In all cases where the same offense or violation may be punishable
pursuant to more than one provision, clause or section of the Village
Code and/or local laws of the Village, the prosecuting officer shall
have the discretion under which to proceed.
Obedience to the provisions herein may be enforced
either by criminal information for the penalties herein prescribed
as well as by prosecution of the offender, or by civil action for
a penalty, or by civil remedy at law or in equity by way of injunction
or otherwise to abate or prevent a violation of the provisions of
this Code or any local law. Neither a judgment in nor the pendency
of a criminal prosecution for an alleged violation of the provisions
of this Code nor a judgment in or the pendency of a civil action at
law or in equity shall be a bar to any other form of proceeding. The
imposition of a penalty for a violation of this Code shall not excuse
the violation or permit the violation to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate
a violation shall be cumulative.
Any person or entity who or which causes, permits,
suffers or allows any other person or entity to perform an act or
refrain from the performance of any act which is a violation and/or
offense of the Code and/or local laws shall be subject to the penalties
outlined in this article as if such person and/or entity committed
the offense and/or violation. The owner, agent, landlord or tenant
of any building, structure, premises or land, or any part thereof,
in or on which any violations of any provision of this Code shall
have been committed or shall exist and any agent, builder, contractor,
corporation or any other person who commits, assists or was employed
in connection with such violation or who maintains any building, structure,
premises or land in or on which such violation shall exist shall be
deemed to have notice of such violation, shall be guilty of a separate
offense and for the offense committed and shall be punishable as provided
herein.
The failure of any officer or employee of the
Village to perform an official act imposed by this Code shall not
be an offense, and shall not subject such officer or employee to the
penalty imposed for the violation of any provision of this Code, unless
a penalty is specifically provided therefor.
Wherever any officer of the Village is granted
certain powers or duties or is designated as the enforcement officer
of a specific chapter or portion thereof, such shall also be construed
to include the deputies, assistants and representatives of such officer
as may be designated, delegated or authorized by the Board of Trustees
to exercise such powers or duties. While acting within the scope of
their employment, it shall be presumed that all acts performed by
such deputies, assistants and representatives were duly delegated
and authorized.
If any provision of the Village Code is inconsistent
with any provision of the New York State Village Law, pursuant to
the authority contained in Subdivision 1, Paragraph (e), Subparagraph
[3] of § 10 of the Municipal Home Rule Law, the laws of
the Incorporated Village of Massapequa Park shall supersede the New
York State Village Law and New York State Village Law is hereby modified
and superseded in its application but only to the extent that the
New York State Village Law is inconsistent with any provision of the
Code of the Incorporated Village of Massapequa Park.
The provisions of this Code shall be liberally
construed in order to effectuate the purposes for which this Code
and the laws contained herein are enacted.