[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 2-15-2017 by L.L. No 1-2017]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Spencerport, as codified by General Code, and consisting of Chapters 1 through 340, together with an Appendix, shall be known collectively as the "Code of the Village of Spencerport," 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 Spencerport" 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 in the Code 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 the 1988 Code (published 1985) and the 2011 Code (published 2010 and which adopted a renumbering of said 1988 Code) and the 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 Spencerport, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
Repeal of inconsistent enactments. Except as provided in § 1-4, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-13; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Spencerport which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
Repeal of specific enactments. The Board of Trustees of the Village of Spencerport has determined that the following local laws and/or ordinances are no longer in effect and hereby specifically repeals the following legislation:
Chapter 5, Administrator, adopted March 1, 2000, by L.L. No. 1-2000, of the 2011 Code (Chapter 2 of the 1988 Code).
Chapter 175, Housing Standards, adopted May 20, 1969, of the 2011 Code (Chapter 75 of the 1988 Code), as amended July 7, 1987, by L.L. Nos. 7- and 8-1987, and February 2, 1988, by L.L. No. 1-1988.
Chapter 239, Records and Meetings, adopted May 3, 1983, of the 2011 Code (Chapter 64 of the 1988 Code), as amended December 1, 1987, and May 7, 2014, by L.L. No. 3-2014..
Chapter 244, Refrigeration Devices, adopted October 4, 1955, of the 2011 Code (Chapter 97 of the 1988 Code), as amended February 2, 1988, by L.L. No. 1-1988.
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:
Any right or liability established, accrued or incurred under any legislative provision of the Village of Spencerport prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
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 Spencerport 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 Spencerport.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Spencerport.
Any local law or ordinance of the Village of Spencerport 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 Spencerport or any portion thereof.
Any local law or ordinance of the Village of Spencerport 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 Spencerport or other instruments or evidence of the Village's indebtedness.
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any local law or ordinance relating to salaries and compensation.
Any local law or ordinance amending the Zoning Map.
Any local law or ordinance relating to or establishing a pension plan or pension fund for Village employees.
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Village.
The land development regulations adopted April 16, 2008 by L.L. No. 5-2008, as amended, and/or as superseded, and as currently in effect, on file in the Village offices.
Any items specifically saved from repeal by and/or intended to still be in effect by L.L. No. 1-1988, adopted on February 2, 1988 (which local law adopted the 1988 Code) as intended to be in effect and as in effect.
Any local law or ordinance adopted subsequent to July 1, 2015.
If any clause, sentence, paragraph, section, article, chapter 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, chapter 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 Clerk of the Village of Spencerport 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 by the Village Clerk of the Village of Spencerport by impressing thereon the Seal of the Village of Spencerport, 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. 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 Spencerport" or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the Village 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 Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Spencerport 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 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, 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, 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 alters or tampers with the Code of the Village of Spencerport in any manner whatsoever which will cause the legislation of the Village of Spencerport 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.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Spencerport, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B and C 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.
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof 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.)
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections that were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history:[Amended (added, deleted) 2-15-2017 by L.L. No. 1-2017]. Schedule A, which contains a complete description of all changes, is on file in the Village offices.
Throughout the Code, the following outdated terms are updated as follows:
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.