[Adopted 11-21-2014 by L.L. No. 2-2014]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and certain resolutions of the Village of West Hampton Dunes, as codified by General Code, and consisting of Chapters
1 through
560, together with an Appendix, shall be known collectively as the "Code of the Village of West Hampton Dunes," hereafter termed the "Code." Wherever reference is made in any of the local laws and resolutions contained in the "Code of the Village of West Hampton Dunes" to any other local law 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 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 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 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 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 West Hampton Dunes, 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 Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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, or parts of such local laws, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in §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 West Hampton Dunes which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of local laws provided for in §
1-3 of this local law shall not affect the following classes of local laws, 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 West Hampton Dunes 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 West Hampton Dunes 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
West Hampton Dunes.
D. Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of West
Hampton Dunes.
E. Any
local law of the Village of West Hampton Dunes 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 West Hampton Dunes or any portion thereof.
F. Any
local law of the Village of West Hampton Dunes 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 West Hampton Dunes or other instruments or evidence of the Village's
indebtedness.
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 Village employees.
M. Any
local law or portion of a local law establishing a specific fee amount
for any license, permit or service obtained from the Village.
N. Any
local law adopted subsequent to February 11, 2014.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law 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 West Hampton Dunes 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 West Hampton Dunes by impressing thereon the Seal of the
Village of West Hampton Dunes, 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 and resolutions known collectively as the
"Code of the Village of West Hampton Dunes" 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
or resolution contained herein, and such local laws 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 West Hampton Dunes 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 West Hampton Dunes in any manner whatsoever which will cause the
legislation of the Village of West Hampton Dunes 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of West Hampton Dunes, 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
1-13, inclusive.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.