Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 144.
 — See Ch. .
[Adopted 10-14-1974 by L.L. No. 4-1974 (Ch. 14 of the 1976 Code)]

§ 257-1 Authorization.

The Village Board of Trustees of the Village of Lancaster shall be authorized from time to time to promulgate and publish such rules and regulations as it deems necessary to facilitate compliance with Article 6 of the Public Officials Law, which said article is commonly known as the "Freedom of Information Law."

§ 257-2 Available records.

The Village Board of Trustees of the Village of Lancaster hereby designates, pursuant to the above-mentioned rules and regulations, that the following records shall be available for public inspection and copy, which records shall include the following information and any additional records which the Village Board may designate from time to time:
A. 
Police Department records such as daily reports, arrests, accidents, complaints, police blotter and booking records and miscellaneous reports to the extent that said records are not determined by the Police Department of the Village of Lancaster to be of a confidential nature.
B. 
Final opinions, including concurring and dissenting opinions, as well as orders rendered by the Justice Court, the Assessor, the Planning Commission, the Board of Zoning Appeals, the Building Inspector and/or Plumbing Inspector of the Village of Lancaster.
C. 
Any statements of policy and interpretation which have been adopted by the Assessor, the Planning Commission, the Zoning Board of Appeals, the Clerk-Treasurer, the Building Inspector or the Plumbing Inspector of the Department of Public Works of the Village of Lancaster.
D. 
The minutes of any meetings held by the Village Board of Trustees, the Assessor, the Planning Commission, the Board of Zoning Appeals, the Building Inspector or the Plumbing Inspector of the Village of Lancaster.
E. 
Statistical or factual tabulations made by or for the Village of Lancaster or any of its departments by the Department of Audit and Control of the State of New York or any other auditors.
F. 
Fire records as they may pertain to or be of interest to any member of the public.
G. 
Statistics and/or information pertaining to birth and death certificates and copies thereof.
H. 
Tax rolls, bills, water bills, assessments, budgets, payrolls, information pertaining to Village bonded indebtedness, Village ordinances and accounts payable and receivable of the Village of Lancaster.

§ 257-3 Location of records.

The above-mentioned records, documents and information pertaining to the Village of Lancaster may presently be found in the following locations:
A. 
Police Department records are in the custody of the Chief of Police or Detective Lieutenant in the Municipal Building, 5423 Broadway, Lancaster, New York.
B. 
Fire Department records are in the custody of the Fire Chief, Municipal Building, 5423 Broadway, Lancaster, New York.
C. 
Vital statistics, birth and death certificates are on file in the office of the Village Registrar located at 15 Legion Parkway, Lancaster, New York. Microfilm copies of all said information may be found in the Village Clerk's office.
D. 
Health records are on file in the office of the Village Health Officer, 5532 Broadway, Lancaster, New York.
E. 
Legal documents, actions pending for and against the Village of Lancaster, contracts, deeds and other miscellaneous legal documents are on file in the office of the Village Attorney, Municipal Building, 5423 Broadway, Lancaster, New York.
F. 
Decisions and opinions issued by the Village Justice and Acting Village Justice of the Village of Lancaster are on file in the office of the Village Justice, Municipal Building, 5423 Broadway, Lancaster, New York.
G. 
Tax information, tax rolls, exemptions, property transfers, grievances and disposition of the same are on file in the office of the Clerk-Treasurer, Municipal Building, 5423 Broadway, Lancaster, New York.
[Amended 10-30-1989 by L.L. No. 5-1989]
H. 
Planning Commission information, Zoning Maps, records of recommendations to the Village Board of Trustees and other miscellaneous information pertaining to the Village of Lancaster Planning Commission are on file in the office of the Chairman of the Planning Commission, Department of Public Works, 5200 Broadway, Lancaster, New York.
I. 
Zoning appeals decisions of the Zoning Board of Appeals in regard to variances requested are on file in the office of the Chairman of the Zoning Board of Appeals, Department of Public Works Building, 5200 Broadway, Lancaster, New York.
J. 
Other miscellaneous documents, bills and assessments, tax rolls, water bill assessments, budget records, minutes (the minutes of the Board of Trustees of the Village of Lancaster), Zoning Board of Appeals decisions, ordinances and local laws are on file with the Village Clerk-Treasurer of the Village of Lancaster, Municipal Building, 5423 Broadway, Lancaster, New York.
K. 
Building and plumbing permits are on file with the Building Inspector and Plumbing Inspector respectively, in the Department of Public Works Building, 5200 Broadway, Lancaster, New York.
L. 
Engineering diagrams and maps are on file in the office of the Superintendent of the Department of Public Works, 5200 Broadway, Lancaster, New York.

§ 257-4 Personnel in charge of records.

The Village Clerk-Treasurer of the Village of Lancaster shall be in charge of all records and documents presently belonging to the Village of Lancaster and may from time to time arrange for the acquisition of copies of said documents from the chairmen or department heads who are responsible for the custody and daily use of said documents.

§ 257-5 Procedure for procuring documents.

A. 
Request for copy; time limit for response.
[Amended 6-25-1979 by L.L. No. 5-1979]
(1) 
Any individual desiring to obtain a copy of any document or record belonging to the Village of Lancaster shall make written request for said document or record specifically identifying the document or record which he wishes to procure from the Village Clerk-Treasurer of the Village of Lancaster between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding any recognized legal holidays.
[Amended 11-17-2008 by L.L. No. 7-2008]
(2) 
The Village Clerk-Treasurer shall respond to the written request for a record which is reasonably described within five business days of the receipt of such record by making the record available to the person requesting it or shall deny such request in writing.
(3) 
If for any reason more than five business days are required to produce the records, the Village Clerk-Treasurer shall acknowledge receipt of the request within five business days and include an estimate of the date that the request will be granted or denied.
B. 
The individual requiring the information in question will then, where practicable, be referred to the appropriate Chairman or department head who has custody of the records which the individual wishes to examine.
C. 
If, however, the individual desires copies of certain records, he shall so advise the Village Clerk-Treasurer, who shall provide a copy of such record and upon request certify that the copy is correct, or upon failure to locate the records certify that he does not have possession of such records or that the records cannot be found after a diligent search.
[Amended 6-25-1979 by L.L. No. 5-1979]
D. 
The above-mentioned photo copies or reproductions of any records presently owned by the Village of Lancaster shall be rendered to individuals requesting same upon payment in advance of the fee set forth below within a reasonable period of time after requesting said information from the Village Clerk-Treasurer of the Village of Lancaster.
E. 
Appeals from denial.
[Added 6-25-1979 by L.L. No. 5-1979]
(1) 
Any person denied access to a record may, within 30 days, appeal in writing such denial to the head, chief executive or governing body of the Village of Lancaster, or the person therefor designated by such head, chief executive or governing body, who shall, within seven business days of the receipt of such appeal, fully explain in writing to the person requesting the record the reasons for further denial or provide access to the record sought. In addition, each agency shall immediately forward to the Committee on Public Access to Records a copy of such appeal and the determination thereon:
Committee on Public Access to Records
Department of State
162 Washington Avenue
Albany, New York 12231
(2) 
A final determination of access to a requested record, as provided for above, shall be subject to Court review, as provided for in Article 78 of the Civil Practice Laws and Rules.

§ 257-6 Fees.

A. 
To the extent that an individual will require copies of the Village of Lancaster ordinances, plumbing ordinances, zoning ordinances or the like upon which there has been established a set fee, that fee shall be charged to the individual in question upon the procurement of the desired ordinances.
B. 
To the extent that the established fee has been set by local law, ordinance or the like, the individual desiring the records in question shall pay to the Village Clerk-Treasurer well in advance, the sum as provided in Chapter 144, Fees, of the Code of the Village of Lancaster, for each page of records or documents to be reproduced and any additional fee which may be authorized or allowed by other statutes of the State of New York.
[Amended 6-29-1976 by L.L. No. 11-1976; 12-27-1976 by L.L. No. 23-1976]

§ 257-7 Authority to amend regulations.

The Village Board of the Village of Lancaster shall from time to time have the authority to amend or modify the above-mentioned regulations by resolutions by adding to the list of documents covered by said regulations or by amending the regulations and charge fees applicable to procurement of said documents in a manner which the Village Board feels to be in the best interest of the public in general.

§ 257-8 Severability.

[Added 6-25-1979 by L.L. No. 5-1979]
If any provision of this chapter or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this chapter or the application thereof to other persons and circumstances.