[HISTORY: Adopted by the Board of Trustees
of the Village of Skaneateles as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-22-2004 by L.L. No. 1-2004]
[Amended 3-27-2006 by L.L. No. 1-2006]
A.
In the construction of this Code, the following rules
shall be observed, unless such construction would be inconsistent
with the manifest intent of the Village Board of Trustees:
(1)
Code Enforcement Officer. Whenever the words "Code
Enforcement Officer" appear in this Code or any amendment thereto,
said term shall refer to the Code Enforcement Officer of the Village
and to his duly authorized subordinates.
(2)
Computation of time. Whenever a notice is required
to be given or an act to be done a certain length of time before any
proceeding shall be had, the day on which such notice is given, or
such act is done, shall be counted in computing the time, but the
day on which such proceeding is to be had shall not be counted.
(3)
Corporate limits; corporation limits. Whenever the
words "corporate limits," "corporation limits" or "Village limits"
are used, they shall mean the legal boundary of the Village of Skaneateles.
(4)
County. The words "the county" or "this county" shall
mean the County of Onondaga in the State of New York.
(5)
Delegation of authority. Whenever a provision appears
requiring the head of a department of the Village to do some act or
make certain inspections, it is to be construed to authorize the head
of the department to designate, delegate and authorize subordinates
to perform the required act or make the required inspection unless
the terms of the provision or section designate otherwise.
(6)
Director of Public Works. The Director of Public Works
shall manage, oversee and administer the Municipal Division, consisting
of the Electric, Water and Public Works Departments.
(7)
Gender. A word importing the masculine gender only
shall extend and be applied to females and to firms, partnerships
and corporations as well as to males.
(8)
Interpretation. In the interpretation and application
of any provision of this Code, it shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
comfort, convenience and general welfare. Where any provision of the
Code imposes greater restrictions upon the subject matter than the
general provisions imposed by the Code, the provision imposing the
greater restriction or regulation shall be deemed to be controlling.
(9)
Joint authority. All words giving a joint authority
to three or more persons or officers shall be construed as giving
such authority to a majority of such persons or officers.
(10)
Keeper; proprietor. The words "keeper" and "proprietor"
shall mean and include persons, firms, associations, corporations,
clubs and partnerships, whether acting by themselves or through a
servant, agent or employee.
(11)
Mayor. Whenever the word "Mayor" is used it shall
mean the Mayor of the Village of Skaneateles, and where a section
shall direct that an act be performed or decision be made by the Mayor,
such expression shall be deemed to include not only the Mayor but
the Deputy Mayor or acting Mayor in the absence of the Mayor, or any
member of the Board designated by the Board or the Mayor to perform
the act or exercise the discretion referred to, but this provision
shall not be construed to authorize the Mayor or the Board to delegate
any power or duty on the part of the Mayor to any other person except
a member of the Board of Trustees of the Village or except as otherwise
provided by law.
(12)
Month. The word "month" shall mean a calendar month.
(13)
Municipal Division. The Municipal Division shall consist
of the Electric, Water and Public Works Departments, including the
wastewater treatment plant. The Municipal Division shall be managed
and administered by the Director of Public Works.
(14)
Name of officer. Whenever the name of an officer is
given, it shall be construed as though the words "of the Village of
Skaneateles" were added.
(15)
Nontechnical and technical words. Words and phrases
shall be construed according to the common and approved usage of the
language, but technical words and phrases and such others as may have
acquired a peculiar and appropriate meaning in law shall be construed
and understood according to such meaning.
(16)
Number. A word importing the singular number only
may extend and be applied to several persons and things as well as
to one person and thing.
(17)
Oath. The word "oath" shall be construed to include
an affirmation in all cases in which, by law, an affirmation may be
substituted for an oath, and in such cases the words "swear" and "sworn"
shall be equivalent to the words "affirm" and "affirmed."
(18)
Or; and. "Or" may be read "and" and "and" may be read
"or" if the sense requires it.
(19)
Owner. The word "owner," applied to a building or
land, shall include any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant, or tenant by the entirety of
the whole or of a part of such building or land.
(20)
Person. The word "person" shall extend and be applied
to associations, clubs, societies, firms, partnerships and bodies
politic and corporate as well as to individuals.
(21)
Personal property. The term "personal property" includes
every species of property except real property, as herein described.
(22)
Police Chief. The term "Police Chief" shall mean the
Police Chief of the Village.
(23)
Preceding; following. The words "preceding " and "following"
shall mean next before and next after, respectively.
(24)
Premises. Whenever the word "premises" is used, it
shall mean place or places.
(25)
Property. The word "property" shall include real and
personal property.
(26)
Public place. The term "public place" shall mean any
park, cemetery, school yard or open space adjacent thereto, all sidewalks,
streets and parking fields, and all waterways.
(27)
Real property. The term "real property" shall include
lands, tenements and hereditaments.
(28)
Residence. The term "residence" shall be construed
to mean the place adopted by a person as his place of habitation and
to which, whenever he is absent, he has the intention of returning.
When a person eats at one place and sleeps at another, the place where
such person sleeps shall be deemed his residence.
(29)
Seal. Whenever the word "Seal" is used, it shall mean
the Village or Corporate Seal.
(30)
Sidewalk. The word "sidewalk" shall mean any portion
of a street between the curbline and the adjacent property line intended
for the use of pedestrians, excluding parkways.
(31)
Signature; subscription. The "signature" or "subscription"
of a person shall include a mark when the person cannot write.
(32)
State. The words "the state" shall be construed to
mean the State of New York.
(33)
Street. The word "street" shall be construed to embrace
streets, avenues, boulevards, roads, alleys, lanes, viaducts and all
other public highways in the Village.
(34)
Tenant; occupant. The word "tenant" or "occupant,"
applied to a building or land, shall include any person holding a
written or oral lease or who occupies the whole or a part of such
buildings or lands, either alone or with others.
(35)
Time. Words used in the past or present tense include
the future as well as the past and present.
(36)
Trustee. The word "Trustee" shall mean any person
elected to that office.
(37)
Vehicle. Except where otherwise defined, the word
"vehicle" shall mean an automobile, motorcycle, cart, wagon, buggy,
bicycle, sled, sleigh or airplane and shall include any device of
any kind or character used or designated to be used for the purpose
of transporting persons or things.
(38)
Village Board of Trustees. Whenever the words "Village
Board of Trustees" are used, they shall be construed to mean the Board
of Trustees of the Village of Skaneateles.
(39)
Village; corporation. Whenever the words "the Village,"
"this Village," "the corporation" or "this corporation" are used they
shall be construed as if the words "of Skaneateles, New York" followed
them.
(40)
Village Engineer. The term "Village Engineer" shall
mean the engineer(s) designated from time to time by the Village Trustees.
(41)
Week. The word "week" shall be construed to mean seven
days.
(42)
Written; in writing. The words "written" or "in writing"
shall be construed to include any representation of words, letters
or figures, whether by printing or otherwise.
(43)
Year. The word "year" shall mean a calendar year.
The catchlines of the several sections of this
Code printed in boldface type are intended as mere catchwords to indicate
the contents of the section and shall not be deemed or taken to be
titles of such sections nor as any part of the section, nor, unless
expressly so provided, shall they be so deemed when any of such sections,
including the catchlines, are amended or reenacted.
A.
Whenever in this Code any act is prohibited or is
made or declared to be unlawful or an offense, or whenever in such
Code the doing of any act is required or the failure to do any act
is declared to be unlawful, where no specific penalty is provided
therefor, the violation of any such provision of this Code shall be
punished by a fine not exceeding $250, and in the event of failure
to pay the same by imprisonment not exceeding 15 days, or both. Each
day any violation of any provision of this Code shall continue shall
constitute a separate offense.
B.
In addition to the penalty hereinabove provided, any
condition caused or permitted to exist in violation of any of the
provisions of this Code shall be deemed a public nuisance and may
be abated by the Village as provided by law, and each day that such
condition continues shall be regarded as a new and separate offense.
In all cases where the same offense may be made
punishable or shall be created by different sections of this Code,
the prosecuting officer may elect under which to proceed, but not
more than one recovery shall be had against the same person for the
same offense.
Obedience to the provisions hereinafter set forth may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in § 1-3, 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. 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 the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
[Adopted 3-22-2004 by L.L. No. 1-2004]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Skaneateles, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 225, together with an Appendix, shall be known collectively as the "Code of the Village of Skaneateles," 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 Skaneateles 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 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 Skaneateles, 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 § 1-8 below.
All local laws and ordinances of a general and
permanent nature of the Village of Skaneateles 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 § 1-8 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 Skaneateles 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 Skaneateles 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 Skaneateles.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Village of Skaneateles.
E.
Any local law or ordinance of the Village of Skaneateles
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 Skaneateles or any
portion thereof.
F.
Any local law or ordinance of the Village of Skaneateles
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 Skaneateles 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, agreement
or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any local law or ordinance relating to salaries and
compensation.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any local law or ordinance relating to or establishing
a pension plan or pension fund for municipal employees.
M.
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.
N.
Any local law adopted subsequent to November 8, 2003.
O.
Local Law No. 6-1996 (Comprehensive Plan) and all
amendments thereto.
P.
Local Law Nos. 3-1994, 4-1996 and 5-1996 establishing
bench locations and all amendments thereto.
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/Treasurer of the Village
of Skaneateles 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/Treasurer of the Village of Skaneateles by impressing thereon
the Seal of the Village of Skaneateles, and such certified copy shall
remain on file in the office of said Village Clerk/Treasurer 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 Skaneateles" 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 Clerk/Treasurer
to keep up-to-date the certified copy of the book containing the Code
of the Village of Skaneateles required to be filed in the office of
the Village Clerk/Treasurer 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, or any chapter or portion
of it, may be purchased from the Village Clerk/Treasurer, or an authorized
agent of the Clerk/Treasurer, upon the payment of a fee to be set
by resolution of the Board of Trustees. The Clerk/Treasurer may also
arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the
Village Clerk/Treasurer, changes or amends, by additions or deletions,
any part or portion of the Code of the Village of Skaneateles or who
alters or tampers with such Code in any manner whatsoever which will
cause the legislation of the Village of Skaneateles 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.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Skaneateles, 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.
B.
The following changes are made throughout the Code:
(1)
References to the "Fire Marshal/Fire Inspector" are
amended to read "Code Enforcement Officer."
(2)
References to the "Police Commissioner" are amended
to read "Police Chief."
(3)
References to the "Clerk" and "Treasurer" are amended to read "Clerk/Treasurer," except in Chapter 32.
(4)
References to the "Board of Appeals" are amended to
read "Zoning Board of Appeals."
(5)
References to the "Building Inspector," "Building
Official," "Building Code Inspector" and "Building Inspector/Codes
Enforcement Officer" are amended to read "Code Enforcement Officer."
(6)
References to the "Master Plan" are amended to read
"Comprehensive Plan."
(7)
References to the “Superintendent of Streets,”
“Superintendent of Light Department,” “Street Commissioner,”
“Highway Superintendent,” “Water Superintendent,”
and “Commissioner of Public Works” are amended to read
“Director of Public Works.”
[Amended 3-27-2006 by L.L. No. 1-2006]
(8)
Specific fee amounts are replaced with "as established
by the Board of Trustees."
C.
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.)[1]
[1]
Editor's Note: In accordance with § 1-11C, the chapters, parts and sections which 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 II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-22-2004 by L.L. No. 1-2004." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
