[HISTORY: Adopted by the Board of Trustees
of the Village of Rockville Centre as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-22-1971 by L.L. No. 1-1971 as Ch. 1, Art. I, of the 1971 Code]
In the definition of terms and construction
of all ordinances hereby enacted or hereafter to be enacted the following
rules shall be observed unless excluded by express provision, or when
to do so would be inconsistent with manifest intent of the ordinance:
The words of the masculine gender include the feminine and
the neuter gender and may refer to a corporation, or to a board or
other body or assembly of persons, and when the sense so indicates,
the words of the neuter gender may refer to any gender.
Each of the terms "heretofore" and "hereafter" in any provision
of the ordinance relates to the time such provision takes effect.
Includes a corporation, an association, partnership and firm,
as well as an individual, unless such extension is clearly inapplicable.
Words in the singular number include the plural, and in the
plural number include the singular.
The words of the present tense shall include the future.
Whenever used without modifying words or qualifications "Village"
shall mean the Incorporated Village of Rockville Centre, New York,
and the designation of any board, commission, committee, official
or agency shall mean that of the Incorporated Village of Rockville
Centre, New York. The words "Village Board" or "Board of Trustees"
shall mean the Board of Trustees of the Incorporated Village of Rockville
Centre.
[Amended 5-18-2009 by L.L. No. 1-2009]
A.
Unless
otherwise provided by law or by specific enactment, the penalty for
each violation of any provision of this Code shall be a sum of money
not exceeding $250, imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment. In addition, unless otherwise
provided by law or by specific enactment, a violation of any provision
of this Code shall constitute an offense.
B.
Notwithstanding the provisions of Subsection A of this section, the monetary penalty for each violation of the following provisions of this Code shall be as provided hereinafter, in the place and stead of any lesser monetary penalty provided for any such violation and in addition to any other penalty which may be provided by law:
[Amended 5-3-2010 by L.L. No. 6-2010]
|
Code Section
|
Violation
|
Maximum Fine
(for each day on which a violation occurs)
| |
|---|---|---|---|
|
Violation of Code or New York State Uniform Fire Prevention
and Building Code or International Building Code
|
$1,500
| ||
|
§ 115-8
|
Alteration without permit
|
$750
| |
|
§ 115-12
|
Stop-work order
|
$1,000
| |
|
§ 115-15
|
Unlicensed plumber
|
$750
| |
|
Failure to obey
|
$1,500
| ||
|
§ 132-2
|
Dangerous buildings
|
$1,500
| |
|
§ 160-1
|
Unlicensed electrician
|
$750
| |
|
Chapter 212
|
Illicit discharge into storm sewer; other violations of chapter
|
Not less than $500, nor more than $1,000, for the first violation
in a six-month period; not less than $1,000, nor more than $2,500,
for each subsequent violation within six months
| |
|
Chapter 219
|
Landscape/gardeners
|
$350, except $500 for violations of 219-8(C)
| |
|
§ 247-8
|
Indecent acts, displays or signs
|
$750
| |
|
Chapter 261
|
Property maintenance
|
$350
| |
|
§ 283-5
|
Depositing material on property without permit – for all
dumpsters, scaffolding, piles of bricks or dirt
|
$900
| |
|
§ 283-11
|
Litter – all garbage and debris
|
$350
| |
|
§ 283-21
|
Garbage out at improper hours or uncovered
|
$350 for two-family residential properties; $750 for all other
properties other than one-family residential properties
| |
|
§ 283-37
|
Unlicensed private waste hauler
|
$900
| |
|
§ 287-1
|
Sidewalk work without permit
|
$400
| |
|
§ 287-25 and 26
|
Road opening without permit
|
$1,500
| |
|
§ 291-1
|
Improper swimming pool – permit or fencing
|
$1,000
| |
|
§ 335-9
|
Commercial signs without permit
|
$400
| |
|
§ 335-11
|
No posting bills
|
$350
| |
|
§ 335-15
|
Improper real estate sign – permit, location
|
$250
|
[Adopted 3-10-2003 by L.L. No. 5-2003[1]]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Village of Rockville Centre, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 340, together with an Appendix, shall be known collectively as the "Code of the Village of Rockville Centre," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Village of Rockville Centre" to any other local law or ordinance 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 ordinance 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 ordinances in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. 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 Rockville Centre, 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 § 1-5 below.
All local laws and ordinances of a general and
permanent nature of the Village of Rockville Centre 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 § 1-5 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 Rockville Centre
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 Rockville Centre 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 Rockville Centre.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Village of Rockville Centre.
E.
Any local law or ordinance of the Village of Rockville
Centre 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 Rockville
Centre or any portion thereof.
F.
Any local law or ordinance of the Village of Rockville
Centre 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 Rockville Centre 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 10-21-2002.
If any clause, sentence, paragraph, section,
article, chapter or part of this local law or of any local law or
ordinance 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 Rockville
Centre 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 Rockville Centre by impressing thereon the
Seal of the Village of Rockville Centre, 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 ordinances known collectively
as the "Code of the Village of Rockville Centre" 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 or ordinance contained herein, and such local laws
or ordinances 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 Rockville Centre 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 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, 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, without authorization from the
Village Clerk, changes or amends, by additions or deletions, any part
or portion of the Code of the Village of Rockville Centre or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Village of Rockville Centre 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 and
ordinances for publication as the Code of the Village of Rockville
Centre, no changes in the meaning or intent of such local laws and
ordinances have been made, except as provided for in Subsection B
hereof.[1] 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 and
ordinances had been previously formally amended to read as such.
[1]
Editor's Note: No substantive changes were
made in the compilation and preparation of the Code, hence there is
no Subsection B.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
