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Village of Garden City, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Garden City: Art. I, 9-19-1974 as L.L. No. 3-1974; Art. II, 9-19-1974 as L.L. No. 4-1974. Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of local laws — See Ch. 25.
[Adopted 9-19-1974 as L.L. No. 3-1974[1]]
[1]
Editor's Note: The following ordinances were adopted pursuant to the provisions of this local law:
1. An ordinance amending parking at Parking Field No. 6, adopted 10-3-1974. (See Ch. 193, Art. VII.) 2. A zoning amendment adopted 11-21-1974. (See Ch. 200, § 200-16B.)
3. An ordinance amending the Taxicab Ordinance No. 6.4, adopted 1-2-1975, superseded by L.L. No. 1, 1977. (See Ch. 184.)
4. An ordinance amending the Fire Prevention Ordinance No. 3.4, adopted 4-17-1975. (See Ch. 107, § 107-12.)
Article 20 of the Village Law, as last amended by Chapters 1028 and 1029 of the Laws of 1974, as it applies to the Incorporated Village of Garden City, New York, is hereby changed, superseded and amended to read as follows:
     ARTICLE 20—ADOPTION, PROOF AND ENFORCEMENT OF ORDINANCES
     § 20-2000 Ordinance power
     1.  Wherever reference is made in the Village Law of the State of New York to the adoption of local laws, such term shall also include the power to act by ordinance in order to carry out the powers and duties granted to the village.
     2.  For the purposes of this Article, whenever reference is made to the powers and procedures for the adoption, proof or enforcement of ordinances, such powers and procedures shall also be applicable to the amendment or repeal of existing ordinances.
     3.  For the purposes of this Article, a village ordinance shall also include a rule, bylaw, order or regulation of the Board of Trustees, or a rule, bylaw, order or regulation proposed by any separate board, commission or agency thereof and adopted by the Board of Trustees, for the violation of which a penalty is imposed therein, and each provision of this Article relating to ordinances applies to such a rule, bylaw, order or regulation.
     § 20-2002 Procedure for adoption of ordinances
     Every ordinance hereafter adopted by the Board of Trustees shall be adopted in the following manner:
     1.  The ordinance shall be introduced at a regular or special meeting of the Board of Trustees by a member thereof.
     2.  Upon a majority vote of the Board of Trustees, the Village Clerk shall give notice of a public hearing thereupon:
     (a)  By the publication of a notice in the official newspaper of the village, or if no official newspaper has been designated, in a newspaper of general circulation in the village; or
     (b)  By the posting of a notice in at least four public places in the village,
specifying the time when and the place where such hearing will be held and the title and a brief description of the proposed ordinance to be adopted. Such notice shall be published once or posted at least seven days prior to the day specified for such hearing.
     3.  After the public hearing and at a regular or special meeting of the Board of Trustees, such ordinance may be adopted upon a majority vote of the entire membership of the Board of Trustees.
     § 20-2004
When ordinances, traffic orders, rules or regulations take effect
     1.  Ordinances. Every ordinance hereafter adopted by the Board of Trustees shall be entered in its minutes and a copy thereof filed in the office of the Village Clerk, and the title and a brief description of such ordinance shall be published in the official newspaper of the village or, if no official newspaper has been designated, in a newspaper of general circulation in the village, once before any such ordinance shall take effect, and an affidavit of such filing and publication shall be filed with the Village Clerk. Any such ordinance shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Village Clerk under the corporate seal of the village and showing the date of its adoption and entry in the minutes.
     2.  Traffic orders, rules or regulations.
     (a)  In the event the Board of Trustees adopts any order, rule or regulation pursuant to the authority of the Vehicle and Traffic Law of the State of New York or delegates any powers granted to such village by the Vehicle and Traffic Law to any official, board or agency of such village as authorized by § 1603 of the Vehicle and Traffic Law, any orders, rules or regulations adopted by the Board of Trustees, official, board or agency shall take effect immediately upon adoption, subject to the limitations imposed by § 1684 of the Vehicle and Traffic Law, without notice or hearing, provided that traffic control devices complying with the manual and specifications thereof as adopted by the New York State Department of Transportation are placed and maintained as shall be deemed necessary to indicate and carry out the provisions of such orders, rules or regulations as required by § 1682 of the Vehicle and Traffic Law
     (b)  No order, rule or regulation heretofore adopted by the Board of Trustees or by any official, board or agency as authorized by the provisions of § 1603 of the Vehicle and Traffic Law shall be deemed invalid or ineffective solely because such order was adopted without notice or hearing.
     § 20-2006
Adoption by Board of Trustees of rules, bylaws and regulations of separate board, commissions or agencies
     A rule, bylaw or regulation proposed by any separate board, commission or agency for the violation of which a penalty is imposed must be adopted by the Board of Trustees before such penalty is enforceable. Such a rule, bylaw or regulation must be submitted to the Board of Trustees, and upon its adoption becomes a rule, bylaw or regulation of the village. The procedures for adoption by the Board of Trustees shall be as required by § 20-2002 of this Article.
     § 20-2008 Proof of ordinance
     The certificate of the Village Clerk setting forth that the records of the Village show the adoption of one or more ordinances and the filing of a copy thereof in the office of the Village Clerk and publishing of the title and a brief description thereof, as required by § 20-2004(1) of this Article, shall be presumptive evidence of such adoption, filing and publication in any action or special proceeding in any court or otherwise.
     § 20-2010 Enforcement
     1.  The violation of any existing ordinance or any ordinance adopted pursuant to this Article shall be deemed a violation of this Article.
     2.  Unless otherwise provided by law, the penalty for each violation of this Article shall be a sum of money not exceeding $250. In addition thereto, a violation of the same shall constitute and is hereby declared to be disorderly conduct and any person violating the same shall be and is hereby declared to be a disorderly person. In all cases a violation of this Article may be enforced by injunction.
     3.  Upon the adoption of a resolution by the Board of Trustees authorizing the Village Attorney or an attorney other than the one regularly employed to prosecute a violator of a village ordinance or a person accused of committing any offense, infraction or criminal act within the village and provided the village or an attorney other than the one regularly employed is designated as an assistant district attorney, as provided by law, to prosecute in the name of the people of the State of New York the violator of a village ordinance or a person accused of committing any offense, infraction or criminal act within the village, the Board of Trustees may pay a reasonable compensation to such Village Attorney or an attorney other than the one regularly employed therefor.
Local Law No. 1-1946 is hereby repealed.
[Adopted 9-19-1974 as L.L. No. 4-1974]
Subdivision 2 of § 7-706 of the Village Law, as last amended by Chapter 976 of the Laws of 1973, as it applies to the Incorporated Village of Garden City, is hereby changed, superseded and amended to read as follows:
     2.  Every zoning ordinance or zoning law and every amendment to a zoning ordinance or zoning law (including any map incorporated therein) adopted pursuant to the provisions of this Article shall be entered in the minutes of the Village Board and a copy thereof (including any map incorporated therein) shall be filed in the office of the Village Clerk and the title and a brief description of such ordinance, law or map shall be published in the official newspaper of the village or, if no official newspaper has been designated, in a newspaper of general circulation in the village, once before any such ordinance or law shall take effect, and an affidavit of such filing and publication shall be filed with the Village Clerk. Such ordinance or law or amendment thereto shall take effect upon the filing with the Village Clerk of such affidavit, but such ordinance or law or amendment thereto shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Village Clerk and showing the date of its passage and entry in the minutes.
Local Law No. 1-1953 is hereby repealed.