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Village of Bronxville, NY
Westchester County
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Table of Contents
Table of Contents
Code
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[Adopted 6-12-2000 by L.L. No. 2-2000]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Bronxville, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 310, together with an Appendix, shall be known collectively as the "Code of the Village of Bronxville," 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 Bronxville" 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 Bronxville, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature of the Village of Bronxville 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 § 1-3 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 Bronxville 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 Bronxville or any penalty, punishment pr 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 Bronxville.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Bronxville.
E. 
Any local law or ordinance of the Village of Bronxville 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 Bronxville or any portion thereof.
F. 
Any local law or ordinance of the Village of Bronxville 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 Bronxville 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 2-14-2000.
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 of the Village of Bronxville 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 Bronxville by impressing thereon the Seal of the Village of Bronxville, 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, ordinances and resolutions known collectively as the "Code of the Village of Bronxville" 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 to keep up-to-date the certified copy of the book containing the Code of the Village of Bronxville 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 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 Bronxville or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Bronxville 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 Bronxville, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B, C, D and E 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. 
All specific fee amounts have been removed from the text of the chapters and replaced by the phrase "as set from time to time by resolution of the Board of Trustees." A Fees Schedule has been included in Chapter A321 of the Code.
C. 
Nomenclature changes. The following changes have been made throughout the Code:
(1) 
"Deputy Treasurer" is hereby amended to read to "Treasurer."
(2) 
"Dog Control Officer" is hereby amended to read "Animal Control Officer."
D. 
Statutory references. Statutory references throughout the Code are hereby updated accordingly.
E. 
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 § 1-11E, 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 1. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-12-2000 by L.L. No. 2-2000." Schedule A, which contains a complete description of all changes, is on file in the village offices.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Bronxville, such local law to be entitled "General Provisions, Article 1, 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.
[Adopted 2-9-1981 as Ch. 1, §§ 1.2 and 1.3, of the 1981 Code]
A. 
When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ADMINISTRATOR or VILLAGE ADMINISTRATOR
The Village Administrator of the village established pursuant to Chapter 61 of this Code.
ASSESSOR or VILLAGE ASSESSOR
The chief assessing official of the village appointed by the Mayor and approved by the Board.
BOARD OF APPEALS or ZONING BOARD OF APPEALS
The Board of Appeals of the village established pursuant to the provisions of Chapter 310 of this Code and § 7-712 of the Village Law.
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
The Board of Trustees of the village.
BUDGET OFFICER
The Village Administrator who shall perform the duties established in Article 5 of the Village Law.
CLERK or VILLAGE CLERK
The chief clerical official of the village appointed by the Mayor and approved by the Board.
CODE
Unless otherwise specifically qualified, means the Village of Bronxville Code of 2000, as it may be amended from time to time.
COUNSEL or VILLAGE COUNSEL
The chief legal advisor of the village appointed by the Mayor and approved by the Board.
COUNTY
The County of Westchester in the State of New York.
COUNTY CLERK
The County Clerk of the County of Westchester in the State of New York.
DESIGN REVIEW COMMITTEE
The Committee established pursuant to Chapter 310 of this Code.
DIRECTOR OF TRAFFIC VIOLATIONS BUREAU
The official appointed by the Village Justice to be in charge of the Village of Bronxville Traffic Violations Bureau.
DIRECTOR OF WEIGHTS AND MEASURES or SEALER OF WEIGHTS AND MEASURES
The Director of Weights and Measures of the County of Westchester in the State of New York.
ENGINEER or VILLAGE ENGINEER
The Superintendent of Public Works, unless some other person shall have been appointed to such a position by the village.
[Amended 6-12-2000 by L.L. No. 2-2000]
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
The Fire Chief of the Eastchester Fire Department.
HEALTH OFFICER
The official who serves as the Health Officer of the village.
LIBRARY BOARD OF TRUSTEES
The Library Board of Trustees of the village appointed pursuant to § 255 of the Education Law.
MAYOR
The Mayor of the village.
OWNER
A person who has the legal title, alone or with another, or exercises dominion or control over property, both real and personal.
PERSON
One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
PLANNING BOARD
The Planning Board of the village established pursuant to Chapter 310 of this Code and § 7-718 of the Village Law.
POLICE CHIEF or CHIEF OF POLICE
The Police Chief of the village appointed by the Mayor and approved by the Board.
RECREATION COUNCIL
The Bronxville Recreation Council of the village.
REGISTRAR OF VITAL STATISTICS
The Registrar of Vital Statistics of the village appointed pursuant to § 4121, Subdivision 3, of the Public Health Law.
SPECIAL POLICE COUNSEL
The attorney retained by the village to prosecute violations in the Village Court.
STATE
The State of New York.
SUPERINTENDENT OF BUILDINGS
The enforcement officer appointed pursuant to § 112-5 of this Code to administer and enforce all laws, rules and regulations pertaining to construction, use and location of buildings within the village.
SUPERINTENDENT OF PUBLIC WORKS
The official appointed by the Mayor and approved by the Board who is in charge of the Department of Public Works in the village.
[Amended 6-12-2000 by L.L. No. 2-2000]
TENANT
A person occupying real property under an oral or written lease or who is in possession of real property under the actual or tacit consent of the owner. Whenever a person, not the owner, occupies real property, it shall be presumed that he or she occupies the same as a tenant.
TREASURER or VILLAGE TREASURER
The chief fiscal officer of the village appointed by the Mayor and approved by the Board.
TRUSTEE
A member of the Board of Trustees of the village.
VILLAGE, THIS VILLAGE or VILLAGE OF BRONXVILLE
The Incorporated Village of Bronxville in the State of New York.
VILLAGE LAW
The Village Law of the State of New York.
B. 
Other words. All other words used in this Code and not otherwise specifically defined shall be construed as prescribed in the General Construction Law or, if not defined therein, in the manner they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.
A. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural.
C. 
A word importing the masculine gender only shall also be construed to include females, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.