[HISTORY: Adopted by the Board of Trustees
of the Village of Central Square as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-10-2003 by L.L. No. 3-2003]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Village of Central Square, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 250, together with an Appendix, shall be known collectively as the "Code of the Village of Central Square," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Village of Central Square" 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 Central Square, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Central Square 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repealed from and after the effective date of this local law.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 Central Square 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 Central Square 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 Central Square.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Village of Central Square.
E.
Any local law or ordinance of the Village of Central
Square 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 Central
Square or any portion thereof.
F.
Any local law or ordinance of the Village of Central
Square 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 Central Square 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 5-1-2000.
O.
Local Law No. 1-1996, Diminishing the boundaries of
the Village of Central Square.
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 Central
Square 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 Central Square by impressing thereon the Seal
of the Village of Central Square, 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 Central Square" or any new local laws,
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 Central Square 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 or local laws until such changes or local laws 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 Central Square or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Village of Central Square 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 for publication
as the Code of the Village of Central Square, no changes in the meaning
or intent of such local laws have been made. 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 had been previously formally amended to read as such.
B.
Chapter 12, Defense and Indemnification, is adopted to read as follows:
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§ 12-1. Conferral of statutory benefits.
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A.
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The Board of Trustees of the Village of Central
Square hereby agrees to confer the benefits of § 18 of the
Public Officers Law upon its officers and employees and to be held
liable for costs incurred under the provisions of said section.
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B.
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The Board of Trustees hereby agrees to confer
the benefits of § 18 of the Public Officers Law upon the
officers and employees of any public entity established for the benefit
of the Village of Central Square and to be held liable for costs incurred
under the provisions of said section.
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§ 12-2. Benefits to be supplemental.
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Any benefits accorded to officers and employees
under § 18 of the Public Officers Law shall supplement,
and be available in addition to, defense or indemnification protection
conferred by any other enactment.
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This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
[Adopted 3-7-1983 by L.L. No. 1-1983
as Ch. 1 of the 1983 Code]
A.
ATTORNEY or VILLAGE ATTORNEY
BOARD OF APPEALS or ZONING BOARD OF APPEALS
BOARD OF TRUSTEES, VILLAGE BOARD, or BOARD
BUILDING INSPECTOR
CLERK
CODE
COUNTY
COUNTY CLERK
DIRECTOR OF WEIGHTS AND MEASURES or SEALER OF WEIGHTS AND MEASURES
ENGINEER
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
HEALTH OFFICER
MAYOR
MUNICIPAL CODE
OWNER
PERSON
PLANNING BOARD
POLICE CHIEF or CHIEF OF POLICE
RECREATION DIRECTOR
REGISTRAR OF VITAL STATISTICS
STATE
SUPERINTENDENT OF PUBLIC WORKS
TENANT
TRUSTEE
VILLAGE, THIS VILLAGE, or VILLAGE OF CENTRAL SQUARE
VILLAGE ATTORNEY
VILLAGE BOARD
VILLAGE CLERK or CLERK
VILLAGE ENGINEER
VILLAGE JUSTICE or POLICE JUSTICE
VILLAGE TREASURER
Specific terms. When used in this Code, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires:
The Village Attorney of the Village of Central Square, New
York or an attorney or firm of attorneys retained by the Village to
perform legal services for the Village normally performed by a Village
Attorney.
The Board of Appeals of the Village of Central Square, New York, appointed in accordance with the provisions of Chapter 250 of this Code and § 7-712 of the Village Law.
The Board of Trustees of the Village of Central Square, New
York.
The enforcement officer of the Village of Central Square,
New York, appointed by the Mayor subject to the approval of the Board
of Trustees, including the Mayor, to enforce zoning, housing, building,
unsafe buildings and related regulations within the Village of Central
Square.
See "County Clerk" and "Village Clerk."
Unless otherwise specifically qualified means the Village
of Central Square Municipal Code.
The County of Oswego in the State of New York.
The County Clerk of the County of Oswego in the State of
New York.
The Director of Weights and Measures of the County of Oswego
in the State of New York.
See "Village Engineer."
The Fire Chief of the Village of Central Square, New York.
The official who serves as the Health Officer of the Village
of Central Square, New York.
The Mayor of the Village of Central Square, New York.
The Village of Central Square Municipal Code.
A person who has the legal title, alone or with another,
or exercises dominion or control over property both real and personal.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities capable of being sued.
The Planning Board of the Village of Central Square, New
York, established by the Board of Trustees pursuant to § 7-718
of the Village Law.
[Amended 1-8-2007 by L.L. No. 2-2007]
The Police Chief of the Village of Central Square, New York.
The Village official in charge of the Recreation Department
of the Village of Central Square, New York.
The Registrar of Vital Statistics of the Village of Central
Square, New York, appointed pursuant to Public Health Law § 4121,
Subdivision 3.
The State of New York.
The Village official in charge of the Village Department
of Public Works in the Village of Central Square, New York.
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 same as
a tenant.
A Trustee of the Village of Central Square, New York.
The incorporated Village of Central Square in the County
of Oswego and State of New York.
See "Attorney."
The Board of Trustees of the Village of Central Square, New
York.
The Village Clerk-Treasurer of the Village of Central Square,
New York, while acting in the capacity of Village Clerk.
The Village official who is a licensed professional engineer
of the State of New York and performs the engineering functions of
the Village, or an engineer or engineering firm retained by the Village
of Central Square, New York, to serve in the capacity of engineer
or consulting engineer to the Village of Central Square, New York.
The Village Justice of the Village of Central Square, New
York.
The Village Clerk-Treasurer of the Village of Central Square,
New York, while acting in the capacity of Village Treasurer.
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 that 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.
A.
The repeal of a chapter, in whole or in part, contained
in this Code, shall not revive any prior ordinance or local law heretofore
repealed.
B.
The repeal of any chapter, in whole or in part, contained
in this Code shall not affect any punishment or penalty incurred,
nor shall it have any effect on existing litigation and it shall not
operate as an abatement of any action or proceeding now pending or
which may be brought by virtue of the chapter or part thereof so repealed
for any violation or act committed prior to the effective date of
the repeal unless specifically abated.
Any material contained in brackets shall not
be deemed to be a part of this Code. Such material contained therein
is intended to show the adoption date, effective date and comments
on any changes. Likewise, any commentaries, footnotes, cross references,
citations of authority or other annotations shall not be deemed a
part of this Code but are inserted editorially solely to assist in
the use and interpretation of this Code.
Wherever the requirements of any chapter or
portion thereof are at variance with the requirements of any other
lawfully adopted rule, regulation, chapter or other enactment, the
most restrictive or that imposing the higher standards shall govern
unless a contrary intent is expressly stated.
A.
Where no specific penalty is prescribed in any chapter
contained in this Code, rule or regulation of the Village, or in any
other provision of law, for any act which is prohibited or for the
failure to do any act which is required and is made or declared to
be unlawful, the violation thereof shall constitute a violation pursuant
to the Penal Law. However, in no case shall the fine imposed exceed
$250.
B.
In all cases, the Board of Trustees may enforce obedience
of any provisions of this Code by injunction.
The failure of any officer or employee of the
Village to perform any official act imposed by this Code shall not
be an offense, and shall not subject such officer or employee to the
penalty imposed for the violation of any provision of this Code, unless
a penalty is specifically provided therefor.
A.
Wherever any officer of the Village is granted certain
powers or duties or is designated as the enforcement officer of a
specific chapter or portion thereof, it shall also be construed to
include the deputies, assistants and representatives of such officer
as may be designated, delegated or authorized by such officer to exercise
such powers or duties.
B.
While acting within the scope of their employment,
it shall be presumed that all acts performed by such deputies, assistants
and representatives were duly delegated and authorized.
In case any provision of the Village of Central
Square Municipal Code is inconsistent with any provision of the Village
Law, pursuant to the authority contained in Subdivision 1, Paragraph
e, Subparagraph 3 of § 10 of the Municipal Home Rule Law,
the Village Law is modified and superseded in its application to the
Village of Central Square to the extent and only to the extent that
the Village Law is inconsistent with any provision of the Village
of Central Square Municipal Code.
The provisions of this Code shall be liberally
construed in order to effectuate the purposes for which this Code
and the laws contained herein are enacted.
[Amended 10-27-2014 by L.L. No. 3-2014]
Unless otherwise specifically provided, the provisions of Part
II, General Legislation, of this Code shall be enforced by the Village
Police, except that those laws dealing with land use, planning, zoning,
building construction, fire prevention, or property maintenance shall
be enforced by the Code Enforcement Officer.
