[HISTORY: Adopted by the Board of Trustees of the Village of Chester as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-26-1981 by L.L. No. 13-1981]
The local laws, ordinances and certain resolutions of the Village of Chester, referred to in § 1-2 of this local law shall be known collectively as the "Code of the Village of Chester," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
Derivation Table
New Number
(chapter, title, article, section)
Old Number
(source)
Adoption Date
Ch. 6, Ethics, Code of
Resolution
12-14-1970
§§ 6-1 through 6-6
Sections 1 through 6
Omitted*
Section 7
Ch. 12, Local Laws, Adoption of
L.L. No. 1-1970
6-8-1970
§§ 12-1 through 12-5
Sections 1 through 5
Omitted*
Section 6
Ch. 17, Planning Board
Resolution
2-13-1967
§ 17-1
Paragraphs A, B and C
§ 17-2
Undesignated last paragraph
Ch. 19, Police Department
Resolution
10-9-1972
§§ 19-1 through 19-3
Sections 1 through 3
Omitted*
Section 4
Ch. 21, Public Records, Access to
Resolution
10-15-1974
§§ 21-1 through 21-8
Sections 1 through 8
Ch. 35, Bingo
L.L. No. 1-1974
9-9-1974
§§ 35-1 and 35-2
Sections 1 and 2
Ch. 38, Building Construction
Ordinance
3-13-1972
Article I
§§ 38-1 through 38-5
Sections 1 through 5
Omitted*
Section 6
Article II
§ 38-6
Rule No. 1
§ 38-7
Rule No. 2
Amended during codification**
§§ 38-8 through 38-16
Rule Nos. 3 through 11
§ 38-17
Rule No. 12
Amended during codification**
§ 38-18
Rule No. 13
§ 38-19
Rule No. 14
Amended during codification**
Ch. 40, Buildings, Numbering of
Adopted during codification**
§§ 40-1 through 40-4
§§ -1 through -4
Omitted*
§§ -5 through -7
Ch. 44, Dogs
Adopted during codification**
§§ 44-1 through 44-8
§§ -1 through -8
Omitted*
§§ -9 through -11
Ch. 48, Fire Prevention
Adopted during codification**
§§ 48-1 through 48-10
§§ -1 through -10
Omitted*
§§ -11 through -13
Ch. 50, Flood Damage Control
Article I, Land Use and Control Measures
Resolution
6-9-1975
§§ 50-1 through 50-4
Sections 1 through 4
Article II, Review of Applications and Plans
Resolution
6-9-1975
§§ 50-5 through 50-7
Sections 1 through 3
Ch. 53, Games of Chance
L.L. No. 1-1980
10-6-1980
Ch. 59, Littering
Ordinance
10-27-1969
§ 59-1
Section 1
§ 59-2
Sections 2 and 3
§§ 59-3 through 59-6
Sections 4 through 7
§ 59-7
Section 7.1
Added during codification**
Omitted*
Section 8
Ch. 67, Parades and Processions
Ordinance
4-22-1968
§§ 67-1 through 67-4
Sections 1 through 4
§ 67-5
Section 5
Amended during codification**
Ch. 69, Peace and Good Order
Ordinance
2-27-1974
Omitted
Section 1
Repealed during codification**
Omitted
Section 2, Subsections (a) through (f)
Repealed during codification**
§ 69-1
Section 2(g)
§ 69-2
Section 3
Amended during codification**
Omitted*
Section 4
Ch. 71, Peddling and Soliciting
Adopted during codification**
§§ 71-1 through 71-10
§§ -1 through -10
Omitted*
§§ -11 through -13
Ch. 82, Streets and Sidewalks
Adopted during codification**
Article I
ARTICLE I
§§ 82-1 through 82-2
§§ -1 through -3
Article II
ARTICLE II
§§ 82-4 through 82-8
§§ -4 through -8
Article III
ARTICLE III
§§ 82-9 through 82-16
§§ -9 through -16
Article IV
ARTICLE IV
§§ 82-17 and 82-18
§§ -17 and -18
Article V
ARTICLE V
§§ 82-19 through 82-24
§§ -19 through -24
Article VI
ARTICLE VI
§ 82-25
§ -25
Omitted*
§§ -26 through -28
Ch. 84, Subdivision of Land
Resolution
8-12-1968
Article I
§ 84-1
Article 1, Section 1.10
§ 84-2
Article 1, Section 1.20
§ 84-3
Article 2
Article II
Article 10
§ 84-4
Sections 10.01 through 10.25
Article III
Article 3
§ 84-5
Section 3.10
§ 84-6
Section 3.20
Amended during codification**
§ 84-7
Section 3.30
§ 84-8
Section 3.40
Amended during codification**
§ 84-9
Section 3.50
Amended during codification**
§ 84-10
Section 3.60
§ 84-11
Section 3.70
Article IV
Article 4
§ 84-12
Section 4.10
§ 84-13
Section 4.20
§ 84-14
Section 4.30, Subsection 4.31
§ 84-15
Section 4.30, Subsection 4.32
Article V
Article 5
§ 84-16
Undesignated introductory paragraph
§ 84-17
Section 5.10
§ 84-18
Section 5.20, Subsections 5.21 and 5.22
§ 84-19
Section 5.20, Subsection 5.27
§ 84-20
Section 5.20, Subsection 5.28
§ 84-21
Section 5.20, Subsection 5.29
§ 84-22
Section 5.30
§ 84-23
Section 5.40
§ 84-24
Section 5.50
§ 84-25
Section 5.60, Subsections 5.61 through 5.68
§ 84-26
Section 5.60, Subsection 5.69
§ 84-27
Section 5.70
Article VI
Article 6
§ 84-28
Section 6.10
§ 84-29
Section 6.20
§ 84-30
Section 6.30
§ 84-31
Section 6.40
Article VII
Article 7
§ 84-32
Section 7.10
§ 84-33
Section 7.20
§ 84-34
Section 7.30
§ 84-35
Section 7.40
Added during codification**
Article VIII
Article 8
§ 84-36
Sections 8.10 through 8.30
Article IX
Article 9
§ 84-37
Undesignated paragraph
Omitted*
Article 11
Ch. 92, Vehicles and Traffic
Adopted during codification**
Article I
Article I
§§ 92-1 through 92-3
§§ -1 through -3
Article II
Article II
§§ 92-4 through 92-11
§§ -4 through -11
Article III
Article III
§§ 92-12 through 92-18
§§ -12 through -18
Article IV
Article IV
§§ 92-19 and 92-20
§§ -19 and -20
Article V
Article V
§§ 92-21 through 92-23
§§ -21 through -23
Article VI
Article VI
§ 92-24
§ -24
Article VII
Article VII
§§ 92-25 through 92-28
§§ -25 through -28
Article VIII
Article VIII
§§ 92-29 through 92-43
§§ -29 through -43
Ch. 95, Water
Ordinance
11-27-1967
§ 95-1
Section 1
§ 95-2
Section 2
§ 95-3
Section 3
Amended 4-24-1972
§§ 95-4 through 95-9
Sections 4 through 9
§ 95-10
Section 10
Amended during codification**
§ 95-11
Section 11
§ 95-12
Section 12
Amended during codification**
Omitted*
Sections 13 and 14
Ch. 98, Zoning
L.L. No. 1-1971
9-13-1971
Article I
§ 98-1
Article 1, Section 1.1
§ 98-2
Article 1, Section 1.2
§ 98-3
Article 11, Sections 11.1 and 11.2
Article II
Article 2
§§ 98-4 through 98-7
Sections 2.1 through 2.4
Article III
Article 3
§§ 98-8 through 98-15
Sections 3.1 through 3.8
Article IV
Article 4
§§ 98-16 through 98-22
Sections 4.1 through 4.7
Article V
Article 5, Section 5.1
Amended during codification**
§ 98-23
Undesignated introductory paragraph
§§ 98-24 through 98-26
Sections 5.1.1 through 5.1.3
Article VI
Article 5, Section 5.2
Amended during codification**
§§ 98-27 through 98-30
Sections 5.2.1 through 5.2.4
Article VII
Article 5, Section 5.3
§ 98-31
Undesignated paragraph
Article VIII
Article 6
§ 98-32
Section 6.1
§ 98-33
Section 6.2
§ 98-34
Section 6.3.1
Amended during codification**
Article IX
Article 7
§ 98-35
Section 7.1.1
§ 98-36
Section 7.1.2
§ 98-37
Sections 7.2 and 7.3
§ 98-38
Section 7.4
Amended during codification**
Article X
Article 8
§ 98-39
Undesignated introductory paragraph
§ 98-40
Section 8.1
§ 98-41
Section 8.2
Amended during codification**
§§ 98-42 through 98-47
Sections 8.3 through 8.8
Article XI
Article 9
§ 98-48
Undesignated paragraph
Omitted*
Articles 10, 12 and 13
Ch. A101, Road Specifications
Adopted 9-24-1968 by Planning Board; approved 12-9-1968 by Board of Trustees
Article I
§§ A101-1 and A101-2
Article 1, Sections 1.10 and 1.20
§ A101-3
Article 2, Undesignated introductory paragraph
Article II
§§ A101-4 through A101-7
Article 2, Sections 1.30.1 through 1.30.4
§ A101-8
Article 2, Sections 1.30.5, 1.30.6
*
Note: These omitted sections pertain to repeal, severability or when effective provisions, which are covered by provisions of this local law, or are ordinance title sections which are not necessary in a codification having chapter and/or article titles for the various ordinances and local laws included therein. Certain sections are also omitted as their provisions, by their nature, are no longer effective.
**
Note: The legislation effecting this amendment, or adoption or repeal was adopted separately through normal procedures prior to the enactment of this local law. The history of the cited section includes the specific date of adoption and local law number.
A. 
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, as distributed and renumbered in § 1-2 above, 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 Chester, 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, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
B. 
In compiling and preparing the local laws, ordinances and certain resolutions of the Village for publication as the Code of the Village of Chester, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.
All local laws and ordinances of a general and permanent nature heretofore adopted by the Board of Trustees of the Village of Chester and in force on the date of the adoption of this local law, and not cited in the table in § 1-2 hereof, are hereby repealed as of the effective date of this local law, except as hereinafter provided.
The repeal of local laws and ordinances provided for in § 1-4 of this local law shall not affect the following classes of local laws, ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued or incurred under any legislative provisions of the Village of Chester 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 Chester 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 Chester.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Chester.
E. 
Any local law, ordinance or resolution of the Village of Chester 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 Chester, or any portion thereof.
F. 
Any ordinance or resolution of the Village of Chester 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 Chester, or other instruments or evidence of the town's indebtedness.
G. 
Local laws, ordinances or resolutions annexing land to the Village or authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
H. 
The levy or imposition of special assessments or charges, including rates for the use or rental of water, or the establishment of any fee for a permit, license, application or service.
I. 
The dedication of property.
J. 
Any local law, ordinance or resolution relating to salaries, providing for employee benefits, establishing policies pertaining to personnel, including working hours, or making appointments.
K. 
Any rules, regulations, standards specifications or schedule of fees and charges referred to or authorized to be adopted by any local law, ordinance or resolution included in the Code.
L. 
A resolution of May 9, 1978, accepting the applicability of the State Building Construction Code to the Village of Chester, and a resolution of June 13, 1977, accepting the applicability of the State Fire Prevention Code to the Village of Chester.
M. 
The Zoning Map dated July 1971 and adopted September 13, 1971 by Local Law No. 1-1971, or any amendment thereto.
N. 
Any local law or resolution adopted subsequent to June 13, 1977. Local laws and resolutions adopted subsequent to March 8, 1978, but prior to the effective date of this local law are hereby specifically continued in effect to the same extent as if referred to in § 1-2 of this local law, and such local laws and resolutions of a Code nature shall hereafter be incorporated into the Code in such manner as is most appropriate.
A copy of the Code of the Village of Chester, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Chester and shall remain there for the use and examination of the public until final action is taken on this local law; and if this local law shall be adopted, such copies shall be certified to by the Village Clerk of the Village of Chester, and such certified copies 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 the said Code is in effect.
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 Chester," or any new local laws or resolutions of a general and permanent nature, 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 of the Village of Chester shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the Village of Chester 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 in such legal manner as the Board of Trustees deems desirable.
It shall be the duty of the Village Clerk, or someone authorized and directed by the Village Clerk, to keep up-to-date the certified copies of the book containing the Code of the Village of Chester required to be filed in the office of the Village Clerk for the use of 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 of Trustees 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 or resolutions until such changes or 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 book containing the Code of the Village of Chester may be purchased from the Village Clerk of the Village of Chester upon the payment of a fee to be set by resolution of the Board of Trustees, which may also arrange by resolution for procedures for the periodic supplementation thereof.
The Village Clerk of the Village of Chester, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this local law in the official newspaper of the Village. A copy of the Code of the Village of Chester shall be maintained in the office of the Village Clerk for inspection by the public at all times during regular office hours. The enactment and application 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 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 Chester, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Chester to be misrepresented thereby, or who violates any other provisions of this local law, shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
If any clause, sentence, paragraph, section, Article or part of this local law, or of any local law, ordinance or resolution cited in the table in § 1-2 hereof, or of any local law, ordinance or resolution incorporated into the Code hereafter, 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 or part thereof directly involved in the controversy in which such judgment shall have been rendered.
The provisions of this local law are hereby made Chapter 1, Article I of the Code of the Village of Chester, to be entitled "Chapter 1, General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-14 inclusive.
This local law shall take effect as provided by law upon filing with the Secretary of State of the State of New York.