Village of Fayetteville, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-24-1972 as Sec. 1-3 of Ch. 1 of the Code of Ordinances (1977)]
As used in the Code of the Village of Fayetteville, the following terms shall have the meanings indicated:
CORPORATE LIMITS, CORPORATION LIMITS, VILLAGE LIMITS
The legal boundary of the Village of Fayetteville.
COUNTY
The County of Onondaga in the State of New York.
KEEPER, PROPRIETOR
Includes persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
MAYOR
The Mayor of the Village of Fayetteville, and where an ordinance or section shall direct that an act be performed or decision be made by the Mayor, such expression shall be deemed to include not only the Mayor, but the Acting Mayor in the absence of the Mayor or any member of the Board of Trustees designated by the Board or the Mayor to perform the act or exercise the discretion referred to; but this provision shall not be construed to authorize the Mayor or the Board to delegate any power or duty on the part of the Mayor to any other person except a member of the Board of Trustees of the Village or except as otherwise provided by law.
MONTH
A calendar month.
OWNER
As applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
PERSON
Shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
PERSONAL PROPERTY
Includes every species of property except real property, as herein described.
PREMISES
Place or places.
PROPERTY
Includes real and personal property.
REAL PROPERTY
Includes lands, tenements and hereditaments.
SEAL
The village or corporate seal.
SIDEWALK
Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.
SIGNATURE or SUBSCRIPTION
Includes a mark when the person cannot write.
STATE
The State of New York.
STREET
Includes but shall not be limited to streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the Village.
TENANT, OCCUPANT
As applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands either alone or with others.
TRUSTEE
Any person elected or appointed to that office.
VILLAGE BOARD OF TRUSTEES
The Board of Trustees of the Village of Fayetteville.
VILLAGE; CORPORATION
The words "the Village," "this Village," "the corporation" and "this corporation" shall be construed as if the words "of Fayetteville, New York," followed them.
WEEK
Seven days.
YEAR
A calendar year.
In the use of the Code of the Village of Fayetteville, the following rules of construction shall apply:
A. 
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
B. 
Delegation of authority. Whenever a provision appears requiring the head of a department of the Village to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
C. 
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
D. 
Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
E. 
Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
F. 
Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the Village of Fayetteville" were added.
G. 
Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
H. 
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
I. 
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
J. 
Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
K. 
Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.
L. 
Tense. Words used in the past or present tense include the future as well as the past and present.
M. 
Written, in writing. The words "written" and "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
[Adopted 1-14-1991 by L.L. No. 1-1991]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Fayetteville shall be known collectively as the "Code of the Village of Fayetteville," 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 Fayetteville" 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 article 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 Fayetteville, 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 Fayetteville in force on the date of the adoption of this article 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 article.
The repeal of local laws and ordinances provided for in § 1-15 of this article 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 Fayetteville prior to the effective date of this article or any action or proceeding brought for the enforcement of such right or liability.
B. 
An offense or act committed or done before the effective date of this article in violation of any legislative provision of the Village of Fayetteville 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 article, brought pursuant to any legislative provision of the Village of Fayetteville.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Fayetteville.
E. 
Any local law or ordinance of the Village of Fayetteville 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 Fayetteville or any portion thereof.
F. 
Any local law or ordinance of the Village of Fayetteville 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 Fayetteville 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 or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The dedication of property.
J. 
Any legislation relating to salaries.
K. 
Any legislation relating to the terms of office of the Mayor and Trustees.
L. 
Any legislation relating to bingo or games of chance.
M. 
Any legislation relating to alcoholic beverages.
N. 
Any legislation relating to fire prevention or building construction.
O. 
Any legislation adopted subsequent to May 14, 1990.
If any clause, sentence, paragraph, section, article, chapter or part of this article 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 Fayetteville and shall remain there for use and examination by the public until final action is taken on this article; and, if this article shall be adopted, such copy shall be certified to by the Village Clerk of the Village of Fayetteville by impressing thereon the Seal of the Village of Fayetteville, 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 article, 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 Fayetteville" 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 article 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 Fayetteville 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 article 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 may be purchased from the Village Clerk of the Village of Fayetteville upon the payment of a fee to be set by resolution of the Board of Trustees, which Board may also arrange by resolution for procedures for the periodic supplementation thereof.
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 Fayetteville or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Fayetteville to be misrepresented thereby or who violates any other provision of this article 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.
[Amended 9-13-1999 by L.L. No. 4-1999]
A. 
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 Fayetteville or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Fayetteville to be misrepresented thereby or who violates any other provision of this article shall be guilty of a violation of the Penal Law of the State of New York, punishable by a penalty for any infraction of any chapter of this Code which specifies that such an infraction shall be a violation (but which does not specify a penalty), shall be a fine of not less than $25 and not exceeding $350 or imprisonment for a period not to exceed six months, or both, for the first offense; a fine of not less than $350 and not exceeding $700 or imprisonment for a period not to exceed six months, or both, for the second offense; and a fine of not less than $700 and not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for the third offense. The third offense shall be deemed a misdemeanor.
[Amended 1-23-2012 by L.L. No. 4-2012]
B. 
For purposes of conferring jurisdiction upon courts and judicial officers generally, violation of those provisions giving rise to penalties pursuant to this section shall be deemed violations and, for such purpose only, all provisions of law relating to violations shall apply.
A. 
Any person who shall commit an offense against any provision of the Code of the Village of Fayetteville shall, upon conviction thereof, be guilty of a violation of the Penal Law of the State of New York, punishable by a penalty for any infraction of any chapter of this Code which specifies that such an infraction shall be a violation (but which does not specify a penalty), shall be a fine of not less than $25 and not exceeding $350 or imprisonment for a period not to exceed six months, or both, for the first offense; a fine of not less than $350 and not exceeding $700 or imprisonment for a period not to exceed six months, or both, for the second offense; and a fine of not less than $700 and not exceeding $1,000 or imprisonment for a period not to exceed six months, or both, for the third offense. The third offense shall be deemed a misdemeanor.
[Amended 1-23-2012 by L.L. No. 4-2012]
B. 
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this article. (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: Pursuant to § 1-14B, the following sections were added or amended: §§ 9-6; 33-2; 42-12; Ch. 48, Art III; §4 55-2; 55-3; 55-4; 55-5A and B; 60-4; 65-5; 70-1; 70-2; 70-3A and B; 75-1; 75-4; 86-19; 86-20; 86-21; 89-1; 89-3B(1)(i); 89-6A(2); 89-6B(3); 89-7; 99-2A; 99-7; 99-11B; Ch. 99. Art. II; §§ 104-2; 111-2C(3)(a); 111-4A and D; 114-4; 119-7; 122-7; 125-2; 128-1F; 133-6; 133-7; 133-20; 133-22B; 133-37; 133-42B; 136-1; 136-6A; 136-10; 136-11; 136-12; 136-14; 136-15; 142-4; 142-5; 142-6; 142-8; 142-9; 142-10; 148-4; 148-9; 154-4A and B; 154-12A; 154-13B; 159-1; 162-4; 162-9; 165-8; and 170-1A, B and C. A complete description of each change is included in L.L. No. 1-1991, which is on file in the office of the Village Clerk.
C. 
Enforcement and appearance tickets. Upon resolution of the Village Board, the Codes Enforcement of the Village of Fayetteville shall have authority, pursuant to Article 50 of the New York Criminal Procedure Law, to enforcement the Code of the Village of Fayetteville as well as the New York State Uniform Fire Prevention and Building Code, as well as issue appearance tickets for violation of the Code of the Village of Fayetteville as well as the New York State Uniform Fire Prevention and Building Code.
[Added 1-23-2012 by L.L. No. 4-2012]
The provisions of this article are hereby made Article II of Chapter 1 of the Code of the Village of Fayetteville, such local law to be entitled "General Provisions, Article II, Adoption of Code," and the sections of this article shall be numbered §§ 1-3 to 1-16, inclusive.
This article shall take effect immediately upon filing with the Secretary of State of the State of New York.