[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:
The legal boundary of the Village of Fayetteville.
The County of Onondaga in the State of New York.
Includes persons, firms, associations, corporations, clubs
and partnerships, whether acting by themselves or through a servant,
agent or employee.
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.
A calendar month.
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.
Shall extend and be applied to associations, clubs, societies,
firms, partnerships and bodies politic and corporate as well as to
individuals.
Includes every species of property except real property,
as herein described.
Place or places.
Includes real and personal property.
Includes lands, tenements and hereditaments.
The village or corporate seal.
Any portion of a street between the curbline and the adjacent
property line, intended for the use of pedestrians.
Includes a mark when the person cannot write.
The State of New York.
Includes but shall not be limited to streets, avenues, boulevards,
roads, alleys, lanes, viaducts and all other public highways in the
Village.
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.
Any person elected or appointed to that office.
The Board of Trustees of the Village of Fayetteville.
The words "the Village," "this Village," "the corporation"
and "this corporation" shall be construed as if the words "of Fayetteville,
New York," followed them.
Seven days.
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]
This article shall take effect immediately upon
filing with the Secretary of State of the State of New York.
