[HISTORY: Adopted by the Board of Trustees of the Village of Upper
Brookville as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-19-2000 by L.L. No. 1-2000]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Upper Brookville, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 205, together with an Appendix, shall be known collectively as the "Code of the Village of Upper Brookville," 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 Upper Brookville" 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 Upper Brookville, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Upper Brookville 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reference therein are hereby repealed from and after the effective date of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 Upper Brookville 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 Upper Brookville 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 Upper
Brookville.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the Village
of Upper Brookville.
E.
Any local law or ordinance of the Village of Upper Brookville
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 Upper Brookville or any portion thereof.
F.
Any local law or ordinance of the Village of Upper Brookville
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 Upper Brookville 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 4-1-2000.
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 Upper Brookville 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 Upper Brookville by impressing thereon
the Seal of the Village of Upper Brookville, 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 Upper Brookville" 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 Upper Brookville 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 Upper Brookville or who alters or tampers with such Code in any
manner whatsoever which will cause the legislation of the Village of Upper
Brookville 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 Upper Brookville, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B and C 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.
The following changes are made throughout the Code:
C.
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 § 1-11C, 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 I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-19-2000 by L.L. No. 1-2000." Schedule A, which contains a complete description of all changes, is on file in the village offices.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
[Adopted 4-1-1973 as Art. 1 of the 1973 General
Ordinance]
The following chapters shall constitute and be designated the "Code
of the Village of Upper Brookville" and may be so cited.
[Amended 9-19-2000 by L.L. No. 1-2000; 5-15-2007
by L.L. No. 3-2007]
Any person who violates or fails to perform any duty imposed by any
provisions of this Code shall, unless otherwise provided in any chapter of
this Code and except as limited by the Vehicle and Traffic Law, be punishable
by a fine of not less than $500 or more than $1,000 or imprisonment of up
to 15 days, or both, for each and every offense, and, in addition thereto,
each such violation shall constitute and is hereby declared to be an offense
against such provision of this Code. Each day that a violation under any provision
of this Code continues, such violation on each such separate day shall be
deemed a separate offense, after the violator is provided written notice of
the violation from the Village or enforcement officer. Violation of a written
stop-work order by any person receiving or having knowledge of such order
shall also be deemed a separate offense against any chapter of this Code.
In addition, the Village Board of Trustees may enforce obedience to any provisions
of this Code by injunction or any other civil remedy.
A.
A person convicted of an offense shall be guilty of a
violation as defined in the Penal Law.
B.
A violation of two or more sections of this Code as a
result of a single act shall be separate and distinct offenses for which separate
fines or penalties may be levied.
[1]
Editor's Note: This local law also repealed former § 1-16, Amendment of Village Law § 20-2006, added 1-26-1976 by L.L. No. 1-1976, and § 1-17, Zoning violations, added 9-19-2000 by L.L. No. 1-2000. It also provided for the renumbering of former §§ 1-18 through 1-21 as §§ 1-16 through 1-19, respectively.
[Added 9-19-2000 by L.L. No. 1-2000;
amended 5-15-2007 by L.L. No. 3-2007]
In addition, the Board of Trustees may enforce obedience to any provisions
of this Code by injunction or any other civil remedy. The Board of Trustees
may collect a civil fine for each violation of an ordinance or local law not
to exceed $1,000.
[Amended 9-19-2000 by L.L. No. 1-2000; 5-15-2007
by L.L. No. 3-2007]
A.
Unless otherwise expressly defined or unless the context
or subject matter requires otherwise, the terms used herein shall have the
meanings set forth in the General Construction Law.
B.
CODE ENFORCEMENT OFFICER
FIRE DEPARTMENT
POLICE DEPARTMENT
POLICE OFFICER
OWNER
VILLAGE
As used in this Code, the following terms shall have
the meanings indicated:
The duly appointed Code Enforcement Officer of the village.
Any Fire Department which normally operates within the Village of
Upper Brookville.
The Police Department operating within the Village of Upper Brookville.
Any member of the Police Department.
Any person having legal title, control or possession of real or personal
property or said person's executor, legal representative, agent, lessee
or officer.
The Incorporated Village of Upper Brookville, Nassau County, New
York.
C.
Words in the singular shall be deemed to be plural when
the sense of any sentence, clause or phrase so requires.
[Amended 5-15-2007 by L.L. No. 3-2007]
The Mayor or, in his absence, any Trustee of the Village shall have
the power to issue any permit provided for herein or to perform the duties
of any person or agency responsible for the enforcement of any of the provisions
of this Code.
