In accordance with Subdivision 3 of § 20
of the Municipal Home Rule Law, the local laws and certain resolutions
of the Village of Rye Brook shall be known collectively as the "Code
of the Village of Rye Brook," hereafter termed the "Code." Wherever
reference is made in any of the local laws and resolutions contained
in the "Code of the Village of Rye Brook" to any other local law or
resolution appearing in said Code, such reference shall be changed
to the appropriate chapter title, chapter number, article number or
section number appearing below, as if such local law 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 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 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 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 Rye Brook, 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 Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
All local laws of a general and permanent nature
of the Village of Rye Brook 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in force by reference therein are hereby repealed from and after the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 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 Rye Brook 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 Rye Brook, 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 Rye Brook.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Rye Brook.
E. Any local law or ordinance of the Village of Rye Brook
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 Rye Brook or any
portion thereof.
F. Any local law or ordinance of the Village of Rye Brook
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 Rye Brook 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 adopted subsequent to March 30, 1990.
L. Local Law No. 8-1984, adopted July 24, 1984, and any
amendments thereto, pertaining to zoning.
M. Local Law No. 36-1984, adopted December 3, 1984, pertaining
to signs.
N. Any local law, ordinance or resolution, or part thereof,
establishing fees for permits, licenses and bonds.
If any clause, sentence, paragraph, section, article
or part of this local law or of any local law 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 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 Rye
Brook 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 to by the Village
Clerk of the Village of Rye Brook by impressing thereon the Seal of
the Village of Rye Brook, 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 resolutions known collectively
as the "Code of the Village of Rye Brook," 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 or resolution contained herein, and such local laws
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 Rye Brook 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 may be purchased from the
Village Clerk of the Village of Rye Brook 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 Rye Brook, or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Village of Rye Brook 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Rye Brook, such local law to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-1 to
1-13, inclusive.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.