Village of Pleasantville, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of Trustees of the Village of Pleasantville: Art. I, 4-28-1997 by L.L. No. 4-1997; Art. II, 12-14-1981 by L.L. No. 5-1981 as Ch. 1 of the 1981 Code. Amendments noted where applicable.]
[Adopted 4-28-1997 by L.L. No. 4-1997]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Pleasantville, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 185, together with an Appendix, shall be known collectively as the "Code of the Village of Pleasantville," 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 Pleasantville" 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 Pleasantville, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Pleasantville 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 Pleasantville 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 Pleasantville 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 Pleasantville.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Pleasantville.
E. 
Any local law or ordinance of the Village of Pleasantville 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 Pleasantville or any portion thereof.
F. 
Any local law or ordinance of the Village of Pleasantville 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 Pleasantville 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 annexation or dedication of property.
J. 
Any legislation relating to salaries.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any legislation adopted subsequent to October 31, 1996.
M. 
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
N. 
All resolutions.
O. 
Local Law No. 12-1994, Fee Schedule, and any amendments to it.
P. 
Retirement incentive program local laws.
Q. 
All vehicles and traffic legislation.
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 Pleasantville 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 Pleasantville by impressing thereon the Seal of the Village of Pleasantville, 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 Pleasantville" 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 Pleasantville 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 Pleasantville 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 Pleasantville or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Pleasantville 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 Pleasantville, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B 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. 
In addition, the following amendments and/or additions are made herewith, to become effective upon the effective date of this local law as set forth in Schedule A attached hereto and made a part hereof (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 § 1-11B, 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) 4-28-1997 by L.L. No. 4-1997." Schedule A, which contains a complete description of all changes, is on file in the village offices.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Pleasantville, 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.
[Adopted 12-14-1981 by L.L. No. 5-1981 as Ch. 1 of the 1981 Code]
A. 
Specific terms. When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires:
ADMINISTRATOR OR VILLAGE ADMINISTRATOR
The Village Administrator of the Village of Pleasantville, New York, established pursuant to Chapter 4, Administrator, of this Municipal Code.
ASSESSOR OR VILLAGE ASSESSOR
The Assessor of the Village of Pleasantville, New York.
ATTORNEY OR VILLAGE ATTORNEY
The Village Attorney of the Village of Pleasantville, New York.
BOARD OF APPEALS OR ZONING BOARD OF APPEALS
The Board of Appeals of the Village of Pleasantville, New York, appointed in accordance with the provisions of Chapter 185, Zoning, of this Code and § 7-712 of the Village Law.
[1]
BOARD OF TRUSTEES, VILLAGE BOARD OR BOARD
The Village Board of Trustees of the Village of Pleasantville, New York.
BOARD OF WATER COMMISSIONERS
The Commission established pursuant to § 3-308 of the Village Law and having all the duties and powers provided in Article 11 of the Village Law to administer the village water system of the Village of Pleasantville, New York.
BUDGET OFFICER
The Village Administrator, who shall perform the duties established in Article 5 of the Village Law.
BUILDING INSPECTOR
The enforcement officer of the Village of Pleasantville, New York, appointed by the Mayor subject to the approval of the Village Board of Trustees, including the Mayor, to enforce zoning, housing, building, unsafe buildings and related regulations within the Village of Pleasantville.
BUSINESS ADVISORY COUNCIL
The Business Advisory Council of the Village of Pleasantville, New York, established by resolution of the Village Board of Trustees pursuant to Village Law § 4-412, Subdivision 1.
CIVIC ARTS COMMISSION
The Civic Arts Commission of the Village of Pleasantville, New York, established by resolution of the Village Board of Trustees pursuant to Village Law § 4-412, Subdivision 1.
CLERK
See "County Clerk" and "Village Clerk."
CODE
The Village of Pleasantville Municipal Code.
CODE ENFORCEMENT OFFICERS
Persons responsible for the enforcement of village codes pursuant to local law. The Village Administrator, Chief of Police and designated employees of the Police Department, the Building Inspector, the Code Enforcement Officer, the Superintendent of Public Works and employees of the Department of Public Works (except a foreman) designated by the Superintendent all constitute Code Enforcement Officers.
[Added 3-28-1994 by L.L. No. 6-1994; amended 1-22-2001 by L.L. No. 1-2001]
COMMUNITY PLANNING AND DEVELOPMENT ADVISORY COUNCIL
The Community Planning and Development Advisory Council of the Village of Pleasantville, New York, established by resolution of the Village Board of Trustees pursuant to Village Law § 4-412, Subdivision 1.
COUNTY
The County of Westchester in the State of New York.
COUNTY CLERK
The County Clerk of the County of Westchester in the State of New York.
DEPUTY VILLAGE ATTORNEY
The Deputy Village Attorney of the Village of Pleasantville, New York, who performs such legal services as may be assigned to such office by the Village Board of Trustees.
DIRECTOR OF WEIGHTS AND MEASURES OR SEALER OF WEIGHTS AND MEASURES
The Director of Weights and Measures of the County of Westchester in the State of New York.
DRUG ABUSE PREVENTION COUNCIL
The Drug Abuse Prevention Council of the Village of Pleasantville, New York, established by resolution of the Village Board of Trustees pursuant to General Municipal Law § 239-u.
ENFORCEMENT OFFICERS
See "Code Enforcement Officers."
[Added 3-28-1994 by L.L. No. 6-1994]
ENGINEER
See "Village Engineer."
FINANCE OFFICER
See "Village Treasurer."
[Amended 4-28-1997 by L.L. No. 4-1997]
FIRE CHIEF OR CHIEF OF THE FIRE DEPARTMENT
The Fire Chief of the Village of Pleasantville, New York.
GOVERNMENT AND LEGAL AFFAIRS COUNCIL
The Government and Legal Affairs Council of the Village of Pleasantville, New York, established by resolution of the Village Board of Trustees pursuant to Village Law § 4-412, Subdivision 1.
HEALTH OFFICER
The official who serves as the Health Officer of the Village of Pleasantville, New York.
LIBRARY BOARD OF TRUSTEES
The Library Board of Trustees of the Village of Pleasantville, New York, established pursuant to Education Law § 255.
MAYOR
The Mayor of the Village of Pleasantville, New York.
MUNICIPAL CODE
The Village of Pleasantville Municipal Code.
OWNER
A person who has the legal title, alone or with another, or exercises dominion or control over property, both real and personal.
PERSON
One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
PLANNING COMMISSION
The Planning Commission of the Village of Pleasantville, New York, established by the Village Board of Trustees pursuant to General Municipal Law § 234.
PLUMBING INSPECTOR
The Plumbing Inspector of the Village of Pleasantville, New York, created by Article IX of Chapter 98, Plumbing Administration, of this Municipal Code to enforce applicable plumbing rules and regulations in the Village of Pleasantville.
[Amended 9-27-2004 by L.L. No. 11-2004]
POLICE CHIEF or CHIEF OF POLICE
The Police Chief of the Village of Pleasantville, New York.
PUBLIC RELATIONS ADVISORY BOARD
The Public Relations Advisory Board of the Village of Pleasantville, New York, established by resolution of the Village Board of Trustees pursuant to Village Law § 4-412, Subdivision 1.
REGISTRAR OF VITAL STATISTICS
The Registrar of Vital Statistics of the Village of Pleasantville, New York, appointed pursuant to Public Health Law § 4121, Subdivision 3.
STATE
The State of New York.
SUPERINTENDENT OF PUBLIC WORKS
The village official in charge of the Village Department of Public Works in the Village of Pleasantville, New York.
SUPERINTENDENT OF RECREATION AND PARKS
The village official in charge of the Department of Recreation and Parks of the Village of Pleasantville, New York.
[Amended 4-28-1997 by L.L. No. 4-1997]
TENANT
A person occupying real property under an oral or written lease or who is in possession of real property under the actual or tacit consent of the owner. Whenever a person not the owner occupies real property, it shall be presumed that he or she occupies the same as a tenant.
TRUSTEE
A Trustee of the Village of Pleasantville, New York.
VILLAGE ATTORNEY
See "Attorney."
VILLAGE BOARD
The Village Board of Trustees of the Village of Pleasantville, New York.
VILLAGE CLERK or CLERK
The Village Clerk of the Village of Pleasantville, New York.
VILLAGE ENGINEER
The village official who is a licensed professional engineer of the State of New York and performs the engineering functions of the village, or an engineer or engineering firm retained by the Village of Pleasantville, New York, to serve in the capacity of engineer or consulting engineer to the Village of Pleasantville, New York. If qualified, the Superintendent of Public Works may also serve as the Village Engineer.
VILLAGE JUSTICE or POLICE JUSTICE
The Village Justice of the Village of Pleasantville, New York.
VILLAGE, THIS VILLAGE or VILLAGE OF PLEASANTVILLE
The Incorporated Village of Pleasantville in the County of Westchester and State of New York.
VILLAGE TREASURER
The chief fiscal officer of the Village of Pleasantville, New York, who has all the powers and duties pursuant to the Village Law, General Municipal Law, Local Finance Law and other laws of the State of New York.
[Amended 4-28-1997 by L.L. No. 4-1997]
[1]
Editor’s Note: The former definition of “Board of Sanitation” which immediately followed this definition, was repealed 9-27-2004 by L.L. No. 11-2004.
B. 
Other words. All other words used in this Code and not otherwise specifically defined shall be construed as prescribed in the General Construction Law or, if not defined therein, in the manner that they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.
A. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural.
C. 
A word importing the masculine gender only shall also be construed to include females, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
D. 
"Shall" is mandatory; "may" is permissive.
[Amended 4-28-1997 by L.L. No. 4-1997]
Wherever the requirements of any chapter or portion thereof are at variance with the requirements of any other lawfully adopted rule, regulation, chapter or other enactment, the most restrictive or that imposing the higher standards shall govern unless a contrary intent is expressly stated.