[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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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reference therein are hereby repealed from and after the effective date of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.
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.
ADMINISTRATOR OR VILLAGE ADMINISTRATOR
ASSESSOR OR VILLAGE ASSESSOR
ATTORNEY OR VILLAGE ATTORNEY
BOARD OF APPEALS OR ZONING BOARD OF APPEALS
BOARD OF TRUSTEES, VILLAGE BOARD OR BOARD
BOARD OF WATER COMMISSIONERS
BUDGET OFFICER
BUILDING INSPECTOR
BUSINESS ADVISORY COUNCIL
CIVIC ARTS COMMISSION
CLERK
CODE
CODE ENFORCEMENT OFFICERS
COMMUNITY PLANNING AND DEVELOPMENT ADVISORY COUNCIL
COUNTY
COUNTY CLERK
DEPUTY VILLAGE ATTORNEY
DIRECTOR OF WEIGHTS AND MEASURES OR SEALER OF WEIGHTS AND MEASURES
DRUG ABUSE PREVENTION COUNCIL
ENFORCEMENT OFFICERS
ENGINEER
FINANCE OFFICER
FIRE CHIEF OR CHIEF OF THE FIRE DEPARTMENT
GOVERNMENT AND LEGAL AFFAIRS COUNCIL
HEALTH OFFICER
LIBRARY BOARD OF TRUSTEES
MAYOR
MUNICIPAL CODE
OWNER
PERSON
PLANNING COMMISSION
PLUMBING INSPECTOR
POLICE CHIEF or CHIEF OF POLICE
PUBLIC RELATIONS ADVISORY BOARD
REGISTRAR OF VITAL STATISTICS
STATE
SUPERINTENDENT OF PUBLIC WORKS
SUPERINTENDENT OF RECREATION AND PARKS
TENANT
TRUSTEE
VILLAGE ATTORNEY
VILLAGE BOARD
VILLAGE CLERK or CLERK
VILLAGE ENGINEER
VILLAGE JUSTICE or POLICE JUSTICE
VILLAGE, THIS VILLAGE or VILLAGE OF PLEASANTVILLE
VILLAGE TREASURER
Specific terms. When used in this Code, unless otherwise
expressly stated or unless the context or subject matter otherwise requires:
The Village Administrator of the Village of Pleasantville, New York, established pursuant to Chapter 4, Administrator, of this Municipal Code.
The Assessor of the Village of Pleasantville, New York.
The Village Attorney of the Village of Pleasantville, New York.
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]The Village Board of Trustees of the Village of Pleasantville, New
York.
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.
The Village Administrator, who shall perform the duties established
in Article 5 of the Village Law.
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.
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.
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.
See "County Clerk" and "Village Clerk."
The Village of Pleasantville Municipal Code.
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]
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.
The County of Westchester in the State of New York.
The County Clerk of the County of Westchester in the State of New
York.
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.
The Director of Weights and Measures of the County of Westchester
in the State of New York.
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.
See "Code Enforcement Officers."
[Added 3-28-1994 by L.L. No. 6-1994]
See "Village Engineer."
See "Village Treasurer."
[Amended 4-28-1997 by L.L. No. 4-1997]
The Fire Chief of the Village of Pleasantville, New York.
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.
The official who serves as the Health Officer of the Village of Pleasantville,
New York.
The Library Board of Trustees of the Village of Pleasantville, New
York, established pursuant to Education Law § 255.
The Mayor of the Village of Pleasantville, New York.
The Village of Pleasantville Municipal Code.
A person who has the legal title, alone or with another, or exercises
dominion or control over property, both real and personal.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities capable of being sued.
The Planning Commission of the Village of Pleasantville, New York,
established by the Village Board of Trustees pursuant to General Municipal
Law § 234.
The Police Chief of the Village of Pleasantville, New York.
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.
The Registrar of Vital Statistics of the Village of Pleasantville,
New York, appointed pursuant to Public Health Law § 4121, Subdivision
3.
The State of New York.
The village official in charge of the Village Department of Public
Works in the Village of Pleasantville, New York.
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]
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.
A Trustee of the Village of Pleasantville, New York.
See "Attorney."
The Village Board of Trustees of the Village of Pleasantville, New
York.
The Village Clerk of the Village of Pleasantville, New York.
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.
The Village Justice of the Village of Pleasantville, New York.
The Incorporated Village of Pleasantville in the County of Westchester
and State of New York.
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.
