[HISTORY: Adopted by the Village Board of the Village of Port Chester:
Art. I, 6-20-1966, effective 7-11-1966;
Art. II, 2-2-1994 as L.L. No. 1-1994,
effective 2-22-1994. Amendments noted where applicable.]
[Adopted 6-20-1966; effective 7-11-1966]
RESOLVED, that whereas the Village Board of Trustees of the Village
of Port Chester considers that it is in the public interest to adopt a Code
for the Village of Port Chester covering all laws deemed necessary for the
orderly government of the Village of Port Chester which consist of the following.
Chapter 2
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(Reserved)
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Chapter 3
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(Reserved)
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Chapter 4
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General Provisions
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(Reserved)
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Chapter 6
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(Reserved)
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Chapter 7
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Animals
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Chapter 8
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(Reserved)
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|
(Reserved)
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Chapter 10
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Bicycles
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Chapter 11
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(Reserved)
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|
(Reserved)
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Billiards, Bowling, Etc.
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Chapter 14
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(Reserved)
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Chapter 15
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(Reserved)
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Chapter 16
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Bingo
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Chapter 17
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Boating
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(Reserved)
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Chapter 19
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Building Construction
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(Reserved)
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(Reserved)
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(Reserved)
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Chapter 23
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Circuses, Processions, Etc.
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Chapter 24
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Convalescent Homes
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Chapter 25
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(Reserved)
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Chapter 26
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Dance Halls and Cabarets
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Chapter 27
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(Reserved)
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Chapter 28
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Discarded Refrigerators
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Chapter 29
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(Reserved)
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Dogs
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Chapter 31
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Drinking in Public
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Chapter 32
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(Reserved)
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Chapter 33
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Dumps and Dumping
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Chapter 34
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(Reserved)
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Electrical Control Board
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(Reserved)
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Chapter 37
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(Reserved)
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Chapter 38
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Firearms and Fireworks
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Chapter 39
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(Reserved)
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(Reserved)
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Chapter 41
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Fire Department
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Chapter 42
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(Reserved)
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Chapter 43
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Fire Prevention Code
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(Reserved)
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Chapter 45
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Fumigation
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Chapter 46
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(Reserved)
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Garbage and Rubbish Collection
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Chapter 48
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(Reserved)
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Going-out-of Business Sales
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Chapter 50
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Handbills
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Chapter 51
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(Reserved)
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Chapter 52
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Hotels, Lodging and Boardinghouses
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(Reserved)
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Chapter 54
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(Reserved)
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Chapter 55
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Laundromats
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Chapter 56
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Licensed Occupations
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(Reserved)
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Chapter 58
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(Reserved)
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Memorial and Independence Day Activities
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Chapter 60
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Minimum Housing Standards
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Chapter 61
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(Reserved)
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Chapter 62
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Noise Control
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Chapter 63
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Nuisances
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Chapter 64
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(Reserved)
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Chapter 65
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Parks
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Chapter 66
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(Reserved)
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Chapter 67
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(Reserved)
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Chapter 68
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Plumbing
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Chapter 69
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(Reserved)
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Chapter 70
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(Reserved)
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Chapter 71
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Restaurants
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Chapter 72
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(Reserved)
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Chapter 73
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Sewers
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Chapter 74
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(Reserved)
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Chapter 75
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Signs, Billboards, Etc.
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Chapter 76
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Solicitors and Canvassers
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Street Attire
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Chapter 78
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Streets and Sidewalks
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(Reserved)
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Chapter 80
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Swimming Pools
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Chapter 81
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(Reserved)
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Chapter 82
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Taxicabs
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Chapter 83
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Theaters
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Chapter 84
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(Reserved)
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Chapter 85
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Traffic Violations Bureau
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Chapter 86
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Trees and Shrubbery
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Chapter 87
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(Reserved)
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Chapter 88
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Trespass
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Chapter 89
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(Reserved)
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Unsafe Buildings
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Chapter 91
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(Reserved)
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Chapter 92
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Vehicle and Traffic
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Chapter 93
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(Reserved)
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(Reserved)
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(Reserved)
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Chapter 96
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Weeds and Grass
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Chapter 97
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(Reserved)
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Chapter 98
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Zoning
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Chapter 99
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(Reserved)
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That the foregoing Resolution be entered upon the minutes of the Board
of Trustees of the Village of Port Chester, New York, and subscribed to by
the Mayor and Clerk of the Village of Port Chester and shall be published
in the Daily Item, which is hereby designated as the official newspaper of
the said Village for that purpose, on the 24th day of June 1966 and on the
first day of July 1966 and a printed copy thereof shall be posted conspicuously
in at least three public places for at least 10 days prior to the 11th day
of July 1966 and shall become effective on the 11th day of July 1966.
[Adopted 2-2-1994 as L.L. No. 1-1994;
effective 2-22-1994]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Port Chester, as recodified by General Code Publishers Corp., and consisting of Chapters
1 through
345, together with an Appendix, shall be known collectively as the "Code of the Village of Port Chester," 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 Port Chester" to any other local law, ordinance or resolution appearing in said Code or to the 1966 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 prior 1966 Code has been renumbered as indicated in the Distribution Table below:
Distribution Table
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Chapter in 1966 Code
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Chapter in 1993 Code
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2A, Village Attorney
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12
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2B, Development Coordinator
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35
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3, Village Manager
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77
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4, General Provisions
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1
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5, Alarm Devices
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126
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5A, Americans With Disabilities Act
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131
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6, Amusement Devices
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133
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7, Animals
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|
8, Architectural Review Board
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9
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9, Appearance Tickets
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5
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9A, Beautification Commission
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18
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10, Bicycles
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140
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13, Billiards, Bowling and Shooting Galleries
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143
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16, Bingo
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145
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17, Boating and Watercraft
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148
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19, Building and Fire Prevention
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151
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23, Circuses, Processions, Etc.
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157
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23A, Commission on, Recreation
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103
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24, Convalescent Homes
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160
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25, Coin-Operated Dry-Cleaning Establishments
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169
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26, Dance Halls and Cabarets
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165
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27, Dealers in Secondhand Articles
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267
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28, Defense and Indemnification of Officers and Employees
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30
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30, Dogs
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|
31, Drinking in Public
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128
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33, Economic Development Commission
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40
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34, Engineer, Village
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49
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35, Electrical Control Board
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44
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36, Employee Organizations
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47
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37, Ethics, Code of
|
53
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37A, Exposure of Females
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227
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38, Firearms and Fireworks
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178
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39, Flood Damage Prevention
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181
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40, Fees
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175
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41, Fire Department
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57
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45, Fumigation
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184
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46, Games of Chance
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190
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47, Garbage and Rubbish Collection
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|
49, Going-Out-of-Business Sales
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264
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50, Handbills
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|
51, Hawking and Peddling
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|
52, Lodging and Boarding Houses
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211
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55, Laundromats
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|
56, Licensed Occupations
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206
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57, Littering
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|
59, Memorial Day and Independence Day Observance
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217
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60, Minimum Housing Standards
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197
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61, Numbering of Improved Parcels
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232
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62, Noise Control
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224
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63, Nuisances
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229
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64, Official Map
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79
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65, Parks
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236
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67, Planning Commission
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90
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68, Plumbing Code
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242
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69, Police Procedures
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94
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70, Pistol Permit Applications
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239
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70A, Real Estate
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162
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71, Restaurants
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254
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71A, Real Property Tax
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293, Art. IV
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71B, Recycling
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|
72, Retirement Incentive Program
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107
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73, Sewers
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269
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75, Signs and Billboards
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272
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76, Solicitors and Canvassers
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|
76A, Solicitors and Canvassers, Religious
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195, Art. III
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76B, Spray Paint Cans or Containers
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278
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77, Street Attire
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281
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78, Streets and Sidewalks
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283
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80, Swimming Pools
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285
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80A, Tattooing
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291
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81, Tax Exemption for Senior Citizens
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293, Art. III
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81A, Tax Exemption for the Disabled
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81B, Tax Exemption for Veterans
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82, Taxicabs
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295
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83, Theaters
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298
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84, Towers and Antennas
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301
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85, Traffic Violations Bureau
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112
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86, Trees and Shrubbery
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304
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88, Trespass
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307
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89, Underground Utilities
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312
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90, Unsafe Buildings
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153
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92, Vehicles and Traffic
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319
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92B, Vehicles, Repair of
|
323
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93, Traffic Commission
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110
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94, Water
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330
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95A, Waterfront Consistency Review
|
332
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96, Weeds and Grass
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336
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97A, Youth Bureau
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119
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98, Zoning
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345
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99, Property Maintenance and Littering
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245
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App. Part I, Motel Standards
|
A401
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App. Part II, Land Subdivision Regulations
|
A402
|
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 Port Chester, 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 §
1-6 below.
All local laws and ordinances of a general and permanent nature of the
Village of Port Chester 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 §
1-6 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 Port Chester prior to the
effective date of this Article 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 Article in violation of any legislative provision of the Village
of Port Chester 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 Port Chester.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Port Chester.
E. Any local law or ordinance of the Village of Port Chester
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 Port Chester or any portion thereof.
F. Any local law or ordinance of the Village of Port Chester
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 Port Chester 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 legislation amending the Zoning Map.
L. Any legislation adopted subsequent to July 1, 1993.
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 Port Chester 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
by the Village Clerk of the Village of Port Chester by impressing thereon
the Seal of the village, 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 Port Chester" or any new local laws, ordinances 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 Port Chester 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, ordinances 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, ordinances or resolutions until such
changes, local laws, ordinances or resolutions are printed as supplements
to said Code book, at which time such supplements shall be inserted therein.
[Amended 11-3-1997 by L.L. No. 17-1997]
Copies of the Code may be purchased from the Village Clerk of the Village of Port Chester upon the payment of a fee as set forth in Chapter
175, Fees. The Board of Trustees 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 Port Chester or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of Port Chester
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.
In compiling and preparing the local laws, ordinances and resolutions
for publication as the Code of the Village of Port Chester, no changes in
the meaning or intent of such local laws, ordinances and resolutions have
been made. 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.
The provisions of this article are hereby made Article
II of Chapter
1 of the Code of the Village of Port Chester, such local law to be entitled "General Provisions, Article
II, Readoption of Code," and the sections of this article shall be numbered §§
1-4 to
1-16, inclusive.
This article shall take effect immediately upon filing with the Secretary
of State of the State of New York.