Village of Pulaski, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Pulaski as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-4-1975 by L.L. No. 1-1975 as §§ 1.2, 1.3, 1.5 and 1.8 - 1.15 of the 1975 Code]
A. 
When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
BOARD OF APPEALS or ZONING BOARD OF APPEALS
The Board of Appeals of the Village of Pulaski, New York appointed in accordance with the provisions of Chapter 160 of this Code and § 7-712 of the Village Law.[1]
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
The Board of Trustees of the Village of Pulaski, New York.
BUILDING INSPECTOR
The enforcement officer of the Village of Pulaski responsible for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code, and other related laws and regulations pertaining to buildings.
[Amended 4-12-2004 by L.L. No. 1-2004]
CODE (unless otherwise specifically qualified)
The Village of Pulaski Municipal Code.
COUNTY
The County of Oswego in the State of New York.
COUNTY CLERK
The County Clerk of the County of Oswego in the State of New York.
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
The Fire Chief of the Village of Pulaski, New York.[2]
HEALTH OFFICER
The official who serves as the Health Officer of the Village of Pulaski, New York.
MAYOR
The Mayor of the Village of Pulaski, New York.
MUNICIPAL CODE
The Village of Pulaski Municipal Code.
OWNER
A person who has the legal title, alone or with other, or exercises dominion or control over property both real and personal.
PERSON
One or more persons of either sex, natural person, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
POLICE CHIEF or CHIEF OF POLICE
The Police Chief of the Village of Pulaski, New York.
REGISTRAR OF VITAL STATISTICS
The Registrar of Vital Statistics of the Village of Pulaski, New York.
SEALER OF WEIGHTS AND MEASURES
The Sealer of Weights and Measures of the County of Oswego in the State of New York.
SEWER SUPERINTENDENT
The enforcement officer of the Village of Pulaski to administer and enforce Chapter 46, entitled "Sanitary Sewers" of this Municipal Code.
[Amended 4-12-2004 by L.L. No. 1-2004]
SUPERINTENDENT OF PUBLIC WORKS
The Village official in charge of the Village Department of Public Works in the Village of Pulaski, New York.
TRUSTEE
A Trustee of the Village of Pulaski, New York.
VILLAGE, THIS VILLAGE or VILLAGE OF PULASKI
The Village of Pulaski situate in the County of Oswego and State of New York.
VILLAGE ATTORNEY or ATTORNEY
The Village Attorney of the Village of Pulaski, New York.
VILLAGE BOARD
The Board of Trustees of the Village of Pulaski, New York.
VILLAGE CLERK-TREASURER or CLERK-TREASURER
The Village Clerk-Treasurer of the Village of Pulaski, New York.
VILLAGE ENGINEER
The engineer or engineering firm retained by the Village of Pulaski, New York, to serve in the capacity of engineer or consulting engineer to the Village of Pulaski.
VILLAGE JUSTICE or POLICE JUSTICE
The Village Justice of the Village of Pulaski, New York.
WATER BOARD
The Water Board of the Village of Pulaski, New York.
WATER COMMISSIONER
A member of the Water Board of the Village of Pulaski, New York.
[1]
Editor's Note: The definition of "Assessor," which immediately preceded this definition, was deleted 4-12-2004 by l.L. No. 1-2004.
[2]
Editor's Note: The definition of "Fire Marshall," which immediately followed this definition, was deleted 4-12-2004 by L.L. No. 1-2004.
B. 
All other words in this Code and not otherwise specifically defined shall be construed 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.
A. 
The repeal of a chapter, in whole or in part, contained in this Code shall not revive any prior ordinance or local law heretofore repealed.
B. 
The repeal of any chapter, in whole or in part, contained in this Code shall not affect any punishment or penalty incurred, nor shall it have any effect on existing litigation and it shall not operate as an abatement of any action or proceeding pending or which may be brought by virtue of the chapter or part thereof so repealed for any violation or act committed prior to the effective date of the repeal unless specifically abated.
Any material contained in brackets shall not be deemed to be a part of this Code. Such material contained therein is intended to show the adoption date, effective date and comments on any changes. Likewise, any commentaries, footnotes, cross references, citations of authority or other annotations shall not be deemed a part of this Code but are inserted editorially solely to assist in the use and interpretation of this Code.
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.
A. 
Where no specific penalty is prescribed in any chapter contained in this Code, or in any other provision of law, for any act which is prohibited or for the failure to do any act which is required and is made or declared to be unlawful, the violation thereof shall constitute a violation pursuant to the Penal Law, punishable by a fine of not more than $250, imprisonment for not more than 15 days, or both such fine and imprisonment.
[Amended 4-12-2004 by L.L. No. 1-2004]
B. 
In all cases the Board of Trustees may enforce obedience of any provisions of this Code by injunction.
The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the chapters contained herein are enacted.
[Adopted 4-12-2004 by L.L. No. 1-2004]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Pulaski, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 160, together with an Appendix, shall be known collectively as the "Code of the Village of Pulaski," 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 Pulaski" 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 Pulaski, 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 § 1-10 below.
All local laws and ordinances of a general and permanent nature of the Village of Pulaski 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, including the 1975 Code, are hereby repealed from and after the effective date of this local law.
The repeal of local laws and ordinances provided for in § 1-10 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 Pulaski 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 Pulaski 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 Pulaski.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Pulaski.
E. 
Any local law or ordinance of the Village of Pulaski 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 Pulaski or any portion thereof.
F. 
Any local law or ordinance of the Village of Pulaski 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 Pulaski 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 4-10-2002.
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-Treasurer of the Village of Pulaski 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-Treasurer of the Village of Pulaski by impressing thereon the Seal of the Village of Pulaski, and such certified copy shall remain on file in the office of said Village Clerk-Treasurer 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 Pulaski" 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-Treasurer to keep up-to-date the certified copy of the book containing the Code of the Village of Pulaski required to be filed in the office of the Village Clerk-Treasurer 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-Treasurer, or an authorized agent of the Clerk-Treasurer, upon the payment of a fee to be set by resolution of the Board of Trustees. The Clerk-Treasurer may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the Village Clerk-Treasurer, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Pulaski or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Pulaski 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 Pulaski, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B, C and D 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. 
References to the specific articles and sections of the New York Statutes and the Official Compilation of Codes, Rules and Regulations (NYCRR) are revised to reflect the numbering of the statutes and NYCRR as of the publication of this Code.
C. 
Nomenclature:
(1) 
References to the "State Building Construction Code" are changed to "State Uniform Fire Prevention and Building Code."
(2) 
References to "Clerk" and "Treasurer" are changed to "Clerk-Treasurer."
(3) 
References to "Water Commission" and "Board of Water Commissioners" are changed to "Water Board."
(4) 
References to "Master Plan" are changed to "Comprehensive Plan."
(5) 
Throughout Chapter 160, Zoning:
(a) 
All references to "drive-in" are amended to read "drive-in/drive-up."
(b) 
All references to "garage, commercial" and "commercial garage" are updated to read "garage, commercial, public and motor vehicle sales" and "commercial, public and motor vehicle sales garage," respectively.
(c) 
All references to "Zoning Officer" are revised to read "Zoning Enforcement Officer."
D. 
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 § 1-18D, 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 II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 4-12-2004 by L.L. No. 1-2004." 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 II of Chapter 1 of the Code of the Village of Pulaski, such local law to be entitled "General Provisions, Article II, Adoption of Code," and the sections of this local law shall be numbered §§ 1-8 to 1-20, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.