[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.
BOARD OF APPEALS or ZONING BOARD OF APPEALS
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
BUILDING INSPECTOR
CODE (unless otherwise specifically qualified)
COUNTY
COUNTY CLERK
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
HEALTH OFFICER
MAYOR
MUNICIPAL CODE
OWNER
PERSON
POLICE CHIEF or CHIEF OF POLICE
REGISTRAR OF VITAL STATISTICS
SEALER OF WEIGHTS AND MEASURES
SEWER SUPERINTENDENT
SUPERINTENDENT OF PUBLIC WORKS
TRUSTEE
VILLAGE, THIS VILLAGE or VILLAGE OF PULASKI
VILLAGE ATTORNEY or ATTORNEY
VILLAGE BOARD
VILLAGE CLERK-TREASURER or CLERK-TREASURER
VILLAGE ENGINEER
VILLAGE JUSTICE or POLICE JUSTICE
WATER BOARD
WATER COMMISSIONER
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:
The Board of Trustees of the Village of Pulaski, New York.
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]
The Village of Pulaski Municipal Code.
The County of Oswego in the State of New York.
The County Clerk of the County of Oswego in the State of New York.
The Fire Chief of the Village of Pulaski, New York.[2]
The official who serves as the Health Officer of the Village of Pulaski,
New York.
The Mayor of the Village of Pulaski, New York.
The Village of Pulaski Municipal Code.
A person who has the legal title, alone or with other, or exercises
dominion or control over property both real and personal.
One or more persons of either sex, natural person, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities capable of being sued.
The Police Chief of the Village of Pulaski, New York.
The Registrar of Vital Statistics of the Village of Pulaski, New
York.
The Sealer of Weights and Measures of the County of Oswego in the
State of New York.
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]
The Village official in charge of the Village Department of Public
Works in the Village of Pulaski, New York.
A Trustee of the Village of Pulaski, New York.
The Village of Pulaski situate in the County of Oswego and State
of New York.
The Village Attorney of the Village of Pulaski, New York.
The Board of Trustees of the Village of Pulaski, New York.
The Village Clerk-Treasurer of the Village of Pulaski, New York.
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.
The Village Justice of the Village of Pulaski, New York.
The Water Board of the Village of Pulaski, New York.
A member of the Water Board of the Village of Pulaski, New York.
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.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
