[HISTORY: Adopted by the Board of Trustees
of the Village of Islandia: Art. I, 7-6-1989 by L.L. No. 4-1989.
Amendments noted where applicable.]
[Amended 7-6-1989 by L.L. No. 4-1989]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and certain resolutions of the Village of Islandia, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 177, are hereby adopted as the Code of the Village of Islandia, and such local laws and resolutions shall be known collectively as the "Code of the Village of Islandia," hereafter termed the "Code," and the various parts and sections of such local laws and resolutions shall be distributed and designated as provided in said Code. Wherever reference is made in any of the local laws and resolutions contained in the "Code of the Village of Islandia" to any other local law or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, Article number or section number as if such local law 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 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 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 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 Islandia, 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 Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Islandia 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and continued in force by reference therein are hereby repealed from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 provided for in § 1-3 of this local law shall not affect the following classes of local laws, 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 Islandia prior to
the effective date of this local law, or any action or proceeding
brought for the enforcement of such right or liability.
B.
An offense or act committed or done before the effective
date of this local law in violation of any legislative provision of
the Village of Islandia, 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 Islandia.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Islandia.
E.
Any local law of the Village of Islandia providing
for 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 Islandia or any portion thereof.
F.
Any local law of the Village of Islandia 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 Islandia or other instruments or evidence of the village's
indebtedness.
G.
Local laws 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 dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law amending the Zoning Map.
L.
All legislation adopted subsequent to September 3,
1987.
M.
All legislation relating to housing.
N.
All legislation relating to bicycles.
O.
All legislation relating to subdivision of land.
P.
All legislation relating to zoning.
Q.
Any legislation establishing a fee schedule.
If any clause, sentence, paragraph, section,
article or part of this local law or any local law or resolution included
in this Code or included in this Code 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 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 Islandia
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 to by the Village Clerk of
the Village of Islandia by impressing thereon the Seal of the Village
of Islandia, 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 the 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 and resolutions known collectively
as the "Code of the Village of Islandia," 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 or resolution contained herein, and such local laws
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 Islandia 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 Islandia 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 Islandia, or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the Village of Islandia 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 and resolutions for publication as the Code of the Village of Islandia, no changes in the meaning or intent of such local laws 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 and resolutions had been previously formally amended to read as such.
B.
In addition, the following changes, amendments or
revisions are made herewith, to become effective upon the effective
date of this local law. (Chapter and section number references are
to the local laws and resolutions as they have been renumbered and
appear in the Code.)
(1)
Ch. 6, Appearance Tickets.
(a)
Section 6-1 (original Section 1 of Local Law No. 4-1987, adopted 9-3-1987) is hereby amended to read as follows:
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§ 6-1. Purpose.
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The purpose of this chapter is to authorize
public servants of the Village of Islandia to issue and serve appearance
tickets in connections with violations of state statutes, local laws
or rules and regulations of the village which the public servants
are authorized or required to enforce.
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(b)
Section 6-2 (original Section 2 of Local Law No. 4-1987, adopted 9-3-1987) is hereby amended to read as follows:
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§ 6-2. Authorization.
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The following public servants of the village
are hereby authorized to issue and serve appearance tickets with respect
to violations of a state statute, local laws or rules and regulations
of the village that such public servants are, respectively, required
or authorized to enforce:
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A.
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Special services: protection of village property,
public health, safety and welfare of the citizens using village facilities.
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B.
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Sanitation Inspector.
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C.
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Code Enforcement Officer.
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D.
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Building Inspector.
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E.
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Plumbing Inspector.
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F.
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Fire Inspector.
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G.
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Town of Islip Animal Control Officers.
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This local law and the Code adopted hereby and
the regulations contained therein shall apply from the date of filing
of this local law to all property and/or persons within the Incorporated
Village of Islandia.
[During the process of codification, certain
complete new pieces of legislation were approved by the Board of Trustees
for inclusion in the Code of the Village of Islandia. Such new legislation
is noted in the histories of the individual chapters as "Adopted ...
during codification; see Ch. 1, General Provisions, Art II." In accordance
with recognized codification procedures, these new pieces of legislation
were adopted separately, and a complete enumeration of all chapters
in the Code affected by such legislation is set forth below, along
with specific dates of adoption.]
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Chapter
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Local Law No.
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Adoption Date
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Ch. 25, Ethics, Code of
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2-1988
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1-26-1988
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Ch. 49, Alcoholic Beverages
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3-1988
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1-26-1988
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Ch. 60, Buildings and Structures, Unsafe
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4-1988
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1-26-1988
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Ch. 67, Dogs and Other Animals
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5-1988
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1-26-1988
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Ch. 72, Excavations and Topsoil Removal
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6-1988
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1-26-1988
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Ch. 77, Firearms
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8-1988
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1-26-1988
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Ch. 82, Garage Sales
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7-1988
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1-26-1988
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Ch. 89, Graffiti
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10-1988
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1-26-1988
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Ch. 94, Handbills and Posters
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9-1988
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1-26-1988
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Ch. 104, Junkyards
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12-1988
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1-26-1988
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Ch. 111, Littering
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11-1988
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1-26-1988
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Ch. 118, Noise
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13-1988
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1-26-1988
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Ch. 127, Peddling and Soliciting
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14-1988
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1-26-1988
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Ch. 134, Records, Public Access to
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15-1988
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1-26-1988
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Ch. 144, Streets and Sidewalks
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16-1988
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1-26-1988
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Ch. 155, Trees
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17-1988
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1-26-1988
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Ch. 161, Vehicles, Abandoned and For Sale
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18-1988
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1-26-1988
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Ch. 164, Vehicles and Traffic
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1-1988
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1-26-1988
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Ch. 167, Vehicles, Off-Road
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19-1988
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1-26-1988
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