[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-28-1990 by L.L. No. 2-1990[1]]
[1]
Editor's Note: This local law included a disposition
of legislation list. Said list is on file in the office of the Village
Clerk.
In accordance with Subdivision 3 of § 20
of the Municipal Home Rule Law, the local laws, ordinances and certain
resolutions of the Village of Kings Point shall be known collectively
as the "Code of the Village of Kings Point," 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 Kings Point"
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 below,
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 Kings Point, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Kings Point 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repealed from and after the effective date of this local law.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 Kings Point 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 Kings Point, 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 Kings Point
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Kings Point.
E.
Any local law or ordinance of the Village of Kings
Point 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 Kings Point or any
portion thereof.
F.
Any local law or ordinance of the Village of Kings
Point 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 Kings Point 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 dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
All legislation regulating traffic.
M.
All legislation dealing with the Planning Board.
N.
All legislation dealing with the Zoning Commission.
O.
All legislation dealing with Police Department Rules
and Regulations.
P.
A 6-18-1963 ordinance regulating places of public
assembly.
Q.
A 2-21-1973 resolution dealing with the Joint Municipal
Commission.
R.
All legislation adopted subsequent to January 4, 1990.
If any clause, sentence, paragraph, section,
article 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 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 Kings
Point 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 Kings Point by impressing thereon the Seal
of the Village of Kings Point, 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, ordinances and resolutions
known collectively as the "Code of the Village of Kings Point," 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 Kings Point 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 Kings Point 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.
[Amended 5-19-2003 by L.L. No. 8-2003]
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any portion of the Village Code, or who otherwise alters or tampers with the Village Code in any manner whatsoever that will cause the legislation of the Village to be misrepresented thereby, shall be subject to the penalties provided in Chapter 116, Penalties.
In compiling and preparing the local laws, ordinances
and resolutions for publication as the Code of the Village of Kings
Point, 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.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
[Adopted 4-8-2010 by L.L. No. 1-2010]
A.
The Village
is exempt from all of its own local laws, rules, and regulations in
the performance of its governmental functions.
B.
For the
purposes of this exemption, "governmental functions" shall be defined
with the widest latitude so long as the Village is acting in the furtherance
of the public health, welfare, and safety, including, but not limited
to, providing a Village Hall; a public works garage, storage area,
or other facility; a parking lot; road repair; snow removal; sanitation
waste collection and treatment; and refuse and recyclable collection;
street lighting; traditional utility services; and cable, cellular,
wi-fi, and similar communication services.
C.
In the event
that there is any question as to whether or not the Village is acting
in its governmental capacity, there shall be a rebuttable presumption
that so long as the action is being undertaken with the permission
of the Village on property owned or leased by the Village, or, with
the authorization of the Village, being performed by Village employees
or contractors of the Village, the action is a governmental function.
D.
Any voluntary
action by the Village to abide by or follow all or a portion of its
local laws, rules, and/or regulations with regard to one or more of
its actions or functions shall not be deemed a waiver of the Village’s
subsequent decision with regard to the same, similar, or any other
subsequent action to fully exercise its right of exemption set forth
in this section.
E.
The exemption
set forth herein is solely for the benefit of the Village and no other
municipalities.
