[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas
Joel: Art. I, 4-28-1995 as L.L. No. 6-1995.
Amendments noted where applicable.]
[Adopted 4-28-1995 as L.L. No. 6-1995]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and certain resolutions of the Village of Kiryas Joel, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 155, together with an Appendix, shall be known collectively as the "Code of the Village of Kiryas Joel," hereinafter termed the "Code." Wherever reference is made in any of the local laws and resolutions contained in the "Code of the Village of Kiryas Joel" 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 appearing in the Code 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 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 Kiryas Joel, 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 Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 of a general and permanent nature of the Village of Kiryas
Joel 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hereby repealed as of the effective date of this local law.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 Kiryas Joel 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 Kiryas Joel 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 Kiryas
Joel.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Kiryas Joel.
E.
Any local law of the Village of Kiryas Joel 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 Kiryas Joel or any portion thereof.
F.
Any local law of the Village of Kiryas Joel 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 Kiryas
Joel or other instruments or evidence of the village's indebtedness.
G.
Local laws or resolutions 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 local law amending the Zoning Map.
L.
Any legislation adopted subsequent to November 5, 1993.
If any clause, sentence, paragraph, section, Article, chapter or part
of this local law or any local law 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 Kiryas Joel 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 of the Village of Kiryas Joel by impressing thereon the
Seal of the Village of Kiryas Joel, 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 notice of enactment 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 Kiryas Joel" 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 Kiryas Joel 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 Kiryas Joel 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 Kiryas Joel or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of Kiryas Joel
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.
In compiling and preparing the local laws and resolutions for publication
as the Code of the Village of Kiryas Joel, no changes in the meaning or intent
of such local laws 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 and resolutions
had been previously formally amended to read as such.
