In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Liverpool referred to in §
1-2 below shall be known collectively as the "Code of the Village of Liverpool," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in §
1-2 of this article. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Village of Liverpool" 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, as distributed and renumbered in §
1-1 above, 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 Liverpool, 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 Only such provisions of former local laws and ordinances as are omitted from this code shall be deemed repealed or abrogated by the provisions of §
1-4 below.
All local laws and ordinances of a general and
permanent nature of the Village of Liverpool 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repealed from and after the effective date of this local law.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 §
1-4 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 Liverpool 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 Liverpool, 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 Liverpool.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Liverpool.
E. Any local law or ordinance of the Village of Liverpool
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 Liverpool or any
portion thereof.
F. Any local law or ordinance of the Village of Liverpool
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 Liverpool 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 adopted subsequent to November 24,
1986.
If any clause, sentence, paragraph, section, article or part of this local law or of any local law, ordinance or resolution cited in the table in §
1-2 hereof, or any legislation 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 Liverpool
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 Liverpool by impressing thereon the Seal of the Village
of Liverpool, 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 Liverpool," 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 Liverpool 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 Liverpool 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 Liverpool, or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Village of Liverpool 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.
Except where specifically provided elsewhere,
any person who shall commit an offense against any provision of the
Code of the Village of Liverpool shall, upon conviction thereof, be
guilty of a violation pursuant to the Penal Law of the State of New
York, punishable by a fine not exceeding $250 or by imprisonment for
not exceeding 15 days, or by both such fine and imprisonment.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Liverpool, such local law to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-1 to
1-15, inclusive.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.