Village of Massapequa Park, NY Chapter 1 General Provisions

[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 1-7-1991 by L.L. No. 1-1991]

§ 1-1 Legislative intent.

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Massapequa Park shall be known collectively as the "Code of the Village of Massapequa Park," 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 Massapequa Park" 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.

§ 1-2 Continuation of existing provisions.

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 Massapequa Park, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.

§ 1-3 Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Village of Massapequa Park 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.

§ 1-4 Enactments saved from repeal; matters not affected.

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 Massapequa Park 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 Massapequa Park, 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 Massapequa Park.

D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Massapequa Park.

E. Any local law or ordinance of the Village of Massapequa Park 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 Massapequa Park or any portion thereof.

F. Any local law or ordinance of the Village of Massapequa Park 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 Massapequa Park 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. Any legislation adopted subsequent to November 13, 1989.

§ 1-5 Severability.

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.

§ 1-6 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Village Administrator of the Village of Massapequa Park 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 Administrator of the Village of Massapequa Park by impressing thereon the Seal of the Village of Massapequa Park, and such certified copy shall remain on file in the office of said Village Administrator 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.

§ 1-7 Amendments to Code.

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 Massapequa Park," 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.

§ 1-8 Code book to be kept up-to-date.

It shall be the duty of the Village Administrator to keep up-to-date the certified copy of the book containing the Code of the Village of Massapequa Park required to be filed in the office of the Village Administrator 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.

§ 1-9 Sale of Code book; supplementation.

Copies of the Code may be purchased from the Village Administrator of the Village of Massapequa Park 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.

§ 1-10 Penalties for tampering with Code.

[Amended 11-22-1993 by L.L. No. 14-1993]

Any person who, without authorization from the Village Administrator, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Massapequa Park or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Massapequa Park to be misrepresented thereby or who violates any other provisions of this local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine or imprisonment for a term of not more than fifteen (15) days, or both.

§ 1-11 Changes in previously adopted legislation.

A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Massapequa Park, 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.

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, ordinances and resolutions as they have been renumbered and appear in the Code.)[1]

[1] Editor's Note: Pursuant to § 1-11B, the following sections were added or amended: §§ 34-2A, 38-1, Ch. 42 (§§ 42-1 and 42-2), Art. II of Ch. 70 (§§ 70-5 through 70-10), § 74-1A, Art. III of Ch. 74 (§§ 74-10 through 74-21), Part 3 of Ch. 74 (§§ 74-46 through 74-49), §§ 100-3, 110-2, 154-3, 154-15, 154-17B, 154-18A, Ch. 170 (§§ 170-1 through 170-5), §§ 174-4, 178-4, 198-2, 202-1, Ch. 204 (§§ 204-1 and 204-2), §§ 218-3, 226-7, Ch. 230 (§§ 230-1 through 230-9), §§ 234-3, 240-2, 248-5, 248-7, 248-10, 248-12, 248-13, 248-14B, 248-21B, 248-22, 248-24, 248-26A, 248-27, 248-28, 248-29, 248-30, 248-31, 248-33D, 248-34C, D and E, 248-35, 248-38, 248-39B, 248-70, 248-71C, 248-72, 248-76, 248-78, 248-81, 248-105, 248-122, 248-123, 248-130A, 248-133, 248-136, 248-137, 248-139, 248-145, 248-147, 248-148, 252-12, 260-2, 260-3, 260-4, 260-6, 274-18F, Ch. 286 (§§ 286-1 through 286-25), §§ 298-12, 298-16, 298-20, 298-22, Art. V of Ch. 298 (§§ 298-27 and 298-28), Art. VI of Ch. 298 (§§ 298-29 through 298-40), §§ 300-3A, 300-19B(5)b)[1], Art. IV of Ch. 300 (§§ 300-35 through 300-42), § 304-18, Art. II of Ch. 304 (§§ 304-19 through 304-22), 306-4, 306-17, 306-19D, 306-29A, Art. II of Ch. 306 (§ 306-39), § 314-7, Ch. 330 (§§ 330-1 through 330-9), Ch. 345 (references throughout to "Board of Appeals" were revised to refer to "Zoning Board of Appeals."), §§ 345-5, 345-17B, 345-22A(35), 345-23D and Ch. A350 (§ A350-1).  The following original sections were repealed: in Ch. 100, original Sections 7-206, 7-207, 7-208, 7-209, 7-210, 7-211, 7-212, 7-213, 7-214, 7-215, 7-216, 7-218, 7-225, 7-226 and 7-227; in Ch. 154, original Section 7-3; in Ch. 234, original Sections 12-131 and 12-132; and in Ch. 248, original Sections 7A-7-2, 7A-7-4, 7A-7-5, 7A-7-6, 7A-11-6, 7A-11-10, 7A-12-1, 7A-12-2, 7A-12-3, 7A-12-14, 7A-12-15, 7A-12-17, 7A-12-19, 7A-13-2, 7A-15-4, 7A-15-5, 7A-17-4, 7A-19-8 and original Articles 8, 9 and 10.  A complete description of each change is included in L.L. No. 1-1991, a copy of which is on file in the office of the Village Clerk.

C. Fees. The following sections are hereby amended to delete the specific fees and add the provision that fees shall be as provided for in Chapter A350, Fees.[2]

[2] Editor's Note: Pursuant to § 1-11C, the following sections were amended: §§ 74-9, 74-25, 74-32A and C, 74-41, 78-1, 90-11C, 116-7, 136-23A(1), (2), (3) and (4), 142-4, 154-24, 154-33, 164-4, 178-2, 192-2, 214-4, 234-2, 240-10, 248-16, 248-19, 248-32, 248-33C, 260-7, 268-4, 268-14, 272-7A and B, 274-12, 298-15, 300-4A and D, 306-25A, 306-34A 314-4, 345-12B(1), (2) and (3), 345-12D and 345-41D(1) and (2).

§ 1-12 (Reserved) [1]

[1] Editor's Note: Former § 1-12, Penalties for offenses, was repealed 9-27-1993 by L.L. No. 8-1993.

§ 1-13 Incorporation of provisions into Code.

  The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Massapequa Park, 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 1-14, inclusive.

§ 1-14 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

Article II General Penalties

[Adopted 10-6-2008 by L.L. No. 7-2008]

§ 1-15 Penalties for unlawful activity, offenses or violations.

A. Penalties.

(1) Whenever in this Code or in any local law of the Village any act is prohibited or is made or declared to be unlawful or an offense or a violation or whenever in this Code or any local law the doing of any act is required or the failure to do any act is declared to be unlawful, an offense or a violation, and where no specific penalty is provided therefor, the person, firm or corporation who or which violates the same shall be subject to punishment as follows:

(a) First offense: by a fine not less than $250, not to exceed $2,000, or by imprisonment not exceeding 15 days, or both.

(b) For a second offense within three months after a first offense: by a fine not less than $500, not to exceed $3,000, or by imprisonment not exceeding 15 days, or both.

(c) For a third offense within three months of a second offense, which took place within three months of the first offense: by a fine not less than $1000, not to exceed $5,000, or by imprisonment not exceeding 15 days, or both.

(2) The minimum fine to be imposed for any conviction shall be $250.

B. Continuing violations. Each day that any such unlawful act, offense or violation shall continue or exist shall constitute a separate and independently punishable offense.

C. Public nuisance. In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be abated by the Village as provided by law.

D. Penalties not exclusive. No penalty specified in this article shall be the exclusive penalty or remedy to address any offense or violation of the Village Code and/or any local law. Each penalty herein shall be in addition to and not in substitution for or limitation of other penalties and/or remedies specified in the Village Code and/or local laws and/or any other applicable law. Any alternative remedy or penalty may be sought simultaneously with any other penalty or remedy permitted by law. The Board of Trustees may enforce obedience of its laws by injunction or institute any appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use or division of property, to restrain, correct or abate such violation to prevent the occupancy of a building, structure or land or to prevent any illegal act, conduct, business, or use in or about the Village.

E. Conflict. In the event that the penalty provisions of this article are in conflict with the penalty or remedial provisions of other portions of the Village Code, local laws or other applicable law, the penalty which is most severe shall control and be levied. In all cases where the same offense or violation may be punishable pursuant to more than one provision, clause or section of the Village Code and/or local laws of the Village, the prosecuting officer shall have the discretion under which to proceed.

§ 1-16 Enforcement of penalties.

Obedience to the provisions herein may be enforced either by criminal information for the penalties herein prescribed as well as by prosecution of the offender, or by civil action for a penalty, or by civil remedy at law or in equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this Code or any local law. Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code nor a judgment in or the pendency of a civil action at law or in equity shall be a bar to any other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit the violation to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.

§ 1-17 Persons liable.

Any person or entity who or which causes, permits, suffers or allows any other person or entity to perform an act or refrain from the performance of any act which is a violation and/or offense of the Code and/or local laws shall be subject to the penalties outlined in this article as if such person and/or entity committed the offense and/or violation. The owner, agent, landlord or tenant of any building, structure, premises or land, or any part thereof, in or on which any violations of any provision of this Code shall have been committed or shall exist and any agent, builder, contractor, corporation or any other person who commits, assists or was employed in connection with such violation or who maintains any building, structure, premises or land in or on which such violation shall exist shall be deemed to have notice of such violation, shall be guilty of a separate offense and for the offense committed and shall be punishable as provided herein.

§ 1-18 Failure of officers or employees to perform duties.

The failure of any officer or employee of the Village to perform an official act imposed by this Code shall not be an offense, and shall not subject such officer or employee to the penalty imposed for the violation of any provision of this Code, unless a penalty is specifically provided therefor.

§ 1-19 Deputies, assistants and representatives.

Wherever any officer of the Village is granted certain powers or duties or is designated as the enforcement officer of a specific chapter or portion thereof, such shall also be construed to include the deputies, assistants and representatives of such officer as may be designated, delegated or authorized by the Board of Trustees to exercise such powers or duties. While acting within the scope of their employment, it shall be presumed that all acts performed by such deputies, assistants and representatives were duly delegated and authorized.

§ 1-20 Applicability of Municipal Home Rule Law.

If any provision of the Village Code is inconsistent with any provision of the New York State Village Law, pursuant to the authority contained in Subdivision 1, Paragraph (e), Subparagraph [3] of § 10 of the Municipal Home Rule Law, the laws of the Incorporated Village of Massapequa Park shall supersede the New York State Village Law and New York State Village Law is hereby modified and superseded in its application but only to the extent that the New York State Village Law is inconsistent with any provision of the Code of the Incorporated Village of Massapequa Park.

§ 1-21 Interpretation.

The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the laws contained herein are enacted.