In accordance with Subdivision 3 of § 20
of the Municipal Home Rule Law, the local laws of the Village of Maybrook
shall be known collectively as the "Code of the Village of Maybrook,"
hereafter termed the "Code." Wherever reference is made in any of
the local laws contained in the "Code of the Village of Maybrook"
to any other local law 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
had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law. 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 Maybrook, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 of a general and permanent nature
of the Village of Maybrook 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in force by reference therein are hereby repealed from and after the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 Maybrook 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 Maybrook 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 Maybrook.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Maybrook.
E. Any local law of the Village of Maybrook 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 Maybrook or any portion thereof.
F. Any local law of the Village of Maybrook 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 Maybrook 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 or ordinance amending the Zoning Map.
L. Any legislation concerning zoning.
M. Any legislation regulating vehicles and traffic.
N. Any legislation adopted subsequent to November 26,
1990.
If any clause, sentence, paragraph, section,
article, chapter or part of this local law or of any local law 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 Maybrook
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 Maybrook by impressing thereon the Seal of the Village
of Maybrook, 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 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 known collectively as the
"Code of the Village of Maybrook" or any new local laws 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 contained
herein, and such local laws 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 Maybrook 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 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 and local laws until such changes and local laws 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 Maybrook 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 Maybrook or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the Village of Maybrook 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Maybrook, 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
1-13, inclusive.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.