[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park: Art. I, 2-21-1990 by L.L No. 1-1990. Amendments noted where applicable.]
Article I Adoption of Code
[Adopted 2-21-1990 by L.L. No. 1-1990]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Tuxedo Park as codified by General Code Publishers Corp. and consisting of Chapters 1 through 100, are hereby adopted as the Code of the Village of Tuxedo Park, and such local laws, ordinances and resolutions shall be known collectively as the "Code of the Village of Tuxedo Park," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided in said Code. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Village of Tuxedo 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 as if such local law, ordinance or resolution had been formally amended to so read.
Terms defined. As used in the Code of the Village of Tuxedo Park, unless the context otherwise requires, the following terms shall have the meanings indicated:
- BOARD OF ARCHITECTURAL REVIEW
- The Board of Architectural Review of the Village of Tuxedo Park.
- BOARD OF TRUSTEES OR VILLAGE BOARD
- The Board of Trustees of the Village of Tuxedo Park.
- BOARD OF ZONING APPEALS OR BOARD OF APPEALS
- The Board of Zoning Appeals of the Village of Tuxedo Park.
- BUILDING INSPECTOR
- The person appointed by the Board of Trustees to serve as Building Inspector for the Village, or his duly authorized representative.
- CHIEF OF POLICE
- The Chief of Police of the Village of Tuxedo Park Police Department.
- The Code of the Village of Tuxedo Park, as adopted by this local law and as may be subsequently amended.
- DEPARTMENT OF PUBLIC WORKS
- The Department of Public Works of the Village of Tuxedo Park.
- The Mayor of the Village of Tuxedo Park.
- An individual, partnership, corporation or association, including those acting in a fiduciary or representative capacity, whether appointed by a court or otherwise. Whenever used in any clause prescribing or imposing a penalty, the word "person," as applied to partnerships or associations, shall include the partners or members thereof, and if applied to corporations, the officers thereof.
- PLANNING BOARD
- The Planning Board of the Village of Tuxedo Park.
- POLICE DEPARTMENT
- The Police Department of the Village of Tuxedo Park.
- PUBLIC WORKS SUPERINTENDENT
- The Superintendent of Public Works of the Village of Tuxedo Park.
- Includes streets, highways, parkways and roads of the Village of Tuxedo Park.
- The Village of Tuxedo Park, Orange County, New York.
- VILLAGE CLERK
- The Village Clerk of the Village of Tuxedo Park, appointed as provided by law, or his or her authorized representative.
- VILLAGE LAW
- Chapter 64 of the Consolidated Laws of the State of New York, as amended.
Word usage. As used herein:
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 Tuxedo 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 § 1-4 below.
All local laws and ordinances of a general and permanent nature of the Village of Tuxedo 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.
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:
Any right or liability established, accrued or incurred under any legislative provision of the Village of Tuxedo Park prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.
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 Tuxedo Park, or any penalty, punishment or forfeiture which may result therefrom.
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 Tuxedo Park.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Tuxedo Park.
Any local law or ordinance of the Village of Tuxedo 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 Tuxedo Park or any portion thereof.
Any local law or ordinance of the Village of Tuxedo 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 Tuxedo Park or other instruments or evidence of the Village's indebtedness.
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any legislation relating to salaries.
Any local law or ordinance amending the Zoning Map.
All legislation adopted subsequent to May 24, 1988.
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 or 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 Tuxedo 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 Clerk of the Village of Tuxedo Park by impressing thereon the Seal of the Village of Tuxedo Park, 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 Tuxedo 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.
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 Tuxedo Park 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 Tuxedo 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.
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 Tuxedo Park, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Tuxedo Park 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 Tuxedo Park 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. Unless otherwise specifically provided herein, the continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation.
Property owners and occupiers shall be responsible for the actions of their employees in regard to compliance with this Code. Servants, sitters, gardeners, contractors and the like, whether full-time or part-time, directly employed, contracted or volunteer, shall be deemed to be operating under the direction of the owner or occupier and hence considered his delegate. Appearances, penalties, corrective measures and their attendant costs shall be the responsibility and burden of the owner or occupier regardless of whether the subject violation is traceable to him, his family, his guests, his employees, prior owners or any other party he knowingly admits on his property.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Tuxedo 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.
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.)
Editor's Note: Pursuant to § 1-14B, the following sections were added or amended: §§ 12-2; 17-4; Ch. 21; § 27-1; Ch. 32; Ch. 36; §§ 47-1; 47-3B; 47-6A; 47-7; 47-10B; 47-17; Ch. 53; Ch. 58; §§ 65-3A and D; 65-5; 65-7B; Ch. 70; §§ 71-1; 71-2; 75-3; 75-9; 75-11A; 75-13; 75-17A; Ch. 75, Arts. III and IV; §§ 85-3; 85-4C; 85-11; 100-2B; 100-6; 100-9B; 100-10; 100-10.1; 100-11; 100-12; 100-13; 100-14; 100-14.1; 100-15; 100-19B; 100-22; 100-23; 100-24B(2); 100-24H; 100-26B; 100-27; 100-28; 100-31; 100-32B; 100-33; 100-37; 100-38; 100-40; 100-41B and D; 100-44; 100-46; 100-48C(7)(b); 100-50B; 100-53B(3) and (5), E, F and G; 100-55.
In addition, the following entirely new chapters and Articles were adopted: Ch. 3; Ch. 18; Ch. 25; Ch. 29; Ch. 30; Art. I; Ch. 40; Ch. 51; Ch. 60; Ch. 73; Ch. 78; Ch. 83; Ch. 87; Ch. 91; Ch. 93; Ch. 94; and Ch. 97.
A complete description of each change or new chapter is included in L.L. No. 1-1990, a copy of which is on file in the office of the Village Clerk.
This local law and the Code adopted hereby and the regulations contained therein shall apply from the date of filing of this local law to all property and/or persons within the Incorporated Village of Tuxedo Park. Those existing conditions which are herein prohibited or curtailed shall be permitted to continue, but without expansion, for a maximum period of one year from the date stated above.