[HISTORY: Adopted by the Board of Trustees of the Village of Westfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-30-1995 by L.L. No. 5-1995]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Westfield, 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 Westfield," 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 Westfield" 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 in the Code 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 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 Westfield, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 and ordinances of a general and permanent nature of the
Village of Westfield 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therein are hereby repealed from and after the effective date of this local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 § 1-3 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 Westfield 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 Westfield 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 Westfield.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Westfield.
E.
Any local law or ordinance of the Village of Westfield
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 Westfield or any portion thereof.
F.
Any local law or ordinance of the Village of Westfield
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 Westfield 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 annexation or dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any legislation adopted subsequent to January 16, 1995.
M.
Legislation relating to water and the water system of
the Village.
If any clause, sentence, paragraph, section, Article, chapter 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, 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 Westfield 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 Westfield by impressing thereon the
Seal of the Village of Westfield, 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, ordinances and resolutions known collectively as the "Code
of the Village of Westfield" 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 Westfield 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 Westfield 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 Westfield or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of Westfield 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.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Westfield, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B, C and D 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 amendments and/or additions
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: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "amended (added) 10-30-1995 by L.L. No. 5-1995." A complete description of all changes is on file in the Village offices.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
[Adopted 10-30-1995 by L.L. No. 5-1995]
Except where a penalty is specifically provided in legislation contained
in this Code or inserted into this Code subsequent to publication, a violation
of any of the provisions of this Code shall be punishable by a fine of $250
or a term of imprisonment not to exceed 15 days, or both. Each day's
violation shall be considered a separate and distinct offense.
Whenever the terms "he," "him" or "his" or any pronouns referencing
the masculine gender shall be used, such terms shall be construed to include
the feminine and the neuter.
