[HISTORY: Adopted by the Board of Trustees of the Village of Hudson
Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-16-1992 by L.L. No. 4-1992]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions of the Village
of Hudson Falls shall be known collectively as the "Code of the Village of
Hudson Falls," 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 Hudson Falls" 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 Hudson Falls, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 Hudson Falls 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reference therein are hereby repealed from and after the effective date of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 Hudson Falls 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 Hudson Falls 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 Hudson
Falls.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Hudson Falls.
E. Any local law or ordinance of the Village of Hudson Falls
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 Hudson Falls or any portion thereof.
F. Any local law or ordinance of the Village of Hudson Falls
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 Hudson Falls 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. Any legislation adopted subsequent to February 1, 1992.
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 Hudson Falls 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 Hudson Falls by impressing thereon
the Seal of the Village of Hudson Falls, 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 Hudson Falls" 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 Hudson Falls 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 Hudson Falls 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.
[Amended 10-12-2004 by L.L. No. 6-2004]
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 Hudson Falls or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of Hudson Falls
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 not exceeding $250 or imprisonment for a period not exceeding 15
days, or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of three years, punishable
by a fine of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 30 days, or both; and upon conviction for a third offense or
subsequent offense, all of which were committed within a period of five years,
punishable by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days, or both.
A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Hudson Falls, 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.)
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Hudson Falls, 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.