[HISTORY: Adopted by the Board of Trustees of the Village of Horseheads
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1995 by L.L.
No. 4-1995]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Horseheads, as recodified by General Code Publishers Corp., and consisting of Chapters 1 through 245, together with an Appendix, shall be known collectively as the "Code of the Village of Horseheads," 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 Horseheads" 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 Horseheads, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Horseheads 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therein are hereby repealed from and after the effective date of this local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 Horseheads 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 Horseheads 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 Horseheads.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Horseheads.
E.
Any local law or ordinance of the Village of Horseheads
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 Horseheads or any portion thereof.
F.
Any local law or ordinance of the Village of Horseheads
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 Horseheads 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 relating to signs.
M.
Any legislation adopted subsequent to May 15, 1995.
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 Horseheads 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 Horseheads by impressing thereon the
Seal of the Village of Horseheads, 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 Horseheads" 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 Horseheads 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 Horseheads 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 Horseheads or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of Horseheads 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 two hundred fifty dollars ($250.) or imprisonment
for a term of not more than fifteen (15) days, or both.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Horseheads, 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 (1) 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 Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "amended (added) 11-16-1995 by L.L. No. 4-1995." A complete description of the 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 1-13-2000 by L.L.
No. 1-2000[1]]
It is the intent of the Village of Horseheads Board of Trustees to provide
alternative procedures for the enforcement of the Village Code, or any ordinance,
resolution or local law of the village by providing that the violation of
the Code, ordinance, resolution or local law shall constitute a violation,
and a violator shall be subject to a penalty of a fine, imprisonment, or both;
further, in the event that the amount of the penalty is within the monetary
jurisdiction of the Justice Court, to authorize the Village Attorney or Enforcement
Officer to elect to collect such penalty in either the regular or Small Claims
parts of the Justice Court.
A.
The Village of Horseheads Board of Trustees hereby enacts
this article to provide a process for the imposition of criminal prosecution,
civil penalties, or both, for the enforcement of the Village Code or any ordinance,
resolution or local law of the village.
B.
Whenever in the Village Code or in any ordinance, resolution
or local law of the village an act is prohibited or is made or declared to
be unlawful, or an offense, or whenever in such Code, ordinance, resolution
or local law the doing of an act is required, mandated or the failure to do
such an act is declared to be unlawful, and there is no specific penalty provided
therefor, the offense shall constitute a violation as prescribed in § 55.10
of the Penal Law of the State of New York and shall be punishable by a fine
as prescribed herein or by imprisonment not exceeding 15 days, or both, and
shall also be punishable by a civil fine as prescribed herein, or by both.
A violation shall be enforced by either or both of the following:
(1)
Prosecution of a violation by an action to recover civil
penalty.
(a)
If the village elects to prosecute a violation by an
action to recover a civil penalty, a civil penalty not exceeding $250 for
a first offense; for a conviction of a second offense involving the particular
Code, ordinance, resolution or local law, both of which were committed within
a period of five years, a civil penalty of not less than $250 nor more than
$500; and for a conviction of a third or subsequent offense involving the
particular code, ordinance, resolution or local law, all of which were committed
within a period of five years, a civil penalty of not less than $500 nor more
than $1,000.
(b)
The village authorizes the issuance of a summons pursuant
to the Civil Practice Law and Rules of New York State for any violation referred
to above. Such summons may be issued by the Village Manager, Code Enforcement
Officer, Community Service Officers or other official authorized by the village
to assist in the enforcement of the Code, ordinance, resolution or local law
alleged to have been violated. An answer to such summons may be made by registered
or certified mail, return receipt requested, within 10 days from the date
of service of such summons upon the defendant. Such answer will be in lieu
of a personal appearance at the time and in the court specified as the return
date for such summons, if the person charged admits to such violation and
follows the following procedures. If a person against whom a violation has
been claimed admits to such violation, such person shall be subject to a civil
penalty. Such person may complete the appropriate form authorized by this
article and forward such form and summons to the office specified on such
summons with a check, cash or money order in the amount of $100, except that
when the person was found to have violated the particular Code, ordinance,
resolution or local law within the preceding five years, such check, cash
or money order shall be in the amount of $200, and except that when the person
was found to have previously committed two or more such violations within
the preceding five years, the amount of the check, cash or money order shall
be in the amount of $300.
(c)
If a person charged with the violation denies any or
all parts of the violation as charged in the summons, such person shall appear
in Justice Court as required by the summons and answer the charge(s).
(2)
Prosecution of a violation pursuant to penal law.
(a)
If the village elects to prosecute a violation pursuant
to the Penal Law, a fine not exceeding $250 or imprisonment for a period not
to exceed 15 days, or both, for a conviction of a first offense; for a conviction
of a second offense involving the particular Code, ordinance, resolution or
local law, both of which were committed within a period of five years, punishable
by a fine of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 15 days, or both; and upon conviction for a third or subsequent
offense involving the particular Code, ordinance, resolution or local law,
all of which were committed within a period of five years, punishable by a
fine of not less than $500 nor more than $1,000 or imprisonment for a period
not to exceed 15 days, or both.
(b)
An appearance ticket may be issued by a village official as provided in Chapter 4 of the Village Code, or such official may file an accusatory instrument as provided in the Criminal Procedure Law. An answer to the appearance ticket may be made by registered or certified mail, return receipt requested, within 10 days from the date of service of same upon the defendant. Such answer shall be in lieu of a personal appearance at the time and court specified as the return date of such appearance ticket if the person charged admits to such violation and follows the following procedures. If a person against whom a violation has been claimed admits to such violation, such person shall be subject to a fine. The person may complete the appropriate form authorized by this article and forward such form and appearance ticket to the office specified on such appearance ticket with a check, cash or money order in the amount of $100, except that when the person was found to have violated the particular Code, ordinance, resolution or local law within the preceding five years, such check, cash or money order shall be in the amount of $200, and except that when the person was found to have previously committed two or more such violations within the preceding five years, the amount of the check, cash or money order shall be in the amount of $300.
(c)
If a person charged with the violation denies any and
all parts of the violation as charged in the appearance ticket, such person
shall appear in the Justice Court as required by the appearance ticket and
answer the charge(s).
C.
Each day and/or time that any violation of any provision
of the Village Code, ordinance, resolution or local law of the village exists
shall constitute a separate violation for which separate or additional fines,
punishment and civil penalties may be imposed and recovered.
D.
In addition to the penalties heretofore provided, any
condition caused or permitted to exist in violation of any of the provisions
of the Village Code or of any ordinance, resolution or local law of the village
shall be deemed a public nuisance and may be abated by the village as provided
by law. Each day that such condition continues shall be regarded as a new
and separate violation.
E.
In the event that the penalty sought by the village is
within the monetary jurisdiction of the Justice Court, as prescribed in either
Article 2 or Article 18 of the Uniform Justice Court Act, such action to recover
such penalty may, as shall be determined by the Attorney or Village Manager
representing the village, be commenced as a regular or Small Claim pursuant
to the provisions of Articles 2 and 18 of the Uniform Justice Court Act.
F.
In addition to the penalties heretofore provided, the
village may initiate a civil action for injunctive relief from any condition
caused or permitted to exist in violation of any of the provisions of the
Village Code or of any ordinance, resolution or local law of the village.
Any local law, ordinance or resolution of the village in conflict herewith is hereby repealed to the extent of such conflict or inconsistency, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any local law, ordinance or regulation hereby repealed prior to the effective date of this article. Specifically, Chapter 1, Article II of the Village Code is hereby repealed.
