[HISTORY: Adopted by the Board of Trustees of the Village
of New Hartford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-12-1994 by L.L. No. 1-1994]
Be it enacted by the Board of Trustees of the Village of New
Hartford, County of Oneida, State of New York, as follows:
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of New Hartford, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 126, together with an Appendix, shall be known collectively as the "Code of the Village of New Hartford," 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 New Hartford" 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 New Hartford, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 New Hartford 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continued in force by reference therein are hereby repealed from and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 New Hartford 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 New Hartford 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 New Hartford.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Village of New Hartford.
E.
Any
local law or ordinance of the Village of New Hartford 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 New Hartford or any portion thereof.
F.
Any
local law or ordinance of the Village of New Hartford 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 New Hartford 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 1, 1993.
M.
Local
Law No. 4-1986, regarding enforcement of the Uniform Fire Prevention
and Building Code.
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 New Hartford 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
New Hartford by impressing thereon the Seal of the Village of New
Hartford, 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.[1] 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.
[1]
Editor's Note: A copy of the Code of the Village of New Hartford
can also be found on the Village website at www.villageofnewhartford.com
or eCode360.com.
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 New Hartford" 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 New Hartford 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 New Hartford 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 10-16-1995 by L.L. No. 2-1995[1]]
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 New Hartford or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Village of New Hartford 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 $1,000 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 New Hartford, 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 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: A complete description of these changes is
enumerated in L.L. No. 1-1994, on file in the office of the Village
Clerk.
D.
Nomenclature. The following nomenclature changes are hereby made
throughout the Code:
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
[Adopted 7-10-2017 by L.L. No. 1-2017]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of New Hartford, as codified by General Code, and consisting of Chapters 1 through 126, together with an Appendix, and as adopted by L.L. No. 1-1994, shall be known collectively as the “Code of the Village of New Hartford,” 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 New Hartford” 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 1994 Code, insofar as they are substantively
the same as those of local laws, ordinances and resolutions in force
immediately prior to the enactment and revision 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 New Hartford,
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.
A.
In compiling and preparing the 1994 Code and subsequent local laws, ordinances and resolutions for publication as the 2017 Code of the Village of New Hartford, 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 amendments and/or additions as set forth in Schedule A attached
hereto and made a part hereof are made herewith, to become effective
upon the effective date of this local law.[1]
[1]
Editor’s Note: In accordance with § 1-16B, 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 II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 7-10-2017 by L.L. No. 1-2017.” Schedule A, which contains 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.
