Village of Patchogue, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Patchogue as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-13-1970 (Ch. 1, §§ 1-9 and 1-10, of the 1968 Code)]
[Amended 1-27-1975 by L.L. No. 1-1975; 8-8-1994 by L.L. No. 11-1994]
A. 
In this section, "violation of this Code" means:
(1) 
Doing an act that is prohibited or made or declared unlawful or an offense or a misdemeanor by local law.
(2) 
Failure to perform an act that is required to be performed by local law.
(3) 
Failure to perform an act if the failure is declared an offense or unlawful by local law.
B. 
In this section, "violation of this Code" does not include the failure of a Village official or employee to perform any official duty unless it is expressly provided that failure to perform the duty is to be punished as provided in this section.
C. 
Any person, corporation or other entity convicted of a violation of this Code 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 $2,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. In addition, that party, in the Court's discretion, shall perform such additional or alternative community services as the Court may direct. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
[Amended 3-9-2009 by L.L. No. 7-2009]
D. 
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
E. 
Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
F. 
Where more than one party is liable for a violation of this Code, such liability shall be joint and several in scope.
G. 
For the purpose of this section, ordinances of the Village Code, if any, shall be deemed local laws. This section shall amend and/or supersede Village Law § 20-2006.
H. 
This section supersedes any other penalty section of the Village Code to the extent that said other penalty section imposes a lesser fine or condition or is otherwise in conflict with the provisions contained herein.
I. 
If any word, clause, sentence or subsection of this local law shall be found by any court of competent jurisdiction to be unenforceable, then said segment shall be severable from the balance of the local law, which shall remain in full force and effect.
J. 
Community service sentencing. Pursuant to the New York State Penal Law and Code of Criminal Procedure, the Justice Court is hereby authorized, as, in its discretion, it deems reasonable, to substitute performance of community service for public or not-for-profit corporations, associations, institutions or agencies in lieu of monetary restitutions, fine and/or jail time, but only upon agreement and acceptance by the defendant of the terms and conditions of the service.
K. 
Upon consent of an owner of property which is the subject of an action before the Court, any fine imposed by the Court shall constitute a lien which may be collected in the same manner as and payable together with the real property taxes imposed by the Incorporated Village of Patchogue against said property.
[Added 10-9-1995 by L.L. No. 17-1995]
In the definition of terms and construction of all ordinances and local laws hereby enacted or hereafter to be enacted, the following rules shall be observed unless excluded by express provisions or when to do so would be inconsistent with the manifest intent of the ordinance or local law:
A. 
Person. The term "person" includes a corporation, a joint-stock association and partnership as well as an individual, unless such extension is clearly inapplicable.
B. 
Gender. The words of the masculine gender include the feminine and the neuter gender and may refer to a corporation or to a board or other body or assembly of persons; and when the sense so indicates, the words of the neuter gender may refer to any gender.
C. 
Tenses. The words of the present tense shall include the future.
D. 
Heretofore and hereafter. Each of the terms "heretofore" and "hereafter" in any provision of the ordinance or local law relates to the time such provision takes effect.
E. 
Singular and plural words. Words in the singular include the plural, and the plural number include the singular.
F. 
Village and Village officials. Whenever used without modifying words or qualifications, "Village" shall mean the Incorporated Village of Patchogue, New York, and the designation of any board, commission, committee, official or agency shall mean that of the Incorporated Village of Patchogue, New York. The words "Village Board" or "Board of Trustees" shall mean the Board of Trustees of the Incorporated Village of Patchogue.
G. 
Conjunctions and disjunctions. The words "and" and "or" in any ordinance or local law may be construed as "and/or" where the context and a reasonable interpretation of the ordinance or local law so permits.
[Added 5-8-1995 by L.L. No. 9-1995]
[Adopted 3-9-2009 by L.L. No. 7-2009]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Patchogue, as codified by General Code, and consisting of Chapters 1 through 435, together with an Appendix, shall be known collectively as the "Code of the Village of Patchogue," 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 Patchogue" 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, including the provisions of the 1968 Code, 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 Patchogue, 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 Patchogue 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 Patchogue 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 Patchogue 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 Patchogue.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Patchogue.
E. 
Any local law or ordinance of the Village of Patchogue 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 Patchogue or any portion thereof.
F. 
Any local law or ordinance of the Village of Patchogue 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 Patchogue 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, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any local law or ordinance relating to salaries and compensation.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any local law or ordinance relating to or establishing a pension plan or pension fund for municipal employees.
M. 
Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Village.
N. 
Any local law adopted subsequent to 1-27-2009.
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 Patchogue 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 Patchogue by impressing thereon the Seal of the Village of Patchogue, 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 Patchogue" 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 Patchogue 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, or any chapter or portion of it, may be purchased from the Village Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Board of Trustees. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
Any person who alters or tampers with the Code of the Village of Patchogue in any manner whatsoever which will cause the legislation of the Village of Patchogue 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 $2,000 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 Patchogue, 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. (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 § 1-13B, 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) 3-9-2009 by L.L. No. 7-2009." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
C. 
Nomenclature.
(1) 
Throughout the Code, the terms "Building Department" and "Housing Department" are revised to read "Building and Housing Department."
(2) 
Throughout the Code, the term "Commissioner of Public Works" is revised to read "Superintendent of Public Works."
(3) 
Throughout the Code, references to "ordinances" of the Village are revised to include the phrase "and local laws" or revised to refer to "laws" or "legislation" of the Village.
(4) 
Throughout the text of Chapter 297, Pawnbrokers; Collateral Loan Brokers, the term "pawnbroker" is revised to read "collateral loan broker" in conformance with statutory language.
(5) 
Throughout the text of Chapter 306, Peddlers and Transient Merchants, Article I, Transient Merchants, the term "transient business" is revised to read "transient retail business."
(6) 
Throughout Chapter 365, Solid Waste, Article I, Garbage, Rubbish and Refuse, references to "Department of Sanitation" are revised to read "Department of Public Works."
(7) 
Throughout Chapter 372, Streets and Sidewalks, and Chapter 398, Trees and Shrubs, the term "Street Commissioner" is revised to read "Superintendent of Public Works."
(8) 
Throughout Chapter 382, Swimming Pools, the term "Building Commissioner" is revised to read "Building Inspector and/or designee."
The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the Village of Patchogue, such local law to be entitled "General Provisions, Article II, Adoption of Code," and the sections of this local law shall be numbered §§ 1-3 to 1-15, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.