[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn
Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-2006 by L.L. No. 1-2006]
The Commissioner of Public Works, the Building Official and the Deputy
Building Official are each hereby authorized to issue appearance tickets pursuant
to Criminal Procedure Law § 150.20 for any violation of the Village's
ordinances, local laws or regulations. An appearance ticket shall be signed
and personally served on the alleged violator by the issuing official.
A.
The provisions of this Code may be enforced by such legal or
equitable proceedings as are or may be provided or authorized by law.
B.
In addition to any civil penalty or remedy specifically provided
in any chapter of this Code for violation of any of the provisions thereof
or for the abatement of the same and except where a criminal or quasi-criminal
penalty shall be specifically set forth in any chapter of this Code for violation
of any of the provisions thereof, any person who shall violate any of the
provisions of this Code shall be guilty of a violation and shall, upon conviction
by a court of competent jurisdiction, be sentenced to a term of imprisonment
not to exceed 15 days and/or a fine not to exceed the following amounts for
the chapters indicated:
The imposition of a penalty as provided above, or as specifically provided
in any other chapter of this Code, shall be in addition to any injunctive
or remedial relief which is authorized under the laws of the State of New
York with the same force and effect as though provided herein or by this Code.
Such additional remedy shall not be deemed to be in lieu of any provision
for revocation or suspension of any license or permit.
The continuation of any offense for each successive week shall constitute
a separate violation, and the person or persons allowing or permitting the
continuation of the offense may be punished as provided above for each separate
violation.
The owner, agent, landlord or tenant of any building, structure, premises
or land, or any part thereof, in or on which any violations of any provisions
of this Code shall have been committed or shall exist and any agent, building
contractor, corporation or any other person who commits, assists or was employed
in connection with such violation or who maintains any building, structure,
premises or land in or on which such violation shall exist shall be deemed
to have notice of such violation, shall be guilty of a separate offense and
for the offense committed and shall be punishable as provided herein.
In all cases where the same offense or violation may be made punishable
or shall be created by different clauses or sections of the resolutions or
local laws of the Village, the prosecuting officer may elect under which to
proceed.
Wherever the requirements of any chapter or portion thereof are at variance
with the requirements of any other lawfully adopted rule, regulation, chapter
or other enactment, the most restrictive or that imposing the highest standards
shall govern unless a contrary intent is expressly stated.
This article shall supersede in its application to the Village of Roslyn
Harbor § 20-2006 of the Village Law.
[Adopted 3-22-2006 by L.L. No. 1-2006]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Village of Roslyn Harbor, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 275, together with an Appendix, shall be known collectively as the "Code of the Village of Roslyn Harbor," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Village of Roslyn Harbor" to any other local law or ordinance 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 or ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. 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 Roslyn Harbor, 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 § 1-11 below.
All local laws and ordinances of a general and permanent nature of the
Village of Roslyn Harbor 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 § 1-11 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 Roslyn Harbor 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 Roslyn Harbor 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 Roslyn
Harbor.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the Village
of Roslyn Harbor.
E.
Any local law or ordinance of the Village of Roslyn Harbor
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 Roslyn Harbor or any portion thereof.
F.
Any local law or ordinance of the Village of Roslyn Harbor
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 Roslyn Harbor 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 4-21-2005.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law or of any local law or ordinance 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 Roslyn Harbor 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 Roslyn Harbor by impressing thereon
the Seal of the Village of Roslyn Harbor, 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 or ordinances known collectively as the "Code of the Village
of Roslyn Harbor" or any new local laws, 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 or ordinance contained
herein, and such local laws or ordinances 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 Roslyn Harbor 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 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 or local
laws until such changes or local laws 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, without authorization from the Village Clerk, changes
or amends, by additions or deletions, any part or portion of the Code of the
Village of Roslyn Harbor or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of Roslyn Harbor
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 and ordinances for publication as the Code of the Village of Roslyn Harbor, no changes in the meaning or intent of such local laws or ordinances have been made, except as provided for in Subsections B and C hereof. 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 and ordinances had been previously formally amended to read as such.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
