[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:
(2)
Chapters of the Code, and all rules, regulations,
resolutions and restrictions adopted in connection therewith, for
which the maximum fine for a violation thereof shall not exceed $1,000
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine of not less than $500 nor more than $2,000; and upon conviction
of a third offense, all of which were committed within a period of
five years, punishable by a fine of not less than $1,000 nor more
than $3,000; and upon conviction of a subsequent offense, all of which
were committed within a period of five years, punishable by a fine
of not less than $2,000 nor more than $4,000. Each week's continued
violation shall constitute a separate additional violation.
[Amended 12-3-2022]
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.
