[Adopted 12-27-1971 by L.L. No. 2-1971 as Ch. 1 of the 1971 Code]
This codification, which is, and is intended to be, a complete compilation of all ordinances of a general nature effective in the Village of Depew, New York, shall be known and cited as the "Village of Depew Municipal Code."
[Amended 8-2-1988 by L.L. No. 4-1988]
A. 
When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires:
ASSESSOR
The Assessor of the Village of Depew, New York.
BOARD OF APPEALS
The Board of Appeals of the Village of Depew, New York, established pursuant to the Village Law and Chapter 260 of this Code pertaining to Zoning and related matters.
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
The Board of Trustees of the Village of Depew, New York.
BUILDING INSPECTOR
The enforcement officer appointed by the Mayor subject to approval by the Board of Trustees including the Mayor to enforce certain provisions of the Municipal Code as specified in Chapter 14 entitled "Enforcement Officers" of this Code. See also "Public Building Inspector."
CODE
Unless otherwise specifically qualified, the Municipal Code of the Village of Depew, New York.
COUNTY
The County of Erie in the State of New York.
COUNTY CLERK
The County Clerk of the County of Erie in the State of New York.
DIRECTOR OF WEIGHTS AND MEASURES
The Director of Weights and Measures of the County of Erie in the State of New York.
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
The Fire Chief of the Village of Depew, New York.
FIRE MARSHAL
The enforcement officer of Chapter C entitled "Fire Prevention Code" of the New York State Uniform Fire Prevention and Building Code in and for the Village of Depew, New York.
HEALTH OFFICER
The Health Officer of the Village of Depew, New York.
MAYOR
The Mayor of the Village of Depew, New York.
MUNICIPAL CODE
The Village of Depew Municipal Code.
OWNER
A person who has the legal title, alone or with others, or exercises dominion or control over property, both real and personal.
PERSON
One or more persons of either sex, natural person, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
PLANNING BOARD
The Planning Board of the Village of Depew, New York.
PLUMBING AND/OR SEWER OR WASTEWATER INSPECTOR
The enforcement officer appointed by the Mayor subject to approval of the Board of Trustees including the Mayor to enforce the provisions of the Municipal Code as specified in Chapter 14 entitled "Enforcement Officers" of this Code.
POLICE CHIEF or CHIEF OF POLICE
The Police Chief of the Village of Depew, New York.
PUBLIC BUILDING INSPECTOR
The enforcement officer appointed by the Mayor subject to approval of the Board of Trustees including the Mayor to enforce certain provisions of the Municipal Code as specified in Chapter 14 entitled "Enforcement Officers" of this Code. See also "Building Inspector."
SUPERINTENDENT OF PUBLIC WORKS
The Superintendent of Public Works of the Village of Depew, New York.
TRUSTEE
A Trustee of the Village of Depew, New York.
VILLAGE
The Village of Depew, New York.
VILLAGE ASSESSOR
The Village Assessor of the Village of Depew, New York.
VILLAGE ATTORNEY
The Village Attorney of the Village of Depew, New York.
VILLAGE BOARD
The Board of Trustees of the Village of Depew, New York.
VILLAGE CLERK or CLERK
The Village Clerk of the Village of Depew, New York.
VILLAGE JUSTICE
The Village Justice of the Village of Depew, New York.
VILLAGE TREASURER or TREASURER
The Village Treasurer of the Village of Depew, New York.
B. 
Applicability of the General Construction Law. Words not otherwise above described and defined in the General Construction Law shall have the same meanings as defined therein.
C. 
Names of officers, boards, departments, commissions and other agencies. The names of officers, boards, departments, commissions and other agencies used in this Code shall be construed as though the words "of the Village of Depew, New York" were added unless the context or subject matter otherwise requires.
D. 
Other words. All other words used in this Code and not otherwise specifically defined shall be construed in the manner that they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.
A. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural.
C. 
A word importing the masculine gender only shall also be construed to include females, corporations, partnerships, associations, joint stock companies, societies and all other entities capable of being sued.
All ordinances of a general nature which were heretofore in existence in the Village of Depew, New York, before the adoption of this Code are hereby repealed. The repeal of all prior ordinances shall not affect any punishment or penalty incurred, nor shall it have any effect on existing litigation and it shall not operate as an abatement of any action or proceeding now pending or which may be brought by virtue of the ordinance or part thereof so repealed for any violation or act committed prior to the effective date of the repeal unless specifically abated.
A. 
The repeal of an ordinance or local law, in whole or in part, contained in this Code, shall not revive any prior ordinance heretofore repealed.
B. 
The repeal of any ordinance or local law, in whole or in part, contained in this Code shall not affect any punishment or penalty incurred nor shall it have any effect on existing litigation and it shall not operate as an abatement of any action or proceeding now pending or which may be brought by virtue of the ordinance or local law or part thereof so repealed for any violation or act committed prior to the effective date of the repeal unless specifically abated.
If any ordinance, local law, clause, sentence, paragraph, word, section or part of this Code, shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the ordinance, local law, clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
It shall be unlawful for any person to willfully misrepresent the provisions of this Code by altering or changing any of the provisions herein, inserting or deleting pages, or by any other manner whatsoever.
Any material contained in brackets shall not be deemed to be a part of this Code. Such material contained therein is intended to show the adoption date, effective date and comments on any changes. Likewise, any commentaries, footnotes, cross-references, citations of authority or other annotations shall not be deemed a part of this Code but are inserted editorially solely to assist in the use and interpretation of this Code.
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 higher standards, shall govern unless a contrary intent is expressly stated.
[Amended 8-2-1988 by L.L. No. 4-1988]
A. 
When no specific penalty is prescribed in any chapter contained in this Code, rule or regulation of the Village, or in any other provision of law, for any act which is prohibited or for the failure to do any act which is required and is made or declared to be unlawful, the violation thereof shall constitute a violation pursuant to the Penal Law. However, in no case shall the fine imposed exceed $250. Each day's continued violation shall constitute a separate additional violation.
[Amended 5-2-1994 by L.L. No. 1-1994]
B. 
In all cases, the Board of Trustees may enforce obedience of any provisions of this Code by injunction.
[Added 8-2-1988 by L.L. No. 4-1988]
The failure of any officer or employee of the Village to perform an official act imposed by this Code shall not be an offense, and shall not subject such officer or employee to the penalty imposed for the violation of any provision of this Code, unless a penalty is specifically provided therefor.
[Added 8-2-1988 by L.L. No. 4-1988]
A. 
Wherever any officer of the Village is granted certain powers or duties or is designated as the enforcement officer of a specific chapter or portion thereof, it shall also be construed to include the deputies, assistants and representatives of such officer to exercise such powers or duties.
B. 
While acting within the scope of their employment, it shall be presumed that all acts performed by such deputies, assistants and representatives were duly delegated and authorized.
[Added 8-2-1988 by L.L. No. 4-1988]
In case any provision of the Village of Depew Municipal Code is inconsistent with any provision of the Village Law, pursuant to the authority contained in Subdivision 1e(3) of Section 10 of the Municipal Home Rule Law, the Village Law is modified and superseded in its application to the Village of Depew to the extent and only to the extent that the Village Law is inconsistent with any provision of the Village of Depew Municipal Code.
The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the laws contained herein are enacted.