Village of Williston Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Williston Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-19-1999 by L.L. No. 1-1999]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the various chapters and sections of the 1975 Code of the Village of Williston Park, and subsequent local laws and certain resolutions of the Village of Williston Park, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 230, together with an Appendix, shall be known collectively as the "Code of the Village of Williston Park," hereafter termed the "Code." Wherever reference is made in any of the local laws and resolutions contained in the "Code of the Village of Williston Park" to any other local law 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 or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1975 Code and subsequent local laws and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such 1975 Code and subsequent local laws and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior Code, local law 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 Williston Park, 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 Only such provisions of former local laws and the 1975 Code as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
The 1975 Code of the Village of Williston Park and all subsequent local laws of a general and permanent nature of the Village of Williston Park 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 Williston Park 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 Williston Park 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 Williston Park.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Williston Park.
E. 
Any local law or ordinance of the Village of Williston Park 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 Williston Park or any portion thereof.
F. 
Any local law or ordinance of the Village of Williston Park 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 Williston Park 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 prior zoning local law or ordinance.
O. 
Any local law adopted subsequent to May 1, 1999.
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 Williston Park 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 Williston Park by impressing thereon the Seal of the Village of Williston Park, 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 Williston Park" 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 Williston Park 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, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Williston Park or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Williston Park 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 resolutions for publication as the Code of the Village of Williston Park, no changes in the meaning or intent of such local laws and resolutions have been made, except as provided for in Subsections B and C 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 and resolutions had been previously formally amended to read as such.
B. 
The following changes are made throughout the Code:
(1) 
References to the "Board of Zoning Appeals" are amended to "Zoning Board of Appeals."
(2) 
References to the "Building Construction Standards of the Incorporated Village of Williston Park"; "Building Code applicable to the village"; "Building Code of the Village of Williston Park"; "the village's Building Code"; and "State Building Construction Code" are amended to "State Uniform Fire Prevention and Building Code."
C. 
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof[1] are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws and resolutions as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-11C, 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 I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 7-19-1999 by L.L. No. 1-1999." Schedule A, which contains a complete description of all changes, is on file in the village offices.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Williston Park, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
[Adopted 9-22-1975 by L.L. No. 2-1975 as Ch. 1, §§ 1.2, 1.3, 1.8, 1.9, 1.10, 1.11 and 1.15 of the 1975 Code]
A. 
When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ASSESSOR or VILLAGE ASSESSOR
The Assessor of the Village of Williston Park, New York.
ASSISTANT FIRE INSPECTOR
An assistant to the enforcement officer of the Williston Park, New York, Fire Prevention Law.
[1]
BOARD OF APPEALS or ZONING BOARD OF APPEALS
The Board of Appeals of the Village of Williston Park, New York, appointed in accordance with the provisions of Chapter 230 of this Code and § 7-712 of the Village Law.
BOARD OF PUBLIC SAFETY
The Board of the Village of Williston Park, New York, appointed to administer the Electrical Code, the Plumbing Code, the Oil Burner Code[2] and such other related codes or local laws as may be assigned to it by the Board of Trustees.
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
The Board of Trustees of the Village of Williston Park, New York.
BUILDING ADVISORY BOARD
The Board of the Village of Williston Park, New York, appointed pursuant to Chapter 97, § 97-4 to advise the Building Committee in the performance of its duties.
BUILDING COMMITTEE
The Village Board of the Village of Williston Park, New York, acting as the building permit authority as provided in Chapter 97, § 97-2 of this Municipal Code.
BUILDING INSPECTOR
The enforcement officer of the Village of Williston Park, New York, of the Building Code,[3] Chapter 230, Zoning, and other related chapters and who is appointed by the Mayor, subject to the approval of the Board of Trustees, including the Mayor, pursuant to Chapter 97, § 97-3 of this Municipal Code.
CHIEF FIRE INSPECTOR
The enforcement officer in charge of fire prevention in the Village of Williston Park, New York.
[4]
CODE
The Village of Williston Park, New York, Municipal Code.
COUNTY
The County of Nassau in the State of New York.
COUNTY CLERK
The County Clerk of the County of Nassau in the State of New York.
ENGINEER or VILLAGE ENGINEER
The duly appointed Village Engineer of the Village of Williston Park, New York, or consulting engineer retained by the Village of Williston Park, New York, or such other village official duly designated to perform the duties and exercise the powers of the Village Engineer.
EXAMINING BOARD OF ELECTRICIANS
The Examining Board of Electricians of the Village of Williston Park, New York, appointed pursuant to Chapter 83, § 83-7 of this Municipal Code and responsible for conducting examinations for electricians.
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
The Fire Chief of the Village of Williston Park, New York.
MAYOR
The Mayor of the Village of Williston Park, New York.
MUNICIPAL CODE
The Village of Williston Park, New York, Municipal Code.
OIL BURNER INSPECTOR
The village official of the Village of Williston Park, New York, appointed pursuant to Chapter 146, § 146-6C of this Municipal Code and who serves as the enforcement officer of the Oil Burner Code.
[5]
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 persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.
PLUMBING INSPECTOR
The village official of the Village of Williston Park, New York, appointed pursuant to Chapter 161, § 161-15A of this Municipal Code and who serves as the enforcement officer of the State Uniform Fire Prevention and Building Code applicable to plumbing.
REGISTRAR OF VITAL STATISTICS
The Registrar of Vital Statistics of the Village of Williston Park, New York.
SEALER OF WEIGHTS AND MEASURES
The Sealer of Weights and Measures of the County of Nassau in the State of New York.
SECRETARY TO THE BOARD
The village official of the Village of Williston Park, New York, appointed pursuant to § 3-301, Subdivision 1e, of the Village Law, as amended by Chapter 40, § 40-1 of this Municipal Code.
[6]
TRUSTEE
A Trustee of the Village of Williston Park, New York.
VILLAGE ATTORNEY or ATTORNEY
The Village Attorney of the Village of Williston Park, New York.
VILLAGE AUDITOR
The Village Auditor of the Village of Williston Park, New York.
VILLAGE BOARD
See "Board of Trustees."
[7]
VILLAGE CLERK or CLERK
The Village Clerk of the Village of Williston Park, New York.
VILLAGE ENGINEER
See "Engineer."
VILLAGE JUSTICE or POLICE JUSTICE
The Village Justice of the Village of Williston Park, New York.
VILLAGE, THIS VILLAGE or VILLAGE OF WILLISTON PARK
The Village of Williston Park, New York.
VILLAGE TREASURER
The Village Treasurer of the Village of Williston Park, New York.
[1]
Editor's Note: See Ch. 97, Fire Prevention and Building Construction.
[2]
Editor's Note: See Ch. 83, Electrical Standards, Ch. 146, Oil Burners, and Ch. 161, Plumbing.
[3]
Editor's Note: See Chapter 97, Fire Prevention and Building Construction.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: See Ch. 146, Oil Burners.
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All other words in this Code 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.
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 highest standards, shall govern unless a contrary intent is expressly stated.
[Amended 10-1-1984 by L.L. No. 6-1984; 1-25-1988 by L.L. No. 1-1988]
A. 
Where no specific penalty is prescribed in any chapter contained in this Code 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 of this Municipal Code. However, in no case shall the fine imposed exceed $1,000 for each separate violation, and each day a violation is continued after written notice from the enforcement officer shall constitute a separate violation, so as to subject the violator to a fine of up to $1,000 for each separate violation.
B. 
In all cases the Board of Trustees may enforce obedience of its ordinances, local laws, rules and regulations by injunction.
[Added 12-15-1975 by L.L. No. 3-1975; amended 10-1-1984 by L.L. No. 6-1984]
Section 20-2006 of the Village Law is hereby amended in its application to the Incorporated Village of Williston Park to read as follows:
§ 20-2006 Violation of ordinances.
1.
The Board of Trustees of a village may enforce obedience to its ordinances and local laws adopted prior to September 1, 1974, and to its local laws adopted thereafter as follows:
a.
By prescribing therefor fines for each violation not to exceed $1,000.
b.
By prescribing therefor that each violation thereof shall constitute a separate violation pursuant to the Penal Law. However, in no case shall the fine imposed exceed $1,000 for each separate violation, and each day a violation is continued after written notice from the enforcement officer shall constitute a separate violation, so as to subject the violator to a fine of up to $1,000 for each separate violation.
c.
In all cases the Board of Trustees may enforce obedience of its ordinances by injunction.
The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the chapters contained herein are enacted.