[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 Only such provisions of former local laws and the 1975 Code as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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continued in force by reference therein are hereby repealed from and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.
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.
ASSESSOR or VILLAGE ASSESSOR
ASSISTANT FIRE INSPECTOR
BOARD OF APPEALS or ZONING BOARD OF APPEALS
BOARD OF PUBLIC SAFETY
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
BUILDING ADVISORY BOARD
BUILDING COMMITTEE
BUILDING INSPECTOR
CHIEF FIRE INSPECTOR
CODE
COUNTY
COUNTY CLERK
ENGINEER or VILLAGE ENGINEER
EXAMINING BOARD OF ELECTRICIANS
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
MAYOR
MUNICIPAL CODE
OIL BURNER INSPECTOR
OWNER
PERSON
PLUMBING INSPECTOR
REGISTRAR OF VITAL STATISTICS
SEALER OF WEIGHTS AND MEASURES
SECRETARY TO THE BOARD
TRUSTEE
VILLAGE ATTORNEY or ATTORNEY
VILLAGE AUDITOR
VILLAGE BOARD
VILLAGE CLERK or CLERK
VILLAGE ENGINEER
VILLAGE JUSTICE or POLICE JUSTICE
VILLAGE, THIS VILLAGE or VILLAGE OF WILLISTON PARK
VILLAGE TREASURER
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:
The Assessor of the Village of Williston Park, New York.
An assistant to the enforcement officer of the Williston
Park, New York, Fire Prevention Law.
[1]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.
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.
The Board of Trustees of the Village of Williston Park, New
York.
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.
The enforcement officer in charge of fire prevention in the
Village of Williston Park, New York.
[4]The Village of Williston Park, New York, Municipal Code.
The County of Nassau in the State of New York.
The County Clerk of the County of Nassau in the State of
New York.
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.
The Fire Chief of the Village of Williston Park, New York.
The Mayor of the Village of Williston Park, New York.
The Village of Williston Park, New York, Municipal Code.
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]A person who has the legal title, alone or with others, or
exercises dominion or control over property both real and personal.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities capable of being sued.
The Registrar of Vital Statistics of the Village of Williston
Park, New York.
The Sealer of Weights and Measures of the County of Nassau
in the State of New York.
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]A Trustee of the Village of Williston Park, New York.
The Village Attorney of the Village of Williston Park, New
York.
The Village Auditor of the Village of Williston Park, New
York.
See "Board of Trustees."
[7]The Village Clerk of the Village of Williston Park, New York.
See "Engineer."
The Village Justice of the Village of Williston Park, New
York.
The Village of Williston Park, New York.
The Village Treasurer of the Village of Williston Park, New
York.
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. Such violations shall,
upon conviction, be punishable by a fine of not more than $1,000 or
imprisonment of not more than 15 days, or both. A conviction of a
second violation of such provision, both of which were committed within
a period of five years, shall be punishable by a fine of not more
than $3,000 or imprisonment of not more than 15 days, or both. The
conviction of a third or subsequent violation of such provision, all
of which were committed within a period of five years, shall be punishable
by a fine of not more than $5,000 or imprisonment of not more than
15 days, or both.
[Amended 12-18-2023 by L.L. No. 5-2023]
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; 12-18-2023 by L.L. No.
6-2023]
The Incorporated Village of Williston Park is aware of and duly acknowledges the existence of § 20-2006 of the Village Law of the State of New York and hereby supersedes such section. 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 and the penalty shall be as prescribed in § 1-18.
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.
