[Adopted 11-4-1985 by L.L. No. 17-1985]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Montgomery referred to in § 1-2 shall be known collectively as the "Code of the Village of Montgomery," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Village of Montgomery" to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, Article number or section number appearing below, as if such local law, ordinance or resolution had been formally amended to so read.
Derivation Table
|
---|
(Sections providing for severability of provisions,
repeal of conflicting legislation and effective dates which are covered
by provisions of this local law have been omitted from the Code, and
such sections are indicated as "omitted" in the table which follows:)
|
New Number
(chapter, title, Article, section)
|
Old Number
(source)
|
Adoption or Amendment Date
|
---|---|---|
Chapter 6, Architecture Review Board
|
L.L. No. 4-1974
|
6-4-1974
|
§ 6-1
|
Section 1
| |
§ 6-2
|
Section 2
| |
§ 6-3
|
Section 3
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 6-4
|
Section 4
| |
§ 6-5
|
Section 5
| |
§ 6-6
|
Section 6
| |
Chapter 12, Indemnification and Defense
|
L.L. No. 3-1980
|
5-20-1980
|
Sections 1 through 9
| ||
Omitted
|
Section 10
| |
Omitted
|
Section 11
| |
Chapter 18, Local Laws: Adoption Procedures
|
L.L. No. 4-1984
|
6-25-1984
|
§ 18-1
|
Section 1
| |
§ 18-2
|
Section 2
| |
§ 18-3
|
Section 3
| |
Omitted
|
Section 4
| |
Chapter 21, Meetings, Special
|
L.L. No. 13-1975
|
11-18-1975
|
§ 21-1
|
Section 1
| |
Omitted
|
Section 2
| |
Chapter 28, Alcoholic Beverages: Open Containers
|
L.L. No. 9-1975
|
8-21-1975
|
§ 28-1
|
Section 1
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 28-2
|
Section 2
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 28-3
|
Section 3
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 28-4
|
Section 4
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 28-5
|
Section 5
| |
§ 28-6
|
Section 6
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Omitted
|
Section 7
| |
Omitted
|
Section 8
| |
Chapter 31, Amusement Activities
|
Chapter 7
|
3-5-1956
|
§ 31-1
|
No former number
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 31-2
|
Section 1
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 31-3
|
Section 2
| |
§ 31-4
|
Section 3
| |
§ 31-5
|
Section 4
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Chapter 34, Animals
| ||
Article I, Animals at Large
|
Chapter 1
|
3-5-1956
|
§ 34-1
|
Section 1
| |
§ 34-2
|
Section 2
| |
§ 34-3
|
Section 3
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Article III, Horses or Cattle on Sidewalks
|
Chapter 3
|
3-5-1956
|
§ 34-21
|
Section 1
| |
§ 34-22
|
Section 2
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Article IV
|
Chapter 4
|
3-5-1956
|
§ 34-23
|
Section 1
| |
§ 34-24
|
Section 2
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Chapter 39, Bingo; Games of Chance
| ||
Article I, Bingo
|
Chapter 45
|
2-29-1972
|
§ 39-1
|
(1)
| |
§ 39-2
|
(2)
| |
§ 39-3
|
(3)
| |
Chapter 42, Building Construction
|
Unnumbered ordinance
|
4-6-1959
|
§ 42-1
|
Section 1
| |
§ 42-2
|
Section 2
| |
§ 42-3
|
Section 3
| |
§ 42-4
|
Section 4
|
Amended 6-6-1962; 8-6-1973; 11-4-1985 by L.L. No.
17-1985
|
§ 42-5
|
Section 5
| |
§ 42-6
|
Section 6
| |
§ 42-7
|
Section 7
|
Amended 8-6-1973
|
§ 42-8
|
Section 8
| |
Omitted
|
Section 9
| |
§ 42-9
|
Section 10
|
Amended 2-25-1960; 11-4-1985 by L.L. No. 17-1985
|
§ 42-10
|
Section 11
|
Added 6-6-1962
|
§ 42-11
|
Section 12
|
Added 8-21-1975 by L.L. No. 7-1975
|
§ 42-12
|
No former number
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Chapter 49, Drainage; Septic Tanks
|
Chapter 16
|
3-5-1956
|
§ 49-1
|
Section 1
| |
§ 49-2
|
Section 2
| |
§ 49-3
|
Section 3
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Chapter 59, Flood Damage Prevention
|
L.L. No. 2-1983
|
4-19-1983; amended in its entirety 10-1-1984
by L.L. No. 7-1984
|
Article I
|
§ I
| |
§ 59-1
|
A
| |
§ 59-2
|
B
| |
§ 59-3
|
C
| |
§ II
| ||
Article III
|
§ III
| |
§ 59-5
|
A
| |
§ 59-6
|
B
| |
§ 59-7
|
C
| |
Omitted
|
D
| |
§ 59-8
|
E
| |
Article IV
|
§ IV
| |
§ 59-9
|
A
| |
§ 59-10
|
B
| |
§ 59-11
|
C
| |
Article V
|
§ V
| |
§ 59-12
|
A
| |
§ 59-13
|
B
| |
Article VI
|
§ VI
| |
§ 59-14
|
A
| |
§ 59-15
|
B
| |
Chapter 62, Freshwater Wetlands
|
L.L. No. 1-1976
|
8-17-1976
|
§ 62-1
|
Section 1
| |
§ 62-2
|
Section 2
| |
§ 62-3
|
Section 3
| |
Chapter 72, Littering
|
Chapter 13
|
3-5-1956; revised in its entirety 6-3-1963
|
§ 72-1
|
Section 1
| |
§ 72-2
|
Section 2
| |
§ 72-3
|
Section 3
| |
§ 72-4
|
Section 4
| |
§ 72-5
|
No former section
|
Added 11-4-1985 by L.L. No. 17-1985
|
§ 72-6
|
Section 5
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Chapter 77, Noise
|
Chapter 39
|
12-2-1968
|
§ 77-1
|
Section 1
| |
§ 77-2
|
Section 2
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 77-3
|
Section 3
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Omitted
|
Section 4
| |
Chapter 80, Parks
|
L.L. No. 2-1974
|
6-4-1974
|
§ 80-1
|
Section 1
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 80-2
|
Section 2
|
Amended 6-25-1984 by L.L. No. 3-1984; 11-4-1985 by L.L. No.
17-1985
|
§ 80-3
|
Section 3
|
Amended 12-19-1978 by L.L. No. 4-1978; 6-28-1984
by L.L. No. 3-1984
|
§ 80-4
|
Section 4
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Omitted
|
Section 5
| |
Omitted
|
Section 6
| |
Omitted
|
Section 7
| |
Chapter 87, Poles and Wires
| ||
Article I, Aboveground Poles and Wires
|
Chapter 12
|
3-5-1956
|
§ 87-1
|
Section 1
| |
§ 87-2A
|
Section 2
| |
§ 87-2B
|
Section 3
| |
§ 87-2C
|
Section 4
| |
§ 87-2D
|
Section 5
| |
Article II, Underground Wires
|
Chapter 42
|
7-7-1969
|
Sections I through III
| ||
Omitted
|
Sections IV and V
| |
Chapter 90, Property Maintenance
|
L.L. No. 2-1979
|
1-2-1979
|
§ 90-2
|
Section 1
| |
§ 90-3
|
Section 2
| |
§ 90-4
|
Section 3
| |
§ 90-5
|
Section 4
| |
Omitted
|
Section 5
| |
§ 90-1
|
Section 6
| |
§ 90-6
|
Section 7
| |
§ 90-7
|
Section 8
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 90-8
|
Section 9
| |
§ 90-9
|
Section 10
| |
§ 90-10
|
Section 11
| |
§ 90-11
|
Section 12
| |
§ 90-12
|
Section 13
| |
§ 90-13
|
Section 14
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Omitted
|
Section 15
| |
Chapter 102, Streets and Sidewalks
| ||
Article I, Encumbrances and Encroachments
|
Chapter 10
|
3-5-1956
|
§ 102-1
|
Section 1
| |
§ 102-2
|
Section 2
| |
§ 102-5
|
Section 3
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Omitted
|
Section 4
| |
§ 102-4
|
Section 5
| |
Omitted
|
Section 6
| |
§ 102-3
|
No former number
|
Added 11-4-1985 by L.L. No. 17-1985
|
Article II, Street Openings
|
L.L. No. 2-1975
|
5-19-1975
|
§ 102-6
|
Section 1
| |
§ 102-7
|
Section 2
| |
Omitted
|
Section 3
| |
Article III, Heavy Vehicles and Machinery
|
Chapter 23
|
3-5-1956
|
§ 102-8
|
Section 1
| |
§ 102-9
|
Section 2
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Chapter 106, Taxation
| ||
Article I, Aged Citizens Tax Exemption
|
L.L. No. 2-1980
|
3-25-1980
|
Omitted
|
Section 1
| |
Omitted
|
Section 2
| |
§ 106-1
|
Sections 34.1 and 34.2
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 106-2
|
Section 34.3
| |
§ 106-3
|
Section 34.4
| |
§ 106-4
|
Section 34.5
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Omitted
|
Section 3
| |
Article II, Tax on Utility Companies
|
L.L. No. 3-1970
|
7-6-1970
|
§ 106-5
|
Section 1
| |
§ 106-6
|
Section 2
| |
§ 106-7
|
Section 3
| |
§ 106-8
|
Section 4
| |
§ 106-9
|
Section 5
| |
§ 106-10
|
Section 6
| |
§ 106-11
|
Section 7
|
Amended 12-7-1970 by L.L. No. 5-1970
|
§ 106-12
|
Section 8
| |
§ 106-13
|
Section 9
| |
§ 106-14
|
Section 10
| |
§ 106-15
|
Section 11
| |
§ 106-16
|
Section 12
| |
§ 106-17
|
Section 13
| |
§ 106-18
|
Section 14
| |
§ 106-19
|
Section 15
| |
§ 106-20
|
Section 16
| |
§ 106-21
|
Section 17
| |
§ 106-22
|
Section 18
| |
Omitted
|
Section 19
| |
Omitted
|
Section 20
| |
Article III, Business Facilities Tax Exemptions
|
L.L. No. 1-1978
|
12-5-1978
|
Sections 1 through 5
| ||
Omitted
|
Section 6
| |
Article IV, Board of Assessment Review Hearings
|
L.L. No. 14-1975
|
11-18-1975
|
§ 106-28
|
Section 1
| |
Omitted
|
Section 2
| |
Chapter 110, Trees
|
Chapter 11
|
3-5-1956
|
§ 110-1
|
Section 1
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 110-2
|
Section 2
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 110-3
|
Section 3
| |
§ 110-4
|
Section 4
| |
§ 110-5
|
Section 5
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Chapter 118, Water
| ||
Article I, Water Supply System
|
L.L. No. 1-1975
|
1-13-1975
|
Omitted
|
Section 1
| |
§ 118-1
|
Section 2
| |
§ 118-2
|
1
| |
§ 118-3
|
2
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 118-4
|
3
| |
§ 118-5
|
4
| |
§ 118-6
|
5
| |
§ 118-7
|
6
| |
§ 118-8
|
7
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 118-9
|
8
| |
§ 118-10
|
9
| |
§ 118-11
|
10
| |
§ 118-12
|
11
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 118-13
|
12
| |
§ 118-14
|
13
| |
§ 118-15
|
14
| |
§ 118-16
|
15
| |
§ 118-17
|
16
| |
§ 118-18
|
17
| |
§ 118-19
|
18
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 118-20
|
No former number
|
Added 11-4-1985 by L.L. No. 17-1985
|
§ 118-21
|
19
| |
§ 118-22
|
20
| |
§ 118-23
|
21
| |
§ 118-24
|
22
| |
§ 118-25
|
23
| |
§ 118-26
|
24
| |
§ 118-27
|
25
| |
§ 118-28
|
26
| |
§ 118-29
|
27
| |
§ 118-30
|
28
| |
Omitted
|
Section 3
| |
Omitted
|
Section 4
| |
Article II, Control and Conservation
|
Chapter 31
|
7-29-1965
|
§ 118-31
|
Section 1
| |
§ 118-32
|
Section 2
|
Amended 11-4-1985 by L.L. No. 17-1985
|
§ 118-33
|
Section 3
| |
§ 118-34A
|
Section 4
| |
§ 118-34B
|
Section 5
| |
§ 118-35
|
Section 6
|
Amended 11-4-1985 by L.L. No. 17-1985
|
Omitted
|
Section 7
| |
Omitted
|
Section 8
| |
Chapter 120, Water and Sewer Connection Charge
|
L.L. No. 11-1975
|
9-8-1975
|
§ 120-1
|
Section 1
| |
§ 120-2
|
Section 2
| |
§ 120-3
|
Section 3
| |
§ 120-4
|
Section 4
| |
Chapter A125, Subdivision Regulations
|
Resolution
|
9-11-1974 (Planning Board); 11-4-1974 (Approved
by Board of Trustees)
|
Article I
|
Article 1
| |
§ A125-1
|
Unnumbered section
| |
§ A125-2
|
Article 2
| |
§ A125-3
|
Article 3
| |
Article II
|
Article 4
| |
§ A125-4
|
First unnumbered paragraph
| |
§ A125-5
|
A
| |
§ A125-6
|
B
| |
§ A125-7
|
C
| |
Article III
|
Article 5
| |
§ A125-8
|
1
| |
§ A125-9
|
2
| |
§ A125-10
|
3
| |
§ A125-11
|
4
| |
Article IV
|
Article 6
| |
§ A125-12
|
First unnumbered paragraph
| |
§ A125-13
|
1
| |
§ A125-14
|
2
| |
§ A125-15
|
3
| |
§ A125-16
|
4
| |
§ A125-17
|
6
| |
§ A125-18
|
7
| |
§ A125-19
|
8
| |
§ A125-20
|
9
| |
§ A125-21
|
10
| |
§ A125-22
|
11
| |
§ A125-23
|
12
| |
§ A125-24
|
13
| |
§ A125-25
|
14
| |
§ A125-26
|
15
| |
Article V
|
Article 7
| |
§ A125-27
|
Unnumbered paragraph
| |
Article VI
|
Article 8
| |
§ A125-28
|
Subsections a) through f)
| |
Omitted
|
Article 9
|
The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, as distributed and renumbered in § 1-2 above, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance 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 Montgomery 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 § 1-4 below.
All local laws and ordinances of a general and
permanent nature of the Village of Montgomery 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 § 1-4 of this local law shall not affect the following classes of local laws, ordinances, resolutions, 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 Montgomery prior
to the effective date of this local law or any action or proceeding
brought for the enforcement of such right or liability.
B.
An offense or act committed or done before the effective
date of this local law in violation of any legislative provision of
the Village of Montgomery 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 Montgomery.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Montgomery, including
cable television franchise.
E.
Any local law, ordinance or resolution of the Village
of Montgomery 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 Montgomery
or any portion thereof.
F.
Any ordinance or resolution of the Village of Montgomery
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 Montgomery or other instruments or evidence
of the Village's indebtedness.
G.
Local laws, ordinances or resolutions authorizing
the purchase, sale, lease or transfer of property, or any lawful contract
or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The dedication of property.
J.
Any local laws, ordinances or resolutions relating
to salaries, providing for employee benefits, establishing policies
pertaining to personnel or making appointments.
K.
Any local law, ordinance or resolution relating to
zoning or the Zoning Map.
L.
Any local law, ordinance or resolution relating to
fire prevention or protection.
M.
Any local law, ordinance or resolution pending adoption
during codification and upon the adoption of this local law relating
to:
N.
A local law, ordinance or resolution adopted on or
after January 5, 1982.
A.
In compiling and preparing the local laws, ordinances
and resolutions of the Village of Montgomery for adoption and revision
as part of the Code, certain grammatical changes and other minor nonsubstantive
changes were made in one or more of said ordinances. It is the intention
of the Board of Trustees that all such changes be adopted as part
of the Code as if the ordinances so changed had been previously formally
amended to read as such.
B.
Certain changes and revisions of a substantive nature
were made to various local laws, ordinances and resolutions included
within the Code during the process of codification. These changes
were made to bring the provisions into conformity with current practice
and the desired policies of the Board of Trustees, and it is the intent
of the Board that all such changes be adopted as part of the Code
as if the local laws, ordinances and resolutions so changed had been
previously formally amended to read as such. All such changes and
revisions shall be deemed to be in effect as of the effective date
of this local law. Such changes and revisions are cited within the
historical statements of individual chapters by the phrase "...amended
at time of adoption of Code..." and are as follows. (Chapter and section
number references are to the local laws, ordinances and resolutions
as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: Pursuant to § 1-6B, the following were amended or added: §§ 6-3, 28-1, 28-2, 28-3A and C, 28-4, 28-6, 31-1, 31-2, 31-5, 34-3, 34-22, 34-24, 42-4, 42-9, 42-12, 49-3, 72-5, 72-6, 77-2F, 77-3, 80-1, 80-2F, I, J, K and L, 80-4, 90-7G, 90-13, 102-5, 102-9, 106-1, 110-1, 110-2, 110-5, 118-3, 118-8G, 118-12A and B, 118-19C, 118-20, 118-32 and 118-35.
The following was deleted: Subsection G of
original Section 8 of Local Law No. 2-1979, adopted 1-2-1979.
A complete description of these changes is
on file in the office of the Village Clerk.
If any clause, sentence, paragraph, section,
Article or part of this local law or of any local law, ordinance or
resolution cited in the table in § 1-1B hereof 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 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 Clerk of the Village of Montgomery 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 to by the Clerk of the Village
of Montgomery, and such certified copy shall remain on file in the
office of said Clerk to be made available to persons desiring to examine
the same during all times while the said Code is in effect. The enactment
and application 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 Montgomery" or any
new local laws, ordinances 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 the 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 and 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 Montgomery 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, ordinances 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 or local laws, ordinances
or resolutions until such changes or local laws, ordinances or resolutions
are printed as supplements to said Code book, at which time such supplements
shall be inserted therein.
Copies of the Code may be purchased from the
Village Clerk of the Village of Montgomery upon the payment of a fee
to be set by resolution of the Board of Trustees, which Board may
also arrange by resolution for procedures for the periodic supplementation
thereof.
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 Montgomery, or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Village of Montgomery 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.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.