Village of Montgomery, NY Adoption of Code

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.

§ 1-2 Distribution of local laws, ordinances and resolutions.

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
§§ 12-1 through 12-9	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
Article II, § 59-4	§ 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
§§ 87-3 through 87-5	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
§§ 106-23 through 106-27	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

§ 1-3 Continuation of existing provisions.

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.

§ 1-4 Repeal of enactments not included in Code.

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.

§ 1-5 Enactments saved from repeal; matters not affected.

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:

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Montgomery, including cable television franchise.

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.

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.

Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.

The levy or imposition of special assessments or charges.

The dedication of property.

Any local laws, ordinances or resolutions relating to salaries, providing for employee benefits, establishing policies pertaining to personnel or making appointments.

Any local law, ordinance or resolution relating to zoning or the Zoning Map.

Any local law, ordinance or resolution relating to fire prevention or protection.

Any local law, ordinance or resolution pending adoption during codification and upon the adoption of this local law relating to:

(1)

Buildings: Dangerous or Unfit.

(2)

Dogs and Animals.

(3)

Firearms and Explosives.

(4)

Fire Prevention and Protection.

(5)

Peace and Good Order.

(6)

Peddling and Soliciting.

(7)

Snow and Ice Removal.

(8)

Snowmobiles and Bicycles.

(9)

Vehicles, Abandoned.

(10)

Vehicles and Traffic.

A local law, ordinance or resolution adopted on or after January 5, 1982.

§ 1-6 Changes and revisions in previously adopted legislation.

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.

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.

§ 1-7 Severability.

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.

§ 1-8 Copy of Code on file; publication.

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.

§ 1-9 Amendments to Code.

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.

§ 1-10 Code book to be kept up-to-date.

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.

§ 1-11 Sale of Code book; supplementation.

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.

§ 1-12 Penalties for tampering with Code books.

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.

§ 1-13 Incorporation of provisions into Code.

The provisions of this local law are hereby made Chapter 1 of the Code of the Village of Montgomery to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-14 inclusive.

§ 1-14 When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.