[Adopted 1-2-1990 by L.L. No. 1-1990]
A.Â
If any clause, sentence, paragraph, section, article
or part of the Code of the Village of Montgomery, New York, shall
be adjudged by any court of competent jurisdiction to be inconsistent
with any provision of the Village Law or any special law, the same
shall amend or supersede in its application to this Code any provision
of the Village Law or special law relating to the property, affairs
or government of the Village or of other matters in relation to which
and to the extent which it is authorized to adopt local laws by § 10
of the Municipal Home Rule Law, unless the legislature expressly shall
have prohibited the adoption of such a local law. Consistent with
Municipal Home Rule Law § 22, the failure of the Village
Board in adopting a local law changing or superseding any provision
of the state statute or of a prior local law or ordinance to specify
the chapter or local law or ordinance, number and year of enactment,
section, subsection or subdivision which it is intended to change
or supersede shall not under any circumstance affect the validity
of such local law. Necessary implications and intendments that such
local laws change or supersede such state statutes, prior local law
or ordinance shall be supplied and given effect and shall be as much
a part thereof as if written therein.
B.Â
The following sections shall be specifically superseded,
as applicable: Village Law § 1-100 through Village Law § 22-2200,
inclusive, or any special law, except where the legislature has expressly
prohibited supersession.
