[HISTORY: Adopted by the Board of Trustees of the Village
of Roslyn as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-18-2000 by L.L. No. 1-2000 as Chs. 1 and 36 of
the 2000 Code]
This codification of enactments, whether formerly ordinances
or local laws or new enactments, is and is intended to be a complete
compilation of all local laws of a general nature effective in the
Incorporated Village of Roslyn, in the County of Nassau and State
of New York. The laws embraced in the following chapters and sections
shall constitute and be designated the "Code of the Incorporated Village
of Roslyn, New York," and may be so cited.
A.
ADMINISTRATOR or VILLAGE ADMINISTRATOR
ATTORNEY or VILLAGE ATTORNEY
BOARD OF APPEALS or ZONING BOARD OF APPEALS
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
BUILDING INSPECTOR
CLERK
CLERK/TREASURER
CODE ENFORCEMENT OFFICER
CODE or THIS CODE
CONSERVATION ADVISORY COUNCIL
CORPORATE LIMITS or CORPORATION LIMITS
COUNTY
COUNTY CLERK
ENGINEER
HEALTH DEPARTMENT
HISTORIC DISTRICT BOARD
LICENSING OFFICER
MAYOR
OATH
OWNER
PERSON
PERSONAL PROPERTY
POLICE DEPARTMENT
PREMISES
PROPERTY
PUBLIC PLACE
REAL PROPERTY
RESIDENCE
SEAL
SIDEWALK
STATE
STREET
SUPERINTENDENT OF BUILDINGS
SUPERINTENDENT OF PUBLIC WORKS
TENANT
TRUSTEE
UNIFORM CODE
VILLAGE ADMINISTRATOR
VILLAGE ATTORNEY
VILLAGE BOARD OF TRUSTEES
VILLAGE CLERK
VILLAGE ENGINEER
VILLAGE JUSTICE
VILLAGE, THIS VILLAGE or VILLAGE OF ROSLYN
VILLAGE TREASURER
ZONING BOARD OF APPEALS
Specific
terms. 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 Village Administrator of the Incorporated Village of
Roslyn in the County of Nassau and State of New York.
The Village Attorney of the Incorporated Village of Roslyn,
New York, or an attorney or firm of attorneys retained by the Village
to perform legal services for the Village normally performed by a
village attorney or in matters requested by the Board of Trustees.
The Zoning Board of Appeals of the Incorporated Village of
Roslyn in the County of Nassau and State of New York.
The Board of Trustees of the Incorporated Village of Roslyn
in the County of Nassau and State of New York.
An enforcement officer appointed by the Mayor subject to approval of the Board of Trustees to enforce certain provisions of the Code as specified in Chapter 25, Code Enforcement, of this Code. The Building Inspector is also known as the "Superintendent of Buildings."
See "County Clerk" and "Village Clerk."
The Village Clerk/Treasurer of the Incorporated Village of
Roslyn, New York, which position was consolidated pursuant to the
Village Law § 3-301, Subdivision 2, to perform the duties
and functions of both the Village Clerk and Village Treasurer.
A certain enforcement officer appointed by the Mayor subject to approval of the Board of Trustees to enforce certain provisions of the Code as specified in Chapter 25, Code Enforcement, of this Code.
Unless otherwise specifically qualified means the Code of
the Incorporated Village of Roslyn, New York.
The Conservation Advisory Council of the Incorporated Village
of Roslyn, New York, established pursuant to § 239-x of
the General Municipal Law.
The legal boundary of the Incorporated Village of Roslyn,
New York.
The County of Nassau in the State of New York.
The County Clerk of the County of Nassau in the State of
New York.
See "Village Engineer."
The Nassau County Department of Health.
The Historic District Board of the Incorporated Village of
Roslyn, New York.
The Mayor of the Incorporated Village of Roslyn, New York,
unless he or she designates another Village officer pursuant to Village
Law § 4-400, Subdivision 1m.
The Mayor of the Incorporated Village of Roslyn, New York.
An affirmation in all cases in which, by law, an affirmation
may be substituted for an oath, and in such cases the words "swear"
and "sworn" shall be equivalent to the words "affirm" and "affirmed."
A person who has the legal title, alone or with another,
or exercises dominion or control over property both real and personal.
One or more natural persons, corporations, partnerships,
limited liability companies, associations, joint-stock companies,
societies and all other entities capable of being sued.
Every species of property except real property, as herein
described.[1]
The Nassau County Department of Police.
Place or places.
Real or personal property.
Any park, cemetery, schoolyard or open space adjacent thereto,
all municipal buildings, all beaches, canals or other waterways, sidewalks,
streets, avenues, boulevards, roads, alleys, lanes, viaducts and all
other public highways in the Village.
Lands, tenements and hereditaments.
The place adopted by a natural person as his or her place
of habitation and to which, whenever he or she is absent, he or she
has the intention of returning. When a person eats at one place and
sleeps at another, the place where such person sleeps shall be deemed
his or her residence.
The Village or Corporate Seal of the Incorporated Village
of Roslyn, New York.
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians, excluding parkways.
The State of New York.
Streets, avenues, boulevards, roads, alleys, lanes, viaducts
and all other public highways in the Village.
See "Building Inspector."
The Village official in charge of water, sewer, parks, roads,
lighting and other public works functions in the Village.
A person occupying real property under an oral or written
lease or who is in possession of real property under the actual or
tacit consent of the owner. Whenever a person, not the owner, occupies
real property, it shall be presumed that he or she it occupies the
same as a tenant.
A Trustee of the Incorporated Village of Roslyn, New York.
The New York State Uniform Fire Prevention and Building Code.
See "Administrator."
See "Attorney."
The Board of Trustees of the Village.
The Clerk/Treasurer of the Village.
A licensed professional engineer of the State of New York
or an engineering firm retained by the Village to provide engineering
services.
The Village Justice (or the Acting Village Justice) of the
Incorporated Village of Roslyn, New York.
The Incorporated Village of Roslyn in the County of Nassau
and State of New York.
The Clerk/Treasurer of the Incorporated Village of Roslyn,
New York.
See "Board of Appeals."
[1]
Editor's Note: The former definition of "Planning Board,"
which immediately followed this definition, was repealed 6-17-2014
by L.L. No. 8-2014.
B.
Applicability
of General Construction Law. Words which are not otherwise above described
and which are defined in the General Construction Law shall have the
same meanings as defined therein.
C.
Names
of officers, boards, departments, commissions and other agencies.
The names of officers, boards, departments, commissions and other
agencies used in this Code shall be construed as though the words
"of the Incorporated Village of Roslyn, New York" were added unless
the context or subject matter otherwise requires.
D.
Other
words. All other words used in this Code and 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, limited liability companies,
associations, joint-stock companies, societies, and all other entities
capable of being sued.
D.
"Computation
of time" means that whenever a notice is required to be given or an
act to be done or a certain length of time to elapse before any proceeding
shall be had, the day on which such notice is given or such act is
done shall be counted in computing the time, but the day on which
such proceeding is to be had shall not be counted.
E.
"Delegation
of authority" means that whenever a provision appears which requires
the head of a department of the Village to do some act or make certain
inspections, it is to be construed to authorize the head of the department
to designate, delegate and authorize subordinates to perform the required
act or make the required inspection unless the terms of the provision
or section designate otherwise.
F.
"Interpretation"
means that in the interpretation and application of any provision
of this Code, it shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare. Where any provision of this Code imposes greater
restrictions upon the subject matter than the restrictions imposed
by any other law or regulation or any more general provisions of this
Code, the provisions imposing the greater restriction or regulation
shall be deemed to be controlling.
G.
"Preceding"
and "following" mean next before and next after, respectively.
H.
The
word "or" may be read "and" and the word "and" may be read "or" if
the sense requires it.
I.
"Written"
or "in writing" means any representation of words, letters or figures,
whether by printing or otherwise.
A.
The
repeal of a chapter, in whole or in part, contained in this Code shall
not revive any prior ordinance or local law heretofore repealed.
B.
The
repeal of any chapter, in whole or in part, contained in this Code
shall not affect any punishment or penalty incurred, nor shall it
have any effect on existing litigation, and it shall not operate as
an abatement of any action or proceeding now pending or which may
be brought by virtue of the chapter or part thereof so repealed for
any violation or act committed prior to the effective date of the
repeal unless specifically abated.
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.
A.
This Code
may be amended by local law adopted by vote of the Board of Trustees
after public hearing. Pursuant to Subdivision 5 of § 20
of the Municipal Home Rule Law, a public hearing on the adoption of
a local law shall be held on public notice of at least three days
unless otherwise prescribed by law or by a specific article of this
Code. A local law amending this Code shall be effective upon filing
with the Secretary of State.
B.
All
local laws passed subsequent to this Code which amend, repeal or in
any way affect this Code may be numbered in accordance with the numbering
system of this Code and printed for inclusion therein or, in the case
of chapters, sections and subsections or any part thereof repealed
by subsequent local laws, such repealed portions may be excluded from
the Code by omission from reprinted pages affected thereby, and the
subsequent local laws as numbered and printed or omitted, in the case
of repeal, shall be prima facie evidence of such subsequent local
laws until such time that this Code and subsequent numbered or omitted
chapters, sections and subsections in any part thereof are readopted
as a new Code by the Board of Trustees.
C.
Amendments
to any of the provisions of this Code should be made by amending such
provisions by specific reference to the section of this Code in substantially
the following language: "That Section _______ of the Code of the Incorporated
Village of Roslyn, New York, is hereby amended to read as follows:
_______ (set out new provisions in full)."
D.
When
the Board of Trustees desires to enact a local law of a general and
permanent nature on a subject not heretofore existing in the Code,
the following language shall be made a part of the local law: "Section
________. It is the intention of the Board of Trustees and it is hereby
ordained that the provisions of this Code of the Incorporated Village
of Roslyn, New York, and the sections of this local law may be renumbered
to accomplish such intention."
E.
All
sections, articles, chapters or provisions of this Code desired to
be repealed should be specifically repealed by section number or chapter,
as the case may be.
It shall be unlawful for any person in the Village to change
or amend, by additions or deletions, any part or portion of this Code,
or to insert or delete pages, or portions thereof, or to alter or
tamper with such Code in any manner whatsoever which will cause the
laws of the Village to be misrepresented thereby. The failure of any
local law to contain this specific language, however, shall not affect
the validity of such local law.
A.
General
penalty. Whenever in this Code by any resolution or local law of the
Village any act or conduct is prohibited or is made or declared to
be unlawful, a violation or an offense, or whenever in such Code by
resolution or local law the doing of any act is required or the failure
to do any act is declared to be unlawful, where no specific penalty
is provided therefor, the violation of such resolution or local law
shall constitute a violation pursuant to the Penal Law and shall be
punishable under its provisions, including a fine not exceeding $250.
B.
Specific penalties. Any person who shall violate any provision of Chapter 164, Chapter 179, Chapter 190, Articles I and II, Chapter 237, Chapter 265, Chapter 340, Chapter 353, Chapter 385, Chapter 392, Chapter 397, Article I, Chapter 400, Article I, Chapter 406 or Chapter 442 shall, upon conviction, be guilty of a violation 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.[1]
C.
Continuing
violations. Each week's continued violation shall constitute
a separate and additional violation.
D.
Remedies.
In addition to any penalty specifically provided for under any provision
in this Code and in all cases, the Board of Trustees may enforce obedience
of its laws by injunction. In addition it may institute any appropriate
action or proceeding to prevent any unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, use or
division of property, to restrain, correct or abate such violation,
to prevent the occupancy of a building, structure or land or to prevent
any illegal act, conduct, business, or use in or about the premises.
E.
Persons
responsible for violations. The owner, agent, landlord or tenant of
any building, structure, premises or land, or any part thereof, in
or on which any violations of any provision of this Code shall have
been committed or shall exist and any agent, builder, contractor,
corporation or any other person who commits, assists or was employed
in connection with such violation or who maintains any building, structure,
premises or land in or on which such violation shall exist shall be
deemed to have notice of such violation, shall be guilty of a separate
offense and for the offense committed and shall be punishable as provided
herein.
In all cases where the same offense or violation may be made
punishable or shall be created by different clauses or sections of
the resolutions or local laws of the Village, the prosecuting officer
may elect under which to proceed.
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.
The failure of any officer or employee of the Village to perform
an official act imposed by this Code shall not be an offense and shall
not subject such officer or employee to the penalty imposed for the
violation of any provision of this Code, unless a penalty is specifically
provided therefor.
A.
Wherever any officer of the Village is granted certain powers or
duties or is designated as the enforcement officer of a specific chapter
or portion thereof, such shall also be construed to include the deputies,
assistants and representatives of such officer as may be designated,
delegated or authorized by the Board of Trustees to exercise such
powers or duties.
B.
While acting within the scope of their employment, it shall be presumed
that all acts performed by such deputies, assistants and representatives
were duly delegated and authorized.
In case any provision of this Code is inconsistent with any
provision of the Village Law, pursuant to the authority contained
in Subdivision 1(ii)e(3) of § 10 of the Municipal Home Rule
Law, the Village Law is modified and superseded in its application
to the Incorporated Village of Roslyn to the extent and only to the
extent that the Village Law is inconsistent with any provision of
this Code.
The provisions of this Code shall be liberally construed in
order to effectuate the purposes for which this Code and the laws
contained herein are enacted.
[Adopted 9-21-2010 by L.L. No. 1-2010]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws of the Village of Roslyn, as codified by General Code, and consisting of Chapters 1 through 470, shall be known collectively as the "Code of the Village of Roslyn," hereafter termed the "Code." Wherever reference is made in any of the local laws contained in the Code of the Village of Roslyn to any other local law 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 had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law. 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 Roslyn, 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 as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-17 below.
All local laws of a general and permanent nature of the Village
of Roslyn 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 provided for in § 1-17 of this local law shall not affect the following classes of local laws, 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 Roslyn 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 Roslyn 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 Roslyn.
D.
Any agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Roslyn.
E.
Any local law of the Village of Roslyn 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 Roslyn or any portion thereof.
F.
Any local law of the Village of Roslyn 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 Roslyn or
other instruments or evidence of the Village's indebtedness.
G.
Local laws 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 relating to salaries and compensation.
K.
Any local law amending the Zoning Map.
L.
Any local law relating to or establishing a pension plan or pension
fund for municipal employees.
M.
Any local law or portion of a local law establishing a specific fee
amount for any license, permit or service obtained from the Village.
N.
Any local law adopted subsequent to December 15, 2009.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law 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 has been filed in the office of the Village
Clerk/Treasurer of the Village of Roslyn 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/Treasurer of the Village of Roslyn
by impressing thereon the Seal of the Village of Roslyn, and such
certified copy shall remain on file in the office of said Village
Clerk/Treasurer 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 known collectively as the "Code of the Village
of Roslyn" 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 inserted in said Code
as amendments and supplements thereto. Nothing contained in this local
law shall affect the status of any local law or resolution contained
herein, and such local laws 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/Treasurer to keep
up-to-date the certified copy of the Code of the Village of Roslyn
required to be filed in the office of the Village Clerk/Treasurer
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 included as supplements to said Code.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Village Clerk/Treasurer, or an authorized agent
of the Clerk/Treasurer, upon the payment of a fee to be set by resolution
of the Board of Trustees. The Clerk/Treasurer may also arrange for
procedures for the periodic supplementation of the Code.
Any person who alters or tampers with the Code of the Village
of Roslyn in any manner whatsoever which will cause the legislation
of the Village of Roslyn 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 for publication as the Code of the Village of Roslyn, no changes in the meaning or intent of such local laws have been made, except as provided for in Subsection B hereof. 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 had been previously formally amended to read as such.
B.
The following changes are made throughout the Code: references to
the "Clerk" and "Treasurer" are amended to read "Clerk/Treasurer";
references to "Chairman" and "Chair" are amended to read "Chairperson";
and references to the "Master Plan," "Comprehensive Master Plan" and
"Village Plan" are amended to read "Comprehensive Plan."
C.
The amendments and/or additions as set forth in Schedule A attached
hereto and made a part hereof are made herewith, to become effective
upon the effective date of this local law. (Chapter and section number
references are to the local laws as they have been renumbered and
appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-25C, 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 II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-21-2010 by L.L. No. 1-2010." 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.
