[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.
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:
- ADMINISTRATOR or VILLAGE ADMINISTRATOR
- The Village Administrator of the Incorporated Village of Roslyn in the County of Nassau and State of New York.
- ATTORNEY or VILLAGE ATTORNEY
- 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.
- BOARD OF APPEALS or ZONING BOARD OF APPEALS
- The Zoning Board of Appeals of the Incorporated Village of Roslyn in the County of Nassau and State of New York.
- BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
- The Board of Trustees of the Incorporated Village of Roslyn in the County of Nassau and State of New York.
- BUILDING INSPECTOR
- 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.
- CODE ENFORCEMENT OFFICER
- 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.
- CODE or THIS CODE
- Unless otherwise specifically qualified means the Code of the Incorporated Village of Roslyn, New York.
- CONSERVATION ADVISORY COUNCIL
- The Conservation Advisory Council of the Incorporated Village of Roslyn, New York, established pursuant to § 239-x of the General Municipal Law.
- CORPORATE LIMITS or CORPORATION LIMITS
- The legal boundary of the Incorporated Village of Roslyn, New York.
- The County of Nassau in the State of New York.
- COUNTY CLERK
- The County Clerk of the County of Nassau in the State of New York.
- See "Village Engineer."
- HEALTH DEPARTMENT
- The Nassau County Department of Health.
- HISTORIC DISTRICT BOARD
- The Historic District Board of the Incorporated Village of Roslyn, New York.
- LICENSING OFFICER
- 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.
- POLICE DEPARTMENT
- The Nassau County Department of Police.
- Place or places.
- Real or personal property.
- PUBLIC PLACE
- 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.
- REAL PROPERTY
- 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.
- SUPERINTENDENT OF BUILDINGS
- See "Building Inspector."
- SUPERINTENDENT OF PUBLIC WORKS
- 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.
- UNIFORM CODE
- The New York State Uniform Fire Prevention and Building Code.
- VILLAGE ADMINISTRATOR
- See "Administrator."
- VILLAGE ATTORNEY
- See "Attorney."
- VILLAGE BOARD OF TRUSTEES
- The Board of Trustees of the Village.
- VILLAGE CLERK
- The Clerk/Treasurer of the Village.
- VILLAGE ENGINEER
- A licensed professional engineer of the State of New York or an engineering firm retained by the Village to provide engineering services.
- VILLAGE JUSTICE
- The Village Justice (or the Acting Village Justice) of the Incorporated Village of Roslyn, New York.
- VILLAGE, THIS VILLAGE or VILLAGE OF ROSLYN
- The Incorporated Village of Roslyn in the County of Nassau and State of New York.
- VILLAGE TREASURER
- The Clerk/Treasurer of the Incorporated Village of Roslyn, New York.
- ZONING BOARD OF APPEALS
- See "Board of Appeals."
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.
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.
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.
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.
Words used in the present tense include the future tense.
The singular number includes the plural.
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.
"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.
"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.
"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.
"Preceding" and "following" mean next before and next after, respectively.
The word "or" may be read "and" and the word "and" may be read "or" if the sense requires it.
"Written" or "in writing" means any representation of words, letters or figures, whether by printing or otherwise.
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.
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.
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.
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.
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)."
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."
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.
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.
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.
Continuing violations. Each week's continued violation shall constitute a separate and additional violation.
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.
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.
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.
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:
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.
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.
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.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Roslyn.
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.
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.
Local laws authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any local law relating to salaries and compensation.
Any local law amending the Zoning Map.
Any local law relating to or establishing a pension plan or pension fund for municipal employees.
Any local law or portion of a local law establishing a specific fee amount for any license, permit or service obtained from the Village.
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.
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.
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."
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.)
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.