[Adopted 1-5-2010 by L.L. No. 3-2010]
A.Â
The Village is exempt from all of its own local laws, rules, and
regulations in the performance of its governmental functions.
B.Â
For the purposes of this exemption, "governmental functions" shall
be defined with the widest latitude so long as the Village is acting
in the furtherance of the public health, welfare, and safety, including,
but not limited to, providing a Village Hall; a public works garage,
storage area, or other facility; a parking lot; road repair; snow
removal; sanitation waste collection and treatment; and refuse and
recyclable collection; streetlighting; traditional utility services;
and cable, cellular, wi-fi, and similar communications services.
C.Â
In the event that there is any question as to whether or not the
Village is acting in its governmental capacity, there shall be a rebuttable
presumption that so long as the action is being undertaken with the
permission of the Village on property owned or leased by the Village,
or, with the authorization of the Village, being performed by Village
employees or contractors of the Village, the action is a "governmental"
function.
D.Â
Any voluntary action by the Village to abide by or follow all or
a portion of its local laws, rules, and/or regulations with regard
to one or more of its actions or functions shall not be deemed a waiver
of the Village's subsequent decision with regard to the same,
similar, or any other subsequent action to fully exercise its right
of exemption set forth in this section.
E.Â
The exemption set forth herein is solely for the benefit of the Village
and no other municipalities.
