Village of Huntington Bay, NY Chapter 1 General Provisions

[HISTORY: Adopted by the Board of Trustees of the Village of Huntington Bay: Art. I, 3-27-1978 by L.L. No. 4-1978. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 3-27-1978 by L.L. No. 4-1978]

Be it enacted by the Board of Trustees of the Village of Huntington Bay:

§ 1-1 Legislative intent.

The local laws, ordinances and resolutions of the Village of Huntington Bay referred to in the table set forth in § 1-2 of this Article shall be known collectively as the "Code of the Village of Huntington Bay," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in the table in § 1-2 of this Article.

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

Derivation Table

(Section numbers with asterisks in the second column have not been renumbered in the first column because they are section numbers which relate to titles, effective dates or severability clauses. For respective titles, refer to the first column; for severability, refer to § 1-6 hereof.)

New Number (chapter, title, Article, section)	Old Number (source)	Adoption Date
§ 5-1	1st sentence
§ 5-2	2nd sentence	Amended 1-9-1978 by L.L. No. 1-1978
Chapter 9, Building Construction	Resolution	6-12-1967
§ 9-1	1st paragraph
§ 9-2	2nd paragraph
Chapter 11, Building, Grading and Drainage	L.L. No. 4-1976	4-19-1976
§ 11-1	Sec. 1
§ 11-2	Sec. 2
§ 11-3	Sec. 3
§ 11-4	Sec. 4	Added 2-13-1978 by L.L. No. 2-1978
§ 11-5	Sec. 5	Added 2-13-1978 by L.L. No. 2-1978
§ 11-6	Sec. 6	Repealed 2-13-1978 by L.L. No. 2-1978
§ 11-7	Sec. 7
§ 11-8	Sec. 8
§ 11-9	Sec. 9
§ 11-10	Sec. 10
§ 11-11	Sec. 11
§ 11-12	Sec. 12
§ 11-13	Sec. 13
§ 11-14	Sec. 14
§ 11-15	Sec. 15
§ 11-16	Sec. 16
§ 11-17	Sec. 17
§ 11-18	Sec. 18	Amended 1-9-1978 by L.L. No. 1-1978
§ 11-19	Sec. 19
	Sec. 20*
	Sec. 21*
	Sec. 22*
Chapter 13, Building, Structure and Property Maintenance
Article I	L.L. No. 5-1976	4-19-1976
§ 13-1	Sec. 1
§ 13-2	Sec. 2
§ 13-3	Sec. 3
§ 13-4	Sec. 4
§ 13-5	Sec. 5	Amended 1-9-1978 by L.L. No. 1-1978
	Sec. 6*
	Sec. 7*
	Sec. 8*
Article II	Ordinance	5-4-1946
§ 13-6	Sec. 1
§ 13-7	Sec. 2	Amended 1-9-1978 by L.L. No. 1-1978
§ 13-8	Sec. 3
§ 13-9	Sec. 4
Article III	Ordinance	5-4-1946
§ 13-10	Sec. 1
§ 13-11	Sec. 2
§ 13-12	Sec. 3
§ 13-13	Sec. 4
§ 13-14	Sec. 5	Amended 1-9-1978 by L.L. No. 1-1978
Chapter 15, Buildings, Unsafe	L.L. No. 6-1976	4-19-1976
§ 15-1	Sec. 1
§ 15-2	Sec. 2
§ 15-3	Sec. 3
§ 15-4	Sec. 4
§ 15-5	Sec. 5
§ 15-6	Sec. 6
§ 15-7	Sec. 7
§ 15-8	Sec. 8
	Sec. 9*
	Sec. 10*
	Sec. 11*
Chapter 20, Dogs and Other Animals
Article I	L.L. No. 1-1974	6-20-1974
§ 20-1	Sec. 1
§ 20-2	Sec. 2
§ 20-3	Sec. 3
§ 20-4	Sec. 4
§ 20-5	Sec. 5
§ 20-6	Sec. 6
	Sec. 7*
Article II	Ordinance	7-6-1937
§ 20-7	Sec. 1
§ 20-8	Sec. 2
§ 20-9	Sec. 3	Added 12-10-1956
Chapter 23, Environmental Quality Review	L.L. No. 1-1977	3-14-1977
§ 23-1	Sec. 1
§ 23-2	Sec. 2
§ 23-3	Sec. 3
	Sec. 4*
	Sec. 5*
Chapter 26, Ethics, Code of	Resolution	8-10-1970
§ 26-1	Sec. 1
§ 26-2	Sec. 2
§ 26-3	Sec. 3
§ 26-4	Sec. 4
§ 26-5	Sec. 5
§ 26-6	Sec. 6
	Sec. 7*
Chapter 30, Firearms and Weapons	Ordinance	3-11-1957
§ 30-1	Sec. I
§ 30-2	Sec. II	Amended 1-9-1978 by L.L. No. 1-1978
Chapter 32, Fire Prevention	L.L. No. 4-1975	11-10-1975
§ 32-1	Sec. 1
§ 32-2	Sec. 2
	Sec. 3*
Chapter 36, Garage Sales	L.L. No. 3-1975	12-8-1975
§ 36-1	Sec. 1
§ 36-2	Sec. 2
§ 36-3	Sec. 3	Amended 1-9-1978 by L.L. No. 1-1978
	Sec. 4*
Chapter 39, Garbage, Rubbish and Refuse	Ordinance	11-3-1947
§ 39-1	1st sentence
§ 39-2	2nd sentence	Amended 1-9-1978 by L.L. No. 1-1978
Chapter 45, Lights, Outdoor
Article I	L.L. No. 9-1976	12-13-1976
§ 45-1	Sec. 1
§ 45-2	Sec. 2	Amended 1-9-1978 by L.L. No. 1-1978
	Sec. 3*
Chapter 48, Local Laws, Adoption of	L.L. No. 1-1976	4-12-1976
§ 48-1	Sec. 1
§ 48-2	Sec. 2
§ 48-3	Sec. 3
§ 48-4	Sec. 4
§ 48-5	Sec. 5
	Sec. 6*
Chapter 53, Open Development Areas	L.L. No. 7-1976	6-14-1976
§ 53-1	Sec. 1
	Sec. 2*
Chapter 57, Peace and Good Order	L.L. No. 2-1975	12-8-1975
§ 57-1	Sec. 1
§ 57-2	Sec. 2
§ 57-3	Sec. 3
§ 57-4	Sec. 4
§ 57-5	Sec. 5
§ 57-6	Sec. 6
§ 57-7	Sec. 7
§ 57-8	Sec. 8	Amended 1-9-1978 by L.L. No. 1-1978
	Sec. 9*
	Sec. 10*
	Sec. 11*
Chapter 60, Peddling and Soliciting	Ordinance	11-9-1964
§ 60-1	Sec. 1
§ 60-2	Sec. 2
§ 60-3	Sec. 3	Amended 1-9-1978 by L.L. No. 1-1978
Chapter 63, Planning Board	Resolution	4-12-1976
§ 63-1	Unnumbered
Chapter 68, Sewage Disposal	Ordinance	4-1-1924
§ 68-1	Paragraph 1
§ 68-2	Paragraph 2
§ 68-3	Unnumbered	Amended 1-9-1978 by L.L. No. 1-1978
Chapter 71, Signs	Ordinance	11-4-1957
§ 71-1	Unnumbered
§ 71-2	Unnumbered
	Unnumbered*
Chapter 74, Streets and Sidewalks
Article I	Ordinance	4-1-1924
§ 74-1	Paragraph 1
§ 74-2	Paragraph 2
§ 74-3	Paragraph 3
§ 74-4	Paragraph 4
§ 74-5	Paragraph 5
§ 74-6	Paragraph 6
§ 74-7	Unnumbered	Amended 1-9-1978 by L.L. No. 1-1978
Article II	Ordinance	8-11-1924
§ 74-8	Unnumbered
§ 74-9	Unnumbered	Amended 1-9-1978 by L.L. No. 1-1978
Article III	Ordinance	11-3-1947
§ 74-10	1st sentence
§ 74-11	2nd sentence	Amended 1-9-1978 by L.L. No. 1-1978
Chapter 77, Subdivision of Land	Regulations	2-18-1958
§ 77-1	Unnumbered
§ 77-2	Unnumbered
§ 77-3	Unnumbered Subsections, Paragraphs 1 through 14
§ 77-4	Unnumbered Subsections, Paragraphs 1 through 12
§ 77-5	Unnumbered
§ 77-6	Unnumbered
Chapter 80, Taxation
Article I	L.L. No. 1-1968	6-10-1968
§ 80-1	Sec. 1
§ 80-2	§ 2
§ 80-3	§ 3
§ 80-4	§ 4
§ 80-5	§ 5
§ 80-6	§ 6
§ 80-7	§ 7
§ 80-8	§ 8
§ 80-9	§ 9
§ 80-10	§ 10
§ 80-11	§ 11
§ 80-12	§ 12
§ 80-13	§ 13
§ 80-14	§ 14
§ 80-15	§ 15
§ 80-16	§ 16
§ 80-17	§ 17
§ 80-18	§ 18
	§ 19*
	§ 20*
Article II	Ordinance	12-9-1968
§ 80-19	1st paragraph	Amended 11-8-1970
§ 80-20	2nd paragraph	Amended 12-11-1972, 1-13-1975, 8-8-1977
§ 80-21	3rd paragraph
§ 80-22	4th paragraph
	5th paragraph*
Chapter 84, Vehicles and Traffic	Ordinance	11-13-1972
Article I	Article I
§ 84-1	Sec. 10
Article II	Article II
§ 84-2	Sec. 20	Amended 6-10-1974
§ 84-3	Sec. 21	Added 8-11-1975 by L.L. No. 1-1975
Article III	Article III
§ 84-4	Sec. 30
Article IV	Article IV
§ 84-5	Sec. 40
§ 84-6	Sec. 41
Article V	Article V
§ 84-7	Sec. 50	Amended 5-13-1974, 5-9-1977 by L.L. No. 2-1977
Article VI	Article VI
§ 84-8	Sec. 60(1)
§ 84-9	Sec. 60(2)
Chapter 87, Waterways and Watercourses
Article I	Ordinance	4-1-1924
§ 87-1	Unnumbered
Article II	Ordinance	10-14-1968
§ 87-2	Sec. 1
§ 87-3	Sec. 2
§ 87-4	Sec. 3
§ 87-5	Sec. 4
§ 87-6	Sec. 5	Amended 1-9-1978 by L.L. No. 1-1978
	Sec. 6*
Chapter 89, Wetlands Preservation	L.L. No. 3-1976	8-17-1976
§ 89-1	Sec. 1
§ 89-2	Sec. 2
§ 89-3	Sec. 3
	Sec. 4*
	Sec. 5*
Chapter 91, Zoning	Ordinance	12-27-1935
Article I	Article I
	Sec. 1*
§ 91-1	Sec. 2	Added 9-14-1972
	Sec. 3*	Added 9-14-1972
	Article II
§ 91-2	Sec. 1	Amended 10-9-1946, 7-29-1974, 2-13-1978 by L.L. No. 3-1978
Article II	Article III
§ 91-3	Sec. 1
§ 91-4	Sec. 2
§ 91-5	Sec. 3
§ 91-6	Sec. 4
	Sec. 5	Deleted 8-10-1964
Article III	Article IV
§ 91-7	Unnumbered section, Subsections 1 through 10	Amended 10-9-1946, 5-7-1951, 4-4-1960, 8-8-1977 by L.L. No. 3-1977
§ 91-8	Unnumbered
§ 91-9	Unnumbered section, Subsections A through C	Amended 10-9-1946
§ 91-10	Unnumbered section, Subsections A through E, A and A	Amended 10-9-1946, 3-3-1951, 6-8-1959
§ 91-11	Unnumbered section, Subsections A through D	Added 3-3-1951, 1-28-1963
§ 91-12	Sections 1 through 9	Added 11-14-1960, amended 4-12-1976 by L.L. No. 2-1976, 2-13-1978 by L.L. No. 3-1978
§ 91-13	Sections 1 and 2	Added 12-13-1976 by L.L. No. 8-1976
	Article V	Eliminated 8-10-1964, new Article added 9-14-1972, repealed 6-20-1973
Article IV		Added 9-14-1972
§ 91-14	Sec. 1
§ 91-15	Sec. 2
§ 91-16	Sec. 3
Article V	Article VI
§ 91-17	Sec. 1
§ 91-18	Sec. 2
§ 91-19	Sec. 3
§ 91-20	Sec. 4
§ 91-21	Sec. 5
§ 91-22	Sec. 6
§ 91-23	Sec. 7
§ 91-24	Sec. 8	Added 3-3-1951, 12-1-1951
Article VI	Article VII
§ 91-25	Sec. 1	Amended 3-3-1951
§ 91-26	Sec. 2
	Sec. 3*
§ 91-27	Sec. 4
§ 91-28	Sec. 5 and 8	Added 3-3-1951
§ 91-29	Sec. 6
	Sec. 7*
Article VII	Article VIII
§ 91-30	Unnumbered
	Article IX*

§ 1-3 Repeal of local laws and ordinances not contained in Code.

The local laws and ordinances of a general and permanent nature enacted or adopted by the Board of Trustees of the Village of Huntington Bay and in force on the date of the adoption of this local law and not contained in the Code of the Village of Huntington Bay are hereby repealed as of the effective date of this local law, except as hereinafter provided.

§ 1-4 Local laws, ordinances and resolutions saved from repeal; matters not affected by repeal.

The repeal of local laws and ordinances provided for in § 1-3 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:A. Any right or liability established, accrued or incurred under any legislative provision of the Village of Huntington Bay 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 Huntington Bay 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 Huntington Bay.D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Huntington Bay.E. Any local law, ordinance or resolution of the Village of Huntington Bay providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village of Huntington Bay or any portion thereof.F. Any ordinance or resolution of the Village of Huntington Bay 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 Huntington Bay or other instruments or evidence of the village's indebtedness.G. Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.H. The levy or imposition of special assessments or charges.I. The dedication of property.J. Any local laws, ordinances or resolutions relating to salaries.K. Any local law or resolution of the Village of Huntington Bay adopted subsequent to January 9, 1978.

§ 1-5 Meaning and intent of previously adopted legislation unchanged.

In compiling and preparing the local laws, ordinances and resolutions of the village for publication as the Code of the Village of Huntington Bay, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.

§ 1-6 Severability.

[Amended 9-9-2002 by L.L. No. 3-2002]

If any part or provision of this local law or of any local law or ordinance cited in the table in § 1-2 hereof or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder thereof or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent.

§ 1-7 Copies of Code on file.

Three copies of the Code of the Village of Huntington Bay, in looseleaf form, have been filed in the office of the Village Clerk of the Village of Huntington Bay and shall remain there for the use and examination by the public until final action is taken on this local law. If this local law shall be adopted, such copies shall be certified to by the Village Clerk of the Village of Huntington Bay by impressing thereon the Seal of the Village of Huntington Bay, and such certified copies shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-8 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 Huntington Bay," 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 of the Village of Huntington Bay shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code of the Village of Huntington Bay shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing 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 therein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Board of Trustees deems desirable. Legislation originally adopted by resolution may be amended by local law or resolution. Legislation originally adopted by ordinance or local law may be amended only by local law.

§ 1-9 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 Huntington Bay required to be filed in the office of the Village Clerk for the use of 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 or local laws or resolutions until such changes or local laws or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-10 Sale of Code book; supplementation.

Copies of the Code book containing the Code of the Village of Huntington Bay may be purchased from the Village Clerk upon the payment of a fee to be set by resolution of the Board of Trustees, which may also arrange by resolution for procedures for the periodic supplementation thereof.

§ 1-11 Penalties for offenses.

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 Huntington Bay or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the village to be misrepresented thereby or who commits an offense against any other provision of this local law shall be guilty of a violation and shall, upon conviction thereof, be subject to a fine of not more than $250 or to imprisonment for a term of not more than 15 days, or both.

§ 1-12 Incorporation of provisions into Code.

The provisions of this local law are hereby made Chapter 1 of the Code of the Village of Huntington Bay to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.

§ 1-13 When effective.

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