Village of Dundee, NY Article I Miscellaneous Provisions

[Adopted 5-13-1975 by L.L. No. 1-1975 as Ch. 1 of the 1975 Village of Dundee Municipal Code]

§ 1-1 Definitions. [1]

A. 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:

ASSESSOR or VILLAGE ASSESSOR

The Assessor of the Village of Dundee, New York.

BOARD OF APPEALS or ZONING BOARD OF APPEALS

The Board of Appeals of the Village of Dundee, New York, appointed in accordance with the provisions of Chapter 138, Zoning, of this Code and § 7-712 of the Village Law.

BOARD OF TRUSTEES, VILLAGE BOARD or BOARD

The Board of Trustees of the Village of Dundee, New York.

CODE

Unless otherwise specifically qualified, the Code of the Village of Dundee.

[Amended 5-23-1989 by L.L. No. 2-1989]

CODE ENFORCEMENT OFFICER

The enforcing officer of Chapter 64, Fire Prevention and Building Code, Uniform.

[Added 5-23-1989 by L.L. No. 2-1989]

COUNTY

The County of Yates in the State of New York.

COUNTY CLERK

The County Clerk of the County of Yates in the State of New York.

FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT

The Fire Chief of the Village of Dundee, New York.[2]

HEALTH OFFICER

The official who serves as the Health Officer of the Village of Dundee, New York.

MAYOR

The Mayor of the Village of Dundee, New York.[3]

OWNER

A person who has the legal title, alone or with another, or exercises dominion or control over property, both real and personal.

PERSON

One or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.

POLICE CHIEF or CHIEF OF POLICE

The Police Chief of the Village of Dundee, New York.

REGISTRAR OF VITAL STATISTICS

The Registrar of Vital Statistics of the Village of Dundee, New York.

SEALER OF WEIGHTS AND MEASURES

The Sealer of Weights and Measures of the County of Yates in the State of New York.

SUPERINTENDENT or VILLAGE SUPERINTENDENT

The village official in charge of the Village Department of Public Works in the Village of Dundee, New York.

TRUSTEE

A Trustee of the Village of Dundee, New York.

VILLAGE, THIS VILLAGE or VILLAGE OF DUNDEE

The Village of Dundee in the County of Yates and State of New York.

VILLAGE ATTORNEY or ATTORNEY

The Village Attorney of the Village of Dundee, New York.

VILLAGE BOARD

The Board of Trustees of the Village of Dundee, New York.

VILLAGE CLERK, CLERK or CLERK-TREASURER

The Village Clerk-Treasurer of the Village of Dundee, New York.

VILLAGE ENGINEER

The engineer or engineering firm retained by the Village of Dundee, New York, to serve in the capacity of Engineer or consulting engineer to this village.

VILLAGE JUSTICE or POLICE JUSTICE

The Village Justice of the Village of Dundee, New York.

VILLAGE TREASURER

The Village Clerk-Treasurer of the Village of Dundee, New York.

ZONING OFFICER

The enforcement officer of Chapter 138, Zoning, and other related chapters and who is appointed by the Mayor, subject to the approval of the Board of Trustees, including the Mayor.[4]

[2] Editor's Note: The definition of "Fire Marshal," which immediately followed this definition, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

[3] Editor's Note: The definition of "Municipal Code," which immediately followed this definition, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

[4] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

B. All other words 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.

[1] Editor's Note: Former § 1.1, Title, which immediately preceded this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

§ 1-2 Word usage.

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, associations, joint-stock companies, societies and all other entities capable of being sued.[1]

[1] Editor's Note: Former § 1.4, Repeal of prior ordinances and local laws, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

§ 1-3 Repeal of chapters.

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 nor 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.[1]

[1] Editor's Note: Former § 1.6, Effect of invalidity, and § 1.7. Unlawful alteration of Code, which immediately followed this section, were deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.

§ 1-4 Annotations and material contained in brackets.

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.

§ 1-5 Most restrictive provisions to prevail.

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.

§ 1-6 Penalties for offenses.

A. A violation of any provision of this Code shall be punishable by a fine not to exceed $250 and/or a maximum of 15 days' imprisonment, except where penalties established by statute apply.

[Amended 5-23-1989 by L.L. No. 2-1989]

B. In all cases, the Board of trustees may enforce obedience of any provisions of this Code by injunction.

§ 1-7 Interpretation of provisions.

The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the chapters contained herein are enacted.