[HISTORY: Adopted by the Board of Trustees of the Village
of Mineola as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-14-1994 by L.L. No. 4-1994 (§§ 1.2,
1.3, 1.5 and 1.8 to 1.15 of the 1994 Code)]
A. 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:
ATTORNEY or VILLAGE ATTORNEY
The Village Attorney of the Incorporated Village of Mineola,
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.
BOARD OF ETHICS
The Board of Ethics of the Incorporated Village of Mineola,
New York.
BUILDING INSPECTOR or SENIOR BUILDING INSPECTOR
An enforcement officer appointed by the Mayor subject to approval of the Board of Trustees, including the Mayor, to enforce certain provisions of the Municipal Code as specified in Chapter
25, Code Enforcement, of this Code.
CLERK
See "County Clerk" and "Village Clerk."
CODE ENFORCEMENT OFFICER
A certain enforcement officer appointed by the Mayor subject to approval of the Board of Trustees, including the Mayor, to enforce certain provisions of the Municipal Code as specified in Chapter
25, Code Enforcement, of this Code.
CONSERVATION ADVISORY COUNCIL
The Conservation Advisory Council of the Incorporated Village
of Mineola, New York, established pursuant to § 239-x of
the General Municipal Law.
COUNTY
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.
ECOLOGY COMMITTEE
The Ecology Committee of the Incorporated Village of Mineola,
New York.
LIBRARY BOARD
The Library Board of the Incorporated Village of Mineola,
New York, established pursuant to Article 5 of the Education Law.
LICENSING OFFICER
The Mayor of the Incorporated Village of Mineola, New York,
unless he or she designates another Village officer pursuant to Village
Law § 4-400, Subdivision 1m.
MAYOR
The Mayor of the Incorporated Village of Mineola, New York.
OWNER
A person who has the legal title, alone or with another,
or exercises dominion or control over property, both real and personal.
PARKS SUPERVISOR
The Parks Supervisor of the Incorporated Village of Mineola,
New York.
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.
PLANNING BOARD
The Planning Board of the Incorporated Village of Mineola,
New York, established by the Board of Trustees pursuant to Village
Law § 7-718.
POOL BOARD
The Pool Board of the Incorporated Village of Mineola, New
York.
STATE
The State of New York.
SUPERINTENDENT OF PUBLIC WORKS
The Village official in charge of water, sewer, parks, light
and other public works functions in the Incorporated Village of Mineola
in the County of Nassau and State of New York.
TENANT
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 occupies same as
a tenant.
TRUSTEE
A Trustee of the Incorporated Village of Mineola, New York.
VILLAGE CLERK
The Clerk of the Incorporated Village of Mineola, New York.
[Amended 12-12-2012 by L.L. No. 1-2012]
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 of the Incorporated Village of Mineola,
New York.
VILLAGE TREASURER
The Treasurer of the Incorporated Village of Mineola, New
York.
[Amended 12-12-2012 by L.L. No. 1-2012]
B. Applicability
of General Construction Law. Words not otherwise above described and
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 Mineola, 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, associations, joint-stock
companies, societies, and all other entities capable of being sued.
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.
Whenever 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.
[Amended 1-5-2000 by L.L. No. 1-2000; 12-12-2012 by L.L. No. 1-2012; 5-13-2015 by L.L. No. 3-2015; 1-14-2004 by L.L. No. 3-2004]
A. When
no specific penalty is prescribed in any chapter contained in this
Code, rule or regulation of the Village, or in any other provision
of law, for any act which is prohibited or for the failure to do any
act which is required and is made or declared to be unlawful, the
violation thereof shall constitute a violation pursuant to the Penal
Law. Such violations shall, upon conviction, be punishable by a fine
of not more than $250 or imprisonment of not more than 15 days, or
both.
B. Any person who shall violate any provision of Chapters
180,
192,
224,
230,
256,
376,
381,
387,
393,
400,
435,
446,
458,
464,
475,
483,
495 and
523 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.
C. In
all cases, the Board of Trustees may enforce obedience of any provisions
of this Code by injunction.
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, it shall also be construed to include the deputies,
assistants and representatives of such officer as may be designated,
delegated or authorized by such officer 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 the Incorporated Village of Mineola
Municipal Code is inconsistent with any provision of the Village Law,
pursuant to the authority contained in § 10, Subdivision
1(ii)e(3), of the Municipal Home Rule Law, the Village Law is modified
and superseded in its application to the Incorporated Village of Mineola
to the extent and only to the extent that the Village Law is inconsistent
with any provision of the Incorporated Village of Mineola Municipal
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 12-12-2012 by L.L. No. 1-2012]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Mineola, as codified by General Code, and consisting of Chapters
1 through
550, together with an Appendix, shall be known collectively as the “Code of the Village of Mineola,” hereafter termed the “Code.” Wherever reference is made in any of the local laws, ordinances and resolutions contained in the “Code of the Village of Mineola” to any other local law, ordinance or resolution 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, ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1994 Code and the local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. 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 Mineola, 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 and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-13 below.
Except as provided in §
1-14, Enactments saved from repeal; matters not affected, below, all local laws and ordinances or parts of local laws and ordinances inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Mineola which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of local laws and ordinances provided for in §
1-13 of this local law shall not affect the following classes of local laws, ordinances, 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 Mineola 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 Mineola
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 Mineola.
D. Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Mineola.
E. Any local
law or ordinance of the Village of Mineola 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 Mineola or any portion thereof.
F. Any local
law or ordinance of the Village of Mineola 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 Mineola or other instruments or evidence of the Village's indebtedness.
G. Local laws
or ordinances 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 or ordinance relating to salaries and compensation.
K. Any local
law or ordinance amending the Zoning Map.
L. Any local
law or ordinance relating to or establishing a pension plan or pension
fund for municipal employees.
M. Any local
law or ordinance or portion of a local law or ordinance establishing
a specific fee amount for any license, permit or service obtained
from the Village.
N. Any local
law adopted subsequent to 12-14-2011.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law, ordinance or resolution
included in this Code now or through supplementation, or the application
thereof to any person or circumstances, shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, or the application of
any part thereof to any other person or circumstances, 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, in loose-leaf form, has been filed in the
office of the Village Clerk of the Village of Mineola 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 of the Village of
Mineola by impressing thereon the Seal of the Village of Mineola,
and such certified copy 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. 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, ordinances and resolutions known collectively
as the “Code of the Village of Mineola” 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 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 herein, and such
local laws, ordinances 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 to keep up-to-date
the certified copy of the book containing the Code of the Village
of Mineola required to be filed in the office of the Village Clerk
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 printed as supplements to said Code book,
at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Village Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set by resolution of the Board of
Trustees. The Clerk 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 Mineola in any manner whatsoever which will cause the legislation
of the Village of Mineola 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, ordinances and resolutions for publication as the Code of the Village of Mineola, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection
C hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation, including the updating of statutory references and titles to their current citations. 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, ordinances and resolutions had been previously formally amended to read as such.
B. Nomenclature.
References to the following agencies or officials are updated as indicated:
(1) Throughout
the Code, references to "Chairman" are amended to read "Chairperson."
(2) Throughout Chapter
470, references to the "State Board," "State Board of Equalization and Assessment," "State Board of Real Property Services" and "Office of Real Property Services" are amended to read "Commissioner of Taxation and Finance."
(3) Throughout Chapter
475, references to the “State Division of Criminal Justice” are amended to read “State Division of Criminal Justice Services.”
(4) Throughout Chapter
510, “Clerk-Treasurer” is amended to read “Clerk,” and “Superintendent of Public Works and Parks” is amended to read “Superintendent of Public Works.”
(5) Throughout Chapter
523, “Water Commission” is amended to read “Board of Water Commissioners.”
C. In addition,
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, ordinances and resolutions as they
have been renumbered and appear in the Code.)
The provisions of this local law are hereby made Article
II of Chapter
1 of the Code of the Village of Mineola, such local law to be entitled “General Provisions, Article
II, Adoption of Code,” and the sections of this local law shall be numbered §§
1-11 to
1-23, inclusive.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.