[HISTORY: Adopted by the Board of Trustees of the Village
of Warsaw: Art. I, 3-27-1995 by L.L. No. 6-1995. Amendments noted where
applicable.]
[Adopted 3-27-1995 by L.L. No. 6-1995]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Village of Warsaw, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 163, shall be known collectively as the "Code of the Village of Warsaw," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Village of Warsaw" to any other local law or ordinance 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 or ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. 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 Warsaw, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature
of the Village of Warsaw 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in force by reference therein are hereby repealed from and after the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. Specifically repealed is the 1965
Code of the Village of Warsaw, adopted February 15, 1995.
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, 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 Warsaw 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 Warsaw 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 Warsaw.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Village of Warsaw.
E.
Any
local law or ordinance of the Village of Warsaw 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 Warsaw or any portion thereof.
F.
Any
local law or ordinance of the Village of Warsaw 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 Warsaw 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 or obligation.
H.
The
levy or imposition of special assessments or charges.
I.
The
annexation or dedication of property.
J.
Any
legislation relating to salaries.
K.
Any
local law or ordinance amending the Zoning Map.
L.
Any
legislation adopted subsequent to February 6, 1995.
If any clause, sentence, paragraph, section, Article, chapter
or part of this local law or of any local law or ordinance 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, in loose-leaf form, has been filed in the
office of the Village Clerk of the Village of Warsaw 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
Warsaw by impressing thereon the Seal of the Village of Warsaw, 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 and ordinances known collectively as the
"Code of the Village of Warsaw" 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
or ordinance contained herein, and such local laws or ordinances 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 Warsaw 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 may be purchased from the Village Clerk of
the Village of Warsaw upon the payment of a fee to be set by resolution
of the Board of Trustees, which Board may also arrange by resolution
for procedures for the periodic supplementation thereof.
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 Warsaw or who alters or tampers with
such Code in any manner whatsoever which will cause the legislation
of the Village of Warsaw 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 and ordinances for publication as the Code of the Village of Warsaw, no changes in the meaning or intent of such local laws and ordinances have been made, except as provided for in Subsection B hereof. In addition, 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 and ordinances had been previously formally amended to read as such.
B.
In addition, the following amendments and/or additions are made herewith,
to become effective upon the effective date of this local law. (Chapter
and section number references are to the local laws and ordinances
as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: Pursuant to § 1-11B, the following were added or amended: §§ 17-1, 27-4, 36-8A, 48-2, 48-5A, 48-18, 62-3B, 66-5, 66-6, 66-13, 66-14, 66-16, 66-18, 66-19, 74-2, Ch. 112, Ch. 117, §§ 137-1, 137-9, 141-8, Ch. 145 and § 149-4. In addition, the following original sections were deleted: §§ 16-1C and 16-2C. A complete description of these changes is on file in the Village Clerk's office.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
