Village of Bath, NY Chapter 1 General Provisions

[HISTORY: Adopted by the Board of Trustees of the Village of Bath as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 5-21-1979 by L.L. No. 16-1979]

§ 1-1 Legislative intent.

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

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

[The Derivation Table is on file with original L.L. No. 16-1979 in the Village offices.]

§ 1-3 Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Village of Bath, 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of this local law and not contained in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this local law.

§ 1-4 Enactments saved from repeal; matters not affected.

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 Bath prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.

B. An offense or act committed or done before effective date of this local law in violation of any legislative provision of the Village of Bath, 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 Bath.

D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Bath.

E. Any local law, ordinance or resolution of the Village of Bath 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 Bath or any portion thereof.

F. Any ordinance or resolution of the Village of Bath 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 Bath 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. All Zoning Map amendments.

L. All local laws and resolutions adopted after November 20, 1978.

§ 1-5 Effect on previously adopted legislation.

In compiling and preparing the local laws, ordinances and resolutions of the Village for publication as the Code of the Village of Bath, 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.

If any clause, sentence, paragraph, section, article or part of this local law or of any local law or ordinance cited in the table in § 1-2 hereof 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 or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 1-7 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Bath 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 to by the Village Clerk of the Village of Bath by impressing thereon the Seal of the Village of Bath, 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 the 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 Bath," or any new local laws, ordinances 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.

§ 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 Bath 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, ordinances 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, ordinances or resolutions until such change or local laws, ordinances 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 may be purchased from the Village Clerk of the Village of Bath 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 tampering with Code.

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 Bath, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Bath 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.

§ 1-12 Incorporation of provisions into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Bath, such local law 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.