[HISTORY: Adopted by the Board of Trustees of the Village
of Dobbs Ferry as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-11-2012 by L.L. No. 7-2012]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Dobbs Ferry, as codified by General Code, and consisting of Chapters 1 through 300, together with an Appendix, shall be known collectively as the "Code of the Village of Dobbs Ferry," 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 Dobbs Ferry" 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 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 Dobbs Ferry, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
Except as provided in § 1-4, 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local laws and ordinances inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Dobbs Ferry which is not in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 § 1-3 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 Dobbs Ferry 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 Dobbs Ferry 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 Dobbs Ferry.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Dobbs
Ferry.
E.
Any
local law or ordinance of the Village of Dobbs Ferry 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 Dobbs Ferry or any portion thereof.
F.
Any
local law or ordinance of the Village of Dobbs Ferry 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 Dobbs Ferry 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 2-14-2012.
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 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 Dobbs Ferry 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
Dobbs Ferry by impressing thereon the Seal of the Village of Dobbs
Ferry, 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 Dobbs Ferry" 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 Dobbs Ferry 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.
A.
Tampering
with Code. Any person who alters or tampers with the Code of the Village
of Dobbs Ferry in any manner whatsoever which will cause the legislation
of the Village of Dobbs Ferry 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.
B.
Penalties
for offenses against Code provisions. Except where specifically provided
elsewhere in the Code or in the laws of the county, state or federal
government, any person who shall commit an offense against any provision
of the Code of the Village of Dobbs Ferry shall, upon conviction,
be subject to a fine of not more than $250 or imprisonment for a term
of not more than 15 days, or both.[1]
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Dobbs Ferry, no changes in the meaning or intent of such local laws, ordinances and resolutions 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, ordinances and resolutions had been previously formally amended to read as such.
B.
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.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-11-2012 by L.L. No. 7-2012." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
[Adopted 6-28-2022 by L.L. No. 3-2022]
The Village of Dobbs Ferry recognizes the importance of the
public's right to witness and otherwise observe the governmental process
of debate, deliberation and decision making, and commits to facilitating
the public's ability to access meetings at which Village business
is conducted.
Except as may be otherwise authorized by federal, state or local
emergency order, all meetings convened by the Village's public bodies
for the purpose of conducting the public business of the Village of
Dobbs Ferry shall comply with provisions of NYS Public Officers Law,
Article 7, known as the "Open Meetings Law." The terms "meeting" and
"public body" referenced in this article shall be ascribed with the
same meanings as set forth in Open Meetings Law.
A.
The Village
shall employ and permit the use of available technology to the extent
mandated by and in compliance with provisions of Open Meetings Law
for notifications, broadcast, transmission, recording or participation
at meetings convened for the purpose of conducting the Village's business.
B.
Without
limiting the right, authority or ability of the Village to utilize
available technology, the Village chooses to exercise the discretion
set forth in Open Meetings Law § 103-a and permit use of
videoconferencing to conduct meetings of the Village's public bodies.
(1)
In accordance
with Open Meetings Law § 103-a, members of any Village public
body shall have the right to participate remotely in a public meeting
with the use of videoconferencing technology when the member experiences
an "extraordinary circumstance," which precludes that member from
attending in person, provided that:
(a)
Such
"extraordinary circumstance" consists of a significant or unexpected
factor or event which precludes the member's physical attendance,
including but not limited to circumstances involving caregiving responsibilities,
disability, illness, health condition, or other significant or unexpected
factor or event; and
(b)
Such
member provides notice of such "extraordinary circumstances" in accordance
with procedural requirements as established by the Village.
C.
The Village
Board of Trustees shall promulgate and adopt by resolution written
procedures, which may be amended from time to time, for the conduct
of any meeting which involves participation by a member exercising
the right to participate remotely under Open Meetings Law § 103-a.
