[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Edward as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-7-1986 by L.L.
No. 1-1986]
Be it enacted by the Board of Trustees of the Village of Fort
Edward as follows:
A.
The local laws, ordinances and certain resolutions of the Village of Fort Edward, referred to in Subsection B of this section, together with the new regulations contained herein, shall be known collectively as the "Code of the Village of Fort Edward," 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 Subsection B of this section.
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, as distributed and renumbered in § 1-1 above, 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 Fort Edward, and it is the intention of said Board of Trustees 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Fort Edward 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continued in force by reference therein are hereby repealed from and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.
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 Fort Edward 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 the effective date of this
local law in violation of any legislative provision of the Village
of Fort Edward, 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 Fort Edward.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Village of Fort Edward.
E.
Any
local law or ordinance of the Village of Fort Edward 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 Fort Edward or any portion thereof.
F.
Any
local law or ordinance of the Village of Fort Edward 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 Fort Edward 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
dedication of property.
J.
Any
local laws or ordinances relating to salaries, providing for employee
benefits, establishing policies pertaining to personnel or making
appointments.
K.
Any
local law or ordinance regulating vehicles and traffic.
L.
Local
Law No. 2-1979, regulating fire prevention.
M.
Any
local law adopted after July 15, 1985 (L.L. No. 1-1985).
In compiling and preparing the local laws, ordinances and certain resolutions of the village for publication as the "Code of the Village of Fort Edward," as distributed and designated in the table in § 1-1B hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided in § 1-12.
If any clause, sentence, paragraph, section, Article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-1B 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.
A copy of the Code in loose-leaf form has been filed in the
office of the Clerk of the Village of Fort Edward 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 Clerk of the Village of Fort Edward
by impressing thereon the Seal of the Village of Fort Edward, and
such certified copy shall remain on file in the office of said Clerk,
to be made available to persons desiring to examine the same during
all times while the said Code is in effect. The enactment and application
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 Fort Edward," 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.
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 Fort Edward required to be filed in the office of said 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 of Trustees 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 or resolutions until such changes or
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 Clerk of the Village
of Fort Edward 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 Fort Edward or who alters or tampers
with such Code in any manner whatsoever which will cause the legislation
of the Village of Fort Edward 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 to imprisonment for a term of not more than
15 days, or to both.
A.
In compiling and preparing the legislation for adoption and revision
as part of the Code pursuant to § 20 of the Municipal Home
Rule Law, as amended, certain grammatical changes and other minor
changes were made in one or more of pieces of said legislation. It
is the intention of the Board of Trustees of the Village of Fort Edward
that all such changes be adopted as part of the Code as if the legislation
so changed had been previously formally amended to read as such.
B.
In addition, the following revisions to existing legislation are
made herewith and the following new regulations are hereby enacted,
to become effective upon the effective date of this local law. The
section number references are to the legislation as it has been renumbered
and appears in the Code.[1]
[1]
Editor's Note: Pursuant to § 1-12B, the following sections were added or amended at time of adoption of Code and the following new regulations were enacted: §§ 6-6, 11-1, 22-1, 22-4 and 22-5; Ch. 25; Ch. 29; §§ 32-1, 32-2, 32-15, 32-17, 36-1, 36-2, 36-3, 36-6 and 41-5; Ch. 45; Ch. 52; Ch. 59; Ch. 64; Ch. 66; Ch. 69, Art. 1; Ch. 74, Art. I; Ch. 79. Art. II; §§ 85-2, 85-5 and 92-10; and Ch. 94.
This local law shall take effect in accordance with law upon
filing with the Secretary of State of the State of New York.
[Adopted 11-5-2018 by L.L. No. 5-2018[1]]
[1]
Editor's Note: This local law was reaffirmed and readopted
2-4-2019 by L.L. No. 1-2019.
A local law provided for the codification of the local laws,
ordinances, and certain resolutions of the Village of Fort Edward
in a municipal code to be designated as the "Code of the Village of
Fort Edward."
