[Adopted 6-11-2018 by L.L. No. 1-2018]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Fonda, as codified by General Code, and consisting of Chapters
1 through
166, together with an Appendix, shall be known collectively as the "Code of the Village of Fonda," 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 Fonda" 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 Fonda, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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.
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 Fonda 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 Fonda
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 Fonda.
D. Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Fonda.
E. Any local
law or ordinance of the Village of Fonda 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 Fonda or any portion thereof.
F. Any local
law or ordinance of the Village of Fonda 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 Fonda 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 Village 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 or ordinance adopted subsequent to November 13, 2017.
O. Local Law
No. 3-1975, regarding sewer use.
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 Fonda 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
Fonda by impressing thereon the Seal of the Village of Fonda, 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 Fonda" or any new local laws or resolutions,
when enacted or adopted in such form as to indicate the intention
of the Village 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 Fonda 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 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, 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 Fonda in any manner whatsoever which will cause the legislation
of the Village of Fonda 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Fonda, 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.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.