[HISTORY: Adopted by the Board of Trustees of the Village
of South Nyack as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-25-2019 by L.L. No. 3-2019]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws of the Village of South Nyack, as codified by General Code, and consisting of Chapters 1 through 330, together with an Appendix, shall be known collectively as the "Code of the Village of South Nyack," hereafter termed the "Code." Wherever reference is made in any of the local laws contained in the "Code of the Village of South Nyack" to any other local law 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 had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law. 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 South Nyack, 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 Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 or parts of such local laws inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-13; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of South Nyack 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, 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 South Nyack 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 South
Nyack 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 South Nyack.
D.
Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of South Nyack.
E.
Any enactment
of the Village of South Nyack 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 South Nyack or any portion thereof.
F.
Any enactment
of the Village of South Nyack 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 South Nyack
or other instruments or evidence of the Village's indebtedness.
G.
Any enactment
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 enactment
relating to salaries and compensation.
K.
Any enactment
amending the Zoning Map.
L.
Any enactment
relating to or establishing a pension plan or pension fund for Village
employees.
M.
Any enactment
establishing a specific fee amount for any license, permit or service
obtained from the Village.
N.
Any local
law adopted subsequent to January 9, 2019.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law 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 South Nyack 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
South Nyack by impressing thereon the Seal of the Village of South
Nyack, 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 known collectively as the "Code of the Village
of South Nyack" 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 published and, as
provided hereunder, inserted in the Code as amendments and supplements
thereto. Nothing contained in this local law shall affect the status
of any local law contained herein, and such local laws 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 Code of the Village of South Nyack 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, at which time such supplements shall
be included 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 South Nyack in any manner whatsoever which will cause the legislation of the Village of South Nyack 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 Type A penalty as set forth in § 1-15 of the Village Code.
A.
In compiling and preparing the local laws for publication as the Code of the Village of South Nyack, no changes in the meaning or intent of such local laws 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 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 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 repealed by this local law are indicated throughout the Code by the following history: Added (amended, repealed) 6-25-2019 by L.L. No. 3-2019. 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 6-25-2019 by L.L. No. 3-2019]
The Village Justice, Acting Justice or other duly authorized
justice determining violations of any local law, ordinance or regulation
of the Village of South Nyack shall impose a civil surcharge in the
amount of $25 per each violation and $50 per each misdemeanor, which
funds collected shall be transmitted to the Village Clerk's office
pursuant to Village Law § 4-411.
Penalties for violations of laws, ordinances, rules and regulations
of the Village of South Nyack are set forth below. Any person, partnership
or corporation who or which commits, takes part or assists in any
violation shall, upon conviction, be subject to a fine and/or imprisonment,
or both, as set forth below for each and every violation. Except as
otherwise provided, each day's continuation of a violation shall constitute
a separate offense. Where both a fine and a term of imprisonment are
listed, the penalty imposed could include the fine, the term of imprisonment,
or both.
|
Penalty Type
|
Description
|
Minimum Fine
|
Maximum Fine
|
Term of Imprisonment
|
Notes
|
|---|---|---|---|---|---|
|
A
|
Standard
|
$250
|
15 days
| ||
|
B
|
False alarms
|
$0
|
$0
|
First occurrence; warning only
| |
|
$25
|
$100
|
Subsequent occurrences within a 1-year period
| |||
|
C
|
Safety I
|
$50
|
$50
| ||
|
D
|
Filming
|
$2,500
|
15 days
| ||
|
E
|
Safety II
|
$1,000
|
90 days
| ||
|
F
|
Zoning
|
$1,000
|
15 days
|
First offense
| |
|
$1,000
|
$2,500
|
15 days
|
Second offense within 5 years
| ||
|
$2,500
|
$5,000
|
15 days
|
Third and subsequent offenses within 5 years
| ||
|
G
|
Tree removal
|
$500
| |||
|
H
|
Tax fraud
|
$100
| |||
|
J
|
Overnight parking
|
$25
|
$25
| ||
|
K
|
Vehicles
|
$50
|
15 days
|
First occurrence
| |
|
$250
|
90 days
|
Subsequent occurrences within 18 months
| |||
|
L
|
Zoning - Articles XVII and XVIII
|
$3,000
|
Civil penalty
|
