[HISTORY: Adopted by the Board of Trustees of the Village
of Adams as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-16-2021 by L.L. No. 1-2021]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Adams, as codified by General Code, and consisting of Chapters
1 through
305, together with an Appendix, shall be known collectively as the "Code of the Village of Adams," 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 Adams" 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 Adams, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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.
A. Repeal of inconsistent enactments. Except as provided in §
1-4, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in §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 Adams which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. Repeal
of specific enactments. The Board of Trustees of the Village of Adams
has determined that the following local laws and/or ordinances are
no longer in effect and hereby specifically repeals the following
legislation:
(1) Article No. 1, Bus Lines, Motor Vehicle Routes.
(2) Article No. 3, Buildings, Dangerous.
(3) Article No. 6, Peace and Good Order: Disorderly Houses and Unlawful
Gambling, adopted April 22, 1985.
(4) Article No. 12, Fire Prevention, adopted April 22, 1985.
(5) Article No. 24, Curfew, as amended by L.L. No. 1-1999, adopted March
15, 1999.
(6) Article No. 39, Local Laws, Publication of.
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 Adams 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 Adams 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
Adams.
D. Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Adams.
E. Any
local law or ordinance of the Village of Adams 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 Adams or any portion thereof.
F. Any
local law or ordinance of the Village of Adams 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 Adams 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 July 15, 2019.
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 Adams 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
Adams by impressing thereon the Seal of the Village of Adams, 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 Adams" 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 Adams 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 Adams in any manner whatsoever which will cause the legislation
of the Village of Adams 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.
A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Adams, 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.)
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Adams, 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.
[Adopted 1-23-2023 by L.L. No. 1-2023]
Pursuant to § 10, Subdivision 1(ii)e4(a), of the Municipal
Home Rule Law of the State of New York, the Village Board of Trustees
of the Village of Adams, New York, authorizes and delegates to all
Code Enforcement Officers, police officers, and the Supervisor of
the Department of Public Works of the Village of Adams the authority
to issue appearance tickets for violations of various codes which
affect public health, safety, and welfare.
Each of these public servants shall be authorized to issue appearance
tickets by virtue of their respective office, title, or position.
Specifically, the areas of expertise in training which each of these
departments possess shall be the basis for the issuance of the appearance
ticket within the area of expertise of that public officer.
A. If police officers do not have expertise in the areas of public health,
building inspections, and/or fire investigations, the police officers
shall open an investigation and will obtain a written deposition from
the expert in that area to further that investigation and issue necessary
appearance tickets.