[HISTORY: Adopted by the Board of Trustees of the Village
of Avon 5-29-1973 by L.L. No. 1-1973. Amendments noted where applicable.]
Every ordinance hereafter adopted by the Board of Trustees shall
be adopted in the following manner:
A.
The ordinance shall be introduced at a regular or special meeting
of the Board of Trustees by a member of the Board of Trustees.
B.
Upon a majority vote of the Board of Trustees, the Village Clerk shall cause a notice to be published and the Board of Trustees shall conduct a public hearing, both actions to be taken pursuant to Article II of this chapter.
C.
After the public hearing and at a regular or special meeting of the
Board of Trustees, such ordinance may be adopted upon a majority vote
of the entire membership of the Board of Trustees.
A.
Ordinance. Every ordinance passed by the Board of Trustees shall
be entered in the minutes of the Board of Trustees. Upon the publication
of a notice of adoption generally describing such ordinance in the
official paper and upon such entering in the minutes, the ordinance
shall take effect. However, any ordinance shall take effect from the
date of its service as against a person served personally with a copy
thereof.
B.
Traffic orders, rules or regulations.
(1)
In the event the Board of Trustees of the Village adopts any order,
rule or regulation pursuant to the authority of the Vehicle and Traffic
Law or delegates any powers granted to such Village by the Vehicle
and Traffic Law to any official, board or agency of such Village as
authorized by § 1603 of the Vehicle and Traffic Law, any
orders, rules or regulations adopted by such Board of Trustees, official,
board or agency shall take effect immediately upon adoption, subject
to the limitations imposed by § 1684 of the Vehicle and
Traffic Law, without notice or hearing, providing traffic control
devices complying with the manual and specifications thereof as adopted
by the Department of Transportation are placed and maintained as shall
be deemed necessary to indicate and carry out the provisions of such
orders, rules or regulations as required by § 1682 of the
Vehicle and Traffic Law.
(2)
No orders, rules or regulations heretofore adopted by the Board of
Trustees or by any official, board or agency as authorized by the
provisions of § 1603 of the Vehicle and Traffic law shall
be deemed invalid or ineffective solely because such order was adopted
without notice or hearing.
Any rule, bylaw or regulation adopted by any separate board,
the violation of which shall result in a fine or imprisonment, shall
be approved by the Board of Trustees and notice of hearing and publication
shall be conducted in the same manner as the enactment of an ordinance
prior to such approval.
The certificate of the Village Clerk setting forth the records of the Village showing the adoption of one or more ordinances and the publishing of the notice of adoption as required by § 100-2 shall be presumptive evidence of such adoption and publication in any action or special proceeding in any court or otherwise.
Every zoning law and every amendment thereto (including any
map incorporated therein) adopted pursuant to the provisions of this
chapter shall be entered in the minutes of the Village Board and a
notice of adoption generally describing such law or amendment (exclusive
of any map incorporated therein) shall be published once in the official
newspaper and a copy of such local law or amendment together with
a copy of any map incorporated therein shall be posted conspicuously
at or near the main entrance to the office of the Village Clerk and
affidavits of the publication and posting thereof shall be filed with
the Village Clerk. Such local law shall take effect 10 days after
such publication and posting, but such local law or amendment shall
take effect from the date of its service as against a person served
personally with a copy thereof, certified by the Village Clerk, and
showing the date of its passage and entry in the minutes.
[Amended 1-3-1984 by L.L.
No. 2-1984]
A.
Any local law adopted pursuant to the powers granted by this chapter
shall be in accordance with the procedure prescribed by the Municipal
Home Rule Law. Any other action taken by the Village Board of Trustees
in the exercise of its powers and upon which a public hearing is required
to be conducted shall be in accordance with this section unless otherwise
specifically required by statute. Any notice of a hearing not otherwise
specifically required by law shall be given in the following manner:
(1)
By publication of such notice in the official newspaper of the Village,
if there is none, in a newspaper of general circulation in the Village
wherein the hearing is to be held.
B.
Such hearing shall be conducted not less than three days after publication
of such notice.
A.
The hearing shall be held at the time and place designated in the
notice. Such hearing may be adjourned by the Board conducting such
hearing, provided the adjourned date is announced at such public hearing.
The Board conducting such hearing shall have minutes taken of such
proceeding.
B.
Within 62 days after such hearing is concluded, the Board of Trustees
shall make a decision accordingly. The original of such decision,
copies of the notice of the hearing, together with affidavits of publishing
same, in compliance with Rule 306 of the Civil Practice Law and Rules,
the written objections and the minutes of proceedings taken on the
hearings, including signed testimony, shall be filed by the Board
of Trustees with the Village Clerk within five days after the decision
is rendered.
A.
The second unnumbered paragraph of § 90 of the Village
Law, as last amended by Chapter 701 of the Laws of 1936, is hereby
superseded by this chapter.
B.
Section 94-a of the Village Law, as added by Chapter 904 of the Laws of 1970, and § 95 of the Village Law, as last amended by Chapter 623 of the Laws of 1952, are hereby superseded by § 100-2 of this chapter.
C.
Section 94 of the Village Law, as added by Chapter 701 of the Laws of 1936, is hereby superseded by § 100-4 of this chapter.
D.
Section 96 of the Village Law, as added by Chapter 650 of the Laws of 1927, is hereby superseded by § 100-4 of this chapter.
E.
Sections 20-2002, 20-2004, 20-2006, 20-2008, 21-2100 and 21-2102
of the Village Law, as enacted by Chapter 892 of the Laws of 1972
and as amended by Chapter 1994 of the Laws of 1972, are hereby superseded
by the foregoing sections of this chapter.
The provisions of this chapter superseding the provisions of
the Village Law hereinabove enumerated shall take effect on June 15,
1973.
