[Adopted 4-17-2023 by L.L. No. 3-2023]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Avon, as codified and consisting of Chapters 1 through 110, together with an Appendix, are hereby approved, adopted, and enacted as the Code of the Village of Avon, hereinafter referred to as the "Code." 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.
A.
A
copy of the Code has been filed in the office of the Village Clerk
and shall remain there for use and examination by the public until
final action is taken on this local law. Following adoption of this
local law such copy shall be certified to by the Clerk of the Village
of Avon by impressing thereon the Seal of the Village, as provided
by law, and such certified copy shall remain on file in the office
of the Village Clerk, to be made available to persons desiring to
examine the same during all times while said Code is in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Board of Trustees to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the Village of Avon" shall be understood and intended to
include such additions and amendments. Nothing contained in this local
law shall affect the status of any local law, ordinance or resolution
contained in the Code, and such local laws, ordinances or resolutions
may be amended, deleted or changed from time to time as the Board
of Trustees deems desirable.
In the event that notice of enactment of this local law is required
due to amendments adopted by way of this local law to zoning or land
use provisions, or is otherwise required by law, the Clerk of the
Village of Avon shall cause notice of the enactment of this local
law to be given in the manner required by law. The notice of the enactment
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.
Each section of this local law and of the Code and every part
of each section is an independent section or part of a section, and
the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
A.
Repeal
of inconsistent enactments. All local laws and ordinances of a general
and permanent nature, or parts of such local laws or ordinances, inconsistent
with the provisions contained in the Code adopted by this local law
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Village of Avon 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 Avon
has determined that the following local laws and/or ordinances are
no longer in effect and hereby specifically repeals the following
legislation:
(1)
Local Law No. 6-1986, Village Administrator, adopted September 30,
1986.
The repeal of local laws and ordinances provided for in § 1-5 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 Avon 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 Avon 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
Avon.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Avon.
E.
Any
local law or ordinance of the Village of Avon 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 Avon or any portion thereof.
F.
Any
local law or ordinance of the Village of Avon 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 Avon 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 adopted subsequent to November 15, 2021.
A.
In
compiling and preparing the local laws, ordinances and resolutions
for publication as the Code of the Village of Avon, 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.)[1]
[1]
Editor's Note: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this local law are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 4-17-2023 by L.L. No. 3-2023." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
A.
Chapter
and article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
Any person who alters or tampers with the Code of the Village
of Avon in any manner whatsoever which will cause the legislation
of the Village of Avon 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.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
