[Adopted 5-8-2024 by L.L. No. 2-2024]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Village of Kinderhook, as codified and consisting of Chapters
1 through
133A, together with an Appendix, are hereby approved, adopted, and enacted as the Code of the Village of Kinderhook, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments. This local law and the Code adopted hereby shall supersede and replace the 2003 Code of the Village of Kinderhook, as amended and supplemented.
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-Treasurer
of the Village of Kinderhook 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.
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 Kinderhook 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 Kinderhook 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
Kinderhook.
D. Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Kinderhook.
E. Any
local law or ordinance of the Village of Kinderhook 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 Kinderhook or any portion thereof.
F. Any
local law or ordinance of the Village of Kinderhook 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 Kinderhook 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 July 31, 2023.
Any person who alters or tampers with the Code of the Village
of Kinderhook in any manner whatsoever which will cause the legislation
of the Village of Kinderhook 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.