[Adopted 3-18-1998 by L.L. No. 2-1998]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances, certain resolutions and provisions from the 1971 Code of the Village of West Haverstraw, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 250, together with an Appendix, shall be known collectively as the "Code of the Village of West Haverstraw," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances, resolutions and provisions from the 1971 Code contained in the "Code of the Village of West Haverstraw" 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, resolutions and provisions from the 1971 Code in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws, ordinances, resolutions and provisions from the 1971 Code 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 West Haverstraw, and it is the intention of said Board 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and
permanent nature of the Village of West Haverstraw in force on the
date of the adoption of this local law and not contained in such Code
or recognized and continued in force by reference therein are hereby
repealed from and after the effective date of this local law.
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 West Haverstraw
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 West Haverstraw 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 West Haverstraw.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of West Haverstraw.
E.
Any local law or ordinance of the Village of West
Haverstraw 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 West Haverstraw
or any portion thereof.
F.
Any local law or ordinance of the Village of West
Haverstraw 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 West Haverstraw 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 or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any legislation adopted subsequent to 10-16-1997.
M.
Any ordinance relating to or establishing a pension
plan or pension fund for municipal employees.
N.
Any currently effective legislation regulating personnel
policies.
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 West
Haverstraw 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 West Haverstraw by impressing thereon the
Seal of the Village of West Haverstraw, 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, resolutions and
provisions from the 1971 Code known collectively as the "Code of the
Village of West Haverstraw" or any new local laws or resolutions,
when enacted or adopted in such form as to indicate the intention
of the Board of Trustees 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 West Haverstraw 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 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 may be purchased from the
Village Clerk of the Village of West Haverstraw upon the payment of
a fee to be set by resolution of the Board of Trustees, which Board
may also arrange by resolution for procedures for the periodic supplementation
thereof.
Any person who, without authorization from the
Village Clerk, changes or amends, by additions or deletions, any part
or portion of the Code of the Village of West Haverstraw or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Village of West Haverstraw 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, resolutions and provisions from the 1971 Code for publication as the Code of the Village of West Haverstraw, no changes in the meaning or intent of such local laws, ordinances, resolutions and provisions from the 1971 Code 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, resolutions and provisions from the 1971 Code 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, resolutions and provisions from the 1971 Code as they
have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, articles and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-18-1998 by L.L. No. 2-1998." Schedule A, which contains a complete description of all changes, is on file in the Village Clerk's office.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
