Village of Lindenhurst, NY General Provisions

[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst as indicated in article histories. Amendments noted where applicable]

Article I Adoption of Code

[Adopted 6-16-1992 as L.L. No. 2-1992]

§ 1-1 Legislative intent.

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Lindenhurst shall be known collectively as the "Code of the Village of Lindenhurst," 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 Lindenhurst" 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.

§ 1-2 Continuation of existing provisions.

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 article 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 Lindenhurst, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.

§ 1-3 Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Village of Lindenhurst in force on the date of the adoption of this article and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this article.

§ 1-4 Enactments saved from repeal; matters not affected.

The repeal of local laws and ordinances provided for in § 1-3 of this article shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal.

Any right or liability established, accrued or incurred under any legislative provision of the Village of Lindenhurst prior to the effective date of this article or any action or proceeding brought for the enforcement of such right or liability.

An offense or act committed or done before the effective date of this article in violation of any legislative provision of the Village of Lindenhurst or any penalty, punishment or forfeiture which may result therefrom.

Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this article, brought pursuant to any legislative provision of the Village of Lindenhurst.

Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Lindenhurst.

Any local law or ordinance of the Village of Lindenhurst 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 Lindenhurst or any portion thereof.

Any local law or ordinance of the Village of Lindenhurst 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 Lindenhurst or other instruments or evidence of the Village's indebtedness.

Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any legislation relating to salaries.

Any local law or ordinance amending the Zoning Map.

Any legislation adopted subsequent to February 6, 1990.

Chapter 57, Public Assemblies and Parades, of the 1968 Code, as amended.

Local Law No. 3-1977, adopted May 22, 1977, concerning environmental quality review.

§ 1-5 Severability.

If any clause, sentence, paragraph, section, Article, chapter or part of this article 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.

§ 1-6 Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Village Administrator Clerk of the Village of Lindenhurst and shall remain there for use and examination by the public until final action is taken on this article; and, if this article shall be adopted, such copy shall be certified to by the Village Administrator Clerk of the Village of Lindenhurst by impressing thereon the Seal of the Village of Lindenhurst, and such certified copy shall remain on file in the office of said Village Administrator 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 article, 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.

§ 1-7 Amendments to Code.

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 Lindenhurst" 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 article 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.

§ 1-8 Code book to be kept up-to-date.

It shall be the duty of the Village Administrator Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Lindenhurst required to be filed in the office of the Village Administrator 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 article 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.

§ 1-9 Sale of Code book; supplementation.

Copies of the Code may be purchased from the Village Administrator Clerk of the Village of Lindenhurst 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.

§ 1-10 Penalties for tampering with Code.

Any person who, without authorization from the Village Administrator Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Lindenhurst or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Lindenhurst to be misrepresented thereby or who violates any other provision of this article 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.

§ 1-11 Changes in previously adopted legislation.

In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Lindenhurst, 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.

In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this article. (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: Pursuant to § 1-11B, the following chapters, Articles and sections were added or amended: §§ 3-1, 3-2, 7-2, 7-5, 10-2, 10-3A, 10-3I, 10-3J, 10-3K, 10-3L, 15-3A(1), 15-3A(4), Ch. 19, Art. I, §§ 27-3, 29-1C, 29-2, 29-5, 29-6, 35-1, 35-2, 39-3, 39-10, 39-13, 43-2, 43-4, 51-1, 51-2, 61-1, 61-2, Ch. 67, Art. I, §§ 67-11, 67-14, 67-15, 67-16, 67-18C, 67-21, 67-22, 67-27, 72-1, 72-3, 79-3, Ch. 83, §§ 86-2, 86-4, 86-5F, 86-7, 86-9, 86-11, 86-12, 86-13, 86-16, 86-17, 86-18, 91-8, 91-10, 91-13B(2), 97-3, 97-4, 97-5A(4), 97-5B, 97-10E, 97-11A(2), 97-11A(3), 97-12A, 97-12B, 97-12D, 97-15C, 97-16D, 97-18, 103-2, 103-4, 103-7, 103-8, 108-4, 108-6, 113-1A, 113-4, 113-5, 113-6, 113-8, 116-1, 121-7, 121-8, 125-3, 125-4E, 125-5, 125-6, 125-7, 125-9, 125-11, 129-2A(4), 129-2A(5), 129-3C, 129-8, 134-1, 134-6, 134-10, 134-11, 134-17, 134-28C(1), 134-28C(2), 134-32, 134-42, 134-46A, 139-1, 139-2, Ch. 141, Art. I, §§ 145-2, 145-4A, 145-4B(1), 145-4B(3), 145-5, 145-6, 145-18F, 145-19, 149-3, 149-4C, 149-10, 151-3C, 151-10A(3), 151-12A, 151-14B, 155-3, 155-4G, 155-5B, 155-5C, 155-11, 158-2, 158-3, 158-4, 158-5, 158-6, 158-7, 158-8, 158-9, 158-10, 158-11, 158-14, 158-15, 158-18A, 158-19, 158-22A, 158-24B, 158-25C, 158-29, Ch. 158, Art. X, §§ 158-33, 158-43, 163-3, 163-4, 163-5A(2), 163-5A(3)(e), 163-5B(2)(d), 163-5B(2)(f), 163-6A, 163-6D, 163-6E, 163-7A, 163-8E(1), 163-9B(1), 167-2, 167-3, 167-4, 167-6, 167-8, 167-11, 167-13, 171-1, 171-11, 171-21, 171-27, 173-5C, 173-12H(6), 173-16A, 175-9, 175-14, 175-22, 175-26A, 175-36, 177-3, 177-6, 182-2, 182-3, 182-4, 189-2, 193-1B, 193-2, 193-3, 193-4, 193-5, 193-6, 193-11A(2), 193-11B, 193-12, 193-15, 193-17, 193-19B, 193-20, 193-21, 193-22, 193-23, 193-25B, 193-26, 193-31, 193-33B, 193-34, 193-35, 193-36, 193-37, 193-39B, 193-40, 193-45, 193-46B, 193-47, 193-48, 193-49, 193-50, 193-57B, 193-58, 193-72B, 193-92, 193-99B, 193-99C, 193-103, 193-104, 193-120B, 193-120C, 193-123F, 193-132, 193-136B, 193-138A, 193-138B, 193-139A, 193-141, 193-145D, 193-146, 193-147, 193-148, 193-151B, 193-151C, 193-151D, 193-152E, 193-156, 193-158, 193-159B, 193-160, 193-162, 193-164, 193-165, 193-171, 193-173A, 193-179, 193-180, 193-184, 193-186B, 193-189, 193-192A(1), 193-192A(14), 193-192A(16), 193-192A(27), 193-196, 193-200A, 193-200C(1), 193-201J, 193-201L, 193-203, 193-205C, 193-207 and 193-210. In addition, the following original sections were deleted: §§ 9-2 through 9-8, 11-4, 33-5.1, 33-5.2, 33-5.3, 49-2, 49-4, 49-5B, 49-20, 53-17, 60-5D, 69-4, Ch. 70, Art. X, §§ 74-20, 83-1B, 85-44G, H and I, 85-56, 85-58, Ch. 85, Art. XIA, §§ 85-76 through 85-88 and 85-88.1E. A complete description of these changes is on file in the office of the Village Administrator Clerk.

Nomenclature changes.

(1)

The term "Chief Engineer" is hereby changed to "Fire Chief" throughout the Code.

(2)

The terms "Superintendent of Sanitation," "Superintendent of Highways" and "Superintendent of Parks" are hereby changed to "Superintendent of Public Works" throughout the Code.

(3)

The term "Collector of Taxes" is hereby changed to "Receiver of Taxes" throughout the Code.

(4)

The term "Village Administrator Clerk" is intended to reference "Village Clerk" throughout the Code.

[Amended 9-5-2023 by L.L. No. 2-2023]

§ 1-12 Incorporation of provisions into Code.

The provisions of this article are hereby made Article I of Chapter 1 of the Code of the Village of Lindenhurst, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this article shall be numbered §§ 1-1 to 1-13, inclusive.

§ 1-13 When effective.

This article shall take effect immediately upon filing with the Secretary of State of the State of New York.