[HISTORY: Adopted by the Board of Trustees of the Village of Southampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-29-1982 as L.L. No. 1-1982]
It is the intent of this local law to establish a codification ordinances, local laws and certain resolutions of the Village of Southampton, for the purposes of increasing the effectiveness of Village governmental administration, providing for greater public awareness of and access to Village legislation and protecting the health, safety and welfare of Village inhabitants. The local laws, ordinances and certain resolutions of the Village of Southampton referred to in § 1-2 of this local law shall be known collectively as the "Code of the Village of Southhampton," and the various parts and sections of such local laws, ordinances and certain resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
The chapters, articles and sections of the Code of the Village of Southampton (hereinafter "Code") are derived from the ordinances, local laws and certain resolutions of the Village of Southampton as set forth below, and the ordinances, local laws and certain resolutions of said Village are distributed and designated as indicated. Omitted sections pertain to repeal, severability or when effective provisions, which are covered by provisions of this local law or are ordinance or local law title sections which are not necessary in a codification having chapter and/or article titles for the various ordinances and local laws included therein. Deleted sections pertain to provisions not desired for codification due to supersession or conflict with state or local laws, or because these provisions, by their nature, are no longer effective.
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, as distributed and renumbered in, § 1-2 above, 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 Southampton 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, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
In compiling and preparing the local laws, ordinances and certain resolutions of the Village for publication as the Code of the Village of Southampton, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.
All local laws and ordinances of a general and permanent nature of the Village of Southampton, in force on the date of the adoption of this local law and not contained in the Code, as distributed and designated in the table in § 1-2 hereof, or recognized and continued in force by reference herein, are hereby repealed as of the effective date of this local law, except as hereinafter provided.
The repeal of local laws and ordinances provided for in § 1-4 of this local law shall not affect the following classes of local laws, ordinances, resolutions, 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 Southampton prior to the effective date of this local law, 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 local law in violation of any legislative provision of the Village of Southampton 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 local law, brought pursuant to any legislative provision of the Village of Southampton.
Any franchise, license, permit, right, entitlement, easement or privilege heretofore granted or conferred by the Village of Southampton.
Any local law, ordinance or resolution of the Village of Southampton 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 Southampton or any portion thereof.
Any local law, ordinance or resolution of the Village of Southampton 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 Southampton or other instruments or evidence of the Village's indebtedness.
Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property.
Any lawful contract or obligation.
The levy or imposition of special assessments or charges, or the establishment of any fee, charge or rate for a permit, license, application or service.
The dedication of property.
Any local law, ordinance or resolution pertaining to any water, sewer, fire, lighting or other special purpose district.
Any rules, regulations, standards or specifications referred to or authorized to be adopted by any local law or ordinance included in the Code; any resolutions accepting the applicability of the State Building Construction or Fire Prevention Codes; and any bylaws relating to the organization and procedures of any Village agency.
Any local law, ordinance or resolution pertaining to the appointment of Village personnel or to the compensation, conditions of employment or benefits of Village personnel, or any other type of resolution of policy pertaining to personnel.
Any local law, ordinance or resolution relating to taxation or exemptions from taxation, whether partial or otherwise.
The Zoning Map of the Village of Southampton, adopted April 13, 1973, and any amendment thereto.
Any local law, ordinance or resolution adopted subsequent to November 14, 1980. Local laws, ordinances and resolutions adopted subsequent to November 14, 1980, but prior to the effective date of the local law are hereby specifically continued in effect to the same extent as if referred to in § 1-2 of this local law, and such local laws, ordinances and resolutions of a Code nature shall hereafter be incorporated into the Code in such manner as is most appropriate and shall be considered as much a part of this Code as ff specifically referred to in § 1-2.
Any legislation to regulate vehicles and traffic.
Any legislation providing for construction within fire zones.
Any legislation concerning fire prevention.
Any legislation concerning subdivision rules and regulations.
Any legislation establishing police rules and regulations.
A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Southampton and shall remain there for use and examination by the public until final action is taken on this local law, and upon adoption of this local law, such copy shall be certified to by the Village Clerk, 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.
Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and certain resolutions known collectively as the "Code of the Village of Southampton," or any new local law, ordinance or resolution of a general and permanent nature, 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 of the Village of Southampton 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, as to manner of adoption, of any local law, ordinance or resolution contained in said 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 such manner as is provided by law generally for the amendment of local laws, ordinances and resolutions.
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 Southampton 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, ordinances 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 or local laws, ordinances or resolutions until such changes or local laws, ordinances 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 Southampton upon the payment of a fee to be set by resolution of the Board of Trustees, which may also arrange by resolution for procedures for the periodic supplementation thereof.
The Village Clerk of the Village of Southampton, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this local law in the official newspaper of the Village. A copy of the Code of the Village of Southampton shall be maintained in the office of the Village Clerk for inspection by the public at all times during regular office hours. The enactment and application 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.
[Amended 7-11-2002 by L.L. No. 1-2002; 8-13-2020 by L.L. No. 7-2020]
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 Southampton, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Southampton to be misrepresented thereby, or who commits an offense against any other provision of this local law, shall, upon conviction thereof, be subject to the penalties provided in Article II of Chapter 1 of the Code of the Village of Southampton.
[Amended 8-13-2020 by L.L. No. 7-2020]
In compiling and preparing the legislation for adoption and revision as part of the Code pursuant to § 20 of the Municipal Home Rule Law, as amended, certain grammatical changes and other minor changes were made in one or more pieces of said legislation. It is the intention of the Board of Trustees of the Village of Southampton that all such changes be adopted as part of the Code as if the ordinances so changed 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 local law. (Chapter and section number references are to the legislation as it has been renumbered and appears in the Code.)
Editor's Note: Pursuant to § 1-12B, the following Code sections and chapters were amended, added or revised. A complete description of these changes is on file in the office of the Township Clerk. §§ 39-1, 45-1, 47-7, 47-12A, 61-9, 64-1A, 64-3, 64-6, 74-5, 77-2I, 80-1, 82-3, 84-7B, 86-4C, 86-12, 86-15 and 116-14C.
If any clause, sentence, paragraph, section, article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-2 hereof or of any local law, ordinance or resolution incorporated into the Code hereafter 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 or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This local law shall take effect as provided by law upon filing with the Secretary of State of the State of New York.
[Adopted 8-13-2020 by L.L. No. 7-2020]
In this article, "violation of this Code" means:
In this article, "violation of this Code" does not include the failure of a Village official or employee to perform any official duty unless it is expressly provided that failure to perform the duty is to be punished as provided in this article.
Any person, corporation or other entity convicted of a violation of this Code shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. In addition, that party, in the court's discretion, shall perform such additional or alternative community services as the court may direct. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
Where more than one party is liable for a violation of this Code, such liability shall be joint and several in scope.
For the purpose of this article, ordinances of the Village Code, if any, shall be deemed local laws, and this article shall supersede Village Law § 20-2006.
This article supersedes any other penalty section of the Village Code to the extent that said other penalty section imposes a lesser fine or condition or is otherwise in conflict with the provisions contained herein.
If any word, clause, sentence or subsection of this article shall be found by any court of competent jurisdiction to be unenforceable, then said segment shall be severable from the balance of the article, which shall remain in full force and effect.
Community service sentencing. Pursuant to the New York State Penal Law and Code of Criminal Procedure, the Justice Court is hereby authorized, as, in its discretion, it deems reasonable, to substitute performance of community service for public or not-for-profit corporations, associations, institutions or agencies in lieu of monetary restitutions, fine and/or jail time, but only upon agreement and acceptance by the defendant of the terms and conditions of the service.