Chapter 1 General Provisions

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

Article I Adoption of Code

[Adopted 1-29-1982 as L.L. No. 1-1982]

§ 1-1 Legislative intent.

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.

§ 1-2 Distribution of local laws and ordinances; Derivation Table.

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.

Derivation Table
New Number (Chapter, Title, Article , Section)		Old Number (Source)	Adoption or Amendment Date
Chapter 1, General Provisions		This local law
Article I		Article I
§§ 1-1 through 1-15		§§ 1-1 through 1-15
Article II		Article II
Chapter 3, Administration and Administrative Procedures
Article I		L.L. No. 3-1974	11-1-1974
§§ 3-1 through 3-5		Sections 1 through 5
Article II		L.L. No. 2-1980	5-9-1980
§§ 3-6 through 3-9		Sections 1 through 4
Omitted		Section 5
Chapter 7, Ethics, Code of		L.L. No. 2-1970	5-8-1970
§ 7-1		Section 1
§ 7-2		Section 5
§§ 7-3 through 7-5		Sections 2 through 4
§§ 7-6 through 7-10		Sections 6 through 10
Omitted		Sections 11 and 12
Chapter 12, Indemnification of Officers and Employees		L.L. No. 4-1980	8-15-1980
§§ 12-1 through 12-9		Sections 1 through 9
Omitted		Sections 10 and 11
Chapter 21, Records, Public Access to		Resolution	1-10-1975
§§ 21-1 through 21-7		Sections (1) through (7)
Chapter 32, Alarms		L.L. No. 1-1972	3-10-1972
§§ 32-1 through 32-5		Sections 1 through 5	Amended 5-11-1973 by L.L. No. 1-1973
§ 32-6		Section 6
§§ 32-7 through 32-9		Sections 7 through 9
§ 32-10		Section 10a, b and c
Omitted		Section 10d
§ 32-11		Section 11	Amended at time of adoption of Code
Omitted		Section 12
Chapter 34, Amusements and Public Entertainment
Article I		Ordinance	4-10-1970
§§ 34-1 through 34-4		Sections I through IV
§ 34-5		Section V	Amended at time of adoption of Code
Article II		L.L. No. 3-1979	9-14-1979
§§ 34-6 through 34-25		Sections 1 through 20
Omitted		Section 21
§ 34-26		Section 22	Amended at time of adoption of Code
Omitted		Sections 23 and 24
Chapter 37, Beach Erosion and Protection		Ordinance	7-31-1952; amended 4-13-1962 and 6-12-1964
§§ 37-1 through 37-3		Sections I through III
§ 37-4		Section V
§ 37-5		Section IV	Amended at time of adoption of Code
Chapter 39, Boats and Airplanes		Ordinance	6-3-1938
§ 39-1		Section I	Amended at time of adoption of Code
§ 39-2		Section 2, first paragraph
§ 39-3		Section III	Added 3-10-1972
§ 39-4		Section 2, second paragraph	Amended at time of adoption of Code
Chapter 41, Brush, Obnoxious Growth and Trash		Ordinance	8-13-1971
§§ 41-1 through 41-4		Sections 1 through 4	Amended 8-11-1978
§ 41-5		Section 5
Omitted		Sections 6 and 7
Chapter 43, Building Construction
Article I		L.L. No. 4-1976	12-10-1976
§§ 43-1 through 43-8		Sections 1 through 8
Omitted		Section 9
Article II		Ordinance	9-21-1954; amended 11-12-1954 and 8-11-1961
§ 43-9		Section I	Amended 2-1-1974
Omitted; saved from repeal		Sections II through VI
Chapter 45, Buildings, Moving of		Ordinance	6-3-1938; amended 7-14-1964
§ 45-1		First paragraph	Amended at time of adoption of Code
§ 45-2		Second paragraph
§ 45-3		Third paragraph	Amended at time of adoption of Code
Chapter 47, Buildings, Unsafe		Ordinance	7-14-1964
§§ 47-1 through 47-6		Sections I through VI
§ 47-7		Section VII	Amended at time of adoption of Code
§§ 47-8 through 47-11		Sections VIII through XI
§ 47-12		Sections XII and XIII
	Subsection A	Section XII, first paragraph	Amended at time of adoption of Code
	Subsection B	Section XII, second paragraph
	Subsection C	Section XIII	Amended at time of adoption of Code
Omitted		Sections XIV and XV
Chapter 50, Dogs and Other Animals		Ordinance	6-28-1955
§§ 50-1 and 50-2		Sections I and II
§ 50-3		Section III	Amended at time of adoption of Code
Chapter 54, Environmental Quality Review		L.L. No. 9-1977	5-6-1977
§§ 54-1 through 54-11		Sections 1 through 11
Chapter 57, Firearms, Discharge of		Ordinance	6-3-1938
§ 57-1		First paragraph
§ 57-2		Third paragraph
§ 57-3		Second paragraph	Amended at time of adoption of Code
Chapter 59, Fire Prevention		L.L. No. 2-1968	11-8-1968
Article I		Article I
§§ 59-1 through 59-15		§§ 1-1 through 1-15
Omitted		§§ 1-16 through 1-18
Omitted; saved from repeal		Articles II through XXII
Chapter 61, Flood Insurance		Resolution	8-1-1972
§ 61-1		1
§ 61-2		2 and 3
§ 61-3		4 and 5
§§ 61-4 through 61-5		6 and 7
§ 61-6		8 and 9
§§ 61-7 and 61-8		10 and 11
§ 61-9		12 and 13	Amended at time of adoption of Code
Chapter 64, Garbage, Rubbish and Refuse
Article I		Ordinance	6-3-1938
§ 64-1		Section I
	Subsection A	First paragraph	Amended at time of adoption of Code
	Subsection B	Second paragraph
§ 64-2		Section II, first paragraph
§ 64-3			Added at time of adoption of Code
§ 64-4		Section II, second paragraph	Amended at time of adoption of Code
Article II		Ordinance	6-3-1938
§ 64-5		First paragraph
§ 64-6		Second paragraph, first sentence	Amended at time of adoption of Code
§ 64-7		Second paragraph, second sentence	Amended at time of adoption of Code
Chapter 67, Home Improvement Contractors		L.L. No. 6-1977	4-15-1977
§§ 67-1 through 67-10		Sections 1 through 10
Omitted		Section 11
§§ 67-11 through 67-13		Sections 12 through 14
Chapter 72, Lagoons, Boat Basins and Canals		Ordinance	10-5-1962; amended 4-28-1967
§§ 72-1 through 72-2		Sections I through II
§ 72-3		Section III	Amended at time of adoption of Code
Chapter 74, Littering		Ordinance	6-28-1955
§ 74-1		Fourth paragraph
§ 74-2		First paragraph, first sentence
§ 74-3		First paragraph, second sentence
§ 74-4		First paragraph, third sentence
§ 74-5		Second paragraph	Amended at time of adoption of Code
§ 74-6		Third paragraph	Amended at time of adoption of Code
§ 74-7		Fifth paragraph	Amended at time of adoption of Code
Chapter 77, Noise		Ordinance	10-17-1969
§ 77-1		Section I
§ 77-2		Section II
	Subsections A through H	Subsections (a) through (h)
	Subsection I	Subsection (i)	Amended at time of adoption of Code
	Subsections J through M	Subsections (j) through (m)
§ 77-3		Section III
§ 77-4		Section IV	Amended at time of adoption of Code
Omitted		Section V
Chapter 80, Park and Beach Regulations
Article I		L.L. No. 8-1977	4-15-1977
§ 80-1		Section 1	Amended at time of adoption of Code
	Subsections A through C	Subsections (a) through (c)
	Subsection D	Subsection (d)	Amended 3-17-1978 by L.L. No. 1-1978
	Subsections E through P	Subsections (e) through (p)
	Subsection Q		Added at time of adoption of Code
§ 80-2		Section 2
§ 80-3		Section 3	Amended at time of adoption of Code
Omitted		Sections 4 through 6
Article II		L.L. No. 7-1977	4-15-1977
§§ 80-4 through 80-11		Sections 1 through 8
Omitted		Section 9
§ 80-12		Section 10	Added 6-17-1977 by L.L. No. 11-1977; and at time of adoption of Code
Chapter 82, Peace and Good Order
Article I		L.L. No. 2-1979	9-14-1979
§§ 82-1 and 82-2		Sections 1 and 2
§ 82-3		Section 3	Amended 11-14-1980 by L.L. No. 2-1979; and at time of adoption of Code
§§ 82-4 through 82-10		Sections 4 through 10
Omitted		Sections 11 and 12
§ 82-11		Section 13	Amended at time of adoption of Code
Article II		Ordinance	9-21-1954; amended 6-29-1971 by resolution
§§ 82-12 through 82-15		Sections I through IV
Omitted		Section V
§ 82-16		Section VI	Amended at time of adoption of Code
Article III		Ordinance	4-10-1970
§ 82-17		Section I
§ 82-18		Section II	Amended at time of adoption of Code
Chapter 84, Peddling and Soliciting
Article I		L.L. No. 3-1980	8-15-1980
§§ 84-1 through 84-5		Sections 1 through 5
Omitted		Sections 6 and 7
§ 84-6		Section 8	Amended at time of adoption of Code
Omitted		Section 9
Article II		L.L. No. 3-1977	3-11-1977
§ 84-7		Section 1
	Subsection A	First paragraph
	Subsection B	Second paragraph	Amended 5-6-1997 by L.L. No. 10-1977; and at time of adoption of Code
§ 84-8		Section 2	Amended at time of adoption of Code
Omitted		Sections 3 and 4
Chapter 86, Permit Parking
Article I		L.L. No. 2-1977	3-11-1977
§§ 86-1 through 86-3		Sections 1 through 3
§ 86-4		Section 4
	Subsections A and B	Subsections (a) and (b)
	Subsection C	Subsection (c)	Amended at time of adoption of Code
Article II		L.L. No. 4-1977	3-11-1977
§§ 86-5 through 86-10		Sections 1 through 6
Omitted		Sections 7 and 8
Article III		Ordinance	6-8-1973
§ 86-11		Section I
§ 86-12		Section II	Amended at time of adoption of Code
§ 86-13		Section III
Article IV		Ordinance	7-24-1973
§ 86-14		Section I
§ 86-15		Section II	Amended at time of adoption of Code
§ 86-16		Section III
Chapter 90, Shopping Carts		L.L. No. 4-1979	12-14-1979
§§ 90-1 through 90-9		Sections 1 through 9
Omitted		Section 10
Chapter 95, Streets and Sidewalks
Article I		Ordinance	6-12-1953
§§ 95-1 through 95-5		Sections I through V
§ 95-6		Section VI	Amended at time of adoption of Code
Article II		Ordinance	6-3-1938
§ 95-7		First paragraph
§ 95-8		Second paragraph
§ 95-9		Third paragraph	Amended at time of adoption of Code
Article III		Ordinance	6-3-1938
§ 95-10		First paragraph
§ 95-11		Second paragraph	Amended at time of adoption of Code
Article IV		Ordinance	6-28-1955
§ 95-12		Section I
§ 95-13		Section II	Amended at time of adoption of Code
Article V		L.L. No. 5-1979	12-14-1979
§§ 95-14 through 95-16		Sections 1 through 3
§ 95-16		Section 4	Amended at time of adoption of Code
Omitted		Section 5
Article VI		Ordinance	7-2-1952
§§ 95-18 through 95-23		A through F
§ 95-24		G	Amended at time of adoption of Code
Chapter 99, Taxation
Article I		L.L. No. 3-1976	12-10-1976
§§ 91-1 and 91-2		Sections 1 and 2
Omitted		Section 3
Article II		L.L. No. 1-1968	11-8-1968
§§ 99-3 through 99-20		Sections 1 through 18
Omitted		Sections 19 and 20
Chapter 101, Tennis Courts		L.L. No. 8-1980	12-12-1980
§§ 101-1 through 101-4		Sections 1 through 4
§ 101-5		Section 5	Amended at time of adoption of Code
Omitted		Sections 6 through 8
Chapter 103, Tow Trucks		L.L. No. 2-1973	6-26-1973
§§ 103-1 through 103-11		Sections 1 through 11
Omitted		Section 12
§ 103-12		Section 13	Amended at time of adoption of Code
Omitted		Section 14
Chapter 105, Trailers		Ordinance	9-21-1954
§ 105-1		First paragraph
§ 105-2		Second paragraph
§ 105-3		Third paragraph	Amended at time of adoption of Code
Chapter 107, Trees		Ordinance	5-26-1961
§§ 107-1 through 107-3		Sections I through III
§ 107-4		Section IV	Amended at time of adoption of Code
Omitted		Section V
Ch. 110, Vehicles and Traffic
Articles I through VI		Articles I through VI	Adopted 1-29-1982 by L.L. No. 1-1982
Article VII		Article VII	Adopted 3-12-1982 by resolution
Chapter 112, Vehicles, Impounded		L.L. No. 7-1980	11-14-1980
§§ 112-1 through 112-6		Sections 1 through 6
Omitted		Section 7
Chapter 116, Zoning		Ordinance	4-13-1973
Article I		Section 1-00
Omitted		1-10
§ 116-1		1-20
§ 116-2		1-30
	Subsection A	1-30.10
	Subsection B	1-30.20	Amended 3-11-1977 by L.L. No. 1-1977; and 4-11-1980 by L.L. No. 1-1980
Article II		Section 2-00
§ 116-3		First unnumbered paragraph
§ 116-4		2-10
	Subsection A	2-10-10
	Subsection B	2-10-10.01	Added 9-12-1980 by L.L. No. 5-1980
	Subsections C and D	2-20-20 and 2-10-30
§ 116-5		2-20
	Subsection A	2-20-10	Amended 3-11-1977 by L.L. No. 1-1977
	Subsections B and C	1-20-10.01 and 2-20-10.02	Added 3-11-1977 by L.L. No. 1-1977
	Subsections D and E	2-20-20 and 2-20-30
§ 116-6		2-30
	Subsection A	2-30-10	Amended 3-11-1977 by L.L. No. 1-1977
	Subsection B	2-30-10.01	Added 3-11-1977 by L.L. No. 1-1977
	Subsections C and D	2-30-20 and 2-30-30
§ 116-7		2-40-10
§ 116-8		2.40-20
	Subsection A	2-40-20.01
	Subsection B	2-40-20.02	Amended 4-15-1977 by L.L. No. 5-1977
	Subsection C	2-40-20.03	Amended 5-11-1973
	Subsection D	2-40-20.04
	Subsection E	2-40.20.05	Added 4-15-1977 by L.L. No. 5-1977
Article III		Section 3-00
§ 116-9		3-10
	Subsection A	3-10-10	Amended 12-12-1975 by L.L. No. 8-1975; 4-11-1980 by L.L. No. 1-1980
	Subsections B and C	3-10-20 and 3-10-30
§§ 116-10 through 116-12		3-20 through 3-40
§ 116-13		3-50
	Subsections A through D	3-50-10 through 3-50-40
	Subsection E	3-50-50	Amended 3-8-1974
	Subsection F	3-50-60
	Subsection G	3-50-70	Amended 4-9-1976 by L.L. No. 1-1976
§§ 116-14 and 116-15		3-60 and 3-70
§ 116-16		3-80	Amended 3-8-1974
§ 116-17		3-90
§ 116-18		3-100
	Subsections A and B	3-100-10 and 3-100-20	Amended 3-11-1977 by L.L. No. 1-1977
	Subsection C	3-100-30
§ 116-19		3-110
	Subsections A through G	3-110-10 through 3-110-70
	Subsection H	3-110-80	Added 9-12-1980 by L.L. No. 5-1980
Article IV		Section 4-00
§§ 116-20 through 116-22		4-10 through 4-30
§ 116-23		4-40
	Subsection A	First unnumbered paragraph
	Subsection B	4-40-10 through 4-40-220	Amended 3-11-1977 by L.L. No. 2-1977
Article V		Section 5-00
§§ 116-24 through 116-27		5-10 through 5-50
§ 116-28
	Subsections A through C	5-50-10 through 5-50-30
	Subsection D	5-50-40	Amended 3-8-1974
	Subsection E	5-50-50
	Subsection F	5-50-60	Amended 3-13-1981 by L.L. No. 1-1981
	Subsections G through I	5-50-70 through 5-50-90
§ 116-29			Added 3-13-1981 by L.L. No. 1-1981
Article VI		Section 6-00
§§ 116-30 and 116-31 116-32		6-10 and 6-20 6-30
	Subsections A through C	6-30-10 through 6-30-30
	Subsection D	6-30-40	Amended 4-9-1976 by L.L. No. 1-1976
	Subsections E through G	63-30-50 through 6-30-70
§§ 116-33 through 116-35		6-40 through 6-60
Article VII		Section 7-00
§§ 116-36 through 116-39		7-10 through 7-40
§ 116-40		7-50	Amended 4-9-1976 by L.L. No. 1-1976
	Subsection A	7-50-10
	Subsection B	7-50-20	Amended at time of adoption of Code
	Subsection C	7-50-30
Omitted		7-60 and 7-70
Tables		Tables	Amended 5-11-1973; 5-10-1974; 3-11-1977 by L.L. No. 1-1977; and 8-17-1979 by L.L. No. 1-1979

§ 1-3 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 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.

§ 1-4 Repeal of enactments not included in Code.

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.

§ 1-5 Enactments saved from repeal; matters not affected.

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.

§ 1-6 Filing of copies of Code.

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.

§ 1-7 Amendments to Code.

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.

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

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.

§ 1-9 Sale of Code book; supplementation.

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.

§ 1-10 Publication; filing.

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.

§ 1-11 Penalties for tampering with Code.

[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.

§ 1-12 Changes in previously adopted legislation.

[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.)[1]

[1]

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.

§ 1-13 Severability.

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.

§ 1-14 Incorporation of provisions into Code.

The provisions of this local law are hereby made Chapter 1 of the Code of the Village of Southampton, to be entitled "Chapter 1, General Provisions," and the sections of this local law shall be numbered §§ 1-1 through 1-15.

§ 1-15 When effective.

This local law shall take effect as provided by law upon filing with the Secretary of State of the State of New York.

Article II Penalties for Offenses

[Adopted 8-13-2020 by L.L. No. 7-2020]

§ 1-16 Definitions.

In this article, "violation of this Code" means:

(1)

Doing an act that is prohibited or made or declared unlawful or an offense or a misdemeanor by local law.

(2)

Failure to perform an act that is required to be performed by local law.

(3)

Failure to perform an act if the failure is declared an offense or unlawful by local law.

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.

§ 1-17 Penalties.

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.

§ 1-18 Alternative relief.

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.

§ 1-19 Joint and several liability.

Where more than one party is liable for a violation of this Code, such liability shall be joint and several in scope.

§ 1-20 Violation of ordinances.

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.

§ 1-21 Conflict and severability.

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.

§ 1-22 Community service.

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.