[Adopted 3-20-2000 by L.L.
No. 1-2000]
The provisions of the Code, insofar as they are 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, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance and 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 Minoa, 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; provided, however, that any amendments, changes or modifications to any earlier existing local laws or ordinances or parts thereof, including but not limited to the Old Code, shall become effective on the effective date of this local law. Any provisions of former local laws and ordinances, including without limitation, the Old Code, as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
Subject to the provisions of §
1-4 below, all local laws and ordinances of a general and permanent nature of the Village of Minoa, including but not limited to the Old Code, in force on the date of the adoption of this local law and not contained in the Code being adopted by this local law, or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this local law.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 Minoa 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 provisions of the Village
of Minoa 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 Minoa.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Minoa.
E. Any local law or ordinance of the Village of Minoa 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 Minoa or any portion thereof.
F. Any local law or ordinance of the Village of Minoa 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 Minoa
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 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 municipal employees.
N. Any local law adopted subsequent to February 3, 1999.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law 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. If any chapter of this Code
shall be found invalid by a court of competent jurisdiction, then the predecessor
of that chapter, if any, shall be deemed to have not been repealed and to
be in full force and effect.
A copy of the Code has been filed in the office of the Village Clerk
of the Village of Minoa 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 Minoa by impressing thereon the Seal of the Village of Minoa,
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 future additions, deletions, amendments or supplements to
any of the local laws, ordinances and resolutions known collectively as the
"Code of the Village of Minoa" 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 included in the Code as amendments
and supplements thereto.
It shall be the duty of the Village Clerk to keep up-to-date the certified
copy of the book containing the Code for the Village of Minoa 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 Minoa 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 Board, changes
or amends, by additions or deletions, any part or portion of the Code of the
Village of Minoa or who alters or tampers with such Code in any manner whatsoever
which will cause the legislation of the Village of Minoa to be misrepresented
thereby 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Minoa, such local law to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-1 to
1-13, inclusive.
This local law shall take effect immediately upon filing with the Secretary
of the State of the State of New York.
[Adopted 9-3-1985 as Ch.
1, §§ 1.2, 1.3 and 1.9 through 1.14, of the 1985 Code]
Unless a penalty is specifically provided for elsewhere in this Code,
the failure of any officer or employee of the village to perform an official
act required by this Code shall not be an offense, and shall not subject the
officer or employee to any penalty imposed for the violation of any provision
of this Code.
The provisions of this Code shall be liberally construed in order to
effectuate the purposes for which this Code and the laws contained herein
are enacted.