[Adopted 12-7-1989 by L.L. No. 3-1989]
Be it enacted by the Board of Trustees of the Village of New Hyde Park
as follows:
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions of the Village
of New Hyde Park shall be known collectively as the "Code of the Village of
New Hyde Park," 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 New Hyde Park 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
below, 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 and resolutions in force immediately prior to the enactment of the Code by this local law 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 New Hyde Park, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 New Hyde Park 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reference therein are hereby repealed from and after the effective date of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 New Hyde Park prior to the
effective date of this local law, or any action or proceeding brought for
the enforcement of such right or liability.
B. 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 New Hyde Park, 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 New Hyde
Park.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of New Hyde Park.
E. Any local law or ordinance of the Village of New Hyde
Park 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 New Hyde Park or any portion thereof.
F. Any local law or ordinance of the Village of New Hyde
Park 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 New Hyde Park 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 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 July 7, 1988.
If any clause, sentence, paragraph, section, article 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 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 New Hyde Park 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
to by the Village Clerk of the Village of New Hyde Park by impressing thereon
the Seal of the Village of New Hyde Park, 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 and resolutions known collectively as the "Code
of the Village of New Hyde Park," 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 New Hyde Park 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 New Hyde Park 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 New Hyde Park, or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of New Hyde Park
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 and resolutions for publication as the Code of the Village of New Hyde Park, 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.
B. 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 local laws, ordinances
and resolutions as they have been renumbered and appear in the Code.)
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of New Hyde Park, 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 State of the State of New York.