[Adopted 10-3-1981 by L.L. No. 7-1981]
This article shall be known and may be cited as the "General Construction Law of the Incorporated Village of New Hyde Park."
It is hereby declared to be the policy of the Village Board of Trustees to provide for a general law defining certain terminology, words and phrases used in the several local laws, ordinances, rules and regulations of the village where such terminology, words or phrases are not otherwise defined in the text of such legislative enactments and to provide uniform penalties for violations of and offenses against village laws, ordinances, codes, regulations, rules and resolutions whenever penalties therefor are not provided in the text of such legislative enactments. It is the intention of the Board, in enacting this article, to effectuate the foregoing policies and to provide minimum standards for the construction and interpretation of local legislative enactments and the institution of uniform penalties in the absence of a specific intent to modify language or adopt particular sanctions in a given legislative text.
In the construction and interpretation of any local law, ordinance, rule or regulation, resolution, code or other legislative enactment of the Incorporated Village of New Hyde Park, the following rules and definitions shall be observed unless such construction would be inconsistent with provisions manifested in the text of any such enactments or would be contrary to the manifest intent of the Village Board of Trustees:
Definitions. As used in this Code, the following terms shall have the meanings indicated:
- BENEVOLENT ORGANIZATION
- Includes any organization, association or corporation lawfully engaged in philanthropic, humane or charitable purposes and not conducted for the gain or profit of its members or shareholders.
- The Board of Trustees, unless the text otherwise indicates or requires.
- BUREAU OF FIRE PREVENTION
- The Nassau County Fire Marshal.
- CHARITABLE ORGANIZATION
- Includes any organization, association or corporation not conducted for gain or profit and having a charitable, eleemosynary or benevolent purpose for the welfare of the public, or some segment thereof, as its primary purpose.
- COMPUTATION OF TIME
- As provided in § 20 of the New York State General Construction Law.
- CORPORATE LIMITS, CORPORATION LIMITS OR VILLAGE LIMITS
- The legal boundary of the Village of New Hyde Park.
- The County of Nassau in the State of New York.
- DELEGATION OF AUTHORITY
- Whenever a provision appears requiring, permitting or authorizing the head of a department of the village to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section specifically require otherwise.
- FIRE DEPARTMENT
- The New Hyde Park Fire District.
- In the interpretation and application of any provision of a local law, ordinance, code, rule or regulation, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of such law, ordinance or other enactment of the village imposes greater restrictions upon the subject matter than the general provisions imposed by this Article, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
- JOINT AUTHORITY
- All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
- KEEPER OR PROPRIETOR
- Includes persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
- The Mayor of the Village of New Hyde Park, and where an ordinance or section shall direct that an act be performed or decision be made by the Mayor, such expression shall be deemed to include not only the Mayor but the Deputy Mayor in the absence or inability of the Mayor or any member of the Board of Trustees designated by the Board or the Mayor to perform the act or exercise the discretion referred to; but this provision shall not be construed to authorize the Mayor or the Board to delegate any power or duty on the part of the Mayor to any other person except a member of the Board of Trustees of the village, or except as otherwise provided by law.
- A calendar month.
- Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and, in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
- Applied to a building or land, includes any part owner, lessor, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, mortgagee in possession, fiduciary, committee, lessee for term of years and any other person having an estate or interest of the whole or of a part of such building or land.
- Extends and is applied to associations, clubs, societies, firms, corporations, partnerships and bodies politic and corporate, as well as to individuals, and all other entities capable of being sued.
- PERSONAL PROPERTY
- Includes every species of property except real property, as herein described.
- POLICE DEPARTMENT
- The Nassau County Police Department.
- PRECEDING; FOLLOWING
- Next before and next after, respectively.
- Place or places.
- Includes real and personal property.
- PUBLIC PLACE
- Any park, field, cemetery and all streets and parking fields and premises owned by the village.
- REAL PROPERTY
- Includes lands, tenements, hereditaments and appurtenances.
- RELIGIOUS ORGANIZATION
- Includes any organization, association or corporation duly created or formed for religious purposes, worship or observances.
- The Village or Corporate Seal.
- Any portion of a street between the curbline or edge of the road or street and the adjacent property line intended for the use of pedestrians. The Board may, from time to time, determine the width of a "sidewalk."
- SIGNATURE OR SUBSCRIPTION
- Includes a mark or stamp when the person cannot write or sign his name.
- The State of New York.
- Includes but shall not be limited to streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the village. A "street" shall be a minimum of 50 feet in width between property lines.
- TENANT, OCCUPANT OR LESSEE
- Applied to a building or land, includes any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.
- The Town of Hempstead as to that portion of the village in that town, and the Town of North Hempstead as to that portion of the village in that town.
- TRUCK TRAILER
- Any trailer originally manufactured or used for the hauling of merchandise.
- Any person elected or appointed to that office.
- VILLAGE BOARD OF TRUSTEES
- The Board of Trustees of the Village of New Hyde Park, consisting of the Mayor and four Trustees.
- VILLAGE; CORPORATION
- Whenever the words "the village," "this village," "the corporation" or "this corporation" are used, they shall be construed as if the words "of New Hyde Park, New York," followed them.
- Seven days.
- WRITTEN; IN WRITING
- Includes any representation of words, letters or figures in English, whether by printing or otherwise.
- The calendar year.
Generally. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the particular. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischief for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the Village of New Hyde Park" were added.
Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Or; and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.
Tense. Words used in the past or present tense include the future as well as the past and present.
Except as may be specifically provided for in the text of a local law or ordinance, the repeal of a local law or ordinance shall not revive any local law or ordinance in force before or at the time the local law or ordinance repealed took effect.
The repeal of a local law or ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the local law or ordinance repealed unless the local law or ordinance otherwise provides.
Editor's Note: Former § 1-20, Penalties for offenses, as amended, was repealed 11-16-1999 by L.L. No. 4-1999. See now Art. IIA of this chapter.