[Adopted 1-3-2006 by L.L. No. 1-2006]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws of the Village of Great Neck (the “Village”), as codified by the Village in 1976, and as amended by local law thereafter, presently consisting of Chapters 1 through 210, together with an Appendix (the “1976 Code”), as recodified by General Code Publishers Corp., and consisting of Chapters 1 through 575, together with an Appendix, shall be known collectively as the “Code of the Village of Great Neck,” hereafter within this § 1-1 and the following §§ 1-2 and 1-11, for clarity, termed the “2006 Code” and otherwise, within the 2006 Code, merely as “the Code.” Wherever reference is made in the 1976 Code to any other provision appearing in the 1976 Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the 2006 Code as if the 1976 Code had been formally amended to so read.
The provisions of the 2006 Code are intended as a continuation of the 1976 Code in force immediately prior to the enactment of the 2006 Code and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the 1976 Code, or prior thereto if previously adopted by the Village by 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, and it is the intention of said Board that each such provision contained within the 1976 Code is hereby reaffirmed as it appears in the 2006 Code.
This local law specifically repeals the former Code of the Village of Great Neck, adopted December 21, 1976, by Local Law No. 21-1976, as amended.
The repeal of Code of the Village of Great Neck, adopted December 21, 1976, by Local Law No. 21-1976, as amended, as provided 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:
Any right or liability established, accrued or incurred under any legislative provision of the Village of Great Neck prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Great Neck 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 Great Neck.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Great Neck.
Any local law or ordinance of the Village of Great Neck 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 Great Neck or any portion thereof.
Any local law, ordinance or resolution of the Village of Great Neck 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 Great Neck or other instruments or evidence of the Village's indebtedness.
Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement, or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any local law, ordinance, or resolution relating to salaries and compensation.
Any local law or ordinance amending the Zoning Map.
Any local law or ordinance relating to or establishing a pension plan or pension fund for municipal employees.
Any local law, ordinance or resolution or portion of a local law, ordinance, or resolution establishing a specific fee amount for any license, permit, or service obtained from the Village.
Any local law adopted subsequent to 10-11-2005.
All local laws, ordinances, resolutions, rules, and regulations pertaining to the regulation of traffic and parking.
If any clause, sentence, paragraph, section, article, chapter, 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, chapter, 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 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 by impressing thereon the Seal of the Village, 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 Great Neck” 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 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, or any chapter or portion of it, may be purchased from the Village Clerk, or an authorized agent of the Village Clerk, upon the payment of a fee to be set by resolution of the Board of Trustees. The Village Clerk may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code or who alters or tampers with the Code in any manner whatsoever which will cause the legislation of the Village 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.
In compiling and preparing the 2006 Code, no changes in the meaning or intent of 1976 Code have been made. Certain grammatical changes and other minor nonsubstantive changes may have been made in one or more provisions of the 1976 Code. It is the intention of the Board of Trustees that all such changes be adopted as part of the 2006 Code as if the 1976 Code had been previously formally amended to read as such.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.