[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:
A.
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.
B.
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.
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 Great Neck.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Village of Great Neck.
E.
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.
F.
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.
G.
Local laws, ordinances or resolutions authorizing
the purchase, sale, lease or transfer of property, or any lawful contract,
agreement, or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any local law, ordinance, or resolution 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.
M.
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.
N.
Any local law adopted subsequent to 10-11-2005.
O.
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.
