[HISTORY: Adopted by the Board of Trustees
of the Village of Scarsdale: Art. I, 3-14-1989 by L.L. No. 6-1989. Amendments noted where
applicable.]
[Adopted 3-14-1989 by L.L. No. 6-1989]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Scarsdale, as codified by General Code Publishers Corp. and consisting of Chapters 1 through A320, are hereby adopted as the Code of the Village of Scarsdale, and such local laws, ordinances and resolutions shall be known collectively as the "Code of the Village of Scarsdale," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided in said Code. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Village of Scarsdale" 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, 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 Scarsdale, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Scarsdale 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repealed from and after the effective date of this local law.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 Scarsdale 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 Scarsdale, 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 Scarsdale.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Scarsdale.
E.
Any local law or ordinance of the Village of Scarsdale
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 Scarsdale or any
portion thereof.
F.
Any local law or ordinance of the Village of Scarsdale
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 Scarsdale 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 legislation governing alarms and alarm devices.
L.
Any legislation adopted subsequent to April 12, 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, or any legislation included in this
Code 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 Scarsdale
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 Scarsdale by impressing thereon the Seal of the Village
of Scarsdale, 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 the 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 Scarsdale," 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 Scarsdale 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 Scarsdale 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 Scarsdale, or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Village of Scarsdale 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 Scarsdale, 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.)[1]
[1]
Editor's Note: Pursuant to § 1-11B, the following sections were added or amended: §§ 15-1A, B and D, 30-3, 37-2, 37-8, 72-1, 72-3A, 77-1R, Ch. 81, §§ 90-1, 90-6, 94-2, 111-6, 116-4, 121-3, 121-4, 141-3C, 141-4, 158-4, 158-6, 158-7, 158-8, 163-1, 163-2, 163-3A, 163-4, 163-14D, 192-1, 192-2, 192-4, 196-1, 196-2B, 196-22, 205-1B, 205-4, Ch. 217, §§ 230-2, 230-4, 234-1, 234-2, 234-7C, 234-8, 234-10, 234-14A, 234-15, 234-19, 256-1, 256-2, 256-4, 256-5, 256-6, 256-12, 256-13, 256-14, 256-15, 256-16, 256-23, Art. III of Ch. 256 (consisting of §§ 256-18 through 256-19), Art. IV of Ch. 256 (consisting of §§ 256-20 through 256-21), Art. VI of Ch. 256 (consisting of § 256-24 through 256-30), Art. VII of Ch. 256 (consisting of § 256-31), §§ 265-1A, 265-4, 277-1, 277-2, 277-3, 277-6, 277-7, 277-8, 277-9B, 281-3, 281-4, 281-7, 281-8, 281-10B, 281-18A(4), 294-2, 294-3, 294-4, 302-2, 302-4B, 310-1, 310-2, 310-3, 310-4B, 310-7I and P, 310-8E, F and G, 310-9C, D and E, 310-16, 310-22, 310-23, 310-67B, 310-70E, 310-71.1, 310-74B, 310-77, 310-78A, B and C, 310-81, A318-3A, C and D, A318-4E, A319-1, A319-4 and A319-23F. A complete description of each change is included in L.L. No. 6-1989, adopted 3-14-1989, and is on file in the office of the Village Clerk.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
[Added 7-18-1989 by L.L. No. 16-1989]
Whenever a specific criminal penalty is not
provided in the Code of the Village of Scarsdale or in any other local
law of the village for the punishment of an act which is prohibited
or which is declared to be unlawful or an offense, or for the nonperformance
of an act which is required to be done, the violation of any such
provision shall be punished by a fine not exceeding $250 or by imprisonment
not exceeding 15 days, or both. Each day of any violation of any provision
of this Code or any such local law shall constitute a separate offense.
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[During the process of codification, certain new enactments and certain substantive revisions, changes and/or additions to various existing legislation were approved by the village for inclusion in the Code of the Village of Scarsdale. Such amendments are noted in the histories of individual chapters as .".. amended during codification; see Ch. 1, General Provisions, Art. II." During the course of routine supplementation, specific amendment dates will be inserted where pertinent in the text of the various chapters.
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The listing below sets forth each chapter and,
where applicable, each section affected by any such legislation adopted
during codification. The complete text of such amendments is on file
in the office of the Town Clerk, where it may be inspected during
regular office hours.]
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Chapter/Section
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Local Law Number
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Adoption Date
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|---|---|---|
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Chapter 12, Appeals, Board of
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7-1989
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3-14-1989
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Chapter 18, Architectural Review, Board of
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12-1989
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3-14-1989
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Chapter 132, Building Construction and Fire Prevention
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8-1989
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3-14-1989
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Chapter 171, Freshwater Wetlands
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13-1989
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3-14-1989
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Chapter 179, Garbage, Rubbish and Refuse
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3-1989
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2-28-1989
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Chapter 247, Signs
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9-1989
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3-14-1989
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Chapter 251, Site Plan Review
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10-1989
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3-14-1989
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Chapter 272, Taxicabs
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2-1989
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3-14-1989
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Chapter 290, Vehicles and Traffic
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11-1989
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3-14-1989
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Section A316-3
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3-14-1989
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3-14-1989
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Chapter A320, Water
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3-14-1989
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