[HISTORY: Adopted by the Board of Trustees of the Village of Skaneateles as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-2004 by L.L. No. 1-2004]
[Amended 3-27-2006 by L.L. No. 1-2006]
A. 
In the construction of this Code, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Village Board of Trustees:
(1) 
Code Enforcement Officer. Whenever the words "Code Enforcement Officer" appear in this Code or any amendment thereto, said term shall refer to the Code Enforcement Officer of the Village and to his duly authorized subordinates.
(2) 
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
(3) 
Corporate limits; corporation limits. Whenever the words "corporate limits," "corporation limits" or "Village limits" are used, they shall mean the legal boundary of the Village of Skaneateles.
(4) 
County. The words "the county" or "this county" shall mean the County of Onondaga in the State of New York.
(5) 
Delegation of authority. Whenever a provision appears requiring 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 designate otherwise.
(6) 
Director of Public Works. The Director of Public Works shall manage, oversee and administer the Municipal Division, consisting of the Electric, Water and Public Works Departments.
(7) 
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.
(8) 
Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
(9) 
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.
(10) 
Keeper; proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
(11) 
Mayor. Whenever the word "Mayor" is used it shall mean the Mayor of the Village of Skaneateles, and where a 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 or acting Mayor in the absence of the Mayor, or any member of the Board 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.
(12) 
Month. The word "month" shall mean a calendar month.
(13) 
Municipal Division. The Municipal Division shall consist of the Electric, Water and Public Works Departments, including the wastewater treatment plant. The Municipal Division shall be managed and administered by the Director of Public Works.
(14) 
Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the Village of Skaneateles" were added.
(15) 
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.
(16) 
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.
(17) 
Oath. The word "oath" shall be construed to include 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."
(18) 
Or; and. "Or" may be read "and" and "and" may be read "or" if the sense requires it.
(19) 
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.
(20) 
Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
(21) 
Personal property. The term "personal property" includes every species of property except real property, as herein described.
(22) 
Police Chief. The term "Police Chief" shall mean the Police Chief of the Village.
(23) 
Preceding; following. The words "preceding " and "following" shall mean next before and next after, respectively.
(24) 
Premises. Whenever the word "premises" is used, it shall mean place or places.
(25) 
Property. The word "property" shall include real and personal property.
(26) 
Public place. The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto, all sidewalks, streets and parking fields, and all waterways.
(27) 
Real property. The term "real property" shall include lands, tenements and hereditaments.
(28) 
Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.
(29) 
Seal. Whenever the word "Seal" is used, it shall mean the Village or Corporate Seal.
(30) 
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.
(31) 
Signature; subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write.
(32) 
State. The words "the state" shall be construed to mean the State of New York.
(33) 
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the Village.
(34) 
Tenant; occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
(35) 
Time. Words used in the past or present tense include the future as well as the past and present.
(36) 
Trustee. The word "Trustee" shall mean any person elected to that office.
(37) 
Vehicle. Except where otherwise defined, the word "vehicle" shall mean an automobile, motorcycle, cart, wagon, buggy, bicycle, sled, sleigh or airplane and shall include any device of any kind or character used or designated to be used for the purpose of transporting persons or things.
(38) 
Village Board of Trustees. Whenever the words "Village Board of Trustees" are used, they shall be construed to mean the Board of Trustees of the Village of Skaneateles.
(39) 
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 Skaneateles, New York" followed them.
(40) 
Village Engineer. The term "Village Engineer" shall mean the engineer(s) designated from time to time by the Village Trustees.
(41) 
Week. The word "week" shall be construed to mean seven days.
(42) 
Written; in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
(43) 
Year. The word "year" shall mean a calendar year.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
A. 
Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code shall be punished by a fine not exceeding $250, and in the event of failure to pay the same by imprisonment not exceeding 15 days, or both. Each day any violation of any provision of this Code shall continue shall constitute a separate offense.
B. 
In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be abated by the Village as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
Obedience to the provisions hereinafter set forth may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in § 1-3, or by civil action for a penalty, or by civil remedy at law or in equity by way of injunction, or otherwise to abate or prevent a violation of the provisions of this Code. Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in or the pendency of a civil action at law or in equity, shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
[Adopted 3-22-2004 by L.L. No. 1-2004]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Skaneateles, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 225, together with an Appendix, shall be known collectively as the "Code of the Village of Skaneateles," 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 Skaneateles 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 in the Code 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 Skaneateles, 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 § 1-8 below.
All local laws and ordinances of a general and permanent nature of the Village of Skaneateles 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 § 1-8 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 Skaneateles 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 Skaneateles 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 Skaneateles.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Skaneateles.
E. 
Any local law or ordinance of the Village of Skaneateles 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 Skaneateles or any portion thereof.
F. 
Any local law or ordinance of the Village of Skaneateles 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 Skaneateles 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, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any local law or ordinance 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 or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the village.
N. 
Any local law adopted subsequent to November 8, 2003.
O. 
Local Law No. 6-1996 (Comprehensive Plan) and all amendments thereto.
P. 
Local Law Nos. 3-1994, 4-1996 and 5-1996 establishing bench locations and all amendments thereto.
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/Treasurer of the Village of Skaneateles 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/Treasurer of the Village of Skaneateles by impressing thereon the Seal of the Village of Skaneateles, and such certified copy shall remain on file in the office of said Village Clerk/Treasurer 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 Skaneateles" 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/Treasurer to keep up-to-date the certified copy of the book containing the Code of the Village of Skaneateles required to be filed in the office of the Village Clerk/Treasurer 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/Treasurer, or an authorized agent of the Clerk/Treasurer, upon the payment of a fee to be set by resolution of the Board of Trustees. The Clerk/Treasurer may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the Village Clerk/Treasurer, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Skaneateles or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Skaneateles 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 Skaneateles, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B and C 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. 
The following changes are made throughout the Code:
(1) 
References to the "Fire Marshal/Fire Inspector" are amended to read "Code Enforcement Officer."
(2) 
References to the "Police Commissioner" are amended to read "Police Chief."
(3) 
References to the "Clerk" and "Treasurer" are amended to read "Clerk/Treasurer," except in Chapter 32.
(4) 
References to the "Board of Appeals" are amended to read "Zoning Board of Appeals."
(5) 
References to the "Building Inspector," "Building Official," "Building Code Inspector" and "Building Inspector/Codes Enforcement Officer" are amended to read "Code Enforcement Officer."
(6) 
References to the "Master Plan" are amended to read "Comprehensive Plan."
(7) 
References to the “Superintendent of Streets,” “Superintendent of Light Department,” “Street Commissioner,” “Highway Superintendent,” “Water Superintendent,” and “Commissioner of Public Works” are amended to read “Director of Public Works.”
[Amended 3-27-2006 by L.L. No. 1-2006]
(8) 
Specific fee amounts are replaced with "as established by the Board of Trustees."
C. 
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof 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: In accordance with § 1-11C, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-22-2004 by L.L. No. 1-2004." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the Village of Skaneateles, such local law to be entitled "General Provisions, Article II, Adoption of Code," and the sections of this local law shall be numbered §§ 1-6 to 1-18, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.