In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the Local Laws and certain resolutions of the Village of Penn Yan, as codified and consisting of Chapters 1 through 202, are hereby approved, adopted, and enacted as the Code of the Village of Penn Yan, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of Local Laws 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 and resolutions and not as new enactments. This Local Law and the Code adopted hereby shall supersede and replace the 1993 Code of the Village of Penn Yan, as amended and supplemented.
[Adopted 5-19-2026 by L.L. No. 2-2026]
A.
A copy of the Code has been filed in the office of the Village Clerk and shall remain there for use and examination by the public until final action is taken on this Local Law. Following adoption of this Local Law such copy shall be certified by the Clerk of the Village of Penn Yan by impressing thereon the Seal of the Village, as provided by law, and such certified copy shall remain on file in the office of the Village Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
B.
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the Board of Trustees to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Village of Penn Yan" shall be understood and intended to include such additions and amendments. Nothing contained in this Local Law shall affect the status of any Local Law or resolution contained in the Code, and such Local Laws or resolutions may be amended, repealed, deleted or changed from time to time as the Board of Trustees deems desirable.
In the event that notice of enactment of this Local Law is required due to amendments adopted by way of this Local Law to zoning or land use provisions, or is otherwise required by law, the Clerk of the Village of Penn Yan shall cause notice of the enactment of this Local Law to be given in the manner required by law. The notice of the enactment 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.
Each section of this Local Law and of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
A.
Repeal of inconsistent enactments. All current Code Chapters of a general and permanent nature, or parts of such Chapters inconsistent with the provisions contained in the Code adopted by this Local Law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Penn Yan which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
Repeal of specific enactments. The Board of Trustees of the Village of Penn Yan has determined that the following Code Chapters are no longer in effect and hereby specifically repeals the following legislation:
(1)
Former Ch. 29, Retirement Incentive Program, of the 1993 Code, adopted 8-27-2002 by L.L. No. 3-2002.
(2)
Former Ch. 37, Abandoned Vehicles, Disposition of, of the I 993 Code, adopted 5-11-2004 by L.L. No. 3-2004.
(3)
Former Ch. 58, Buildings, Unsafe, of the 1993 Code, adopted 5-21-1996 by L.L. No. 3-1996.
(4)
Former Article I, Fire Prevention, of Chapter 92, Fire Prevention And Building Construction, of the 1993 Code, adopted 9-2-1969, as amended.
(5)
Former Ch. 111, Historic Property Tax Exemption, of the 1993 Code, adopted 3-16-1999 by L.L. No. 3-1999.
(6)
Former Ch. 166, Smoking, adopted 1-8-1990, of the 1993 Code, as amended 9-6-1993 by L.L. No. 4-1993.
The repeal of Code Chapters provided for in § 1-5 of this Local Law shall not affect the following classes of Local Laws, 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 Penn Yan 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 Penn Yan 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 Penn Yan.
D.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Penn Yan.
E.
Any Code Chapter or legislative action of the Board of Trustees of the Village of Penn Yan 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 Penn Yan or any portion thereof.
F.
Any Code Chapter or legislative action of the Board of Trustees of the Village of Penn Yan 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 Penn Yan or other instruments or evidence of the Village's indebtedness.
G.
Any Legislative action of the Board of Trustees of the Village of Penn Yan 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 Code Chapter or legislative action of the Board of Trustees relating to salaries and compensation.
K.
Any Code Chapter or legislative action of the Board of Trustees amending the Zoning Map.
L.
Any Code Chapter or legislative action of the Board of Trustees relating to or establishing a pension plan or pension fund for Village employees or volunteer fire fighters.
M.
Any Code Chapter or legislative action of the Board of Trustees establishing a specific fee amount for any license, permit or service obtained from the Village.
N.
Any Local Law adopted subsequent to L.L. No. 6-2025, adopted May 20, 2025.
A.
In compiling and preparing the Local Law and resolutions for publication as the Code of the Village of Penn Yan, 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 Law and resolutions had been previously formally amended to read as such.
B.
In addition any amendments and/or additions as set forth in Schedule A[1] 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 Code Chapters and resolutions as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 5-19-2026 by L.L. No. 2-2026." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
A.
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.