[Adopted 9-6-1993 as L.L. No. 4-1993]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Penn Yan, as codified by General Code Publishers Corp., and consisting of Chapters
1 through
202, together with an Appendix, shall be known collectively as the "Code of the Village of Penn Yan," 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 Penn Yan" 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 Penn Yan, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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.
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 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 franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Penn Yan.
E. Any local law or ordinance 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 local law or ordinance 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. 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 annexation or dedication of property.
J. Any legislation relating to salaries.
K. Any local law or ordinance amending the Zoning Map.
L. Any legislation adopted subsequent to March 16, 1992.
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 Penn Yan 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 Penn Yan by impressing
thereon the Seal of the Village of Penn Yan, 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 Penn Yan" 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 Penn
Yan 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 may be purchased from the Village Clerk-Treasurer
of the Village of Penn Yan 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-Treasurer,
changes or amends, by additions or deletions, any part or portion of the Code
of the Village of Penn Yan or who alters or tampers with such Code in any
manner whatsoever which will cause the legislation of the Village of Penn
Yan 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of Penn Yan, such local law to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-1 to
1-13, inclusive.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.