[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-1931 by Ord. No. 1 (Ch. 1 of the 1968 Compilation)]
The definitions and provisions of this ordinance shall apply to the construction, application and enforcement of every ordinance of this Village, whether adopted now or hereafter, unless the context clearly indicates otherwise.
Whenever in these ordinances the following terms are used, they shall have the meanings respectively ascribed to them in this section:
- AUTHORIZED EMERGENCY VEHICLE
- Vehicles of the fire department, police vehicles, ambulances and such emergency vehicles of municipal departments or public service corporations as are designated or authorized by the Chief of Police.
- BOARD OF TRUSTEES
- The Board of Trustees of the Incorporated Village of Sag Harbor.
- The Mayor or the Acting Mayor of the Incorporated Village of Sag Harbor.
- Any person who is in actual physical control of a vehicle.
- Any ordinance of the Incorporated Village of Sag Harbor duly passed by the Board of Trustees of such Village, of which due public notice shall have been given as required by law.
- The stopping or standing of a vehicle, whether attended or unattended, upon a roadway, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading or in obedience to traffic regulations or traffic signs or signals.
- Includes individuals, firms, partnerships, associations and corporations.
- POLICE OFFICER
- Every officer of the Village Police Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
- Includes any street, avenue, road, alley, lane, highway or culvert and every class of public road, square and place.
- Any turn or maneuver in which a vehicle proceeding along
a street changes its course of travel so as to proceed along the same
street in a direction opposite to that from which the turn or maneuver
was commenced.[Added 9-2-1975 by L.L. No. 7-1975]
- The Incorporated Village of Sag Harbor.
Typographical and clerical errors shall be ignored where the meaning is otherwise plain.
Ordinances shall be construed reasonably and liberally to make effective the policy which was apparently intended by the Board of Trustees and to further the good government of the Village and the well-being of its inhabitants.
The doing of any act forbidden by any ordinance or by any order lawfully made under any ordinance or the failing to do any act required by an ordinance or by any order lawfully made under any ordinance shall be a violation of the ordinance and shall constitute disorderly conduct. It shall be equally a violation and shall constitute disorderly conduct for any person to cause another to violate an ordinance or for any person to attempt to violate an ordinance or to aid, assist, counsel or advise another to do so.
Any violation of an ordinance or any part thereof of the Village for which a penalty is not specifically provided shall be punished by a fine of not less than $1 nor more than $100 or by imprisonment for not less than one day nor more than three months, plus, in either case, the costs provided by law. In case of nonpayment of any fine or costs at the time the same are assessed, the offender shall be confined in the Village or county jail until such fine and costs are satisfied as provided by law, not to exceed 90 days.
All licenses and permits shall be issued by the Clerk after payment of the specified fee and approved by the Board of Trustees if required by ordinance. All applications shall be made out on forms furnished by the Clerk and verified under oath. All licenses and permits may be revoked by the Board of Trustees and shall expire on the last day of June next following their issuance. No deduction in the fee shall be made when the license or permit is terminated, either by revocation or by expiration, within less than a year after its issuance. All licenses and permits shall be exhibited on demand of any citizen and, if to carry on any business, shall be publicly displayed in the place of business.
This ordinance and all other ordinances of this Village shall take effect and be in force from and after their passage and publication according to law, unless otherwise specified.
[Added 3-29-1977 by L.L. No. 1-1977]
If any provision of this Code or of any ordinance or local law which forms a part hereof or which may hereafter be included herein shall be duly adjudged illegal, unlawful, unconstitutional, invalid or void by a court of competent jurisdiction or if the application of any such provision shall be so adjudged, such judgment shall not be deemed to affect the remainder thereof nor the application of such provision to facts, persons or circumstances other than those concerned in the matter litigated.
[Adopted 3-8-2011 by L.L. No. 2-2011]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Sag Harbor, as codified by General Code, and consisting of Chapters 1 through 300, together with an Appendix, shall be known collectively as the "Code of the Village of Sag Harbor," 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 Sag Harbor" 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 Sag Harbor, 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 § 1-12 below.
All local laws and ordinances of a general and permanent nature of the Village of Sag Harbor 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 § 1-12 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provision of the Village of Sag Harbor prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
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 Sag Harbor or any penalty, punishment or forfeiture which may result therefrom.
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 Sag Harbor.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Sag Harbor.
Any local law or ordinance of the Village of Sag Harbor 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 Sag Harbor or any portion thereof.
Any local law or ordinance of the Village of Sag Harbor 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 Sag Harbor or other instruments or evidence of the Village's indebtedness.
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
The levy or imposition of special assessments or charges.
The annexation or dedication of property.
Any local law or ordinance relating to salaries and compensation.
Any local law or ordinance amending the Zoning Map.
Any local law or ordinance relating to or establishing a pension plan or pension fund for municipal employees.
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.
Any local law adopted subsequent to October 12, 2010.
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 of Sag Harbor 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 of Sag Harbor by impressing thereon the Seal of the Village of Sag Harbor, 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 Sag Harbor" 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 Sag Harbor 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 Clerk, upon the payment of a fee to be set by resolution of the Board of Trustees. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
Any person who alters or tampers with the Code of the Village of Sag Harbor in any manner whatsoever which will cause the legislation of the Village of Sag Harbor 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 local laws, ordinances and resolutions for publication as the Code of the Village of Sag Harbor, 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.
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.)
Editor's Note: In accordance with § 1-20B, 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) 3-8-2011 by L.L. No. 2-2011." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.