[Adopted 12-14-2009 by L.L. No. 6-2009[1]]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
The local laws embraced in the chapters and sections herein
shall constitute and be designated the "Code of the Village of Amityville"
and may be so cited.
A.
In
the construction of this Code, and of all local laws, the following
rules shall be observed, unless such construction would be inconsistent
with the manifest intent of the Village Board of Trustees:
(1)
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.
(2)
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.
(3)
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.
(4)
Interpretation. In the interpretation and application of any provision
of this Code, it shall be held to be the minimum requirement adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare. Where any provision of the Code imposes a greater
restriction 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.
(5)
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.
(6)
Name of officer. Whenever the name of an officer is given, it shall
be construed as though the words "of the Village of Amityville" were
added.
(7)
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.
(8)
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.
(9)
"Or"; "and." "Or" may be read "and," and "and" may be read "or,"
if the sense requires it.
(10)
Time. Words used in the past or present tense include the future,
as well as the past and present.
(11)
Village. Whenever the words "the Village" or "this Village" are used,
they shall be construed as if the words "of Amityville, New York"
followed them.
B.
KEEPER AND PROPRIETOR
MAYOR
MONTH
OWNER
PERSON
SIDEWALK
STATE
STREET
TENANT or OCCUPANT
VEHICLE
As
used in this Code and all local laws, the following terms shall have
the meanings indicated, unless such meanings would be inconsistent
with the manifest intent of the Village Board of Trustees:
Includes persons, firms, associations, corporations, clubs
and partnerships, whether acting by themselves or through a servant,
agent or employee.
The Mayor of the Village of Amityville. Where an ordinance
or local law or section shall direct that an act be performed or that
a decision be made by the Mayor, such expression shall be deemed to
include not only the Mayor, but the Deputy 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.
A calendar month.
As applied to a building or land, includes 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.
Extends and is applied to associations, clubs, societies,
firms, partnerships and bodies politic and corporate, as well as to
individuals.
Any portion of a street between the curbline and the adjacent
property line.
The State of New York.
Embraces streets, avenues, boulevards, roads, alleys, lanes,
viaducts and all other public highways in the Village.
As applied to a building or land, includes 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.
Except where otherwise defined, an automobile, motorcycle,
cart, wagon, buggy, bicycle, sled, sleigh, boat trailer, mobile-home
trailer or airplane and includes any device of any kind or character
used or designed to be used for the purpose of transporting persons,
animals, or things.
The catch lines of the several sections of this Code which are
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
the titles of such sections, nor to be any part of the section, nor,
unless expressly so provided, shall they be so deemed when any of
such sections, including the catch lines, are amended or reenacted.
A.
The
repeal of a local law shall not revive any local laws or ordinances
in force before or at the time the local laws repealed took effect.
B.
The
repeal of a local law shall not affect any punishment or penalty incurred
before the repeal took effect, or any suit, prosecution or proceeding
pending at the time of the repeal for an offense committed prior to
the date thereof.
The sections, paragraphs, sentences, clauses and phrases of
this Code are severable, and if any phrase, clause, sentence, paragraph
or section of this Code shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Code.
All local laws passed subsequent to the adoption of this Code,
which local laws amend, repeal or in any way affect this Code, may
be numbered in accordance with the numbering system of this Code and
printed for inclusion therein, or in the case of chapters, sections
and subsections, or any part thereof, repealed by subsequent local
laws, such repealed portions may be excluded from the Code by omission
from reprinted pages affected thereby, and the subsequent local laws
as numbered and printed or omitted, in the case of repeal, shall be
prima facie evidence of such subsequent local laws until such time
as this Code and subsequent local laws numbered or omitted are readopted
as a new Code by the Village Board of Trustees.
Upon the adoption of any zoning law, or amendment thereto, an
abstract of such law shall be published once in the official newspaper,
and a copy of such law, together with a summary or abstract of any
map incorporated therein, shall be posted conspicuously at or near
the main entrance to the office of the Village Clerk. This section
modifies the publication requirements contained in § 7-706
of the Village Law as the same apply to the Village of Amityville.
It shall be unlawful for any person in the Village to change
or amend, by additions or deletions, any part or portion of this Code,
to insert or delete pages or portions thereof or to alter or tamper
with such Code in any manner whatsoever which will cause the law of
the Village of Amityville to be misrepresented thereby.
