[Adopted 10-2-2007 by L.L. No. 2-2007]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and certain resolutions of the Village of Massena, 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 Massena,” 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 Massena” 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 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, and the effectiveness of such provisions shall date from the date of adoption of the prior local law 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 Massena, 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 Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
All local laws of a general and permanent nature
of the Village of Massena 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in force by reference therein are hereby repealed from and after the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 provided for in §
1-3 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 Massena 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 Massena 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 Massena.
D. Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Village of Massena.
E. Any local law of the Village of Massena 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 Massena or any portion thereof.
F. Any local law of the Village of Massena 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 Massena or other instruments or evidence of the Village's
indebtedness.
G. Local laws 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 relating to salaries and compensation.
K. Any local law amending the Zoning Map.
L. Any local law relating to or establishing a pension
plan or pension fund for municipal employees.
M. Any local law or portion of a local law establishing
a specific fee amount for any license, permit or service obtained
from the Village.
N. Any local law adopted subsequent to January 1, 2007.
If any clause, sentence, paragraph, section,
article, chapter or part of this local law or of any local law 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 Massena
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 Massena by impressing thereon the Seal of the Village of
Massena, 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 and resolutions known collectively
as the “Code of the Village of Massena” 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 or resolution contained herein, and such local laws
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 Massena 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 Massena in any manner whatsoever which will cause
the legislation of the Village of Massena 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 Massena, 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.