Village of Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-6-1983 by L.L. No. 17-1983]
It is the intent of this local law to establish a codification of ordinances, local laws and certain resolutions of the Village of Hempstead, for the purposes of increasing the effectiveness of Village governmental administration, providing for greater public awareness of and access to Village legislation and protecting the health, safety and welfare of Village inhabitants. The local laws, ordinances and certain resolutions of the Village of Hempstead referred to in § 1-2 of this local law shall be known collectively as the "Code of the Village of Hempstead," and the various parts and sections of such local laws, ordinances and certain resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
The chapters, articles and sections of the Code of the Village of Hempstead (hereinafter "Code") are derived from the ordinances, local laws and certain resolutions of the Village of Hempstead as set forth below, and the ordinances, local laws and certain resolutions of said Village are distributed and designated as indicated. Omitted sections pertain to repeal, severability or when effective provisions, which are covered by provisions of this local law or are ordinance or local law title sections which are not necessary in a codification having chapter and/or article titles for the various ordinances and local laws included therein. Deleted sections pertain to provisions not desired for codification due to supersession or conflict with state or local laws, or because these provisions, by their nature, are no longer effective.
Derivation Table
New Number
(chapter, title, article, section)
Old Number
(source)
Adoption or Amendment Date
Chapter 1, General Provisions
Article I
L.L. No. 17-1983
12-6-1983
§§ 1-1 through 1-15
§§ 1-1 through 1-15
Article II
Code of Ordinances
4-19-1966
§ 1-16
§ 1-8
Amended 7-11-1967 by C.O. No. 12; 3-20-1968 by C.O. No. 17; 11-6-1968 by C.O. No. 26
§ 1-17
§ 1-9
§ 1-18
§ 1-10
Chapter 5, Appearance Tickets
L.L. No. 4-1979
6-19-1979
§ 5-1
Unnumbered section
Chapter 9, Ethics, Code of
Resolution
7-8-1970
§ 9-1
Section 1
§ 9-2
Section 2
§ 9-3
Section 3
§ 9-4
Section 4
§ 9-5
Section 5
§ 9-6
Section 6
Omitted
Section 7
Chapter 13, Human Relations Council
L.L. No. 29-1981
10-20-1981
§§ 13-1 through 13-8
§§ 2-15 through 2-22
Chapter 17, Lien Satisfaction From Fire Insurance Proceeds
L.L. No. 1-1979
2-6-1979
§ 17-1
1
Omitted
2
Chapter 19, Local Laws, Adoption of
L.L. No. 1-1947
2-4-1947
§§ 19-1 through 19-3
1 through 3
Chapter 24, Officers and Employees
Article I
L.L. No. 1-1949 § 1
3-14-1949, amended 4-2-1954 by L.L. No. 1-1954
§ 24-1
First three sentences
§ 24-2
Fourth and fifth sentences
§ 24-3
Sixth and seventh sentences
Amended at time of adoption of Code
§ 24-4
Eighth, ninth and tenth sentences
§ 24-5
Eleventh sentence
§ 24-6
Twelfth sentence
Omitted
(a)
Omitted
(b)
Article II
Code of Ordinances
4-19-1966
§ 24-7
§ 2-5
Article III
L.L. No. 1-1949
3-14-1949
§ 24-8
§ 2, paragraph one
§ 24-9
§ 2, paragraph two
Article IV
L.L. No. 1-1956
5-15-1956, amended 4-21-1959 by L.L. No. 1-1959; 6-7-1966 by L.L. No. 1-1966; 5-2-1967 by L.L. No. 1-1967; 5-6-1969 by L.L. No. 1-1969
§ 24-10
1
§ 24-11
2
Article V
L.L. No. 2-1956
9-4-1956
§ 24-12
Unnumbered section
Article VI
L.L. No. 3-1955
11-1-1955
§§ 24-13 and 24-14
Paragraphs one and two
Article VII
L.L. No. 3-1956
10-16-1956, amended 9-11-1967 by L.L. No. 2-1967
§§ 24-15 through 24-17
1 through 3
Article VIII
L.L. No. 1-1980
1-2-1980
§§ 24-18 through 24-21
a through d
Chapter 28, Police
Article I
L.L. No. 4-1956
12-4-1956
§§ 28-1 through 28-3
Paragraphs one through three
Article II
L.L. No. 2-1954
9-7-1954, amended 10-4-1955 by L.L. No. 2-1955
§§ 28-4 through 28-6
Paragraphs one through three
Article III
L.L. No. 8-1982
12-7-1982
§ 28-8
§ 2-6
Chapter 30, Publicity Fund
L.L. No. 14-1974
11-19-1974
§ 30-1
Unnumbered section
Chapter 32, Records, Public Access to
Resolution
9-3-1974
§§ 32-1 through 32-5
1 through 5
Chapter 36, Traffic Safety Board
L.L. No. 1-1976
2-17-1976
§§ 36-1 through 36-4
a through d
Chapter 37, Traffic Violations Bureau
L.L. No. 3-1981
1-6-1981
§ 37-1
§ 10-17
§ 37-2
§ 10-18
§ 37-3
§ 10-19
§ 37-4
§ 10-20
§ 37-5
§ 10-21
§ 37-6
§ 10-22
§ 37-7
§ 10-24
Chapter 39, Village Liability and Employee Indemnification
Article I
L.L. No. 1-1953
9-1-1953
§ 39-1
§ 341-a
§ 39-2
§ 2
Article II
L.L. No. 5-1980
5-6-1980
§§ 39-3 through 39-11
a through i
Chapter 42, Zoning Appeals, Board of
L.L. No. 1-1951
6-5-1951
§§ 42-1 through 42-3
Paragraphs one through three
Chapter 44, Alarm Devices
L.L. No. 6-1980
5-20-1980
§§ 44-1 and 44-2
Paragraphs one and two
Chapter 46, Bicycles
L.L. No. 3-1981
1-6-1981
§ 46-1
§ 10-66
§ 46-2
§ 10-67
§ 46-3
§ 10-68
§ 46-4
§ 10-69
§ 46-5
§ 10-70
§ 46-6
§ 10-71
§ 46-7
§ 10-72
§ 46-8
§ 10-73
§ 46-9
§ 10-74
§ 46-10
§ 10-75
Chapter 48, Boardinghouses and Rooming Houses
L.L. No. 4-1981
8-17-1981
§ 48-1A
§ 9-22(a)
§ 48-1B
§ 9-22(b)
Amended 12-15-1981 by L.L. No. 33-1981
§ 48-2
§ 9-23
§ 48-3
§ 9-24
§ 48-4
§ 9-25
§ 48-5
§ 9-26
Chapter 51, Buildings and Structures, Dangerous
L.L. No. 2-1981
1-6-1981
§ 51-1
§§ 4-2 and 4-4
§§ 51-2 through 51-20
§§ 4-3 and 4-5 through 4-20
Chapter 57, Dogs and Other Animals
L.L. No. 1-1981
1-6-1981
§§ 57-1 through 57-11
§§ 3-1 through 3-11
Chapter 60, Electrical Standards
L.L. No. 24-1981
6-16-1981
§§ 60-1 through 60-10
§§ 5-1 through 5-10
§ 60-11
§ 5-11a
§ 60-12
§ 5-11b
§§ 60-13 through 60-17
§§ 5-12 through 5-16
§ 60-18A and B
§ 5-17a and b
Amended 4-5-1983 by L.L. No. 2-1983
§§ 60-18C through 60-21
§§ 5-17c through 5-20
§§ 60-22 and 60-23
§§ 5-23 and 5-24
§ 60-24
§ 5-21a through d
§§ 60-25 through 60-27
§ 5-21e through g
§ 60-28
§ 5-21h and i
§§ 60-29 through 60-31
§ 5-21j through l
§ 60-32
§ 5-22
§§ 60-33 through 60-39
§ 5-25 through 5-30
Chapter 62, Environmental Quality Review
L.L. No. 4-1977
4-19-1977
§§ 62-1 and 62-2
1 and 2
§ 62-3
3(a)
§ 62-4
3(b)
§§ 62-5 through 62-10
4 through 9
§ 62-11
10, paragraph one
§ 62-12
10, paragraphs two and three
§§ 62-13 through 62-21
11 through 19
Omitted
20 through 22
Chapter 65, Fire Prevention and Protection
L.L. No. 27-1981
9-1-1981
§ 65-1
§ 6-1(a) and (b)
§§ 65-2 and 65-3
§ 6-1(c) and (d)
§§ 65-4 and 65-5
§ 6-2(a) paragraphs one and two
§§ 65-6 and 65-7
§ 6-2(b) and (c)
§§ 65-8 through 65-30
§§ 6-3 through 6-24
§§ 65-31 and 65-32
§ 6-25(a) and (b)
§§ 65-33 through 65-38
§§ 6-26 through 6-31
§§ 65-39 and 65-40
§ 6-32(a) and (b)
§§ 65-41 through 65-55
§§ 6-33 through 6-47
§§ 65-56 and 65-57
§ 6-48(a), (b) and (c)
§ 65-58
§ 6-49
§ 65-59
§ 6-50(a) through (c)
§ 65-60
§ 6-50(d)
Amended 10-5-1982 by L.L. No. 5-1982
§§ 65-61 through 65-68
§§ 6-51 through 6-58
§§ 65-69 and 65-70
§ 6-59(a) and (b)
§§ 65-71 through 65-75
§ 6-60 through 6-64
§ 65-76
§ 6-65(a)
§ 65-77
§ 6-65(b) through (e)
§§ 65-78 and 65-79
§ 6-65(f) and (g)
§§ 65-80 through 65-136
§§ 6-66 through 6-120
Chapter 68, Food Establishments
L.L. No. 4-1981
2-17-1981
§§ 68-1 through 68-4
§§ 9-35 through 9-38
Chapter 71, Garage Sales
L.L. No. 4-1981
2-17-1981
§§ 71-1 and 71-2
§§ 9-199 and 9-200
§§ 71-3 and 71-4
§ 9-201(a) and (b)
§§ 71-5 through 71-9
§§ 9-202 through 9-206
Chapter 74, Health and Sanitation; Garbage and Littering
L.L. No. 1-1982
2-16-1982
§§ 74-1 through 74-8
§§ 7-1 through 7-8
§ 74-9
§ 7-9(a) through (e)
§ 74-10
§ 7-9(f)
§§ 74-11 through 74-29
§§ 7-10 through 7-28
Chapter 78, Housing and Property Maintenance
L.L. No. 19-1981
4-21-1981
§§ 78-1 through 78-6
§§ 8-1 through 8-6
§ 78-7
§ 8-7(a) and (b)
§§ 78-8 and 78-9
§ 8-7(c) and (d)
§§ 78-10 through 78-13
§§ 8-8 through 8-11
§ 78-14
§ 8-12(a) through (c)
§ 78-15
§ 8-12(d)
§§ 78-16 and 78-17
§§ 8-13 and 8-1914
Chapter 82, Junk Dealers
L.L. No. 4-1981
2-17-1981
§§ 82-1 and 82-2
§ 9-42(a) and (b)
§§ 82-3 through 82-5
§§ 9-43 through 9-45
Chapter 86, Licensing and Business Regulations
L.L. No. 4-1981
2-17-1981
§§ 86-1 through 86-12
§§ 9-1 through 9-12
§ 86-13
§ 9-13
Amended 12-15-1981 by L.L. No. 32-1981
§ 86-14
§ 9-14
§§ 86-15 through 86-25
§§ 9-178 through 9-188
§ 86-26
§ 9-189
Added 8-4-1981 by L.L. No. 26-1981
§ 86-27
§ 9-190
Chapter 92, Parking Field Business
L.L. No. 4-1981
2-17-1981
§§ 92-1 through 92-6
§§ 9-112 through 9-117
Chapter 95, Peace and Good Order
Article I
L.L. No. 7-1981
2-17-1981
§ 95-1
§ 11-1
Article II
L.L. No. 8-1981
2-17-1981
§ 95-2
§ 11-2
Article III
L.L. No. 9-1981
2-17-1981
§ 95-3
§ 11-3
Article IV
L.L. No. 10-1981
2-17-1981
§§ 95-4 and 95-5
§ 11-4a and b
Article V
L.L. No. 11-1981
2-17-1981
§§ 95-6 and 95-7
§§ 11-5 and 11-6
Article VI
L.L. No. 12-1981
2-17-1981
§ 95-8
§ 11-7
Article VII
L.L. No. 13-1981
2-17-1981
§§ 95-9 and 95-10
§ 11-8(a) and (b)
§ 95-11
§ 11-8(c) and (d)
§ 95-12
§ 11-8(e)
Article VIII
L.L. No. 14-1981
2-17-1981
§§ 95-13 through 95-16
§ 11-9(a) through (d)
Article IX
L.L. No. 15-1981
2-17-1981
§ 95-17
§ 11-10
Article X
L.L. No. 11981
2-17-1981
§ 95-18
§ 11-11
Article XI
L.L. No. 3-1981
1-6-1981
§ 95-19
§ 10-6
Chapter 97, Peddlers and Solicitors
L.L. No. 4-1981
2-17-1981
§§ 97-1 through 97-6
§§ 9-130 through 9-135
§ 97-7
§ 9-136(A) through (C)
§ 97-8
§ 9-136(D)
§ 97-9
§ 9-136(E) and (F)
§§ 97-10 and 97-11
§§ 9-137 and 9-138
Chapter 100, Plumbing
L.L. No. 22-1981
5-19-1981
§§ 100-1 through 100-39
§§ 12-1 through 12-39
§ 100-40
§ 12-40
Added 10-20-1981 by L.L. No. 28-1981
Chapter 103, Public Assemblies
L.L. No. 18-1981
2-17-1981
§§ 103-1 through 103-8
§ 11-3(1) through (8)
Chapter 109, Secondhand Dealers
L.L. No. 4-1981
2-17-1981
§§ 109-1 through 109-3
§ 9-150A through C
§§ 109-4 through 109-7
§§ 9-151 through 9-154
§ 109-8
§ 9-155
Amended 12-7-1982 by L.L. No. 7-1982
§ 109-9
§ 9-156
Amended 12-7-1982 by L.L. No. 7-1982
Chapter 111, Shopping Carts
L.L. No. 17-1981
2-17-1981
§§ 111-1 through 111-6
§ 11-12(a) through (f)
Chapter 113, Signs
L.L. No. 30-1981
12-1-1981
§ 113-1
§ 13-53
§ 113-2
§ 13-52
§§ 113-3 through 113-27
§§ 13-54 through 13-78
§ 113-28
§§ 13-79 and 13-80
§§ 113-29 through 113-47
§§ 13-81 through 13-99
Chapter 116, Streets and Sidewalks
Part 1
L.L. No. 6-1981
2-17-1981
§ 116-1
§ 13-1
Amended 2-16-1982 by L.L. No. 2-1982
§ 116-2
§ 13-2
§ 116-3
§ 13-3
Amended 2-16-1982 by L.L. No. 2-1982
§ 116-4
§ 13-4
§ 116-5
§ 13-5
Amended 2-16-1982 by L.L. No. 2-1982
§§ 116-6 through 116-11
§§ 13-6 through 13-11
§§ 116-12 through 116-21
§§ 13-22 through 13-31
§§ 116-22 through 116-32
§§ 13-41 through 13-51
Part 2
L.L. No. 3-1981
1-6-1981
§ 116-33
§ 10-5(b)
§ 116-34
§ 10-5(a)
§ 116-35
§ 10-5(c) and (d)
Chapter 119, Taxation
Article I
L.L. No. 4-1982
10-5-1982
§ 119-1
§ 1-9
§ 119-2
§ 1-10(1)
§ 119-3
§ 1-10(2) through (4)
Article II
L.L. No. 2-1950
11-6-1950
§§ 119-4 through 119-17
(1) through (14)
Chapter 121, Taxi Service
L.L. No. 20-1981
4-21-1981
§§ 121-1 through 121-26
§§ 14-12 through 14-37
§ 121-27
§ 14-38
Amended 7-6-1982 by L.L. No. 3-1982
§§ 121-28 through 121-35
§§ 14-39 through 14-46
Chapter 124, Theaters
L.L. No. 4-1981
2-17-1981
§§ 124-1 through 124-4
§§ 9-95 through 9-98
Chapter 127, Towing Service
L.L. No. 21-1981
4-21-1981
§§ 127-1 through 127-10
§§ 14-50 through 14-59
§ 127-11
§ 14-60(a) through (f), paragraph one
§ 127-12
§ 14-60(f), paragraph two
§§ 127-13 through 127-20
§ 14-60 through 14-68
§ 127-21
§ 14-69(a) and (b)
§ 127-22
§ 14-69(c) and (d)
§ 127-23
§ 14-69(e)
§ 127-24
§ 14-69(f) and (g)
§§ 127-25 and 127-26
§§ 14-70 and 14-71
§ 127-27
§ 14-72(a) and (b)
§ 127-28
§ 14-72(c)
§ 127-29
§ 14-72(d) and (e)
§ 127-30
§ 14-72(g) and (h)
§ 127-31
§ 14-73
Chapter 131, Vehicles and Traffic
Part 1
L.L. No. 3-1981
1-6-1981
§§ 131-1 through 131-4
§§ 10-1 through 10-4
§ 131-5
§ 10-36
§ 131-6
§ 10-37(a)
§ 131-7
§ 10-37(b)
§§ 131-8 through 131-10
§§ 10-38 through 10-40
§ 131-11
§ 10-41(a)
§ 131-12
§ 10-41(b)
§§ 131-13 through 131-19
§§ 10-42 through 10-48
§§ 131-20 through 131-30
§§ 10-55 through 10-65
Part 2
L.L. No. 1-1952
11-5-1952
§§ 131-31 through 131-36
(1) through (6)
Chapter 135, Water
L.L. No. 5-1981
2-17-1981
§§ 135-1 through 135-4
§§ 15-1 through 15-4
§ 135-5
§ 15-5(a)
§ 135-6
§ 15-5(b) through (d)
§ 135-7
§ 15-5(e)
§ 135-8
§ 15-5(f)
§§ 135-9 through 135-12
§§ 15-6 through 15-9
§ 135-13
§ 15-14
§ 135-14
§ 15-13
§ 135-15
§ 15-12
§ 135-16
§ 15-11
§ 135-17
§ 15-10
A. 
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, as distributed and renumbered in § 1-2 above, 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 Hempstead 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, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.
B. 
In compiling and preparing the local laws, ordinances and certain resolutions of the Village for publication as the Code of the Village of Hempstead, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.
All local laws and ordinances of a general and permanent nature of the Village of Hempstead, in force on the date of the adoption of this local law and not contained in the Code, as distributed and designated in the table in § 1-2 hereof, or recognized and continued in force by reference herein, are hereby repealed as of the effective date of this local law, except as hereinafter provided.
The repeal of local laws and ordinances provided for in § 1-4 of this local law shall not affect the following classes of local laws, ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any local law, ordinance or resolution adopted subsequent to April 5, 1983. Local laws, ordinances and resolutions adopted subsequent to April 5, 1983, but prior to the effective date of the local law are hereby specifically continued in effect to the same extent as if referred to in § 1-2 of this local law, and such local laws, ordinances and resolutions of a Code nature shall hereafter be incorporated into the Code in such manner as is most appropriate and shall be considered as much a part of this Code as if specifically referred to in § 1-2.
B. 
Any right or liability established, accrued or incurred under any legislative provision of the Village of Hempstead prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.
C. 
An offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Hempstead or any penalty, punishment or forfeiture which may result therefrom.
D. 
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 Hempstead.
E. 
Any franchise, license, permit, right, entitlement, easement or privilege heretofore granted or conferred by the Village of Hempstead.
F. 
Any local law, ordinance or resolution of the Village of Hempstead 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 Hempstead or any portion thereof.
G. 
Any local law, ordinance or resolution of the Village of Hempstead 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 Hempstead or other instruments or evidence of the Village's indebtedness.
H. 
Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property.
I. 
Any lawful contract or obligation.
J. 
The levy or imposition of special assessments or charges, or the establishment of any fee, charge or rate for a permit, license, application or service.
K. 
The dedication of property.
L. 
Any local law, ordinance or resolution pertaining to any water, sewer, fire, lighting or other special purpose district.
M. 
Any rules, regulations, standards or specifications referred to or authorized to be adopted by any local law or ordinance included in the Code; any resolutions accepting the applicability of the State Building Construction or Fire Prevention Codes; and any bylaws relating to the organization and procedures of any Village agency.
N. 
Any local law, ordinance or resolution pertaining to the appointment of Village personnel or to the compensation, conditions of employment or benefits of Village personnel, or any other type of resolution of policy pertaining to personnel.
O. 
Any local law, ordinance or resolution relating to taxation or exemptions from taxation, whether partial or otherwise.
P. 
The Zoning Ordinance and Map of the Village of Hempstead, adopted July 12, 1955, and any amendment thereto.
Q. 
Any legislation to regulate vehicles and traffic.
R. 
Any legislation to regulate construction of buildings.
A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Hempstead and shall remain there for use and examination by the public until final action is taken on this local law, and upon adoption of this local law, such copy shall be certified to by the Village Clerk, 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.
Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and certain resolutions known collectively as the "Code of the Village of Hempstead," or any new local law, ordinance or resolution of a general and permanent nature, 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 of the Village of Hempstead 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, as to manner of adoption, of any local law, ordinance or resolution contained in said Code, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Board of Trustees deems desirable in such manner as is provided by law generally for the amendment of local laws, ordinances and resolutions.
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 Hempstead 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, ordinances 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 or local laws, ordinances or resolutions until such changes or local laws, ordinances 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 of the Village of Hempstead upon the payment of a fee to be set by resolution of the Board of Trustees, which may also arrange by resolution for procedures for the periodic supplementation thereof.
The Village Clerk of the Village of Hempstead, pursuant to law, shall cause to be published, in the manner required, a notice of the introduction and enactment of this local law in the official newspaper of the Village. A copy of the Code of the Village of Hempstead shall be maintained in the office of the Village Clerk for inspection by the public at all times during regular office hours. The enactment and application 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.
[Amended 7-7-2020 by L.L. No. 3-2020]
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Hempstead, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Hempstead to be misrepresented thereby, or who commits an offense against any other provision of this local law, shall be punishable by a fine of no less than $250 or by imprisonment for not exceeding 15 days, or by both such fine and imprisonment.
A. 
In compiling and preparing the legislation for adoption and revision as part of the Code pursuant to § 20 of the Municipal Home Rule Law, as amended, certain grammatical changes and other minor changes were made in one or more pieces of said legislation. It is the intention of the Board of Trustees of the Village of Hempstead that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
B. 
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the legislation as it has been renumbered and appears in the Code.)
(1) 
Chapter 24, Officers and Employees.
Section 24-3 (former paragraph 3 of Section 1 of L.L. No. 1-1949, adopted 3-14-1949; as amended 4-2-1954 by L.L. No. 1-1954) is hereby amended to read as follows:
"An official year begins at 12:00 noon on the first Monday in the month following the annual election and ends at 12:00 noon on the same Monday in the next calendar year. The term of office of the Inspectors of Election shall be one official year; of the Treasurer, two official years; and of a Police Justice, four calendar years, except as hereafter provided."
If any clause, sentence, paragraph, section, article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-2 hereof or of any local law, ordinance or resolution incorporated into the Code hereafter 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 or part thereof directly involved in the controversy in which such judgment shall have been rendered.
The provisions of this local law are hereby made Chapter 1, Article I, of the Code of the Village of Hempstead, to be entitled "Chapter 1, General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-1 through 1-15.
This local law shall take effect as provided by law upon filing with the Secretary of State of the State of New York.
[Adopted 4-19-1966[1]]
[1]
Editor's Note: Provisions of this article are derived from Ch. 1 of the previous codification, adopted 4-19-1966.
[Amended 7-11-1967 by C.O. No. 12; 3-20-1968 by C.O. No. 17; 11-6-1968 by C.O. No. 26]
A. 
Penalty.
[Amended 8-4-1987 by L.L. No. 4-1987; 9-17-1991 by L.L. No. 12-1991]
(1) 
Whenever in this Code or in any local law of the Village any act is prohibited or is made or declared to be unlawful or an offense or whenever in such Code or local law the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the person, firm or corporation who or which violates the same shall be guilty of a violation and shall be subject to punishment as follows:
[Amended 8-5-1997 by L.L. No. 5-1997; 12-7-1999 by L.L. No. 3-1999; 12-1-2009 by L.L. No. 8-2009; 7-7-2020 by L.L. No. 3-2020]
(a) 
First offense, by a fine not less than $100, not to exceed $2,500, or by imprisonment not exceeding 15 days, or both. Each day that any such violations shall continue or exist shall constitute a separate offense.
(b) 
For a second offense within three years after a conviction of a first offense, by a fine not less than $500, not to exceed $4,000, or by imprisonment not exceeding 15 days, or both. Each day that any such violations shall continue or exist shall constitute a separate offense.
(c) 
For a third offense within three years after a conviction of a second offense, which took place within three years after a conviction of the first offense, by a fine not less than $750, not to exceed $6,000, or by imprisonment not exceeding 15 days, or both. Each day that any such violation shall continue or exist shall constitute a separate offense.
(2) 
Each day that any violation continues shall constitute a separate offense.
(3) 
The minimum fine to be imposed for any conviction shall be $100.
[Amended 7-7-2020 by L.L. No. 3-2020]
B. 
In addition to the penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be abated by the Village as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
In all cases where the same offense may be made punishable or shall be created by different clauses or sections of the ordinances of the Village, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.
Obedience to the provisions hereinafter set forth may be enforced either by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in § 1-16, or by civil action for a penalty, or by civil remedy at law or in equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this Code. Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in or the pendency of a civil action at law or in equity, shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
[Added 1-6-1998 by L.L. No. 1-1998]
Wherever in this Code it is deemed a violation for any person, firm, corporation, partnership, owner, etc., either to perform or refrain from performing any act, such performance or refraining from the performance thereof shall also be a violation if such person or entity causes, permits, suffers or allows any other person or entity to perform such act or refrain from the performance thereof.