[HISTORY: Adopted by the Board of Trustees of the Village of Rockville Centre as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-22-1971 by L.L. No. 1-1971 as Ch. 1, Art. I, of the 1971 Code]
In the definition of terms and construction of all ordinances hereby enacted or hereafter to be enacted the following rules shall be observed unless excluded by express provision, or when to do so would be inconsistent with manifest intent of the ordinance:
GENDER
The words of the masculine gender include the feminine and the neuter gender and may refer to a corporation, or to a board or other body or assembly of persons, and when the sense so indicates, the words of the neuter gender may refer to any gender.
HERETOFORE and HEREAFTER
Each of the terms "heretofore" and "hereafter" in any provision of the ordinance relates to the time such provision takes effect.
PERSON
Includes a corporation, an association, partnership and firm, as well as an individual, unless such extension is clearly inapplicable.
SINGULAR and PLURAL WORDS
Words in the singular number include the plural, and in the plural number include the singular.
TENSES
The words of the present tense shall include the future.
VILLAGE and VILLAGE OFFICIALS
Whenever used without modifying words or qualifications "Village" shall mean the Incorporated Village of Rockville Centre, New York, and the designation of any board, commission, committee, official or agency shall mean that of the Incorporated Village of Rockville Centre, New York. The words "Village Board" or "Board of Trustees" shall mean the Board of Trustees of the Incorporated Village of Rockville Centre.
[Amended 5-18-2009 by L.L. No. 1-2009]
A. 
Unless otherwise provided by law or by specific enactment, the penalty for each violation of any provision of this Code shall be a sum of money not exceeding $250, imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. In addition, unless otherwise provided by law or by specific enactment, a violation of any provision of this Code shall constitute an offense.
B. 
Notwithstanding the provisions of Subsection A of this section, the monetary penalty for each violation of the following provisions of this Code shall be as provided hereinafter, in the place and stead of any lesser monetary penalty provided for any such violation and in addition to any other penalty which may be provided by law:
[Amended 5-3-2010 by L.L. No. 6-2010]
Code Section
Violation
Maximum Fine
(for each day on which a violation occurs)
§ 115-1 and 115-14
Violation of Code or New York State Uniform Fire Prevention and Building Code or International Building Code
$1,500
§ 115-8
Alteration without permit
$750
§ 115-12
Stop-work order
$1,000
§ 115-15
Unlicensed plumber
$750
§ 115-23(b)
Failure to obey
$1,500
§ 132-2
Dangerous buildings
$1,500
§ 160-1
Unlicensed electrician
$750
Chapter 212
Illicit discharge into storm sewer; other violations of chapter
Not less than $500, nor more than $1,000, for the first violation in a six-month period; not less than $1,000, nor more than $2,500, for each subsequent violation within six months
Chapter 219
Landscape/gardeners
$350, except $500 for violations of 219-8(C)
§ 247-8
Indecent acts, displays or signs
$750
Chapter 261
Property maintenance
$350
§ 283-5
Depositing material on property without permit – for all dumpsters, scaffolding, piles of bricks or dirt
$900
§ 283-11
Litter – all garbage and debris
$350
§ 283-21
Garbage out at improper hours or uncovered
$350 for two-family residential properties; $750 for all other properties other than one-family residential properties
§ 283-37
Unlicensed private waste hauler
$900
§ 287-1
Sidewalk work without permit
$400
§ 287-25 and 26
Road opening without permit
$1,500
§ 291-1
Improper swimming pool – permit or fencing
$1,000
§ 335-9
Commercial signs without permit
$400
§ 335-11
No posting bills
$350
§ 335-15
Improper real estate sign – permit, location
$250
[Adopted 3-10-2003 by L.L. No. 5-2003[1]]
[1]
Editor's Note: This local law was originally adopted as Art. I, §§ 1-1 through 1-13, but was redesignated as Art. II, §§ 1-3 through 1-15, to maintain the style of the Code.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Village of Rockville Centre, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 340, together with an Appendix, shall be known collectively as the "Code of the Village of Rockville Centre," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Village of Rockville Centre" to any other local law or ordinance 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 or ordinance 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 ordinances in force immediately prior to the enactment of the Code by this local law are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. 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 Rockville Centre, 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 § 1-5 below.
All local laws and ordinances of a general and permanent nature of the Village of Rockville Centre 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 § 1-5 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 Rockville Centre 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 Rockville Centre 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 Rockville Centre.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Rockville Centre.
E. 
Any local law or ordinance of the Village of Rockville Centre 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 Rockville Centre or any portion thereof.
F. 
Any local law or ordinance of the Village of Rockville Centre 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 Rockville Centre 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, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any local law or ordinance relating to salaries and compensation.
K. 
Any local law or ordinance amending the Zoning Map.
L. 
Any local law or ordinance relating to or establishing a pension plan or pension fund for municipal employees.
M. 
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.
N. 
Any local law adopted subsequent to 10-21-2002.
If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law or ordinance 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 Rockville Centre 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 Rockville Centre by impressing thereon the Seal of the Village of Rockville Centre, 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 ordinances known collectively as the "Code of the Village of Rockville Centre" 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 ordinance contained herein, and such local laws or ordinances 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 Rockville Centre 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 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, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Rockville Centre or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Rockville Centre 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 and ordinances for publication as the Code of the Village of Rockville Centre, no changes in the meaning or intent of such local laws and ordinances have been made, except as provided for in Subsection B hereof.[1] 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 and ordinances had been previously formally amended to read as such.
[1]
Editor's Note: No substantive changes were made in the compilation and preparation of the Code, hence there is no Subsection B.
The provisions of this local law are hereby made Article II of Chapter 1 of the Code of the Village of Rockville Centre, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ 1-3 to 1-15, inclusive.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.