[HISTORY: Adopted by the Board of Trustees
of the Village of Thomaston as indicated in article histories. Subsequent
amendments noted where applicable.]
[Adopted 9-27-1994 as L.L. No. 13-1994]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Thomaston, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 203, together with an Appendix, shall be known collectively as the "Code of the Village of Thomaston," 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 Thomaston" 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 Thomaston, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and
permanent nature of the Village of Thomaston 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repealed from and after the effective date of this local law.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 § 1-3 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 Thomaston 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 Thomaston 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 Thomaston.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Thomaston.
E.
Any local law or ordinance of the Village of Thomaston
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 Thomaston or any
portion thereof.
F.
Any local law or ordinance of the Village of Thomaston
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 Thomaston 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 or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
Any legislation adopted subsequent to May 11, 1994.
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 Thomaston
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 Thomaston by impressing thereon the Seal of the Village
of Thomaston, 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 Thomaston" 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 Thomaston 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 may be purchased from the
Village Clerk of the Village of Thomaston upon the payment of a fee
to be set by resolution of the Board of Trustees, which Board may
also arrange by resolution for procedures for the periodic supplementation
thereof.
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 Thomaston or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the Village of Thomaston 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 two hundred fifty dollars ($250.) or imprisonment
for a term of not more than fifteen (15) days, or both.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Thomaston, 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 (1) 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.
B.
In addition, the following amendments and/or additions
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.)[1]
[1]
Editor's Note: Pursuant to § 1-11B, the following chapters and sections were added or amended: §§ 52-2, 54-7, 59-5, 59-8, 59-13, 59-17, 63-7, 63-8, 84-12A, 86-2, 88-3, 94-2, 110-4, 126-7, 126-9, 126-12, 131-4, 140-6, 153-4, 163-5, 169-2, 169-7, 173-8, 173-10, 173-12, 173-15, 180-1 and 180-2, Ch. 182, §§ 190-7A, 203-16, 203-25, 203-34, 203-43, 203-56F(3), 203-108C and 203-118. The following section was deleted: § 70-2 of the 1980 Code. In addition, gender-specific terms throughout the Code (such as "he" and "his") were replaced by their gender-neutral counterparts (such as "he or she" and "his or her").
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
[Adopted 7-14-1980 by L.L. No. 19-1980
as Ch. 1, Art. II, of the 1980 Code]
A.
Except where expressly provided otherwise in this
Code, for any and every violation of the provisions of this Code,
every person who commits, takes part or assists in such violation
and, with respect to any violation involving the ownership, use or
occupancy of any building or premises, the owner, general agent or
contractor of a building or premises where such violation has been
committed or shall exist and the lessee or tenant of an entire building
or entire premises where such violation has been committed or shall
exist and the owner, general agent, contractor, lessee or tenant of
any part of a building or premises in which such violation has been
committed or shall exist shall be punishable as follows:
[Amended 10-12-1987 by L.L. No. 5-1987; 3-10-2008 by L.L. No. 1-2008]
(1)
For a conviction of a first offense, by a fine not
exceeding $500 or imprisonment for a period not to exceed five days,
or both such fine and imprisonment.
(2)
For a conviction of a second offense, both of which
were committed within a period of five years, by a fine not less than
$1,000 and not exceeding $2,000 or by imprisonment for a period not
to exceed 10 days, or both such fine and imprisonment.
(3)
For a conviction of a third or subsequent offense,
all of which were committed within a period of five years, by a fine
not less than $2,000 and not exceeding $5,000 or by imprisonment for
a period not to exceed 15 days, or by both such fine and imprisonment.
B.
Notwithstanding anything to the contrary contained
in this Code, minimum fines as stated hereafter are hereby established
for the stated violations of this Code or of the New York State Vehicle
and Traffic Law:
[Added 5-14-1984 by L.L. No. 2-1984]
(1)
A fine of not less than ten dollars ($10.) for illegal
overtime parking, restrictive parking, improper parking, parking the
left side of the vehicle to the curb, overnight parking, parking on
a public sidewalk and parking in a front yard and for a failure to
obtain or display an unexpired, valid registration or inspection certificate
or sticker or tag as required by said state law.
(2)
A fine of not less than twenty dollars ($20.) for
illegal parking at a fire hydrant or illegally blocking a driveway.
(3)
A fine of not less than twenty-five dollars ($25.)
for illegal double parking.
(4)
A fine of not less than fifteen dollars ($15.) for
all other parking violations and other violations under the Code of
the Village of Thomaston.
The continuation of an offense, unlawful act
or prohibited act for each successive day shall constitute a separate
violation, and the person or persons allowing or permitting the continuation
of the offense, unlawful act or prohibited act may be punished as
provided in this Article for each such separate violation.
The imposition of a penalty as provided above,
or as specifically provided in any chapter of the Code of the Village
of Thomaston or other ordinance or local law of the village, shall
be in addition to any injunctive or remedial relief or any civil penalty
which is authorized under the laws of the State of New York, with
the same force and effect as though provided for herein. Such penalty
shall not be deemed to be in lieu of any provision for revocation
or suspension of any license or permit.
[Added 3-10-2008 by L.L. No. 1-2008]
A.
In addition to any penalties which may be provided
for any violation of the Village Code or any other penalties provided
by law, the Village Attorney is authorized to institute legal proceedings
for appropriate civil relief, including equitable relief, and civil
penalties not to exceed $250 for each day or part thereof on which
any such violation occurs or continues.
B.
Any such civil penalties awarded by a court of appropriate
jurisdiction shall be a lien upon the property of any person against
whom such penalties are awarded, in the same manner as applicable
to liens for unpaid real property taxes.
C.
In any such civil action, the court may award the
Village its reasonable attorneys' fees and expenses of such action.
[Added 11-27-1990 by L.L. No. 12-1990]
A.
Upon the receipt of information which may indicate
the existence of a violation of any provision of this Code, the Mayor
or Board of Trustees may direct that any person who may be committing
such violation or the owner or occupant of any property on which such
violation is alleged to exist, or both of them, appear before the
Board of Trustees on a specified date at a specified time to show
cause why it should not be determined that such violation exists and/or
why the provisions of this section should not be applied as a remedy
to such violation. Any such notice shall be delivered to such person
by personal delivery or by regular mail and shall specify the date,
time and place where such person is to appear before the Board of
Trustees and shall contain a description of the alleged violation
sufficient to inform such person of the nature of the allegations.
Such notice shall also inform each such person that the appearance
before the Board of Trustees is pursuant to this section and that,
upon the conclusion of any presentation in connection with the alleged
violation, the Board of Trustees may elect the remedies provided in
this section.
B.
At the date, time and place specified in such notice
or at any subsequent adjourned meeting, the Board of Trustees shall
present to any person present in response to such notice the allegations
concerning the alleged violation and shall hear the responses of each
such person to such allegations.
C.
If, after hearing such responses, the Board of Trustees
determines that a violation of any provision of this Code has occurred
substantially as alleged, the Board of Trustees may elect one (1)
or more of the remedies provided in this section, which remedies shall
be in addition to any other remedy or penalty provided for any violation
of any provision of this Code.
D.
The remedies permitted by this section are:
(1)
A written order to the owner or occupant of the property where such violation is found to exist or to any person found to be committing such violation, or all of them, specifying a date and/or time by which such violation must be cured, discontinued or terminated. Such written order shall notify the person to whom it is directed that in the event of noncompliance, the Board of Trustees may elect the additional remedy provided in Subsection D(2) of this section, without further notice.
(2)
A determination by the Board of Trustees to take or
direct such action as the Board may determine to be necessary to cure,
discontinue or terminate the violation, in which event the cost of
any such action shall be borne or reimbursed by the owner of the property
upon which the violation is found to exist. Such costs shall be a
lien upon such property until paid or otherwise satisfied or discharged
and shall be collected in the same manner as if said costs were a
tax upon real property.
E.
In the event that the Board of Trustees elects the remedy described in Subsection D(1) of this section and the person or persons to whom such notice is directed fails to cure, terminate or discontinue said violation in accordance with the terms of that notice, the Board of Trustees may, without further notice, elect the additional remedy described in Subsection D(2) of this section.
F.
Any determination by the Board of Trustees to elect
any remedy provided by this section shall be reviewable in a proceeding
instituted pursuant to Article 78 of the Civil Practice Law and Rules.
