[HISTORY: Adopted by the Board of Trustees of the Village of Sagaponack
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-14-2008 by L.L. No. 2-2008]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws of the Village of Sagaponack, as codified by General Code, and consisting of Chapters 1 through 245, shall be known collectively as the "Code of the Village of Sagaponack," hereafter termed the "Code." Wherever reference is made in any of the local laws contained in the Code of the Village of Sagaponack to any other local law 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 had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law. 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 Sagaponack, 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 Only such provisions of former local laws as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Sagaponack
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repealed from and after the effective date of this local law.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 Sagaponack 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 Sagaponack 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 Sagaponack.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the Village
of Sagaponack.
E.
Any local law of the Village of Sagaponack 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 Sagaponack or any portion thereof.
F.
Any local law of the Village of Sagaponack 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 Sagaponack
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 adopting or amending the Zoning Map or
Comprehensive Plan.
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 11-12-2007.
If any clause, sentence, paragraph, section, article, chapter or part
of this local law or of any local law 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 has been filed in the office of the Village Clerk
of the Village of Sagaponack 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 Sagaponack by impressing thereon the Seal of the Village
of Sagaponack, 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 known collectively as the "Code of the Village of Sagaponack"
or any new local laws, 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 included in said Code
as amendments and supplements thereto. Nothing contained in this local law
shall affect the status of any local law contained herein, and such local
laws 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 Code of the Village of Sagaponack required to be filed in the
office of the Village Clerk for use by the public.
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 Sagaponack
in any manner whatsoever which will cause the legislation of the Village of
Sagaponack 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.
A.
In compiling and preparing the local laws for publication as the Code of the Village of Sagaponack, no changes in the meaning or intent of such local laws have been made, except as provided for in Subsection B hereof. 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 had been previously formally amended to read as such.
B.
The amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become effective
upon the effective date of this local law. (Chapter and section number references
are to the local laws as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-14-2008 by L.L. No. 2-2008." Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
