[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill: Art. I, 1-7-1985 as L.L. No. 1-1985. Amendments noted where applicable.]
[Adopted 1-7-1985 as L.L. No. 1-1985]
The local laws, ordinances and certain resolutions of the Village of Fishkill, referred to in Subsection B of this section, shall be known collectively as the "Code of the Village of Fishkill," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in Subsection B of this section.
Distribution of local laws, ordinances and resolutions.
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 § 1-1 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 Fishkill, and it is the intention of said Board of Trustees 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Fishkill in force on the date of 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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:
Any right or liability established, accrued or incurred under any legislative provision of the Village of Fishkill prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability.
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 Fishkill or any penalty, punishment or forfeiture which may result therefrom.
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 Fishkill.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Fishkill.
Any local law, ordinance or resolution of the Village of Fishkill 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, or any portion thereof.
Any ordinance or resolution of the Village of Fishkill 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 Fishkill or other instruments or evidence of the village's indebtedness.
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any local laws or ordinances relating to salaries, providing for employee benefits, establishing policies pertaining to personnel or making appointments.
Any local law or ordinance adopted after February 13, 1984.
In compiling and preparing the local laws, ordinances and certain resolutions of the village for publication as the "Code of the Village of Fishkill," as distributed and designated in the table in § 1-1B hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.
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 § 1-1B hereof 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.
A copy of the Code in loose-leaf form has been filed in the office of the Clerk of the Village of Fishkill 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 to by the Clerk of the Village of Fishkill by impressing thereon the Seal of the Village of Fishkill and such certified copy shall remain on file in the office of said Clerk to be made available to persons desiring to examine the same during all times while the said Code is in effect. 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.
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 Fishkill" or any new local laws, ordinances 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 the 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 any such local law, ordinance or resolution 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 Fishkill required to be filed in the office of said 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 of Trustees 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 or resolutions until such changes or 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 Clerk of the Village of Fishkill 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 Fishkill, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Fishkill 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 to imprisonment for a term of not more than 15 days, or to both.
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 are made in one or more pieces of said legislation. It is the intention of the Board of Trustees of the Village of Fishkill that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such.
In addition, the following revision is made herewith, to become effective upon the effective date of this local law. The section number reference is to the legislation as it has been renumbered and appears in the Code.
This local law shall take effect in accordance with law upon filing with the Secretary of State of the State of New York.