[HISTORY: Adopted by the Board of Trustees
of the Village of Elmsford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-6-2000 by L.L. No. 7-2000]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Elmsford, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 335, together with an Appendix, shall be known collectively as the "Code of the Village of Elmsford," 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 Elmsford" 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 Elmsford, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Elmsford 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and continued in force by reference therein are hereby repealed from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 Elmsford 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 Elmsford 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 Elmsford.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Village of Elmsford.
E.
Any local law or ordinance of the Village of Elmsford
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 Elmsford or any portion
thereof.
F.
Any local law or ordinance of the Village of Elmsford
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 Elmsford 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 11-3-1999.
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 Elmsford
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 Elmsford by impressing thereon the Seal of the Village
of Elmsford, 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 Elmsford" 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 Elmsford 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, 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 Elmsford or who alters or
tampers with such Code in any manner whatsoever which will cause the
legislation of the Village of Elmsford 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, ordinances and resolutions for publication as the Code of the Village of Elmsford, 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 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 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,
ordinances and resolutions as they have been renumbered and appear
in the Code.)
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
[Adopted 4-10-2023 by L.L. No. 2-2023]
The Village of Elmsford recognizes the importance of the public;s
right to witness and otherwise observe the governmental process of
debate, deliberation and decision-making and commits to facilitating
the public’s ability to access meetings at which Village business
is conducted.
Except as may be otherwise authorized by federal, state or local
emergency order, all meetings convened by the Village’s public
bodies for the purpose of conducting the public business of the Village
of Elmsford shall comply with provisions of NYS Public Officers Law
Article 7, known as the "Open Meetings Law." The terms "meeting" and
"public body" referenced in this article shall be ascribed with the
same meanings as set forth in the Open Meetings Law.
A.
The Village
shall employ and permit the use of available technology to the extent
mandated by and in compliance with provisions of the Open Meetings
Law for notifications, broadcast, transmission, recording or participation
at meetings convened for the purpose of conducting the Village's business.
B.
Without
limiting the right, authority or ability of the Village to utilize
available technology, the Village chooses to exercise the discretion
set forth in Open Meetings Law § 103-a and permit the use
of video-conferencing to conduct meetings of the Village’s public
bodies.
(1)
In accordance
with Open Meetings Law § 103-a, members of any Village public
body shall have the right to participate remotely in a public meeting
with the use of video-conferencing technology when the member experiences
an extraordinary circumstance which precludes that member from attending
in-person, provided that:
(a)
Such
extraordinary circumstance consists of a significant or unexpected
factor or event which precludes the member's physical attendance,
including but not limited to circumstances involving caregiving responsibilities,
disability, illness, health condition, or other significant or unexpected
factor or event; and
(b)
Such
member provides notice of such extraordinary circumstances in accordance
with procedural requirements as established by the Village.
C.
The Village
Board of Trustees shall promulgate and adopt by resolution written
procedures, which may be amended from time to time, for the conduct
of any meeting which involves participation by a member exercising
the right to participate remotely under Open Meetings Law § 103-a.
