[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-22-2022 by L.L. No. 3-2022]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Bayville, as codified and consisting of Chapters 1 through 80 are hereby approved, adopted, and enacted as the Code of the Village of Bayville, hereinafter referred to as the "Code." 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. This local law and the Code adopted hereby shall supersede and replace the 1981 Code of the Village of Bayville, as amended and supplemented.
A.
A
copy of the Code has been filed in the office of the Village Clerk
and shall remain there for use and examination by the public until
final action is taken on this local law. Following adoption of this
local law such copy shall be certified to by the Clerk of the Village
of Bayville by impressing thereon the Seal of the Village, as provided
by law, and such certified copy shall remain on file in the office
of the Village Clerk, to be made available to persons desiring to
examine the same during all times while said Code is in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Board of Trustees to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the Village of Bayville" shall be understood and intended
to include such additions and amendments. Nothing contained in this
local law shall affect the status of any local law, ordinance or resolution
contained in the Code, and such local laws, ordinances or resolutions
may be amended, deleted or changed from time to time as the Board
of Trustees deems desirable.
In the event that notice of enactment of this local law is required
due to amendments adopted by way of this local law to zoning or land
use provisions, or is otherwise required by law, the Clerk of the
Village of Bayville shall cause notice of the enactment of this local
law to be given in the manner required by law. The notice of the enactment
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.
Each section of this local law and of the Code and every part
of each section is an independent section or part of a section, and
the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
A.
Repeal
of inconsistent enactments. All local laws and ordinances of a general
and permanent nature, or parts of such local laws or ordinances, inconsistent
with the provisions contained in the Code adopted by this local law
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Village of Bayville which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
B.
Repeal
of specific enactments. The Board of Trustees of the Village of Bayville
has determined that the following local laws and/or ordinances are
no longer in effect and hereby specifically repeals the following
legislation:
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 Bayville 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 Bayville 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
Bayville.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Bayville.
E.
Any
local law or ordinance of the Village of Bayville 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 Bayville or any portion thereof.
F.
Any
local law or ordinance of the Village of Bayville 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 Bayville 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 Village 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 March 28, 2021.
A.
In
compiling and preparing the local laws, ordinances and resolutions
for publication as the Code of the Village of Bayville, 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[1] 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.)
[1]
Editor's Note: In accordance with § 1-7B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, these histories will be replaced with the adoption date and number of this local law. Schedule A, which contains a complete description of all changes, is on file in the Village offices.
A.
Chapter
and article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
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 Incorporated Village of Bayville" or who alters
or tampers with such Code in any manner whatsoever which will cause
the legislation of the Incorporated Village of Bayville to be misrepresented
thereby shall, upon conviction of such offense, be subject to a fine
of not more than $500 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
[Adopted 8-22-2022 by L.L. No. 3-2022]
Except where the specific penalties are provided in a law of
the county, state or federal government or in a local law, ordinance,
rule or regulation of the Village for a particular offense, any person
who shall commit an offense against any provision of the Code of the
Village of Bayville or any provision of any Village local law, ordinance,
rule or regulation, including the failure to comply with conditions
of a decision of the Planning Board, Board of Appeals or Board of
Trustees, by doing any act prohibited or declared to be an offense
thereby, or by engaging in or exercising any business or occupation
or doing anything for which a license or permit is required thereby
without having a valid license or permit therefor as required, or
by failing to do any act required by any such provision, or by failing
to do any act when such provision declares such failure to be unlawful
or to be an offense, shall, upon conviction thereof, be guilty of
a violation pursuant to the Penal Law of the State of New York, punishable
by a fine not exceeding $1,000 or by imprisonment for not exceeding
15 days, or by both such fine and imprisonment.
The continuation of an offense for each successive day shall
constitute a separate violation, and the person or persons allowing
or permitting the continuation of the offense may be punished as provided
above for each separate violation.
The imposition of a penalty as provided above, or as specifically
provided in any chapter of the Code or other local law, ordinance,
rule or regulation 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 or the ordinances and local laws
of the Village of Bayville, 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.
This article shall supersede the provisions of Subdivision 1
of Village Law § 20-2006.
