[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-4-2009 by L.L. No. 1-2009]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Brewster, as codified by General Code, and consisting of Chapters 1 through 263, together with an Appendix, shall be known collectively as the “Code of the Village of Brewster,” 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 Brewster” 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 Brewster, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Brewster 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and continued in force by reference therein are hereby repealed from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 Brewster 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 Brewster 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 Brewster.
D.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Village of Brewster.
E.
Any local law or ordinance of the Village of Brewster
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 Brewster or any portion
thereof.
F.
Any local law or ordinance of the Village of Brewster
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 Brewster 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, and any legislation establishing personnel policies
for the Village.
K.
Any local law or ordinance relating to or establishing
a pension plan or pension fund for municipal employees.
L.
Any local law or ordinance amending the Zoning Map.
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, except where subsequently set
by resolution.
N.
Any local law or ordinance or portion of a local law
or ordinance establishing a specific fine amount for certain violations
(distinct from penalty provisions), until subsequently set by resolution.
O.
Any local law adopted subsequent to March 31, 2007.
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 Brewster
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 Brewster by impressing thereon the Seal of the Village
of Brewster, 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 Brewster”
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 Brewster 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 alters or tampers with the Code
of the Village of Brewster in any manner whatsoever which will cause
the legislation of the Village of Brewster 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 Brewster, 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.)[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 Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 3-4-2009 by L.L. No. 1-2009.” Schedule A, which contains a complete description of all changes, is on file in the Village offices.
C.
Nomenclature.
(1)
Throughout the Code, the following terminology is
hereby updated as indicated:
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From
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To
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Board of Appeals
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Zoning Board of Appeals
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Constable
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Brewster Police Department
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Master Plan
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Comprehensive Plan
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Meter Reader
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Brewster Police Department
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Parking Violations Officer
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Parking Enforcement Officer
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Village Board, Trustees, or similar references
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Village of Brewster Board of Trustees
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This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.
