[Adopted 6-27-2022 by L.L. No. 3-2022]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws of the Village of Churchville, as codified and consisting of Chapters
1 through
250, are hereby approved, adopted and enacted as the Code of the Village of Churchville, hereinafter referred to as the "Code." 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. This local law and the Code adopted hereby shall supersede and replace the 1984 Code of the Village of Churchville, as amended and supplemented.
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 Churchville 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.
Repeal of inconsistent enactments. All local laws of a general
and permanent nature, or parts of such local laws, 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hereby repealed; provided, however, that such repeal shall only be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 Churchville which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
The repeal of local laws provided for in §
1-5 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 Churchville 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 Churchville 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
Churchville.
D. Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Churchville.
E. Any
local law of the Village of Churchville 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 Churchville or any portion thereof.
F. Any
local law of the Village of Churchville 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 Churchville
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 amending the Zoning Map.
L. Any
local law relating to or establishing a pension plan or pension fund
for Village 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 December 31, 2021.
Any person who alters or tampers with the Code of the Village of Churchville in any manner whatsoever which will cause the legislation of the Village of Churchville 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 penalty as set forth in Chapter
1, Article
II, of the Code.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
[Adopted 12-1-1986 by L.L. No. 1-1986 (Ch. 1, Art. III, of the 1984 Code)]
Unless otherwise specifically provided for in any chapter of
the Code of the Village of Churchville, any person committing an offense
against any provision of the Code of the Village of Churchville shall,
upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding $250
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment.
Unless otherwise indicated within a chapter of the Code of the
Village of Churchville, the continuation of any offense against the
provisions of this Code shall constitute, for each day the offense
is continued, a separate and distinct offense.