ARTICLE
20—ADOPTION, PROOF AND ENFORCEMENT OF ORDINANCES
|
§ 20-2000
Ordinance power
|
1. Wherever
reference is made in the Village Law of the State of New York to the
adoption of local laws, such term shall also include the power to
act by ordinance in order to carry out the powers and duties granted
to the village.
|
2. For
the purposes of this Article, whenever reference is made to the powers
and procedures for the adoption, proof or enforcement of ordinances,
such powers and procedures shall also be applicable to the amendment
or repeal of existing ordinances.
|
3. For
the purposes of this Article, a village ordinance shall also include
a rule, bylaw, order or regulation of the Board of Trustees, or a
rule, bylaw, order or regulation proposed by any separate board, commission
or agency thereof and adopted by the Board of Trustees, for the violation
of which a penalty is imposed therein, and each provision of this
Article relating to ordinances applies to such a rule, bylaw, order
or regulation.
|
§ 20-2002
Procedure for adoption of ordinances
|
Every ordinance
hereafter adopted by the Board of Trustees shall be adopted in the
following manner:
|
1. The
ordinance shall be introduced at a regular or special meeting of the
Board of Trustees by a member thereof.
|
2. Upon
a majority vote of the Board of Trustees, the Village Clerk shall
give notice of a public hearing thereupon:
|
(a) By
the publication of a notice in the official newspaper of the village,
or if no official newspaper has been designated, in a newspaper of
general circulation in the village; or
|
(b) By
the posting of a notice in at least four public places in the village,
|
specifying the time when and the place where
such hearing will be held and the title and a brief description of
the proposed ordinance to be adopted. Such notice shall be published
once or posted at least seven days prior to the day specified for
such hearing.
|
3. After
the public hearing and at a regular or special meeting of the Board
of Trustees, such ordinance may be adopted upon a majority vote of
the entire membership of the Board of Trustees.
|
§ 20-2004
|
When ordinances, traffic orders, rules
or regulations take effect
|
1. Ordinances.
Every ordinance hereafter adopted by the Board of Trustees shall be
entered in its minutes and a copy thereof filed in the office of the
Village Clerk, and the title and a brief description of such ordinance
shall be published in the official newspaper of the village or, if
no official newspaper has been designated, in a newspaper of general
circulation in the village, once before any such ordinance shall take
effect, and an affidavit of such filing and publication shall be filed
with the Village Clerk. Any such ordinance shall take effect from
the date of its service as against a person served personally with
a copy thereof, certified by the Village Clerk under the corporate
seal of the village and showing the date of its adoption and entry
in the minutes.
|
2. Traffic
orders, rules or regulations.
|
(a) In
the event the Board of Trustees adopts any order, rule or regulation
pursuant to the authority of the Vehicle and Traffic Law of the State
of New York or delegates any powers granted to such village by the
Vehicle and Traffic Law to any official, board or agency of such village
as authorized by § 1603 of the Vehicle and Traffic Law,
any orders, rules or regulations adopted by the Board of Trustees,
official, board or agency shall take effect immediately upon adoption,
subject to the limitations imposed by § 1684 of the Vehicle
and Traffic Law, without notice or hearing, provided that traffic
control devices complying with the manual and specifications thereof
as adopted by the New York State Department of Transportation are
placed and maintained as shall be deemed necessary to indicate and
carry out the provisions of such orders, rules or regulations as required
by § 1682 of the Vehicle and Traffic Law
|
(b) No
order, rule or regulation heretofore adopted by the Board of Trustees
or by any official, board or agency as authorized by the provisions
of § 1603 of the Vehicle and Traffic Law shall be deemed
invalid or ineffective solely because such order was adopted without
notice or hearing.
|
§ 20-2006
|
Adoption by Board of Trustees of rules,
bylaws and regulations of separate board, commissions or agencies
|
A rule, bylaw
or regulation proposed by any separate board, commission or agency
for the violation of which a penalty is imposed must be adopted by
the Board of Trustees before such penalty is enforceable. Such a rule,
bylaw or regulation must be submitted to the Board of Trustees, and
upon its adoption becomes a rule, bylaw or regulation of the village.
The procedures for adoption by the Board of Trustees shall be as required
by § 20-2002 of this Article.
|
§ 20-2008
Proof of ordinance
|
The certificate
of the Village Clerk setting forth that the records of the Village
show the adoption of one or more ordinances and the filing of a copy
thereof in the office of the Village Clerk and publishing of the title
and a brief description thereof, as required by § 20-2004(1)
of this Article, shall be presumptive evidence of such adoption, filing
and publication in any action or special proceeding in any court or
otherwise.
|
§ 20-2010
Enforcement
|
1. The
violation of any existing ordinance or any ordinance adopted pursuant
to this Article shall be deemed a violation of this Article.
|
2. Unless
otherwise provided by law, the penalty for each violation of this
Article shall be a sum of money not exceeding $250. In addition thereto,
a violation of the same shall constitute and is hereby declared to
be disorderly conduct and any person violating the same shall be and
is hereby declared to be a disorderly person. In all cases a violation
of this Article may be enforced by injunction.
|
3. Upon
the adoption of a resolution by the Board of Trustees authorizing
the Village Attorney or an attorney other than the one regularly employed
to prosecute a violator of a village ordinance or a person accused
of committing any offense, infraction or criminal act within the village
and provided the village or an attorney other than the one regularly
employed is designated as an assistant district attorney, as provided
by law, to prosecute in the name of the people of the State of New
York the violator of a village ordinance or a person accused of committing
any offense, infraction or criminal act within the village, the Board
of Trustees may pay a reasonable compensation to such Village Attorney
or an attorney other than the one regularly employed therefor.
|
2. Every
zoning ordinance or zoning law and every amendment to a zoning ordinance
or zoning law (including any map incorporated therein) adopted pursuant
to the provisions of this Article shall be entered in the minutes
of the Village Board and a copy thereof (including any map incorporated
therein) shall be filed in the office of the Village Clerk and the
title and a brief description of such ordinance, law or map shall
be published in the official newspaper of the village or, if no official
newspaper has been designated, in a newspaper of general circulation
in the village, once before any such ordinance or law shall take effect,
and an affidavit of such filing and publication shall be filed with
the Village Clerk. Such ordinance or law or amendment thereto shall
take effect upon the filing with the Village Clerk of such affidavit,
but such ordinance or law or amendment thereto shall take effect from
the date of its service as against a person served personally with
a copy thereof, certified by the Village Clerk and showing the date
of its passage and entry in the minutes.
|