[Adopted 3-14-2006 by L.L. No. 1-2006]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of East Aurora, as codified by General Code Publishers Corp., and consisting of Chapters
1 through
285, together with an Appendix, shall be known collectively as the “Code of the Village of East Aurora,” 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 East Aurora” 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 Village Board of the Village of East Aurora, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §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 East Aurora 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repealed from and after the effective date of this local law.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 East Aurora 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 East Aurora 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 East Aurora.
D. Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by the
Village of East Aurora.
E. Any local law or ordinance of the Village of East
Aurora 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 East Aurora
or any portion thereof.
F. Any local law or ordinance of the Village of East
Aurora 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 East Aurora 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 9-20-2005.
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.
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 East Aurora”
or any new local laws, ordinances or resolutions, when enacted or
adopted in such form as to indicate the intention of the Village Board
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 Village Board
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 East Aurora 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, ordinances and resolutions adopted by the Village
Board 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, ordinances or resolutions
until such changes, local laws, ordinances 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 Village Board. 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 East Aurora in any manner whatsoever which will
cause the legislation of the Village of East Aurora 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.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of the Village of East Aurora, such local law to be entitled “General Provisions, Article
I, Adoption of Code,” and the sections of this local law shall be numbered §§
1-1 to
1-12, inclusive.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.