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[HISTORY: Adopted by the Board of Trustees of the Village of the Branch as indicated in article histories. Amendments noted where applicable.]

[Adopted 4-14-2020 by L.L. No. 2-2020 ]

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of the Branch, as codified by General Code, and consisting of Chapters 1 through 275 , together with an Appendix, shall be known collectively as the "Code of the Village of the Branch," 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 the Branch" 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 or resolution had been formally amended to so read.

The provisions of the Code, insofar as they are substantively the same as those of the 1973 Code and the 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 the Branch, and it is the intention of said Board of Trustees that each such provision contained within the Code is hereby reaffirmed as it appears in said Co...

A. Repeal of inconsistent enactments. Except as provided in § 1-4 , Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-14 ; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of the Branch 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 the Branch has determined that the following local laws and/or or...

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 the Branch 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 the Branch or any penalty, punishment or forfeiture which may result therefrom. C. Any prosecution, indictment, action, suit or other proceeding pending or...

In addition to any civil penalties, fees, or fines specifically provided in the existing penalties, fees, or fines schedule of the Incorporated Village of the Branch then in effect in connection with any chapter of this Code for a violation of any of the provisions thereof or for the abatement of the same, and except where a criminal or quasi-criminal penalty shall be specifically set forth in any chapter of this Code for violation of any of the provisions thereof, any person, partnership, firm, or corporation who shall violate any of the provisions of this Code shall be guilty of a violation and shall, upon conviction by a court of competent jurisdiction, be sentenced to a term of imprisonment not to exceed 15 days and/or a fine not to exceed $500 in the...

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 the Branch 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 the Branch by impressing thereon the Seal of the Village of the Branch, 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 ...

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 the Branch" or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the Village 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 contain...

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 the Branch 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 of Trustees 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 the Branch in any manner whatsoever which will cause the legislation of the Village of the Branch 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 the Branch, 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 [1] attached hereto and made a part hereof are made herewith, to become effe...

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of the Branch, 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 1-14 , inclusive.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

[HISTORY: Adopted by the Board of Trustees of the Village of the Branch as Ch. 22 of the 1973 Code. Amendments noted where applicable.]

[Amended 9-10-1974 by L.L. No. 9-1974 ; 2-12-1985 by L.L. No. 1-1985 ; 3-11-1986 by L.L. No. 1-1986 ; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)] Notwithstanding any provisions of the Uniform District Court Act, the following officials, officers, employees and personnel of the Incorporated Village of the Branch shall have the power to issue and to serve, within the Incorporated Village of the Branch, summonses in cases arising in connection with the performance of their duties. Such service shall have the same force and effect as if served by a peace officer without its being served by a peace officer: A. The Building Inspector. B. The Deputy Building Inspector. C. The Smithtown Fire Inspector. D. Smithtown Public Safety/Code Enfo...

[Amended 3-11-1986 by L.L. No. 1-1986 ] A summons issued and served pursuant to this chapter shall be returnable in the Justice Court of the Incorporated Village of the Branch and shall be substantially in the following form: Summons Dated at the Incorporated Village of the Branch, Town of Smithtown State of New York, ____________________, 20_____ To: NAME ADDRESS YOU ARE HEREBY SUMMONED to appear before the Justice Court of the Incorporated Village of the Branch, in the Community Room (downstairs) of the Smithtown Library, 1 North Country Road, Smithtown, New York 11787, on _________________, 20_____, at _______ o'clock to answer charges regarding a claimed violation of of the Incorporated Village of the Branch. (Herein insert name of official or person ...