Chapter 1
GENERAL PROVISIONS
[HISTORY: Adopted
by the Board of Trustees as indicated in article histories. Amendments noted
where applicable.]
ARTICLE I
Adoption
of Code
[Adopted
5-3-2004 by L.L. No. 1-2004]
§ 1-1. Legislative intent.
In accordance with
Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws,
ordinances and certain resolutions of the Village of Plandome Heights, as
codified by General Code Publishers Corp., and consisting of Chapters 1 through
140, together with an Appendix, shall be known collectively as the “Code of the
Village of Plandome Heights,” 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 Plandome Heights” 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.
§ 1-2. Continuation of existing provisions.
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 Plandome Heights, 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ordinances as are omitted from this Code shall be deemed repealed or abrogated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.
§ 1-3. Repeal of enactments not included in Code.
All local laws and
ordinances of a general and permanent nature of the Village of Plandome Heights
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repealed from and after the effective date of this local law.
§ 1-4. Enactments saved from repeal; matters not
affected.
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 Plandome Heights 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
Plandome Heights 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 Plandome
Heights.
D. Any agreement entered into or any franchise, license, right,
easement or privilege heretofore granted or conferred by the Village of
Plandome Heights.
E. Any local law or ordinance of the Village of Plandome Heights
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 Plandome Heights or any portion thereof.
F. Any local law or ordinance of the Village of Plandome Heights
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 Plandome Heights 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 municipal 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 2-15-2003.
§ 1-5. Severability.
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.
§ 1-6. Copy of Code on file.
A copy of the Code, in
loose-leaf form, has been filed in the office of the Village Clerk of the
Village of Plandome Heights 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 Plandome Heights by impressing thereon the Seal of the Village of Plandome
Heights, 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.
§ 1-7. Amendments to Code.
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 Plandome Heights”
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.
§ 1-8. Code book to be kept up-to-date.
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 Plandome Heights 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.
§ 1-9.
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.
§ 1-10. Penalties for tampering with Code.
Any person who, without
authorization from the Village Clerk, changes or amends, by additions or
deletions, any part or portion of the Code of the Village of Plandome Heights
or who alters or tampers with such Code in any manner whatsoever which will
cause the legislation of the Village of Plandome Heights 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.
§ 1-11. Changes in previously adopted legislation; new
provisions.
A. In compiling and preparing the local laws, ordinances and
resolutions for publication as the Code of the Village of Plandome Heights, 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[1]
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.)
§ 1-12. Incorporation of provisions into Code.
The provisions of this
local law are hereby made Article I of Chapter 1 of the Code of the Village of
Plandome Heights, 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 1-13, inclusive.
§ 1-13. When effective.
This local law shall take effect
immediately upon filing with the Secretary of State of the State of
ARTICLE II
Fees
[Adopted
5-3-2004 by L.L. No. 1-2004]
§ 1-14. Schedule of Fees and Payments.
The Board of Trustees
shall establish and amend by resolution a Schedule of Fees and Payments for all
items for which the Village charges a fee or is entitled to payment. The
Schedule shall be maintained in the Village Clerk's office and is hereby
declared to be a part of this Code.
ARTICLE III
General
Penalty
[Adopted
5-3-2004 by L.L. No. 1-2004]
§ 1-15. Penalties for offenses.
Except where specifically
provided elsewhere, any person who shall violate any provision of the Code of
the Village of Plandome Heights shall be punishable for each day said violation
continues by a fine of not more than $250 or imprisonment for a period not to
exceed 15 days, or both such fine and imprisonment.
ARTICLE IV
Boards
[Adopted
5-3-2004 by L.L. No. 1-2004]
§ 1-16. Number of members.
Each appointed board of
the Village shall consist of 5 members and up to 2 alternate members, appointed
by the Mayor and subject to the approval of the Board of Trustees.
§ 1-17. Terms of office.
The appointment of members
to each board shall be of terms so fixed that 1 member's term shall expire at
the end of the Village official year in which such members were initially
appointed, and the remaining members' terms shall be so fixed that 1 member's
term shall expire at the end of each official year thereafter. At the
expiration of each original member's appointment, the reappointed member or the
replacement member shall be appointed for a 5-year term. The alternate members
shall be appointed for a 1-year term.
ARTICLE V
Residency
of Clerk, Deputy Clerk and Treasurer
[Adopted
1-10-2005 by L.L. No. 1-2005]
§ 1-18. Residency requirements.
The Village Clerk, the
Deputy Village Clerk, and the Village Treasurer shall not be required to be
residents of the Village, provided that they are residents of the