[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
Article II Exemption of Village
[Adopted 8-28-1990 by L.L. No. 2-1990]
Editor's Note: This local law included a disposition of legislation list. Said list is on file in the office of the Village Clerk.
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Kings Point shall be known collectively as the "Code of the Village of Kings Point," 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 Kings Point" 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 below, 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 Board of Trustees of the Village of Kings Point, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Kings Point 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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.
Any right or liability established, accrued or incurred under any legislative provision of the Village of Kings Point prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.
An offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Kings Point, or any penalty, punishment or forfeiture which may result therefrom.
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 Kings Point
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Kings Point.
Any local law or ordinance of the Village of Kings Point 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 Kings Point or any portion thereof.
Any local law or ordinance of the Village of Kings Point 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 Kings Point or other instruments or evidence of the Village's indebtedness.
Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of special assessments or charges.
The dedication of property.
Any legislation relating to salaries.
Any local law or ordinance amending the Zoning Map.
All legislation regulating traffic.
All legislation dealing with the Planning Board.
All legislation dealing with the Zoning Commission.
All legislation dealing with Police Department Rules and Regulations.
A 6-18-1963 ordinance regulating places of public assembly.
A 2-21-1973 resolution dealing with the Joint Municipal Commission.
All legislation adopted subsequent to January 4, 1990.
If any clause, sentence, paragraph, section, article 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 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 Kings Point 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 to by the Village Clerk of the Village of Kings Point by impressing thereon the Seal of the Village of Kings Point, 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 the 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.
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 Kings Point," 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.
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 Kings Point 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.
Copies of the Code may be purchased from the Village Clerk of the Village of Kings Point upon the payment of a fee to be set by resolution of the Board of Trustees, which Board may also arrange by resolution for procedures for the periodic supplementation thereof.
[Amended 5-19-2003 by L.L. No. 8-2003]
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any portion of the Village Code, or who otherwise alters or tampers with the Village Code in any manner whatsoever that will cause the legislation of the Village to be misrepresented thereby, shall be subject to the penalties provided in Chapter 116, Penalties.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Kings Point, 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.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
[Adopted 4-8-2010 by L.L. No. 1-2010]
The Village is exempt from all of its own local laws, rules, and regulations in the performance of its governmental functions.
For the purposes of this exemption, "governmental functions" shall be defined with the widest latitude so long as the Village is acting in the furtherance of the public health, welfare, and safety, including, but not limited to, providing a Village Hall; a public works garage, storage area, or other facility; a parking lot; road repair; snow removal; sanitation waste collection and treatment; and refuse and recyclable collection; street lighting; traditional utility services; and cable, cellular, wi-fi, and similar communication services.
In the event that there is any question as to whether or not the Village is acting in its governmental capacity, there shall be a rebuttable presumption that so long as the action is being undertaken with the permission of the Village on property owned or leased by the Village, or, with the authorization of the Village, being performed by Village employees or contractors of the Village, the action is a governmental function.
Any voluntary action by the Village to abide by or follow all or a portion of its local laws, rules, and/or regulations with regard to one or more of its actions or functions shall not be deemed a waiver of the Village’s subsequent decision with regard to the same, similar, or any other subsequent action to fully exercise its right of exemption set forth in this section.
The exemption set forth herein is solely for the benefit of the Village and no other municipalities.