There is hereby established the Code of the Village of Russell Gardens (hereafter the "Code"), consisting of Chapters
1 through 64, together with such Appendix chapters as shall be deemed advisable by the Village Board. Except as provided hereinafter, all chapters of the Code hereby established shall be deemed reserved, pending adoption by the Village Board of legislation specifically enacting various chapters of said Code.
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 Russell Gardens, and it is the intention of said Village Board that each such provision contained within the Code is hereby reenacted and reaffirmed as it appears in said Code. Only such provisions of former local laws, ordinances and resolutions as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below, from the effective date of this Code.
All local laws, ordinances and resolutions of
a general and permanent nature heretofore adopted by the Village Board
of the Village of Russell Gardens and in force on the date of the
adoption of this local law and not referred to or incorporated herein
are hereby repealed as of the effective date of this local law, except
as hereinafter provided.
The repeal of local laws, ordinances and resolutions provided for in §
1-3 of this local law shall not affect, limit or curtail any local law, ordinance and/or resolution in force prior to the effective date of this local law which:
A. Establishes, creates or fixes any right, liability
or obligation, of whatsoever nature or description, heretofore accrued
or incurred.
B. Imposes any penalty, punishment or forfeiture for
any act or omission heretofore committed.
C. Grants any franchise, license, right or privilege.
D. Imposes or levies any special assessment, tax or charge.
E. Otherwise fixes and determines the rights, liability
and obligation of the village, its officials and employees and any
third persons.
F. Any local law, ordinance or resolution adopted subsequent
to August 9, 1976.
A copy of the Code, in loose-leaf form, shall
be filed in the office of the Village Clerk of the Village of Russell
Gardens and shall be certified to by the Village Clerk by impressing
thereon the seal of the Village of Russell Gardens or a facsimile
thereof. 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 Code is in effect.
Any and all local laws or other legislation
adopted in such form as to indicate the intention of the Village Board
to be a part of this Code, whether as amendments, deletions or supplements
to chapters (or Articles) then appearing in the Code or as new chapters
(or Articles) to be added to said Code, shall be deemed to be incorporated
into such Code so that reference to the "Code of the Village of Russell
Gardens" 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 inserted in the loose-leaf book containing
the said Code, as amendments and supplements thereto.
It shall be the duty of the Village Clerk, or
someone authorized and directed by the Village Clerk and/or the Village
Board, to keep up-to-date the certified copy of the book containing
the Code 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
other legislation adopted by the Village Board subsequent to the enactment
of this local law in such form as to indicate the intention of said
Village Board to be a part of said Code shall, when finally enacted
or adopted, be included therein by temporary attachment of a copy
of such changes, local laws or other legislation until such changes,
local laws or other legislation are more permanently printed as supplements
to said Code book, at which time such supplements shall be inserted
therein.
The Village Clerk of the Village of Russell
Gardens, pursuant to law, shall cause to be published, in the manner
required, notice of the introduction and adoption of this local law
in the official newspaper of the village. The enactment and application
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 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 Russell Gardens, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Russell Gardens to be misrepresented thereby, or who violates any other provision of this Article, shall, upon conviction thereof, be subject to the penalty provisions set forth in Article
III of this local law.