The ordinances embraced in the following chapters and sections
shall constitute and be designated the "Code of Ordinances of the
Village of Tuckahoe, New York," and may be so cited.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted.
In the construction of this Code and of all ordinances, the
following rules shall be observed, unless such construction would
be inconsistent with the manifest intent of the Village Board of Trustees:
The provisions of this Code shall be liberally construed
to effect the purposes expressed therein or implied from the expression
thereof. In case of doubt or ambiguity in the meaning of such provisions,
the general shall yield to the particular. Reference for interpretation
and construction shall tend to further the accomplishment of the elimination
of the particular mischiefs for which the provisions were enacted.
Words shall be construed in their common and usual significance unless
the contrary is clearly indicated.
Whenever a notice is required to be given or an act to be
done, a certain length of time before any proceeding shall be had,
the day on which such notice is given, or such act is done, shall
be counted in computing the time, but the day on which such proceeding
is to be had shall not be counted.
Whenever the words "corporate limits," "corporation limits"
or "Village limits" are used, they shall mean the legal boundary of
the Village of Tuckahoe.
The County of Westchester in the State of New York.
Whenever a provision appears requiring the head of a department
of the Village to do some act or make certain inspections, it is to
be construed to authorize the head of the department to designate,
delegate and authorize subordinates to perform the required act or
make the required inspection unless the terms of the provision or
section designate otherwise.
Importing the masculine gender only shall extend and be applied
to females and to firms, partnerships and corporations as well as
to males.
Any provision of this Code, it shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
comfort, convenience and general welfare. Where any provision of the
Code imposes greater restrictions upon the subject matter than the
general provisions imposed by the Code, the provisions imposing the
greater restriction or regulation shall be deemed to be controlling.
All words giving a joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
Includes persons, firms, associations, corporations, clubs
and partnerships, whether acting by themselves or through a servant,
agent or employee.
The Mayor of the Village of Tuckahoe, and where an ordinance
or section shall direct that an act be performed or decision be made
by the Mayor, such expression shall be deemed to include not only
the Mayor, but the Acting or Deputy Mayor in the absence of the Mayor,
or any member of the Board of Trustees designated by the Board or
the Mayor to perform the act or exercise the discretion referred to;
but this provision shall not be construed to authorize the Mayor or
the Board to delegate any power or duty on the part of the Mayor to
any other person except a member of the Board of Trustees of the ,
or except as otherwise provided by law.
A calendar month.
Whenever the name of an officer is given, it shall be construed
as though the words "of the Village of Tuckahoe" were added.
Words and phrases shall be construed according to the common
and approved usage of the language; but technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed and understood according to such meaning.
Importing the singular number only may extend and be applied
to several persons and things as well as to one person and thing.
Includes an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases, the
words "swear" and "sworn" shall be equivalent to the words "affirm"
and "affirmed."
May be read "and," and "and" may be read "or" if the sense
requires it.
Applied to a building or land, shall include any part owner,
joint owner, tenant in common, tenant in partnership, joint tenant
or tenant by the entirety of the whole or of a part of such building
or land.
Extend and be applied to associations, clubs, societies,
firms, partnerships and bodies politic and corporate as well as to
individuals.
Includes every species of property except real property,
as herein described.
Next before and next after, respectively.
Place or places.
Includes real and personal property.
Includes lands, tenements and hereditaments.
The Village or corporate seal.
Any portion of a street between the curbline and the adjacent
property line, intended for the use of pedestrians.
Includes a mark when the person cannot write.
The State of New York.
Includes but shall not be limited to streets, avenues, boulevards,
roads, alleys, lanes, viaducts and all other public highways in the
.
Applied to a building or land, shall include any person holding
a written or oral lease or who occupies the whole or a part of such
buildings or lands, either alone or with others.
The past or present tense include the future as well as the
past and present.
Any person elected or appointed to that office.
Whenever the words "Village Board of Trustees" are used,
they shall be construed to mean the Board of Trustees of the Village
of Tuckahoe.
Whenever the words "the ," "this ," "the corporation" or
"this corporation" are used, they shall be construed as if the words
"of Tuckahoe, New York" followed them.
Seven days.
Includes any representation of words, letters or figures,
whether by printing or otherwise.
A calendar year.
[1]
State Law Reference: Similar definitions, General Construction
Law, § 10 et seq.
All ordinances passed subsequent to this Code of Ordinances
which amend, repeal or in any way affect this Code may be numbered
in accordance with the numbering system of this Code and printed for
inclusion therein, or in the case of repealed chapters, sections and
subsections or any part thereof, by subsequent ordinances, such repealed
portions may be excluded from the Code by omission from reprinted
pages affected thereby, and the subsequent ordinances, as numbered
and printed or omitted, in the case of repeal, shall be prima facie
evidence of such subsequent ordinances until such time that this Code
of Ordinances and subsequent ordinances numbered or omitted are readopted
as a new Code of Ordinances by the Village Board of Trustees.
Amendments to any of the provisions of this Code should be made
by amending such provisions by specific reference to the section of
this Code in substantially the following language: "That section _____
of the Code of Ordinances of the Village of Tuckahoe, New York, is
hereby amended to read as follows: . . ." The new provisions may then
be set out in full as desired.
In the event a new section not heretofore existing in the Code
is to be added, the following language may be used: "That the Code
of Ordinances of the Village of Tuckahoe, New York, is hereby amended
by adding a section (or Article or chapter) to be numbered as follows
_____, which said section shall read as follows: . . ." The new section
may then be set out in full as desired.
When the Village Board of Trustees desires to enact an ordinance
of a general and permanent nature on a subject not heretofore existing
in the Code, which said Board desires to incorporate into the Code,
a section in substantially the following language may be made a part
of the ordinance: "Section _____. It is the intention of the governing
body, and it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the Village
of Tuckahoe, New York, and the sections of this ordinance may be renumbered
to accomplish such intention."
All sections, Articles, chapters or provisions of this Code
desired to be repealed should be specifically repealed by section
number, Article number or chapter number, as the case may be.
The repeal of an ordinance shall not revive any
ordinances in force before or at the time the ordinance repealed took
effect.
The repeal of an ordinance shall not affect any punishment or
penalty incurred before the repeal took effect, nor any suit, prosecution
or proceeding pending at the time of the repeal, for an offense committed
or cause of action arising under the ordinance repealed.
[1]
State Law Reference: Similar provisions, General Construction
Law, § 90 et seq.
It shall be unlawful for any person in the Village to change or amend, by additions or deletions, any part or portion of this Code or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Village of Tuckahoe to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in § 1-7 hereof.
Whenever in this Code or in any ordinance or resolution of the
Village any act is prohibited or is made or declared to be unlawful
or an offense, or whenever in such Code, ordinance or resolution the
doing of any act is required or the failure to do any act is declared
to be unlawful, where no specific fine or penalty is provided therefor,
the violation of any provisions of this Code or any such ordinance
or resolution shall constitute disorderly conduct and shall be punished
by a fine not exceeding $250 and/or imprisonment consistent with the
applicable provisions of the Penal Law; each day any violation of
any provision of this Code or of any such ordinance or resolution
shall continue shall constitute a separate offense.
In addition to the fine or penalty hereinabove provided, any
condition caused or permitted to exist in violation of any of the
provisions of this Code or any such ordinance or resolution shall
be deemed a public nuisance and may be by the Village abated as provided
by law, and each day that such condition continues shall be regarded
as a new and separate offense.
[1]
Editor's Note: for authority of the Village to enforce
obedience to ordinances, see Village Law § 20-2006. For
classification of offenses, see Penal Law §§ 55.10(2)
and (3) and 80.05(3) and (4).
In all cases where the same offense may be made punishable,
or shall be created by different clauses or sections of the ordinances
of the , the prosecuting officer may elect under which to proceed;
but not more than one recovery shall be had against the same person
for the same offense.
Obedience to the provisions hereinafter set forth may be enforced by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in § 1-7, or by civil action for a penalty, or by civil remedy at law or equity by way of injunction, or otherwise to abate or prevent a violation of the provisions of this Code of Ordinances. Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in or the pendency of a civil action at law or in equity shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
The sections, paragraphs, sentences, clauses and phrases of
this Code are severable, and if any phrase, clause, sentence, paragraph
or section of this Code shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Code.
