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Village of Minoa, NY
Onondaga County
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Table of Contents
Table of Contents
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[HISTORY: Adopted by the Board of Trustees of the Village of Minoa as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties — See Ch. 113.
[Adopted 3-20-2000 by L.L. No. 1-2000]
A. 
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of a general nature previously adopted by the Village Board, including the Village of Minoa Municipal Code, which was originally adopted by Local Law No. 2 for the year 1985, as such Village of Minoa Municipal Code has been amended from time to time (hereinafter the "Old Code"), are by this local law being reformatted and amended as set forth in the document entitled "Code of the Village of Minoa," and consist of the chapters more particularly described in § 1-1C below, and, as reformatted and amended, are hereby adopted, subject to the other provisions of this local law, and shall hereinafter be known collectively as the "Code of the Village of Minoa," or "Code." A copy of the Code is attached hereto.
B. 
In adopting the Code, the Board of Trustees is relying upon the authority granted to it in the Municipal Home Rule Law to supersede the requirements of § 7-706 Subdivision 1, 2(a) through (d), 3, 4 and 5 of the Village Law and is enacting the Code, including but not limited to Chapter 160 (Zoning), pursuant to the authority granted to the village in § 10, Subdivision 1(ii)(a)(12), 10, Subdivision 1(ii)(a)(14) and 10, Subdivision 1(ii)(e)(3), and § 20 of the Municipal Home Rule Law.
C. 
The chapters contained in and intended to be part of the Code of the Village of Minoa are:
Chapter 1
General Provisions
Article I
Adoption of Code
Article II
Definitions, Penalty and Interpretation
Chapter 6
Assessment
Article I
Termination of Status as Assessing Unit
Chapter 13
Defense and Indemnification
Chapter 25
Officers and Employees
Article I
Residency Requirements
Chapter 36
Alcoholic Beverages
Article I
Open Containers
Chapter 39
Amusements
Chapter 42
Animals
Article I
Dog Control
Article II
Animal Control
Article III
Cat Licensing
Chapter 46
Bingo
Chapter 51
Building Construction and Fire Prevention
Chapter 54
Buildings, Numbering of
Chapter 57
Buildings, Unsafe
Chapter 63
Environmental Quality Review
Chapter 68
Firesafety
Chapter 71
Fireworks
Chapter 75
Flood Damage Prevention
Chapter 80
Games of Chance
Chapter 89
Littering
Chapter 92
Loitering
Chapter 98
Noise
Chapter 101
Notification of Defects
Chapter 106
Parades
Chapter 110
Peddling and Soliciting
Chapter 113
Penalties
Chapter 118
Recreational Activities
Chapter 124
Sewers
Chapter 127
Site Plan Review
Chapter 132
Solid Waste
Article I
Garbage, Rubbish, Trash and Weeds
Article II
Licensing of Solid Waste Haulers
Chapter 136
Streets and Public Places
Chapter 140
Subdivision of Land
Chapter 143
Taxation
Article I
Senior Citizens Tax Exemption
Article II
Veterans Tax Exemption
Chapter 147
Vehicles and Traffic
Chapter 151
Water
Chapter 155
Weapons
Chapter 160
Zoning
The provisions of the Code, insofar as they are the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance and 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 Minoa, 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; provided, however, that any amendments, changes or modifications to any earlier existing local laws or ordinances or parts thereof, including but not limited to the Old Code, shall become effective on the effective date of this local law. Any provisions of former local laws and ordinances, including without limitation, the Old Code, as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
Subject to the provisions of § 1-4 below, all local laws and ordinances of a general and permanent nature of the Village of Minoa, including but not limited to the Old Code, in force on the date of the adoption of this local law and not contained in the Code being adopted by this local law, 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:
A. 
Any right or liability established, accrued or incurred under any legislative provision of the Village of Minoa 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 provisions of the Village of Minoa 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 Minoa.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Minoa.
E. 
Any local law or ordinance of the Village of Minoa 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 Minoa or any portion thereof.
F. 
Any local law or ordinance of the Village of Minoa 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 Minoa 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 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. 
All personnel policies.
N. 
Any local law adopted subsequent to February 3, 1999.
If any clause, sentence, paragraph, section, article, chapter or part of this local law 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. If any chapter of this Code shall be found invalid by a court of competent jurisdiction, then the predecessor of that chapter, if any, shall be deemed to have not been repealed and to be in full force and effect.
A copy of the Code has been filed in the office of the Village Clerk of the Village of Minoa 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 Minoa by impressing thereon the Seal of the Village of Minoa, 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.
Any and all future additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Code of the Village of Minoa" 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 included in the Code as amendments and supplements thereto.
It shall be the duty of the Village Clerk to keep up-to-date the certified copy of the book containing the Code for the Village of Minoa 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 Minoa 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.
Any person who, without authorization from the Village Board, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Minoa or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Minoa to be misrepresented thereby 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 Minoa, 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 chances be adopted as a part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B. 
Throughout the Code of the Village of Minoa, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof 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]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-20-2000 by L.L. No. 1-2000. Schedule A, which contains a complete description of all changes, is on file in the Village Clerk's offices.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Minoa, 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.
This local law shall take effect immediately upon filing with the Secretary of the State of the State of New York.
[Adopted 9-3-1985 as Ch. 1, §§ 1.2, 1.3 and 1.9 through 1.14, of the 1985 Code]
A. 
Definitions.
(1) 
Specific terms. When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
Such person(s) authorized by resolution of the Village Board to act as animal control officer of the Village of Minoa. The animal control officer shall have all the powers of any other peace officer in the enforcement of the provisions of Chapter 42, including, without limitation, the service of a summons, the service of an appearance ticket and the service and execution of any other order of process.
[Amended 3-20-2000 by L.L. No. 1-2000]
ASSESSOR or VILLAGE ASSESSOR
The Assessor of the Village of Minoa, New York.
ATTORNEY, ATTORNEY FOR THE VILLAGE or VILLAGE ATTORNEY
The attorney or law firm that is retained or appointed by the Board of Trustees to perform legal services for the village.
BOARD OF APPEALS or ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Minoa, New York, appointed in accordance with the provisions of Chapter 160 of this Code and § 7-712 of the Village Law.
[Amended 3-20-2000 by L.L. No. 1-2000]
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
The Board of Trustees of the Village of Minoa, New York.
CLERK
See "County Clerk" and "Village Clerk."
CODE
The Village of Minoa Municipal Code.
CODES ENFORCEMENT OFFICER
Such persons appointed by the Mayor and approved by the Board of Trustees including the Mayor to act as the Codes Enforcement Officer of the village.
[Amended 3-20-2000 by L.L. No. 1-2000]
COUNTY
The County of Onondaga in the State of New York.
COUNTY CLERK
The Clerk of the County of Onondaga, State of New York.
DIRECTOR OF WEIGHTS AND MEASURES or SEALER OF WEIGHTS AND MEASURES
The Director of Weights and Measures of the County of Onondaga, State of New York.
ENGINEER
See "Village Engineer."
FIRE CHIEF or CHIEF OF THE FIRE DEPARTMENT
The Fire Chief of the Fire Department of the Village of Minoa, New York.
MAYOR
The Mayor of the village.
MUNICIPAL CODE
The Village of Minoa Municipal Code.
OWNER
A person who has the legal title, alone or with another, or exercises dominion or control over property, real or personal.
PERSON
One or more persons of either sex, corporations, partnerships, limited liability companies, associations, groups, joint stock companies, societies and all others capable of being sued.
[Amended 3-20-2000 by L.L. No. 1-2000]
PLANNING BOARD
The Planning Board of the Village of Minoa, New York.
POLICE CHIEF or CHIEF OF POLICE
The Police Chief of the Town of Manlius.
[1]
SUPERINTENDENT OF PUBLIC WORKS
The village official or employee in charge of the Village Department of Public Works in the Village of Minoa, New York.
[Amended 3-20-2000 by L.L. No. 1-2000]
TENANT
A person occupying real property under an oral or written lease or who is in possession of real property under the actual or tacit consent of the owner. Whenever a person, not the owner, occupies real property, it shall be presumed that he or she occupies it as a tenant.
TRUSTEE
A Trustee of the village.
VILLAGE ATTORNEY
See "Attorney."
[2]
VILLAGE CLERK or CLERK
The Clerk of the Village of Minoa, New York.
VILLAGE ENGINEER or ENGINEER
The village official who is a licensed professional engineer of the State of New York and performs the engineering functions of the village, or an engineer or engineering firm retained by the Village of Minoa, New York, to serve in the capacity of engineer or consulting engineer to the Village of Minoa, New York. The Superintendent of Public Works may also serve as the Village Engineer when so designated by the Board of Trustees.
[Amended 3-20-2000 by L.L. No. 1-2000]
VILLAGE JUSTICE or POLICE JUSTICE
A Village Justice of the Village of Minoa, New York.
VILLAGE, THIS VILLAGE, or VILLAGE OF MINOA
The incorporated Village of Minoa in the County of Onondaga and State of New York.
VILLAGE TREASURER
The Treasurer of the village.
[1]
Editor's Note: The former definition of "Registrar of Vital Statistics," which immediately followed this definition, was deleted 3-20-2000 by L.L. No. 1-2000.
[2]
Editor's Note: The former definition of "Village Board," which immediately followed this definition, was deleted 3-20-2000 by L.L. No. 1-2000.
(2) 
Other words. All other words used in this Code and not otherwise specifically defined shall be construed as prescribed in the General Construction Law or, if not defined therein, in the manner that they are normally used unless the context or subject matter requires otherwise; but words that have acquired a technical meaning in law and are so used shall be construed and understood in accordance with such meaning.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
A. 
Words used in the present tense include the future tense.
B. 
The singular number includes the plural and plural terms include the singular.
C. 
A word importing the masculine gender only shall also be construed to include females, corporations, partnerships, limited liability companies, associations, joint stock companies, societies and all other entities capable of being sued.
[Amended 3-20-2000 by L.L. No. 1-2000]
A. 
Wherever the requirements of any chapter or portion thereof are at variance with the requirements of any other lawfully adopted rule, regulation, chapter or other enactment, the most restrictive or that imposing the higher standards shall govern unless a contrary intent is expressly stated.
B. 
Where specifically provided in this Code, any provision of this Code which is inconsistent with any provision of the Village Law, pursuant to the authority contained in Subdivision 1, Paragraph (ii), Subparagraph e(3), of § 10 of the Municipal Home Rule Law, the Village Law shall be deemed modified and superseded in its application to the Village of Minoa to the extent and only to the extent that the Village Law is inconsistent with any provision of this Code. Where not specifically provided in this Code, the inconsistency shall be treated in accordance with Subsection A above.
A. 
Where no specific penalty is prescribed in any chapter contained in this Code, rule or regulation of the village, or in any other provision of law,[1] for the noncompliance with this Code or for any act which is prohibited or for the failure to do any act which is required, the penalty for and nature of the noncompliance, action or failure to act shall be as set forth in Chapter 113 of this Code.
[1]
Note: For traffic violations, see Vehicle and Traffic Law §§ 1800, 1801, 1180(f). For corporate fines, see Penal Law § 80.10.
B. 
In all cases, the Board of Trustees may enforce obedience of any provisions of this Code by injunction.
Unless a penalty is specifically provided for elsewhere in this Code, the failure of any officer or employee of the village to perform an official act required by this Code shall not be an offense, and shall not subject the officer or employee to any penalty imposed for the violation of any provision of this Code.
A. 
Wherever any officer of the village is granted certain powers or duties or is designated as the enforcement officer of a specific chapter or portion thereof, it shall also be construed to include the deputies, assistants and representatives of such officer as may be designated, delegated or authorized by such officer to exercise such powers or duties.
B. 
While acting within the scope of their employment, it shall be presumed that all acts performed by such deputies, assistants and representatives were duly delegated and authorized.
The provisions of this Code shall be liberally construed in order to effectuate the purposes for which this Code and the laws contained herein are enacted.