[HISTORY: Adopted by the Board of Trustees of the Village of Port Jefferson as indicated in article histories. Amendments noted where applicable.]
Official newspaper — See Ch. 53.
Article I Definitions and Penalties
Article II Adoption of Code
[Adopted as Ch. 1 of the 1970 Code]
Editor's Note: The 1970 Code of the Village of Port Jefferson was adopted 10-5-1970.
[Amended 5-6-2013 by L.L. No. 6-2013; 9-9-2013 by L.L. No. 6-2014]
Definitions. As used in this Code, the following terms shall have the meanings indicated:
- BOARD OF TRUSTEES
- The Board of Trustees of the Incorporated Village of Port Jefferson.
- Includes a corporation, a joint association and a partnership as well as an individual, as the case may be.
- SUPERINTENDENT OF PUBLIC WORKS
- The Superintendent of Public Works of the Incorporated Village of Port Jefferson.
- VILLAGE and VILLAGE OFFICIALS
- The Incorporated Village of Port Jefferson, Town of Brookhaven, Suffolk County, New York, and the designation of any official or agency shall mean that of the Incorporated Village of Port Jefferson.
- VILLAGE CLERK
- The Village Clerk of the Incorporated Village of Port Jefferson.
Word usage. Words in the plural include the singular, and words in the singular include the plural.
[Amended 6-11-1992 by L.L. No. 4-1992; 9-9-2013 by L.L. No. 6-2014]
In this section, "violation of this Code" means:
In this section, "violation of this Code" does not include the failure of a Village official or employee to perform any official duty unless it is expressly provided that failure to perform the duty is to be punished as provided in this section.
Any person, corporation or other entity convicted of a violation of this Code shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. In addition, that party, in the Court's discretion, shall perform such additional or alternative community services as the Court may direct. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
Where more than one party is liable for a violation of this Code, such liability shall be joint and several in scope.
For the purpose of this section, ordinances of the Village Code, if any, shall be deemed local laws. This section shall amend and/or supersede Village Law § 20-2006.
This section supersedes any other penalty section of the Village Code to the extent that said other penalty section imposes a lesser fine or condition or is otherwise in conflict with the provisions contained herein.
If any word, clause, sentence or subsection of this article shall be found by any court of competent jurisdiction to be unenforceable, then said segment shall be severable from the balance of the article, which shall remain in full force and effect.
Community service sentencing. Pursuant to the New York State Penal Law and Code of Criminal Procedure, the Justice Court is hereby authorized, as, in its discretion, it deems reasonable, to substitute performance of community service for public or not-for-profit corporations, associations, institutions or agencies in lieu of monetary restitutions, fine and/or jail time, but only upon agreement and acceptance by the defendant of the terms and conditions of the service.
Upon consent of an owner of property which is the subject of an action before the Court, any fine imposed by the Court shall constitute a lien which may be collected in the same manner as and payable together with the real property taxes imposed by the Incorporated Village of Port Jefferson against said property.
[Added 3-6-1985 by L.L. No. 3-1985]
Pursuant to the New York State Penal Law and Code of Criminal Procedure, the Justice Court is hereby authorized as in its discretion it deems reasonable to substitute performance of community service for public or not-for-profit corporations, associations, institutions or agencies in lieu of monetary restitutions, fines and/or jail time, but only upon agreement and acceptance by the defendant of the terms and conditions of the service.
Procedures for the implementation of this section shall be formulated by the Board of Trustees and Justice Court.
[Adopted 6-11-1992 by L.L. No. 4-1992]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Port Jefferson shall be known collectively as the "Code of the Village of Port Jefferson," 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 Port Jefferson" 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.
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 Port Jefferson, 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 § 1-6 below.
All local laws and ordinances of a general and permanent nature of the Village of Port Jefferson 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 § 1-6 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 Port Jefferson 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 Port Jefferson 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 Port Jefferson.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Port Jefferson.
Any local law or ordinance of the Village of Port Jefferson 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 Port Jefferson or any portion thereof.
Any local law or ordinance of the Village of Port Jefferson 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 Port Jefferson 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.
Any legislation adopted subsequent to April 10, 1989.
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.
A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Port Jefferson 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 Port Jefferson by impressing thereon the Seal of the Village of Port Jefferson, 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.
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 Port Jefferson" 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 Port Jefferson 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 Port Jefferson 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 Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Port Jefferson or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Port Jefferson 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.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Port Jefferson, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B and C 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.
In addition, the following changes, amendments or revisions 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.)
Editor's Note: Pursuant to the provisions of § 1-14B, the following sections, articles or chapters were amended or added: §§ 1-2, 5-3A, 15-2, 15-3, 15-4, 15-5, 15-6, 15-7, Ch. 25, §§ 31-12, 31-13A(4), Art. VI of Ch. 31, 37-2, 41-5, 59-2, Ch. 65, § 69-3C, Art. II of Ch. 69, §§ 85-2, 85-3, 85-4, 85-6, 85-7, 85-9, 85-10, 85-16, 91-3, 91-8, 91-10, 91-11, 91-17, 95-14, 95-15, 101-2, 105-5, 105-6, 105-9, 117-3A(4), 117-7, 117-9A, C and D, 121-3, 121-4D, Ch. 125, §§ 135-1, 151-12F, 151-13F, 161-5, 161-6, 161-23C(5), 181-6J, 185-11A, 185-12A and C, 185-16, 185-19, 185-23, 185-24A, 185-25, Ch. 211, §§ 215-6, 235-1 and Ch. 245. The following sections of the 1970 Code were deleted: §§ 6-3, 19-3, 26-4, 35-10C, 42-11B, 53-1, 53-3E and F, 55-10C and 65-5. A complete description of each change is on file in the office of the Village Clerk
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.