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Village of Port Chester, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Port Chester: Art. I, 6-20-1966, effective 7-11-1966; Art. II, 2-2-1994 as L.L. No. 1-1994, effective 2-22-1994. Amendments noted where applicable.]
[Adopted 6-20-1966; effective 7-11-1966]
RESOLVED, that whereas the Village Board of Trustees of the Village of Port Chester considers that it is in the public interest to adopt a Code for the Village of Port Chester covering all laws deemed necessary for the orderly government of the Village of Port Chester which consist of the following.
Chapter 2
(Reserved)
Chapter 3
(Reserved)
Chapter 4
General Provisions
Chapter 5
(Reserved)
Chapter 6
(Reserved)
Chapter 7
Animals
Chapter 8
(Reserved)
Chapter 9
(Reserved)
Chapter 10
Bicycles
Chapter 11
(Reserved)
Chapter 12
(Reserved)
Chapter 13
Billiards, Bowling, Etc.
Chapter 14
(Reserved)
Chapter 15
(Reserved)
Chapter 16
Bingo
Chapter 17
Boating
Chapter 18
(Reserved)
Chapter 19
Building Construction
Chapter 20
(Reserved)
Chapter 21
(Reserved)
Chapter 22
(Reserved)
Chapter 23
Circuses, Processions, Etc.
Chapter 24
Convalescent Homes
Chapter 25
(Reserved)
Chapter 26
Dance Halls and Cabarets
Chapter 27
(Reserved)
Chapter 28
Discarded Refrigerators
Chapter 29
(Reserved)
Chapter 30
Dogs
Chapter 31
Drinking in Public
Chapter 32
(Reserved)
Chapter 33
Dumps and Dumping
Chapter 34
(Reserved)
Chapter 35
Electrical Control Board
Chapter 36
(Reserved)
Chapter 37
(Reserved)
Chapter 38
Firearms and Fireworks
Chapter 39
(Reserved)
Chapter 40
(Reserved)
Chapter 41
Fire Department
Chapter 42
(Reserved)
Chapter 43
Fire Prevention Code
Chapter 44
(Reserved)
Chapter 45
Fumigation
Chapter 46
(Reserved)
Chapter 47
Garbage and Rubbish Collection
Chapter 48
(Reserved)
Chapter 49
Going-out-of Business Sales
Chapter 50
Handbills
Chapter 51
(Reserved)
Chapter 52
Hotels, Lodging and Boardinghouses
Chapter 53
(Reserved)
Chapter 54
(Reserved)
Chapter 55
Laundromats
Chapter 56
Licensed Occupations
Chapter 57
(Reserved)
Chapter 58
(Reserved)
Chapter 59
Memorial and Independence Day Activities
Chapter 60
Minimum Housing Standards
Chapter 61
(Reserved)
Chapter 62
Noise Control
Chapter 63
Nuisances
Chapter 64
(Reserved)
Chapter 65
Parks
Chapter 66
(Reserved)
Chapter 67
(Reserved)
Chapter 68
Plumbing
Chapter 69
(Reserved)
Chapter 70
(Reserved)
Chapter 71
Restaurants
Chapter 72
(Reserved)
Chapter 73
Sewers
Chapter 74
(Reserved)
Chapter 75
Signs, Billboards, Etc.
Chapter 76
Solicitors and Canvassers
Chapter 77
Street Attire
Chapter 78
Streets and Sidewalks
Chapter 79
(Reserved)
Chapter 80
Swimming Pools
Chapter 81
(Reserved)
Chapter 82
Taxicabs
Chapter 83
Theaters
Chapter 84
(Reserved)
Chapter 85
Traffic Violations Bureau
Chapter 86
Trees and Shrubbery
Chapter 87
(Reserved)
Chapter 88
Trespass
Chapter 89
(Reserved)
Chapter 90
Unsafe Buildings
Chapter 91
(Reserved)
Chapter 92
Vehicle and Traffic
Chapter 93
(Reserved)
Chapter 94
(Reserved)
Chapter 95
(Reserved)
Chapter 96
Weeds and Grass
Chapter 97
(Reserved)
Chapter 98
Zoning
Chapter 99
(Reserved)
[1]
Editor's Note: Chapter references are to the original numbers of the 1965 publication.
That the foregoing Resolution be entered upon the minutes of the Board of Trustees of the Village of Port Chester, New York, and subscribed to by the Mayor and Clerk of the Village of Port Chester and shall be published in the Daily Item, which is hereby designated as the official newspaper of the said Village for that purpose, on the 24th day of June 1966 and on the first day of July 1966 and a printed copy thereof shall be posted conspicuously in at least three public places for at least 10 days prior to the 11th day of July 1966 and shall become effective on the 11th day of July 1966.
[Adopted 2-2-1994 as L.L. No. 1-1994; effective 2-22-1994]
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 Chester, as recodified by General Code Publishers Corp., and consisting of Chapters 1 through 345, together with an Appendix, shall be known collectively as the "Code of the Village of Port Chester," 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 Chester" to any other local law, ordinance or resolution appearing in said Code or to the 1966 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 prior 1966 Code has been renumbered as indicated in the Distribution Table below:
Distribution Table
Chapter in 1966 Code
Chapter in 1993 Code
2A, Village Attorney
12
2B, Development Coordinator
35
3, Village Manager
77
4, General Provisions
1
5, Alarm Devices
126
5A, Americans With Disabilities Act
131
6, Amusement Devices
133
7, Animals
136, Art. II
8, Architectural Review Board
9
9, Appearance Tickets
5
9A, Beautification Commission
18
10, Bicycles
140
13, Billiards, Bowling and Shooting Galleries
143
16, Bingo
145
17, Boating and Watercraft
148
19, Building and Fire Prevention
151
23, Circuses, Processions, Etc.
157
23A, Commission on, Recreation
103
24, Convalescent Homes
160
25, Coin-Operated Dry-Cleaning Establishments
169
26, Dance Halls and Cabarets
165
27, Dealers in Secondhand Articles
267
28, Defense and Indemnification of Officers and Employees
30
30, Dogs
136, Art. I
31, Drinking in Public
128
33, Economic Development Commission
40
34, Engineer, Village
49
35, Electrical Control Board
44
36, Employee Organizations
47
37, Ethics, Code of
53
37A, Exposure of Females
227
38, Firearms and Fireworks
178
39, Flood Damage Prevention
181
40, Fees
175
41, Fire Department
57
45, Fumigation
184
46, Games of Chance
190
47, Garbage and Rubbish Collection
275, Art. I
49, Going-Out-of-Business Sales
264
50, Handbills
208, Art. I
51, Hawking and Peddling
195, Art. I
52, Lodging and Boarding Houses
211
55, Laundromats
169, Art. II
56, Licensed Occupations
206
57, Littering
208, Art. II
59, Memorial Day and Independence Day Observance
217
60, Minimum Housing Standards
197
61, Numbering of Improved Parcels
232
62, Noise Control
224
63, Nuisances
229
64, Official Map
79
65, Parks
236
67, Planning Commission
90
68, Plumbing Code
242
69, Police Procedures
94
70, Pistol Permit Applications
239
70A, Real Estate
162
71, Restaurants
254
71A, Real Property Tax
293, Art. IV
71B, Recycling
275, Art. II
72, Retirement Incentive Program
107
73, Sewers
269
75, Signs and Billboards
272
76, Solicitors and Canvassers
195, Art. II
76A, Solicitors and Canvassers, Religious
195, Art. III
76B, Spray Paint Cans or Containers
278
77, Street Attire
281
78, Streets and Sidewalks
283
80, Swimming Pools
285
80A, Tattooing
291
81, Tax Exemption for Senior Citizens
293, Art. III
81A, Tax Exemption for the Disabled
293, Art. I
81B, Tax Exemption for Veterans
293, Art. II
82, Taxicabs
295
83, Theaters
298
84, Towers and Antennas
301
85, Traffic Violations Bureau
112
86, Trees and Shrubbery
304
88, Trespass
307
89, Underground Utilities
312
90, Unsafe Buildings
153
92, Vehicles and Traffic
319
92B, Vehicles, Repair of
323
93, Traffic Commission
110
94, Water
330
95A, Waterfront Consistency Review
332
96, Weeds and Grass
336
97A, Youth Bureau
119
98, Zoning
345
99, Property Maintenance and Littering
245
App. Part I, Motel Standards
A401
App. Part II, Land Subdivision Regulations
A402
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 Article, 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 Chester, 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 Chester in force on the date of the adoption of this Article 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 Article.
The repeal of local laws and ordinances provided for in § 1-6 of this Article 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 Port Chester prior to the effective date of this Article 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 Article in violation of any legislative provision of the Village of Port Chester 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 Article brought pursuant to any legislative provision of the Village of Port Chester.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Port Chester.
E. 
Any local law or ordinance of the Village of Port Chester 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 Chester or any portion thereof.
F. 
Any local law or ordinance of the Village of Port Chester 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 Chester 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 legislation relating to salaries.
K. 
Any legislation amending the Zoning Map.
L. 
Any legislation adopted subsequent to July 1, 1993.
If any clause, sentence, paragraph, section, Article, chapter or part of this Article 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 Chester and shall remain there for use and examination by the public until final action is taken on this Article; and, if this Article shall be adopted, such copy shall be certified by the Village Clerk of the Village of Port Chester by impressing thereon the Seal of the village, 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 Article, 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 Chester" or any new local laws, ordinances 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 Article 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 Chester 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, ordinances and resolutions adopted by the Board of Trustees subsequent to the enactment of this Article 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, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
[Amended 11-3-1997 by L.L. No. 17-1997]
Copies of the Code may be purchased from the Village Clerk of the Village of Port Chester upon the payment of a fee as set forth in Chapter 175, Fees. The Board of Trustees 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 Chester or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Port Chester to be misrepresented thereby or who violates any other provision of this Article 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 Chester, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made. 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.
The provisions of this article are hereby made Article II of Chapter 1 of the Code of the Village of Port Chester, such local law to be entitled "General Provisions, Article II, Readoption of Code," and the sections of this article shall be numbered §§ 1-4 to 1-16, inclusive.
This article shall take effect immediately upon filing with the Secretary of State of the State of New York.