[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo
Park: Art. I, 2-21-1990 by L.L No. 1-1990. Amendments noted
where applicable.]
[Adopted 2-21-1990 by L.L. No. 1-1990]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Tuxedo Park as codified by General Code Publishers Corp. and consisting of Chapters 1 through 100, are hereby adopted as the Code of the Village of Tuxedo Park, and such local laws, ordinances and resolutions shall be known collectively as the "Code of the Village of Tuxedo Park," hereafter termed the "Code," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided in said Code. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Village of Tuxedo Park" 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 as if such local law, ordinance or resolution had been formally amended to so read.
A.
BOARD OF ARCHITECTURAL REVIEW
BOARD OF TRUSTEES OR VILLAGE BOARD
BOARD OF ZONING APPEALS OR BOARD OF APPEALS
BUILDING INSPECTOR
CHIEF OF POLICE
CODE
DEPARTMENT OF PUBLIC WORKS
MAYOR
PERSON
PLANNING BOARD
POLICE DEPARTMENT
PUBLIC WORKS SUPERINTENDENT
ROAD
VILLAGE
VILLAGE CLERK
VILLAGE LAW
Terms defined. As used in the Code of the Village of
Tuxedo Park, unless the context otherwise requires, the following terms shall
have the meanings indicated:
The Board of Architectural Review of the Village of Tuxedo Park.
The Board of Trustees of the Village of Tuxedo Park.
The Board of Zoning Appeals of the Village of Tuxedo Park.
The person appointed by the Board of Trustees to serve as Building
Inspector for the Village, or his duly authorized representative.
The Chief of Police of the Village of Tuxedo Park Police Department.
The Code of the Village of Tuxedo Park, as adopted by this local
law and as may be subsequently amended.
The Department of Public Works of the Village of Tuxedo Park.
The Mayor of the Village of Tuxedo Park.
An individual, partnership, corporation or association, including
those acting in a fiduciary or representative capacity, whether appointed
by a court or otherwise. Whenever used in any clause prescribing or imposing
a penalty, the word "person," as applied to partnerships or associations,
shall include the partners or members thereof, and if applied to corporations,
the officers thereof.
The Planning Board of the Village of Tuxedo Park.
The Police Department of the Village of Tuxedo Park.
The Superintendent of Public Works of the Village of Tuxedo Park.
Includes streets, highways, parkways and roads of the Village of
Tuxedo Park.
The Village of Tuxedo Park, Orange County, New York.
The Village Clerk of the Village of Tuxedo Park, appointed as provided
by law, or his or her authorized representative.
Chapter 64 of the Consolidated Laws of the State of New York, as
amended.
B.
Word usage. As used herein:
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 Tuxedo Park, 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 § 1-4 below.
All local laws and ordinances of a general and permanent nature of the
Village of Tuxedo Park 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 § 1-4 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 Tuxedo Park prior to the
effective date of this local law, or any action or proceeding brought for
the enforcement of such right or liability.
B.
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 Tuxedo Park, 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 Tuxedo
Park.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Tuxedo Park.
E.
Any local law or ordinance of the Village of Tuxedo Park
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 Tuxedo Park or any portion thereof.
F.
Any local law or ordinance of the Village of Tuxedo Park
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 Tuxedo Park 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 dedication of property.
J.
Any legislation relating to salaries.
K.
Any local law or ordinance amending the Zoning Map.
L.
All legislation adopted subsequent to May 24, 1988.
If any clause, sentence, paragraph, section, article or part of this
local law or of any local law, ordinance or resolution included in this Code
or included in this Code 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 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 Tuxedo Park 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 Tuxedo Park by impressing thereon
the Seal of the Village of Tuxedo Park, 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 the 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 Tuxedo Park," 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 Tuxedo Park 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 Tuxedo Park 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 Tuxedo Park, or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of Tuxedo Park
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.
Except where specifically provided elsewhere, any person who shall commit
an offense against any provision of the Code of the Village of Tuxedo Park
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 $250 or by
imprisonment for not exceeding 15 days, or by both such fine and imprisonment.
Unless otherwise specifically provided herein, the continuation of an offense
shall constitute, for each day the offense is continued, a separate and distinct
violation.
Property owners and occupiers shall be responsible for the actions of
their employees in regard to compliance with this Code. Servants, sitters,
gardeners, contractors and the like, whether full-time or part-time, directly
employed, contracted or volunteer, shall be deemed to be operating under the
direction of the owner or occupier and hence considered his delegate. Appearances,
penalties, corrective measures and their attendant costs shall be the responsibility
and burden of the owner or occupier regardless of whether the subject violation
is traceable to him, his family, his guests, his employees, prior owners or
any other party he knowingly admits on his property.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Tuxedo Park, 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 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.
B.
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.)[1]
[1]
Editor's Note: Pursuant to § 1-14B, the following sections were added or amended: §§ 12-2; 17-4; Ch. 21; § 27-1; Ch. 32; Ch. 36; §§ 47-1; 47-3B; 47-6A; 47-7; 47-10B; 47-17; Ch. 53; Ch. 58; §§ 65-3A and D; 65-5; 65-7B; Ch. 70; §§ 71-1; 71-2; 75-3; 75-9; 75-11A; 75-13; 75-17A; Ch. 75, Arts. III and IV; §§ 85-3; 85-4C; 85-11; 100-2B; 100-6; 100-9B; 100-10; 100-10.1; 100-11; 100-12; 100-13; 100-14; 100-14.1; 100-15; 100-19B; 100-22; 100-23; 100-24B(2); 100-24H; 100-26B; 100-27; 100-28; 100-31; 100-32B; 100-33; 100-37; 100-38; 100-40; 100-41B and D; 100-44; 100-46; 100-48C(7)(b); 100-50B; 100-53B(3) and (5), E, F and G; 100-55.
In addition, the following entirely new chapters and Articles were adopted: Ch. 3; Ch. 18; Ch. 25; Ch. 29; Ch. 30; Art. I; Ch. 40; Ch. 51; Ch. 60; Ch. 73; Ch. 78; Ch. 83; Ch. 87; Ch. 91; Ch. 93; Ch. 94; and Ch. 97.
A complete description of each change or new chapter is included in
L.L. No. 1-1990, a copy of which is on file in the office of the Village Clerk.
This local law and the Code adopted hereby and the regulations contained
therein shall apply from the date of filing of this local law to all property
and/or persons within the Incorporated Village of Tuxedo Park. Those existing
conditions which are herein prohibited or curtailed shall be permitted to
continue, but without expansion, for a maximum period of one year from the
date stated above.
