[Adopted 3-17-2021 by L.L. No. 1-2021]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of the Village of Monticello, as codified by General Code, and consisting of Chapters 1 through 280, together with an Appendix, shall be known collectively as the "Code of the Village of Monticello," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of the Village of Monticello" to any other local law or ordinance 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 or ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1999 Code and the 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. 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 Monticello, and it is the intention of said Board of Trustees 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
A.
Repeal of inconsistent enactments. Except as provided in § 1-4, Enactments saved from repeal; matters not affected, below, all local laws and ordinances, or parts of such local laws or ordinances, inconsistent with the provisions contained in the Code adopted by this local law are hereby repealed as of the adoption and filing of this local law as set forth in § 1-13; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Monticello which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
Repeal
of specific enactments. The Board of Trustees of the Village of Monticello
has determined that the following local laws and/or ordinances are
no longer in effect and hereby specifically repeals the following
legislation:
(1)
Local Law No. 8-2004, amending residency requirements for officers
and employees of the Village, adopted 6-28-2004.
(2)
Local Law No. 7-2013, amending residency requirements for officers
and employees of the Village, adopted 6-4-2013.
(3)
Local Law No. 10-2013, amending residency requirements for officers
and employees of the Village, adopted 8-6-2013.
(4)
Chapter 37, Local Laws, Adoption of, adopted 1-5-1976 by L.L. No.
1-1976 as Ch. 16 of the 1976 Code.
(5)
Chapter 54, Police Department, Art. I, Transport for Depositors, adopted 1-5-1976 by L.L. No. 1976 as Ch. 24 of the 1976 Code.
(6)
Chapter 67, Seal, adopted 1-5-1976 by L.L. No. 1-1976 as Ch. 30 of
the 1976 Code.
(8)
Chapter 204, Sales, Special, adopted 1-5-1976 by L.L. No. 1-976 as
Ch. 143 of the 1976 Code.
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 Monticello 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 provision of the Village
of Monticello 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
Monticello.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Monticello.
E.
Any
local law or ordinance of the Village of Monticello 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 Monticello or any portion thereof.
F.
Any
local law or ordinance of the Village of Monticello 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 Monticello 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, agreement 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 Village employees.
M.
Any
local law or ordinance or portion of a local law or ordinance establishing
a specific fee amount for any license, permit or service obtained
from the Village.
N.
Any
local law or ordinance adopted subsequent to December 18, 2019.
O.
Local
Law No. 6-2014, amending the fee schedule, adopted 11-19-2014.
P.
Local
Law No. 1-2016, regarding a vehicles and traffic amendment, adopted
5-3-2016.
If any clause, sentence, paragraph, section, article, chapter
or part of this local law or of any local law or ordinance 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 Monticello 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
Monticello by impressing thereon the Seal of the Village of Monticello,
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 or ordinances known collectively as the "Code
of the Village of Monticello" or any new local laws, when enacted
or adopted in such form as to indicate the intention of the Village
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 or ordinance contained
herein, and such local laws or ordinances 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 Monticello 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
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
of Trustees to be a part of said Code shall, when finally enacted
or adopted, be included therein by temporary attachment of copies
of such changes or local laws until such changes or local laws are
printed as supplements to said Code book, at which time such supplements
shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Village Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set by resolution of the Board of
Trustees. The Clerk may also arrange for procedures for the periodic
supplementation of the Code.
Any person who alters or tampers with the Code of the Village
of Monticello in any manner whatsoever which will cause the legislation
of the Village of Monticello 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 $1,000 or imprisonment for a term of not more than
15 days, or both.
A.
In compiling and preparing the local laws and ordinances for publication as the Code of the Village of Monticello, no changes in the meaning or intent of such local laws and ordinances have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor non-substantive 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 and ordinances had been previously formally amended to read as such.
B.
In addition, 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 and ordinances 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 history referring to Chapter 1, General Provisions, Article I. During routine supplementation, these histories will be replaced with the adoption date and number of this ordinance. Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
