[HISTORY: Adopted by the Board of Trustees of the Village of Lloyd Harbor: Art. I, 11-21-1994 as L.L. No. 2-1994; Art. II, 2-28-1983 as Article 1 of L.L. No. 2-1983. Amendments noted where applicable.]
[Adopted 11-21-1994 as L.L. No. 2-1994]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Lloyd Harbor, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 205, shall be known collectively as the "Code of the Village of Lloyd Harbor," 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 Lloyd Harbor" 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 Lloyd Harbor, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All local laws and ordinances of a general and permanent nature of the Village of Lloyd Harbor 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 § 1-3 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 Lloyd Harbor 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 Lloyd Harbor 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 Lloyd Harbor.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Lloyd Harbor.
E. 
Any local law or ordinance of the Village of Lloyd Harbor 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 Lloyd Harbor or any portion thereof.
F. 
Any local law or ordinance of the Village of Lloyd Harbor 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 Lloyd Harbor 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 local law or ordinance amending the Zoning Map.
L. 
Any local law establishing a building moratorium, which moratorium has not already expired.
M. 
A resolution adopted 6-18-1984 establishing an Ambulance District.
N. 
A resolution adopted 6-20-1988 creating the position of Code Enforcement Officer.
O. 
A resolution adopted 10-26-1986 establishing a fee schedule for mooring and overnight occupancy permits.
P. 
A resolution adopted 3-20-1989 providing requirements for a license and fees for providers of commercial marine services within the waters of the jurisdiction of the Village of Lloyd Harbor.
Q. 
A resolution adopted 4-18-1988 providing for the pickup of certain types of garbage on certain days.
R. 
A resolution adopted 3-20-1989 providing a fee for the pickup of recyclable metal items.
S. 
Any legislation adopted subsequent to 8-15-1994.
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 Lloyd Harbor 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 Lloyd Harbor by impressing thereon the Seal of the Village of Lloyd Harbor, 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 Lloyd Harbor" 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 Lloyd Harbor 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 Lloyd Harbor 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 Lloyd Harbor or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Lloyd Harbor 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 two hundred fifty dollars ($250.) or imprisonment for a term of not more than fifteen (15) days, or both.
A. 
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Lloyd Harbor, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsections B, C and D hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one (1) 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. 
General nomenclature changes. In the following sections of the Code of the Village of Lloyd Harbor, wherever the words "Building Inspector" appeared in the text, the phrase "or Code Enforcement Officer" has been added: §§ 77-8, 120-6C, 120-8A, 175-57, 183-6, 205-36, 205-59, 205-60 and 205-71.
C. 
Gender neutral language. Throughout the Code of the Village of Lloyd Harbor gender neutral language has been utilized.
D. 
In addition, the following amendments and/or additions 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 § 1-11D, the following provisions were amended or added: §§ 1-14B, 1-15A, B and C, 8-2, 8-3, 8-12A, 8-13, 8-32, 8-33A, 8-38, 8-39, 8-40, 44-10, 55-1, 55-4A and B, 55-8A and C, 55-9, 59-2, 59-7, 62-2, 62-3, 62-4, 62-5, 62-6, 62-8, 62-9, 71-3, 71-20, 77-1, 77-3E and F, 103-1, 103-3, 106-1, 109-2, 114-2A, Ch. 116, § 141-4B, Article II of Ch. 156, §§ 163-1, 168-1, 168-4A, 172-2D and F, 175-8C(1), 175-47A, 175-56, Ch. 190, §§ 197-4, 197-5, 205-2, 205-7D(1)(d), 205-12B(16), 205-19B(2), 205-41, 205-45, 205-47B, 205-51, 205-57C, 205-71, 205-73 and 205-75. The following original provisions were deleted: Article 1 of L.L. No. 1-1983, with the exception of Sections 110.07, 110.08, 110.09 and 110.10; Article 9 of L.L. No. 1-1983; Article 12 of L.L. No. 1-1983 and Section 10.9. A complete description of each change is included in L.L. No. 2-1994, on file in the office of the Village Clerk.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Lloyd Harbor, 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 State of the State of New York.
[Adopted 2-28-1983 as Article 1 of L.L. No. 2-1983]
A. 
Unless otherwise expressly defined or unless the context or subject matter requires otherwise, the terms used herein shall have the meanings set forth in the General Construction Law of the State of New York.
B. 
As used in this Code, the following terms shall have the meanings indicated:
APPEAL
Any appeal made to the Board of Zoning Appeals pursuant to Chapter 205, Zoning.
[1]
APPELLANT or EACH APPELLANT
An individual, corporation or partnership or group thereof submitting an appeal to the Board of Zoning Appeals.
[2]
APPLICANT or EACH APPLICANT
An individual, corporation or partnership or group thereof submitting an application to the Board of Zoning Appeals, the Planning Board or the Board of Trustees.
[3]
APPLICATION
Any application made to the Board of Zoning Appeals, Planning Board or Board of Trustees.
[4]
BOARD OF TRUSTEES
The Board of Trustees of the Village of Lloyd Harbor.
CODE ENFORCEMENT OFFICER
The duly appointed Code Enforcement Officer of the Village of Lloyd Harbor.
[Added 11-21-1994 by L.L. No. 2-1994]
PERSON
Includes an individual, a partnership, an association or a corporation.
POLICE DEPARTMENT
The Police Department of the Village of Lloyd Harbor.
POLICE OFFICER
A sworn uniformed member of the Police Department.
[Amended 11-21-1994 by L.L. No. 2-1994]
VILLAGE
The Incorporated Village of Lloyd Harbor, Suffolk County, New York.
[1]
Editor's Note: This definition was originally adopted 2-28-1983 as a part of L.L. No. 1-1983, which local law established the Administrative Code of the Village. (See Chapter 8.) Said definition was incorporated into this article 11-21-1994 by L.L. No. 2-1994.
[2]
Editor's Note: This definition was originally adopted 2-28-1983 as a part of L.L. No. 1-1983, which local law established the Administrative Code of the Village. (See Chapter 8.) Said definition was incorporated into this article 11-21-1994 by L.L. No. 2-1994.
[3]
Editor's Note: This definition was originally adopted 2-28-1983 as a part of L.L. No. 1-1983, which local law established the Administrative Code of the Village. (See Chapter 8.) Said definition was incorporated into this article 11-21-1994 by L.L. No. 2-1994.
[4]
Editor's Note: This definition was originally adopted 2-28-1983 as a part of L.L. No. 1-1983, which local law established the Administrative Code of the Village. (See Chapter 8.) Said definition was incorporated into this article 11-21-1994 by L.L. No. 2-1994.
C. 
Words in the singular shall be deemed to be plural and words in the masculine shall be deemed to be in the feminine when the sense of any circumstance, sentence, clause or phrase so requires.
A. 
General violations. Any person who violates or fails to perform any duty imposed by any provision of this Code shall, unless otherwise provided and except as limited by the Vehicle and Traffic Law, be punished by a fine of not more than $250 and imprisonment for a term of not more than 15 days, or both, for each and every offense, and in addition thereto, each such violation shall constitute and is hereby declared to be an offense against such provisions of this Code. Each day that a violation under any provision of this Code continues after the violator is provided written notice of the violation from the Village or enforcement officer, such violation on each such separate day shall be deemed a separate offense.
[Amended 11-21-1994 by L.L. No. 2-1994]
B. 
Zoning violations. A violation of Chapter 205, entitled "Zoning," which was initially adopted by the Village on January 9, 1927, is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed five days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 10 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
[Added 11-21-1994 by L.L. No. 2-1994]
C. 
Injunction or civil remedy. In addition, the Board of Trustees may enforce obedience to any provisions of this Code by injunction or any other civil remedy. The Board of Trustees may prescribe a civil fine for each violation of an ordinance or local law not to exceed $250.
[Amended 11-21-1994 by L.L. No. 2-1994]
The Village Engineer, Village Highway Superintendent, Village Building Inspector or Code Enforcement Officer and any other public servant who, by virtue of office, title or position is authorized or required to enforce any statute, local law, ordinance, rule or regulation relating to parking, licensing of occupations or businesses, fire prevention and safety, health and sanitation and building, zoning and planning is hereby authorized to issue appearance tickets relating to enforcement of said statutes, local laws, ordinances, rules or regulations; provided, however, that peace officers are hereby authorized to issue appearance tickets relating to enforcement of any statute, local law, ordinance, rule or regulation affecting the public health, safety and welfare.