[HISTORY: Adopted by the Board of Trustees of the Village ofCaledonia: Art. I, 11-15-1994 as L.L. No. 1-1994. Amendmentsnoted where applicable.]
[Adopted 11-15-1994 as L.L. No. 1-1994]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Caledonia, as codified by General Code PublishersCorp., and consisting of Chapters 1 through 215, together with anAppendix, shall be known collectively as the "Code of the Villageof Caledonia," hereafter termed the "Code." Wherever reference ismade in any of the local laws, ordinances and resolutionscontained in the "Code of the Village of Caledonia" to any otherlocal law, ordinance or resolution appearing in said Code, suchreference shall be changed to the appropriate chapter title,chapter number, Article number or section number appearing in theCode as if such local law, ordinance or resolution had beenformally amended to so read.
The provisions of the Code, insofar as they are substantivelythe same as those of local laws, ordinances and resolutions inforce immediately prior to the enactment of the Code by thislocal law, are intended as a continuation of such local laws,ordinances and resolutions and not as new enactments, and theeffectiveness of such provisions shall date from the date ofadoption of the prior local law, ordinance or resolution. Allsuch provisions are hereby continued in full force and effect andare hereby reaffirmed as to their adoption by the Board ofTrustees of the Village of Caledonia, and it is the intention ofsaid Board that each such provision contained within the Code ishereby reaffirmed as it appears in said Code. Only suchprovisions of former local laws and ordinances as are omittedfrom this Code shall be deemed repealed or abrogated by theprovisions of § 1-3 below.
All local laws and ordinances of a general and permanent natureof the Village of Caledonia in force on the date of the adoptionof this local law and not contained in such Code or recognizedand continued in force by reference therein are hereby repealedfrom and after the effective date of this local law.
The repeal of local laws and ordinances provided for in § 1-3of this local law shall not affect the following classes of locallaws, ordinances, rights and obligations, which are herebyexpressly saved from repeal:
Any right or liability established, accrued or incurredunder any legislative provision of the Village of Caledonia priorto the effective date of this local law or any action orproceeding brought for the enforcement of such right orliability.
Any offense or act committed or done before theeffective date of this local law in violation of any legislativeprovision of the Village of Caledonia or any penalty, punishmentor forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or otherproceeding pending or any judgment rendered prior to theeffective date of this local law, brought pursuant to anylegislative provision of the Village of Caledonia.
Any franchise, license, right, easement or privilegeheretofore granted or conferred by the Village of Caledonia.
Any local law or ordinance of the Village of Caledoniaproviding 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 placewithin the Village of Caledonia or any portion thereof.
Any local law or ordinance of the Village of Caledoniaappropriating money or transferring funds, promising orguaranteeing the payment of money or authorizing the issuance anddelivery of any bond of the Village of Caledonia or otherinstruments or evidence of the village's indebtedness.
Local laws or ordinances authorizing the purchase,sale, lease or transfer of property or any lawful contract orobligation.
The levy or imposition of special assessments orcharges.
The annexation or dedication of property.
Any legislation relating to salaries.
Any local law or ordinance amending the Zoning Map.
Any legislation adopted subsequent to July 6, 1993.
If any clause, sentence, paragraph, section, Article, chapteror part of this local law or of any local law, ordinance orresolution included in this Code now or through supplementationshall be adjudged by any court of competent jurisdiction to beinvalid, such judgment shall not affect, impair or invalidate theremainder thereof but shall be confined in its operation to theclause, sentence, paragraph, section, Article, chapter or partthereof directly involved in the controversy in which suchjudgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in theoffice of the Village Clerk of the Village of Caledonia and shallremain there for use and examination by the public until finalaction is taken on this local law; and, if this local law shallbe adopted, such copy shall be certified by the Village Clerk ofthe Village of Caledonia by impressing thereon the Seal of theVillage of Caledonia, and such certified copy shall remain onfile in the office of said Village Clerk to be made available topersons desiring to examine the same during all times while saidCode is in effect. The enactment and publication of this locallaw, coupled with the availability of a copy of the Code forinspection by the public, shall be deemed, held and considered tobe due and legal publication of all provisions of the Code forall purposes.
Any and all additions, deletions, amendments or supplements toany of the local laws, ordinances and resolutions knowncollectively as the "Code of the Village of Caledonia" or any newlocal laws or resolutions, when enacted or adopted in such formas to indicate the intention of the Board of Trustees to be apart thereof, shall be deemed to be incorporated into such Codeso that reference to the Code shall be understood and intended toinclude such additions, deletions, amendments or supplements.Whenever such additions, deletions, amendments or supplements tothe Code shall be enacted or adopted, they shall thereafter beprinted and, as provided hereunder, inserted in the loose-leafbook containing said Code as amendments and supplements thereto.Nothing contained in this local law shall affect the status ofany local law, ordinance or resolution contained herein, and suchlocal laws, ordinances or resolutions may be amended, deleted orchanged from time to time as the Board of Trustees deemsdesirable.
It shall be the duty of the Village Clerk to keep up-to-datethe certified copy of the book containing the Code of the Villageof Caledonia required to be filed in the office of the VillageClerk for use by the public. All changes in said Code and alllocal laws and resolutions adopted by the Board of Trusteessubsequent to the enactment of this local law in such form as toindicate the intention of said Board to be a part of said Codeshall, when finally enacted or adopted, be included therein bytemporary attachment of copies of such changes, local laws orresolutions until such changes, local laws or resolutions areprinted as supplements to said Code book, at which time suchsupplements shall be inserted therein.
Copies of the Code may be purchased from the Village Clerk ofthe Village of Caledonia upon the payment of a fee to be set byresolution of the Board of Trustees, which Board may also arrangeby resolution for procedures for the periodic supplementationthereof.
Any person who, without authorization from the Village Clerk,changes or amends, by additions or deletions, any part or portionof the Code of the Village of Caledonia or who alters or tamperswith such Code in any manner whatsoever which will cause thelegislation of the Village of Caledonia to be misrepresentedthereby or who violates any other provision of this local lawshall be guilty of an offense and shall, upon conviction thereof,be subject to a fine of not more than $250 or imprisonment for aterm of not more than 15 days, or both.
In compiling and preparing the local laws, ordinancesand resolutions for publication as the Code of the Village ofCaledonia, no changes in the meaning or intent of such locallaws, ordinances and resolutions have been made, except asprovided for in Subsection B hereof. In addition, certaingrammatical changes and other minor nonsubstantive changes weremade in one or more of said pieces of legislation. It is theintention of the Board of Trustees that all such changes beadopted as part of the Code as if the local laws, ordinances andresolutions had been previously formally amended to read as such.
Specific fees were removed from the following sectionsand replaced with the phrase "shall be as set forth from time totime by resolution of the Board of Trustees and as indicated on afee schedule on file in the office of the Village Clerk": §§ 55-4A, 57-4, 59-8, 150-7A, 186-8A(2), 186-9A(2), 186-10A186-21C(1) and 202-21.