[Adopted 4-30-1996 by L.L. No. 1-1996]
In the construction of this Code, and of all laws, the following rules
shall be observed, unless such construction would be inconsistent with the
manifest intent of the Village Board of Trustees:
As used in this Code or any amendment thereof, the Code Enforcement
Officer or Officers of the Village of Fort Plain. The term "Building Inspector"
shall be construed to mean said "Code Enforcement Officer(s)."
Whenever a notice is required to be given or an act to be done, a
certain length of time before any proceeding shall be had, the day on which
such notice is given, or such act is done, shall be counted in computing the
time, but the day on which such proceeding is to be had shall not be counted.
The legal boundary of the Village of Fort Plain.
The county in the State of New York in which the Village of Fort
Plain is situate.
Whenever a provision appears requiring the head of a department of
the village to do some act or make certain inspections it is to be construed
to authorize the head of the department to designate, delegate and authorize
subordinates to perform the required act or make the required inspection unless
the terms of the provision or section designate otherwise.
The Code Enforcement Officer(s) of the Village of Fort Plain.
A word importing the masculine gender only shall extend and be applied
to females and to firms, partnerships and corporations as well as to males.
In the interpretation and application of any provision of this Code,
it shall be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare. Where
any provision of the Code imposes greater restrictions upon the subject matter
than the general provisions imposed by the Code, the provision imposing the
greater restriction or regulation shall be deemed to be controlling.
All words giving a joint authority to three or more persons or officer
shall be construed as giving such authority to a majority of such persons
or officers.
The word "may" is permissive.
The mayor of the Village of Fort Plain, and where a law or section
shall direct that an act be performed or decision be made by the mayor, such
expression shall be deemed to include not only the mayor, but the acting mayor
in the absence of the mayor, or any member of the board designated by the
board or the mayor to perform the act or exercise the discretion referred
to; but this provision shall not be construed to authorize the mayor or the
board to delegate any power or duty on the part of the mayor to any other
person except a member of the Board of Trustees of the village, or except
as otherwise provided by law.
A calendar month.
Whenever the name of an officer is given it shall be construed as
though the words "of the Village of Fort Plain" were added.
A word importing the singular number only may extend and be applied
to several persons and things as well as to one person and thing.
The word "oath" shall be construed to include an affirmation in all
cases in which, by law, an affirmation may be substituted for an oath, and
in such cases the words "swear" and "sworn" shall be equivalent to the words
"affirm" and affirmed."
As applied to a building or land shall include any part owner, joint
owner, tenant in common, tenant in partnership, joint tenant, or tenant by
the entirety, of the whole or of a part of such building or land.
The word "person" shall extend and be applied to associations, clubs,
societies, firms, partnerships and bodies politic and corporate as well as
to individuals.
Includes every species of property except real property, as herein
described.
The Mayor of Fort Plain or his designate.
Place or places.
Includes real and personal property.
Any park, cemetery, school yard or open space adjacent thereto, all
streets and parking fields, and all waterways.
Includes land, tenements and hereditaments.
The place adopted by a person as his place of habitation, and to
which, whenever he is absent, he has the intention of returning. When a person
eats at one place and sleeps at another, the place where such person sleeps
shall be deemed his residence.
The village or corporate seal.
The word "shall" is mandatory.
Any portion of a street between the curb line and the adjacent property
line, intended for the use of pedestrians, excluding parkways.
Includes a mark when the person cannot write.
The State of New York.
Includes streets, avenues, boulevards, roads, alleys, lanes, viaducts
and all other public highways in the village.
The Superintendent of Public Works of the village.
Includes any person holding a written or oral lease or who occupies
the whole or a part of such buildings or lands, either alone or with others.
Words used in the past or present tense include the future as well
as the past and present.
Except where otherwise defined, the word "vehicle" shall mean an
automobile, motorcycle, cart, wagon, buggy, bicycle, sled, sleigh or airplane,
and shall include any device of any kind or character used or designed to
be used for the purpose of transporting persons or things.
The Board of Trustees of the Village of Fort Plain.
Whenever the words "the village," "this village," "the corporation"
or "this corporation" are used they shall be construed as if the words "of
Fort Plain, New York" followed them.
Seven days.
Includes any representation of words, letters or figures, whether
by printing or otherwise.
A calendar year.
A.Â
Whenever in this Code or in any law of the village any
act is prohibited or is made or declared to be unlawful or an offense, or
whenever in such Code or law the doing of any act is required or the failure
to do any act is declared to be unlawful, where no specific penalty is provided
therefor, the violation of any such provision of this Code or any law shall
be punished by a fine not exceeding $250 and, in the event of failure to pay
the same by imprisonment not exceeding 15 days, or both. Each day any violation
of any provision of this Code or of any such law shall continue shall constitute
a separate violation.
B.Â
In addition to the penalty hereinabove provided, any
condition caused or permitted to exist in violation of any of the provisions
of this Code or any such law shall be deemed a public nuisance and may be,
abated by the village as provided by law, and each day that such condition
continues shall be regarded as a new and separate violation.
In all cases where the same violation may be made punishable, or shall
be created by different clauses or sections of the laws of the village, the
prosecuting officer may elect under which to proceed; but not more than one
recovery shall be had against the same person for the same violation.
Obedience to the provisions herein set forth may be enforced whether by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in § 1-15, or by civil action for a penalty, or by civil remedy at law or in equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this Code. Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in or the pendency of a civil action at law or in equity, shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
All laws of the village shall be in full force and effect on the premises
of the village watershed reservoir and filtration plant, except those laws
which by their nature can have no application.
