[HISTORY: Adopted by the Board of Trustees of the Village of Asharoken:
Art. I, 6-4-1990 by L.L. No. 2-1990; Art.
II, 3-3-1980 by L.L. No. 1-1980, amended
in its entirety at time of adoption of Code 6-4-1990 by L.L.
No. 2-1990 (see Ch. 1, General Provisions, Art. I). Amendments noted
where applicable.]
[Adopted 6-4-1990 by L.L. No. 2-1990]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions of the Village
of Asharoken shall be known collectively as the "Code of the Village of Asharoken,"
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
Asharoken" 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 below, 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 Asharoken, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Asharoken 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therein are hereby repealed from and after the effective date of this local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 Asharoken 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 Asharoken, 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 Asharoken.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Village of Asharoken.
E.
Any local law or ordinance of the Village of Asharoken
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 Asharoken or any portion thereof.
F.
Any local law or ordinance of the Village of Asharoken
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 Asharoken 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 regulating traffic.
M.
Any legislation adopted subseqent to January 9, 1989.
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
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 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 Asharoken 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 Asharoken by impressing thereon
the Seal of the Village of Asharoken, 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 Asharoken," 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 Asharoken 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 Asharoken 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 Asharoken, or who alters or tampers with such Code in any manner
whatsoever which will cause the legislation of the Village of Asharoken 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.
A.
In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Asharoken, 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 § 1-11B, the following sections, Articles and chapters were added or amended: Art. II of Ch. 1, Ch. 10, Ch. 14, §§ 38-1, § 38-3, 38-4, 42-2, 42-4, 42-5, 42-6, 42-9A, 42-11, 42-13, 42-14, Ch. 46, §§ 57-3, 57-6, 61-3A(4) and B(3), 61-7B, 64-3A(8) and B, 64-4, 64-5, 64-8, 67-1D, 67-4, 79-7, 86-5E, 86-7, Ch. 91, §§ 97-2, 97-4, 104-1C, 104-4A(1)(e) and C, 104-5, 107-5A(2) and F, 107-6A(2) and E(1), 107-7F and G, 107-8F, 122-10D and E, 122-12A, 125-7J(2), 125-10B, 125-14, 125-17, 125-43, 125-45 and 125-46.
In addition, the following original sections were deleted: Sections 9 and 10 of the resolution of 4-10-1954, Section 2 of Article II of the Fire Prevention Ordinance of 6-12-1926, Sections 8 through 10 of the Health and Sanitation Ordinance of 6-12-1926 and Sections 316 and 318 and Subsections 600(3) and (4) of the ordinance of 1-3-1942.
A complete description of these changes is on file in the village
offices.
When no penalty is otherwise prescribed for the violation of any section
of any ordinance, the penalty shall be a fine not to exceed $250 or imprisonment
for a term of 15 days, or both.
This local law shall take effect immediately upon filing with the Secretary
of State of the State of New York.
[Adopted 3-3-1980 by L.L. No. 1-1980;
amended in its entirety 6-4-1990 by L.L. No. 2-1990]
When no penalty is otherwise prescribed for the violation of any section
of any ordinance, the penalty shall be a fine not to exceed $250 or imprisonment
for a term of 15 days, or both.
