[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-14-1984 by L.L. No. 1-1984
as Ch. 1 of the 1984 Code]
This codification of enactments, whether formerly
ordinances or local laws or new enactments, is and is intended to
be a complete compilation of all local laws of a general nature effective
in the Village of Waterloo, in the County of Seneca and State of New
York, and is and shall be known and may be cited as the "Village of
Waterloo Municipal Code."
A.
BOARD OF TRUSTEES, VILLAGE BOARD or BOARD
CODE, THIS CODE or MUNICIPAL CODE
COUNTY
COUNTY CLERK
DIRECTOR OF WEIGHTS AND MEASURES or SEALER OF WEIGHTS AND MEASURES
ENFORCEMENT OFFICER
LICENSING OFFICER
MAYOR
OWNER
PERSON
STATE
TENANT
TRUSTEE
VILLAGE, THIS VILLAGE or VILLAGE OF WATERLOO
Specific terms. When used in this Code, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
The Board of Trustees of the Village of Waterloo, New York.
The Village of Waterloo Municipal Code.
The County of Seneca in the State of New York.
The County Clerk of the County of Seneca in the State of
New York.
The Director of Weights and Measures of the County of Seneca
in the State of New York.
The officer or employee designated by appropriate authority
to be in charge of and responsible for the enforcement of the provisions
of a local law, code or regulations or parts thereof.
[Amended 7-12-1999 by L.L. No. 3-1999]
Pursuant to Village Law § 4-400, Subdivision 1(m),
the Mayor shall be the licensing officer unless he or she designates
another Village officer, which designation shall be filed with the
Village Clerk-Treasurer.
[Added 7-12-1999 by L.L.
No. 3-1999]
The Mayor of the Village of Waterloo, New York.[1]
A person who has the legal title, alone or with another,
or exercises dominion or control over property, both real and personal.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities capable of being sued.
The State of New York.
A person occupying real property under an oral or written
lease or who is in possession of real property under the actual or
tacit consent of the owner. Whenever a person, not the owner, occupies
real property, it shall be presumed that he or she occupies the same
as a tenant.
A Trustee of the Village of Waterloo, New York.
The incorporated Village of Waterloo in the County of Seneca
and State of New York.
[1]
Editor's Note: The definition of "Municipal
Code," which immediately followed this definition, was deleted 7-12-1999
by L.L. No. 3-1999. See the definition of "Code" above.
B.
Applicability of the General Construction Law. Words
not otherwise above described and defined in the General Construction
Law shall have the same meanings as defined therein.
C.
Names of officers, boards, departments, commissions
and other agencies. The names of officers, boards, departments, commissions
and other agencies used in this Code shall be construed as though
the words "of the Village of Waterloo, New York" were added, unless
the context or subject matter otherwise requires.
D.
Other words. All other words used in this Code and
not otherwise specifically defined shall be construed in the manner
that they are normally used unless the context or subject matter requires
otherwise, but words that have acquired a technical meaning in law
and are so used shall be construed and understood in accordance with
such meaning.
A.
Words used in the present tense include the future
tense.
B.
The singular number includes the plural.
C.
"Or" may be read "and," and "and" may be read "or"
if the sense requires it.
D.
A word importing the masculine gender only shall also
be construed to include females, corporations, partnerships, associations,
joint-stock companies, societies and all other entities capable of
being sued.[1]
[1]
Editor's Note: The following original sections,
which immediately followed this section, were deleted 7-12-1999 by
L.L. No. 3-1999: § 1.4, Repeal of prior ordinances and local
laws; § 1.5, Repeal of chapters contained in the Code; § 1.6,
Effect of invalidity; and § 1.7, Unlawful alteration of
Code.
Any material contained in brackets shall not
be deemed to be a part of this Code. Such material contained therein
is intended to show the adoption date, effective date and comments
on any changes. Likewise, any commentaries, footnotes, cross-references,
citations of authority or other annotations shall not be deemed a
part of this Code but are inserted editorially solely to assist in
the use and interpretation of this Code.
Wherever the requirements of any chapter or
portion thereof are at variance with the requirements of any other
lawfully adopted rule, regulation, chapter or other enactment, the
most restrictive or that imposing the highest standards shall govern
unless a contrary intent is expressly stated.
A.
When no specific penalty is prescribed in any chapter
contained in this Code or in any rule or regulation of the Village
or in any other provision of law for any act which is prohibited or
for the failure to do any act which is required and is made or declared
to be unlawful, the violation thereof shall constitute a violation
pursuant to the Penal Law and shall be punishable by a fine not to
exceed $250 or imprisonment not to exceed 15 days, or both such fine
and imprisonment.
[Amended 7-12-1999 by L.L. No. 3-1999]
B.
In all cases, the Board of Trustees may enforce obedience
of any provisions of this Code by injunction.
The failure of any officer or employee of the
Village to perform an official act imposed by this Code shall not
be an offense and shall not subject such officer or employee to the
penalty imposed for the violation of any provision of this Code, unless
a penalty is specifically provided therefor.
A.
Wherever any officer of the Village is granted certain
powers or duties or is designated as the enforcement officer of a
specific chapter or portion thereof, it shall also be construed to
include the deputies, assistants and representatives of such officer
as may be designated, delegated or authorized by such officer to exercise
such powers or duties. Said officer is hereby authorized to issue
and serve an appearance ticket with respect to any violation of any
provision of this Code.
[Amended 6-9-2003 by L.L. No. 2-2003]
B.
While acting within the scope of their employment,
it shall be presumed that all acts performed by such deputies, assistants
and representatives were duly delegated and authorized.
In case any provision of the Village of Waterloo
Municipal Code is inconsistent with any provision of the Village Law,
pursuant to the authority contained in Subdivision 1, Paragraph e,
Subparagraph (3) of § 10 of the Municipal Home Rule Law,
the Village Law is modified and superseded in its application to the
Village of Waterloo to the extent and only to the extent that the
Village Law is inconsistent with any provision of the Village of Waterloo
Municipal Code.
The provisions of this Code shall be liberally
construed in order to effectuate the purposes for which this Code
and the laws contained herein are enacted.[1]
[1]
Editor's Note: Original § 1.20,
Joint Recreation Commission, which immediately followed this section,
was repealed 10-12-1998 by L.L. No. 4-1998.
[Adopted 1-13-2020 by L.L. No. 1-2020]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Waterloo, as codified by General Code, and consisting of Chapters 1 through 245, together with an Appendix, shall be known collectively as the "Code of the Village of Waterloo," 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 Waterloo" 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 the 1999 Code and the 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 Waterloo, 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 § 1-13 below.
A.
Repeal of inconsistent enactments. Except as provided in § 1-14, 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 § 1-23; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Waterloo 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 Waterloo has determined that the following local laws and/or ordinances
are no longer in effect and hereby specifically repeals the following
legislation:
The repeal of local laws and ordinances provided for in § 1-13 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 Waterloo 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 Waterloo 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
Waterloo.
D.
Any agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Waterloo.
E.
Any local law or ordinance of the Village of Waterloo 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 Waterloo or any portion thereof.
F.
Any local law or ordinance of the Village of Waterloo 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 Waterloo 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 March 11, 2019.
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 Waterloo 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
Waterloo by impressing thereon the Seal of the Village of Waterloo,
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 Waterloo" or any new local laws or
resolutions, 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,
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 Waterloo 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 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, 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, 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 Waterloo in any manner whatsoever which will cause the legislation
of the Village of Waterloo 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 Waterloo, 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 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, ordinances and resolutions
as they have been renumbered and appear in the Code.)
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
