[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-12-1990 by L.L. No. 3-1990]
In accordance with Subdivision 3 of § 20 of the Municipal
Home Rule Law, the local laws, ordinances and certain resolutions
of the Village of Suffern shall be known collectively as the "Code
of the Village of Suffern," 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 Suffern" 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 Suffern, 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 Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.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 Suffern 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in force by reference therein are hereby repealed from and after the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 Suffern 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 Suffern, 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 Suffern.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Village of Suffern.
E.
Any
local law or ordinance of the Village of Suffern 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 Suffern or any portion thereof.
F.
Any
local law or ordinance of the Village of Suffern 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 Suffern 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.
The
Zoning Ordinance adopted 7-10-1949 and all amendments thereto, including
amendments to the Zoning Map.
L.
All
legislation regulating vehicles and traffic.
M.
The
Subdivision Ordinance adopted 7-26-1965 and all amendments thereto.
N.
The
Site Development Plan Ordinance, adopted 7-24-1967 and all amendments
thereto.
O.
Local
Law No. 3-1977, adopted 4-25-1977, pertaining to fees and all amendments
thereto.
P.
Any
legislation adopted subsequent to July 18, 1988.
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 Suffern 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 Suffern by impressing thereon the Seal of the Village of Suffern,
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 Suffern," 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 Suffern 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 Suffern 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 Suffern, or who alters or tampers with
such Code in any manner whatsoever which will cause the legislation
of the Village of Suffern 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 Suffern, 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 have been added or amended; §§ 32-1, 36-2, 57-7, 73-1, 73-2, 73-3B, 96-10, 122-4, 127-4, 127-6, 127-8, 146-6E, F, G and H, 146-7B, 158-7, 193-2, 193-3G and H, 193-4, 193-6A, 193-7, 224-2, 224-3, 224-4B and C, 224-5A, C and D, 231-2, 235-6, 235-9, 248-6, 261-11 and 261-13.
The following original sections were deleted: §§ 13-2
and 13-3 of Ch. 13 of the 1971 Code and § 13A-3 of Ch. 13A
of the 1971 Code.
The following fees sections were added or amended: §§ 77-2, 77-3B, 77-4, 146-7C, 220-7, 220-8, 220-20B(1), 224-4B, 226-3A, 226-8C, 231-13, 235-15, 248-7, 248-11B, 248-15B, 261-3B, 261-13, 261-24A and 261-25.
The following penalty sections were added or amended: §§ 73-6, 77-8, 81-4, 93-8A, 100-6, 113-5, 127-9, 141-8, 150-9, 154-6, 162-16, 168-16, 185-4, 189-6, 193-8, 197-4, 226-9, 231-14, 235-2, 235-10, 235-30, 248-32, 261-23A and 261-31.
A complete description of these changes is on file in the
office of the Village Clerk.
[Amended 12-4-2017 by L.L. No. 8-2017; 8-9-2021 by L.L. No. 6-2021]
Except where specifically provided elsewhere, any person found
guilty of a violation of any provision of the Code of the Village
of Suffern shall, upon conviction or a plea of guilty, be punished
by a fine up to $2,500. Any person found guilty of a second offense
of the Code of the Village of Suffern within 18 months of the date
of the first conviction or plea of guilty shall be punished by a fine
of not less than $2,500 and not more than $5,000. Any person found
guilty or pleading guilty to a third offense of any provision of the
Code of the Village of Suffern within 18 months of the date of the
second conviction or plea of guilty shall be punished by a fine of
not less than $10,000 and not more than $15,000. Each week's continued
violation shall constitute a separate additional violation hereunder.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
