[Adopted 10-3-1981 by L.L. No. 7-1981]
This article shall be known and may be cited as the "General Construction
Law of the Incorporated Village of New Hyde Park."
It is hereby declared to be the policy of the Village Board of Trustees
to provide for a general law defining certain terminology, words and phrases
used in the several local laws, ordinances, rules and regulations of the village
where such terminology, words or phrases are not otherwise defined in the
text of such legislative enactments and to provide uniform penalties for violations
of and offenses against village laws, ordinances, codes, regulations, rules
and resolutions whenever penalties therefor are not provided in the text of
such legislative enactments. It is the intention of the Board, in enacting
this article, to effectuate the foregoing policies and to provide minimum
standards for the construction and interpretation of local legislative enactments
and the institution of uniform penalties in the absence of a specific intent
to modify language or adopt particular sanctions in a given legislative text.
In the construction and interpretation of any local law, ordinance,
rule or regulation, resolution, code or other legislative enactment of the
Incorporated Village of New Hyde Park, the following rules and definitions
shall be observed unless such construction would be inconsistent with provisions
manifested in the text of any such enactments or would be contrary to the
manifest intent of the Village Board of Trustees:
A.
BENEVOLENT ORGANIZATION
BOARD
BUREAU OF FIRE PREVENTION
CHARITABLE ORGANIZATION
COMPUTATION OF TIME
CORPORATE LIMITS, CORPORATION LIMITS OR VILLAGE LIMITS
COUNTY
DELEGATION OF AUTHORITY
FIRE DEPARTMENT
INTERPRETATION
JOINT AUTHORITY
KEEPER OR PROPRIETOR
MAYOR
MONTH
OATH
OWNER
PERSON
PERSONAL PROPERTY
POLICE DEPARTMENT
PRECEDING; FOLLOWING
PREMISES
PROPERTY
PUBLIC PLACE
REAL PROPERTY
RELIGIOUS ORGANIZATION
SEAL
SIDEWALK
SIGNATURE OR SUBSCRIPTION
STATE
STREET
TENANT, OCCUPANT OR LESSEE
TOWN
TRUCK TRAILER
TRUSTEE
VILLAGE BOARD OF TRUSTEES
VILLAGE; CORPORATION
WEEK
WRITTEN; IN WRITING
YEAR
Definitions. As used in this Code, the following terms
shall have the meanings indicated:
Includes any organization, association or corporation lawfully engaged
in philanthropic, humane or charitable purposes and not conducted for the
gain or profit of its members or shareholders.
The Board of Trustees, unless the text otherwise indicates or requires.
The Nassau County Fire Marshal.
Includes any organization, association or corporation not conducted
for gain or profit and having a charitable, eleemosynary or benevolent purpose
for the welfare of the public, or some segment thereof, as its primary purpose.
As provided in § 20 of the New York State General Construction
Law.
The legal boundary of the Village of New Hyde Park.
The County of Nassau in the State of New York.
Whenever a provision appears requiring, permitting or authorizing
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 specifically
require otherwise.
The New Hyde Park Fire District.
In the interpretation and application of any provision of a local
law, ordinance, code, rule or regulation, it shall be held to be the minimum
requirement adopted for the promotion of the public health, safety, comfort,
convenience and general welfare. Where any provision of such law, ordinance
or other enactment of the village imposes greater restrictions upon the subject
matter than the general provisions imposed by this Article, 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 officers
shall be construed as giving such authority to a majority of such persons
or officers.
Includes persons, firms, associations, corporations, clubs and partnerships,
whether acting by themselves or through a servant, agent or employee.
The Mayor of the Village of New Hyde Park, and where an ordinance
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
Deputy Mayor in the absence or inability of the Mayor or any member of the
Board of Trustees 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.
Includes 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."
Applied to a building or land, includes any part owner, lessor, joint
owner, tenant in common, tenant in partnership, joint tenant or tenant by
the entirety, mortgagee in possession, fiduciary, committee, lessee for term
of years and any other person having an estate or interest of the whole or
of a part of such building or land.
Extends and is applied to associations, clubs, societies, firms,
corporations, partnerships and bodies politic and corporate, as well as to
individuals, and all other entities capable of being sued.
Includes every species of property except real property, as herein
described.
The Nassau County Police Department.
Next before and next after, respectively.
Place or places.
Includes real and personal property.
Any park, field, cemetery and all streets and parking fields and
premises owned by the village.
Includes lands, tenements, hereditaments and appurtenances.
Includes any organization, association or corporation duly created
or formed for religious purposes, worship or observances.
The Village or Corporate Seal.
Any portion of a street between the curbline or edge of the road
or street and the adjacent property line intended for the use of pedestrians.
The Board may, from time to time, determine the width of a "sidewalk."
Includes a mark or stamp when the person cannot write or sign his
name.
The State of New York.
Includes but shall not be limited to streets, avenues, boulevards,
roads, alleys, lanes, viaducts and all other public highways in the village.
A "street" shall be a minimum of 50 feet in width between property lines.
Applied to a building or land, includes any person holding a written
or oral lease or who occupies the whole or a part of such building or land,
either alone or with others.
The Town of Hempstead as to that portion of the village in that town,
and the Town of North Hempstead as to that portion of the village in that
town.
Any trailer originally manufactured or used for the hauling of merchandise.
Any person elected or appointed to that office.
The Board of Trustees of the Village of New Hyde Park, consisting
of the Mayor and four Trustees.
Whenever the words "the village," "this village," "the corporation"
or "this corporation" are used, they shall be construed as if the words "of
New Hyde Park, New York," followed them.
Seven days.
Includes any representation of words, letters or figures in English,
whether by printing or otherwise.
The calendar year.
B.
Word usage.
(1)
Generally. The provisions of this Code shall be liberally
construed to effect the purposes expressed therein or implied from the expression
thereof. In case of doubt or ambiguity in the meaning of such provisions,
the general shall yield to the particular. Reference for interpretation and
construction shall tend to further the accomplishment of the elimination of
the particular mischief for which the provisions were enacted. Words shall
be construed in their common and usual significance unless the contrary is
clearly indicated.
(2)
Gender. 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.
(3)
Name of officer. Whenever the name of an officer is given,
it shall be construed as though the words "of the Village of New Hyde Park"
were added.
(4)
Nontechnical and technical words. Words and phrases shall
be construed according to the common and approved usage of the language, but
technical words and phrases and such others as may have acquired a peculiar
and appropriate meaning in law shall be construed and understood according
to such meaning.
(5)
Number. 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.
(6)
Or; and. "Or" may be read "and," and "and" may be read
"or," if the sense requires it.
(7)
Tense. Words used in the past or present tense include
the future as well as the past and present.
A.
Except as may be specifically provided for in the text
of a local law or ordinance, the repeal of a local law or ordinance shall
not revive any local law or ordinance in force before or at the time the local
law or ordinance repealed took effect.
B.
The repeal of a local law or ordinance shall not affect
any punishment or penalty incurred before the repeal took effect, nor any
suit, prosecution or proceeding pending at the time of the repeal, for an
offense committed or cause of action arising under the local law or ordinance
repealed unless the local law or ordinance otherwise provides.
[1]
Editor's Note: Former § 1-20, Penalties for offenses,
as amended, was repealed 11-16-1999 by L.L. No. 4-1999. See now Art. IIA of
this chapter.
