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HomeMy WebLinkAboutLocal Law 5 of 2019VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD • ITHACA • NY • 14850 (60 7) 257-1238 • FAX: (607) 25 7-49 10 October 21, 2019 New York State Department of State Division of Corporations State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 Enclosed is a copy of Local Law 5 of 2019 A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE VILLAGE OF CAYUGA HEIGHTS INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF CAYUGA HEIGHTS" Please contact me if you have any questions. Thank you. Sincerely, C'effreyy D. Walker Village Clerk Police Dept. & Village Administration OFFICE HOURS 9 AM — 4:30 PM www.cayuga-heights.ny, us Local Law Filing ❑ County ❑ City 0 Town (Select one.) of Village of Cavuea Heights Local Law No. 5 of the year 2019 New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 1223 1 -0001 www.dos.state.nv.uslcoms 0 Village A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE VILLAGE OF CAYUGA HEIGHTS INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF CAYUGA HEIGHTS" Be it enacted by the Board of Trustees (Name of Legislative Body) ❑ County ❑ City 0 Town (Select orae) of Villaue of Cavuza heights See Attached Pages 3-7 x I Village of the as follows: N LOCAL, LAW 5 OF 2019 Adoption of Code (1) States the legislative intent of the Board of Trustees in adopting the Code. (2) Provides for the designation of the local laws, ordinances and certain resolutions of the Village of Cayuga Heights as the "Code of the Village of Cayuga Heights." (3) Repeals local laws and ordinances of a general and permanent nature not included in the Code, except as provided otherwise. (4) Saves from repeal certain local laws and ordinances and designates certain matters not affected by repeal. (5) Retains the meaning and intent of previously adopted legislation. (6) Provides for the filing of a copy of the Code in the Village Clerk's office. (7) Provides for certain changes in or additions to the Code. (8) Prescribes the manner in which amendments and new legislation are to be incorporated into the Code. (9) Requires that Code books be kept up-to-date. (10) Provides for the sale of Code books by the Village and the supplementation thereof. (11) Prohibits tampering with Code books, with offenses punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. (12) Establishes severability provisions with respect to the Code generally. (13) Provides that the local law will be included in the Code as Chapter 1, Article I. Copies of the local law described above and of the Code proposed for adoption thereby are on file in the office of the Village Clerk of the Village of Cayuga Heights, where the same are available for public inspection during regular office hours. PLEASE TAKE FURTHER NOTICE that all interested persons will be given an opportunity to be heard on said proposed local law at the place and time aforesaid. NOTICE IS HEREBY GIVEN, pursuant to the requirements of the Open Meetings Law of the State of New York, that the Board of Trustees of the Village of Cayuga Heights will convene in public meeting at the place and time aforesaid for the purpose of conducting a public hearing on the proposed local law described above and, as deemed advisable by said Board, taking action on the enactment of said local law. § 1-1. Legislative intent. In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Cayuga Heights, as codified by General Code, and consisting of Chapters 1 through 305, shall be known collectively as the "Code of the Village of Cayuga Heights," hereafter termed the "Code." Wherever reference is made in any of the local laws and resolutions contained in the "Code of the Village of Cayuga Heights" to any other local law 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 or resolution had been formally amended to so read. § 1-2. Continuation of existing provisions. The provisions of the Code, insofar as they are substantively the same as those of local laws 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 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 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 Cayuga Heights, 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 § 1-3 below. § 1-3. Repealer. A. Repeal of inconsistent enactments. Except as provided in § 1-4, "Enactments saved from repeal; matters not affected," below, all local laws, or parts of such local laws, 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 § 1-13; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Village of Cayuga Heights 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 Cayuga Heights has determined that the following local laws are no longer in effect and hereby specifically repeals the following legislation: (1) Local Law No. 2-1976, Plumbing, adopted 11-12-1976. (2) Local Law No. 3-1990, Bicycles. § 1-4. Enactments saved from repeal; matters not affected. The repeal of local laws provided for in § 1-3 of this Iocal law shall not affect the following classes of local laws, 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 Cayuga Heights 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 Cayuga Heights or any penalty, punishment or forfeiture which may result therefrom. C. Any prosecution, indictment, action, suitor 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 Cayuga Heights. m D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Cayuga Heights. E. Any local law of the Village of Cayuga Heights 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 Cayuga Heights or any portion thereof. F. Any local law of the Village of Cayuga Heights 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 Cayuga Heights or other instruments or evidence of the Village's indebtedness. G. Local laws 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. 1. The annexation or dedication of property. J. Any local law relating to salaries and compensation. K. Any local law amending the Zoning Map. L. Any local law relating to or establishing a pension plan or pension fund for Village employees. M. Any local law or portion of a local law establishing a specific fee amount for any license, permit or service obtained from the Village. N. Any currently effective sewer rent rate or charge. O. Any local law adopted subsequent to April 1, 2019. § 1-5. Severability. If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law 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. § 1-6. Copy of Code on file. A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Cayuga Heights 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 Cayuga Heights by impressing thereon the Seal of the Village of Cayuga Heights, 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. 5 § 1-7. Amendments to Code. Any and all additions, deletions, amendments or supplements to any of the local laws and resolutions known collectively as the "Code of the Village of Cayuga Heights" 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 or resolution contained herein, and such local laws or resolutions may be amended, deleted or changed from time to time as the Board of Trustees deems desirable. § 1-8. Code book to be kept up-to-date. It shall be the duty of the Village CIerk to keep up-to-date the certified copy of the book containing the Code of the Village of Cayuga Heights 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. § 1-9. Sale of Code book; supplementation. 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. § 1-10. Penalties for tampering with Code. Any person who alters or tampers with the Code of the Village of Cayuga Heights in any manner whatsoever which will cause the legislation of the Village of Cayuga Heights 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. § 141. Changes in previously adopted legislation; new provisions. A. In compiling and preparing the local laws and resolutions for publication as the Code of the Village of Cayuga Heights, no changes in the meaning or intent of such local laws 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 and resolutions had been previously formally amended to read as such. B. In addition, the amendments and/or additions asset forth in Schedule A attached hereto and made apart 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 and resolutions as they have been renumbered and appear in the Code_) C.7 § 1-12. Incorporation of provisions into Code. The provisions of this local law are hereby made Article I of Chapter I of the Code of the Village of Cayuga Heights, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered §§ I- 1 to 1-13, inclusive. § 1-13. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. 7 I hereby certify that the local law annexed hereto, designated as focal law No. 5 of 2019 of the Village of Cayuga Heights was duly passed by the Board of Trustees on October 21, 2019 in accordance with the applicable provisions of law. (SEAL_) STATE OF NEW YORK COUNTY OF TOMPKINS Clerk of the"Village Ca-yuga Heights Date: October 21, 2019 I, the undersigned, hereby certify that the foregoin iocal law contains the correct text and that all proper proceedings have been had or taken for the enact ent of th local law annexed hereto. Signature Village Attornev Title Village of Cavuaa Heights Date: October 21, 2019