Chapter 1

Chapter 1

GENERAL PROVISIONS

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia: Art. I, 12-9-1996 by L.L. No. 8-1996. Amendments noted where applicable.]

ARTICLE I

Adoption of Code

[Adopted 12-9-1996 by L.L. No. 8-1996]

~ 1-1. Legislative intent.

In accordance with Subdivision 3 of ~ 20 of the Municipal Home Rule Law, the Charter and local laws, ordinances and certain resolutions of the Village of Fredonia, as codified by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 305, together with an Appendix, shall be known collectively as the “Code of the Village of Fredonia,” hereafter termed the “Code.” Included as a part of the Code is the Charter of the Village of Fredonia enacted by the New York State Legislators by Chapter 480 of the Laws of 1894, as amended to date. The Charter of the Village of Fredonia shall continue to be known as and referred to as the “Charter of the Village of Fredonia.” No new enactments have been made to the Charter by this local law. However, Section 6 of Article II of the Charter is corrected to conform to Local Law No. 1-1994, which amended the Charter to provide for a four-year term for the Mayor and Board of Trustees, and which was approved by public referendum. In any of the local laws, ordinances and resolutions contained in the “Code of the Village of Fredonia” if reference is made to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to refer to said other local law, ordinance or resolution by its appropriate chapter title, chapter number, Article number or section number as such have been assigned in the codification. Said change shall be made as if such local law, ordinance 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, 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 Fredonia, 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.

~ 1-3. Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Village of Fredonia 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.

~ 1-4. Enactments saved from repeal; matters not affected.

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 Fredonia 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 Fredonia 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 Fredonia.

D.        Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Fredonia.

E.         Any local law or ordinance of the Village of Fredonia 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 Fredonia or any portion thereof.

F.         Any local law or ordinance of the Village of Fredonia 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 Fredonia 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 annexation or dedication of property.

J.         Any legislation relating to salaries

K.        Any local law or ordinance amending the Zoning Map.

L.         All vehicle, traffic and parking legislation.

M.       Any legislation adopted subsequent to January 10, 1994.

N.        Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

~ 1-5. Severability

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

~ 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 Administrator\Clerk of the Village of Fredonia 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 Administrator\Clerk of the Village of Fredonia by impressing thereon the Seal of the Village of Fredonia, and such certified copy shall remain on file in the office of said Village Administrator\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.

~ 1-7. Amendments to Code.

Any and all additions, deletions, amendments or supplements to the Charter and any of the local laws, ordinances and resolutions known collectively as the “Code of the Village of Fredonia” 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.

~ 1-8. Code book to be kept up-to-date.

It shall be the duty of the Village Administrator\Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Fredonia required to be filed in the office of the Village Administrator\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.

~ 1-9. Sale of Code book; supplementation.

Copies of the Code may be purchased from the Village Administrator\Clerk of the Village of Fredonia 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.

~ 1-10. Penalties for tampering with Code.

Any person who, without authorization from the Village Administrator\Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Fredonia or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Fredonia 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 two hundred fifty dollars ($250.) or imprisonment for a term of not more than fifteen (15) days, or both.

~ 1-11. Changes in previously adopted legislation; new provisions.

A.        In compiling and preparing the Charter, local laws, ordinances and resolutions for publication as the Code of the Village of Fredonia, no changes in the meaning or intent of such Charter, 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 (1) 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 amendments and/or additions 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

~ 1-12. Incorporation of provisions into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Fredonia, such local law to be entitled “General Provisions, Article I, Adoption of Code,” and the sections of this local law shall be numbered ~~ 1-1 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.

ARTICLE II

Legislation Enacted During Codification

[During the process of codification, certain new pieces of legislation or changes and/or additions to various existing pieces of legislation were approved by the Board of Trustees for inclusion in the Code of the Village of Fredonia. Such amendments and new enactments are noted in the histories of individual chapters as “… adopted during codification; see Ch. 1, General Provisions, Art. II.” Upon final enactment, a complete enumeration of all chapters and sections in the Code involved in such enactments will be included in this Article, along with specific dates of adoption.]

Adoption

Chapter/Article                              Date                         Legislation

Ch. A312, Fees           12-9-1996       Resolution

[1] Editor’s Note: In accordance with ~ 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 12-9-1996 by L.L. No. 8-1996.” A complete description of all changes is on file in the village offices.