CHAPTER 1

GENERAL PROVISIONS

§ 1.1 Title

This codification of enactments whether formerly ordinances or local laws or new enactments are and are intended to be a complete compilation of all local laws of a general nature effective in the Incorporated Village of Mineola, in the County of Nassau and State of New York and are and shall be known and may be cited as the "Incorporated Village of Mineola Municipal Code."*

§ 1.2 Definitions

A. Specific terms.

When used in this Code, unless otherwise expressly stated or unless the context or subject matter otherwise requires:

1. "Assessor", "Village Assessor" or "Board of Assessors" means one of or all of the members of the Board of Assessors of the Incorporated Village of Mineola in the County of Nassau and State of New York.

2. "Attorney" or "Village Attorney" means the Village Attorney of the Incorporated Village of Mineola, New York or an attorney or firm of attorneys retained by the Village to perform legal services for the Village normally performed by a Village Attorney.

3. "Board of Appeals" or "Zoning Board of Appeals" shall mean the "Zoning Board of Appeals of the Incorporated Village of Mineola" in the County of Nassau and State of New York.

4. "Board of Ethics" means the Board of Ethics of the Incorporated Village of Mineola, New York.

5. "Board of Trustees", "Village Board", or "Board" means the Board of Trustees of the Incorporated Village of Mineola, New York.

6. "Building Inspector" or "Senior Building Inspector" means an Enforcement Officer appointed by the Mayor subject to approval of the Board of Trustees including the Mayor to enforce certain provisions of the Municipal Code as specified in Chapter 3 entitled "Enforcement Officers" of this Code.

*Certain Chapter numbers have been reserved for future enactments.

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7. "Clerk". See County Clerk and Village Clerk.

8. "Clerk‑Treasurer" means the Village Clerk-Treasurer of the Incorporated Village of Mineola, New York which position was consolidated pursuant to the Village Law § 3‑301(2) to perform the duties and function of both the Village Clerk and Village Treasurer.

9. "Code" or "this Code" or "Municipal Code" unless otherwise specifically qualified means the "Municipal Code of the Incorporated Village of Mineola, New York."

10. "Code Enforcement Officer" means a certain Enforcement Officer appointed by the Mayor subject to approval of the Board of Trustees including the Mayor to enforce certain provisions of the Municipal Code as specified in Chapter 3 entitled "Enforcement Officers" of this Code.

11. "Conservation Advisory Council" means the Conservation Advisory Council of the Incorporated Village of Mineola, New York established pursuant to Section 239-x of the General Municipal Law.

12. "County" means the County of Nassau in the State of New York.

13. "County Clerk" means the County Clerk of the County of Nassau in the State of New York.

14. "Ecology Committee" means the Ecology Committee of the Incorporated Village of Mineola, New York.

15. "Engineer". See Village Engineer.

16. "Examining Board of Plumbers" means the Examining Board of Plumbers of the Incorporated Village of Mineola, New York.

17. "Fire Chief" or "Chief of the Fire Department" means the Fire Chief of the Incorporated Village of Mineola, New York.

18. "Health Department" means the Nassau County Department of Health.

19. "Library Board" means the Library Board of the Incorporated Village of Mineola, New York established pursuant to Article 5 of the Education Law.

GENERAL PROVISIONS § 1.2

20. "Licensing Officer" means the Mayor of the Incorporated Village of Mineola, New York unless he or she designates another Village Officer pursuant to Village Law § 4‑400(1)[m].

21. "Mayor" means the Mayor of the Incorporated Village of Mineola, New York.

22. "Municipal Code" means the Incorporated Village of Mineola Municipal Code.

23. "Owner" means a person who has the legal title, alone or with another, or exercises dominion or control over property both real and personal.

24. "Parks Supervisor" means the Parks Supervisor of the Incorporated Village of Mineola, New York.

25. "Person" means one or more persons of either sex, natural persons, corporations, partnerships, associations, joint stock companies, societies and all other entities capable of being sued.

26. "Planning Board" means the Planning Board of the Incorporated Village of Mineola, New York, established by the Board of Trustees pursuant to Village Law § 7‑718.

27. "Police Department" means the Nassau County Department of Police.

28. "Pool Board" means the Pool Board of the Incorporated Village of Mineola, New York.

29. "Sanitation Supervisor" means the Sanitation Supervisor of the Incorporated Village of Mineola, New York.

30. "State" means the State of New York.

31. "Superintendent of Public Works" means the Village Official in charge of water, sewer, parks, light and other public works functions in the Incorporated Village of Mineola in the County of Nassau and State of New York.

32. "Tenant" means 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

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occupies same as a tenant.

33. "Trustee" means a Trustee of the Incorporated Village of Mineola, New York.

34. "Village", "This Village" or "Village of Mineola" means the Incorporated Village of Mineola in the County of Nassau and State of New York.

35. "Village Assessor". See Assessor.

36. "Village Attorney". See Attorney.

37. "Village Clerk" means the Clerk-Treasurer of the Incorporated Village of Mineola, New York while performing the duties of a Village Clerk.

38. "Village Engineer" means a licensed professional engineer of the State of New York or an engineering firm retained by the Village to provide engineering services.

39. "Village Justice" means the Village Justice of the Incorporated Village of Mineola, New York.

40. "Village Treasurer" means the Clerk-Treasurer of the Incorporated Village of Mineola, New York while performing the duties of a Village Treasurer.

41. "Water Supervisor" or "Water Plant Operation Supervisor" means the Water Plant Operation Supervisor of the Incorporated Village of Mineola, New York.

42. "Zoning Board of Appeals". See Board of Appeals.

B. Applicability of 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 Incorporated Village of Mineola, New York" were added

GENERAL PROVISIONS § 1.5

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.

§ 1.3 Rules of construction

1. Words used in the present tense include the future tense.

2. The singular number includes the plural.

3. 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.

§ 1.4 Repeal of prior ordinances and local laws

All ordinances and local laws of a general nature which were heretofore in existence in the Incorporated Village of Mineola, New York, before the adoption of this Code and not included in this codification are hereby repealed. The repeal of all prior ordinances and local laws shall not affect any punishment or penalty incurred, nor shall it have any effect on existing litigation and it shall not operate as an abatement of any action or proceeding now pending or which may be brought by virtue of the ordinance or local law or part thereof so repealed for any violation or act committed prior to the effective date of the repeal unless specifically abated.

§ 1.5 Repeal of Chapters contained in the Code

A. The repeal of a Chapter, in whole or in part, contained in this Code, shall not revive any prior ordinance or local law heretofore repealed.

B. The repeal of any Chapter, in whole or in part, contained in this Code shall not affect any punishment or penalty incurred, nor shall it have any effect on existing litigation and it shall not operate as an abatement of any action or proceeding now pending or

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which may be brought by virtue of the Chapter or part thereof so repealed for any violation or act committed prior to the effective date of the repeal unless specifically abated.

§ 1.6 Effect of invalidity

If any provision of this Municipal Code or the application thereof to any person or circumstances shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered, and shall not affect or invalidate the remainder of any provision of any section, article or chapter or the application of any part thereof to any other person or circumstances and to this end the provisions of this Municipal Code are hereby declared to be severable.

§ 1.7 Unlawful alteration of Code

It shall be unlawful for any person to wilfully misrepresent the provisions of this Code by altering or changing any of the provisions herein, inserting or deleting pages, or by any other manner whatsoever.

§ 1.8 Annotations and material contained in brackets

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.

§ 1.9 Conflict with other provisions

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 higher standards shall govern unless a contrary intent is expressly stated.

§ 1.10 Penalty when not otherwise prescribed

A. When no specific penalty is prescribed in any Chapter contained in this Code, rule or regulation of the Village, or in

GENERAL PROVISIONS § 1.12

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. Such violations shall, upon conviction, be punishable by a fine of not more than Two Hundred Fifty ($250.00) Dollars or imprisonment of Fifteen (15) days, or both.

B. Any person who shall violate any provision of Chapters 15, 17, 24, 26, 27, 28, 29, 33, 35, 36, 44, 45, 46, 52, 54, 65, 68, 72 shall, upon conviction, be guilty of a violation punishable by a fine of not more than One Thousand ($1,000.00) Dollars or imprisonment of not more than fifteen (15) days, or both. A conviction of a second violation of such provision, both of which were committed within a period of five (5) years, shall be punishable by a fine of not more than Three Thousand ($3,000.00) Dollars or imprisonment of not more than fifteen (15) days, or both. The conviction of a third or subsequent violation of such provision, all of which were committed within a period of five (5) years, shall be punishable by a fine of not more than Five Thousand ($5,000.00) Dollars or imprisonment of not more than fifteen (15) days, or both.

C. In all cases, the Board of Trustees may enforce obedience of any provisions of this Code by injunction. [§ 1.10 amd. LL #1, 1/5/2000.]

§ 1.11 Failure of officers or employees to perform duties

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.

§ 1.12 Deputies, assistants and representatives

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.

*For traffic violations, see V & T L §§ 1800, 1801, 1180(f). For corporate fines, see Penal L § 80.10.

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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.

§ 1.14 Supersession of Village Law

In case any provision of the Incorporated Village of Mineola Municipal Code is inconsistent with any provision of the Village Law, pursuant to the authority contained in Subdivision 1, Paragraph (e), subparagraph [3] of Section 10 of the Municipal Home Rule Law, the Village Law is modified and superseded in its application to the Incorporated Village of Mineola to the extent and only to the extent that the Village Law is inconsistent with any provision of the Incorporated Village of Mineola Municipal Code.

§ 1.15 Interpretation

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.

References:

Application of Gen Const L to municipal enactments. Gen Const § 110. Village of Bronxville v Francis, 206 Misc 339, mod. on other grds, 1 AD2d 236, affd 1 NY2d 839.

Authority to enact Code. Vil L § 4-412(1)

Conflict with State law. "Municipal corporations have only such powers as are delegated to them by the State". Brookhaven v Suf. Mead. Racing, 76 Misc2d 175, 176. See also Floyd v NYS Urban Development Corp., 33 NY2d 1.

Fines and penalties; disposition of. Vil L § 4-411.

Jury trial, not entitled to for "violation". People v Bonnerwith, 69 Misc2d 516.

Meaning of terms. Gen Const L § 10 - 61.

Offenses and violations defined. Penal L § 10.00

Penalties. People v Fremd, 41 NY2d 372.

"Civil and criminal remedies are not mutually exclusionary." People v Hacker, 76 Misc2d 610, 613.

corporate fine. Where no corporate fine is specified, sentence to be imposed is set forth in Penal Law § 80.10(1). People v Great A & P Tea Co., 36 NY2d 345.

Police power. Where there is found a rational basis for legislative choice, the presumption of constitutionality cannot be overcome. Unless there is no justification on "any state of facts", the legislation must stand. Town of Hempstead v Goldblatt, 9 NY2d 101, aff'd 369 US 590, 8 L.Ed. 2d 130, 82 SC 987.

Power to supersede Village law by local law. Mun HRL § 10(1)[ii(e)(3)].

Powers to enact legislation. "A town is a creature of the State Legislature and has only such powers and authority as the Legislature grants by statute and no more (People v Scott, 26 NY2d 286, 289; Matter of Perry v Town of Cherry Val., 307 NY 427, 430; Holroyd v Town of Indian Lake, 180 NY 318, 322)." Town of North Hempstead v Vil of North Hills, 78 Misc2d 54; Mtr of Hansell v City of Long Beach, 61 AD2d 84. See, however, Municipal Home Rule Law § 10(1)[ii(e)(3)] which authorizes the amendment or supersession of the Village Law relating to the property, affairs or government of the Village. See also Stat Loc Govt.

Repeal, effect of. Gen Const L §§ 90, 92, 93.

effect on references. Gen Const L § 80.

pending actions and proceedings. Gen Const L § 94.

Substantial re-enactments, construction and effect; construed as continuation. Gen Const L § 95.

Supersession of state law; must state intention definitely and explicitly. Kamhi v Town of Yorktown, 1989, 74 NY2d 423.

Title and headnotes. Gen Const L § 81.

Traffic and vehicles, penalties. V & T L §§ 1800, 1801, 1180(f).

Village Penalties.

cumulative. Vil L § 20-2006(1)[a] does not permit cumulative penalties. Vil Southhampton v

Platt, 43 NY2d 848.