Chapter 1

GENERAL PROVISIONS

ARTICLE 1

Adoption of Code

§ 1-1. Legislative intent.
§ 1-2. Distribution of local laws, ordinances and resolutions.
§ 1-3. Repeal of enactments not included in Code.
§ 1-4. Enactments saved from repeal; matters not affected.
§ 1-5. Severability.
§ 1-6. Copy of Code on file.
§ 1-7. Amendments to Code.
§ 1-8. Code book to be kept up-to-date.
§ 1-9. Sale of Code book; supplementation.
§ 1-10. Penalties for tampering with Code.
§ 1-11. Changes in previously adopted legislation
§ 1-12. Incorporation of provisions into Code.
§ 1-13. When effective.

ARTICLE II

Legislation Enacted During Codification

[HISTORY: Adopted by the Board of Trustees of the Village of Windsor: Art. I, 9-22-87 as L.L. No. 2-1987. Amendments noted where applicable.]

ARTICLE I

Adoption of Code

[Adopted 9-22-87 as L.L. No. 2-1987]

Be it enacted by the Board of Trustees of the Village of Windsor as follows:

§ 1-1. Legislative intent.

The local laws and ordinances of the Village of Windsor referred to in § 1-2 of this local law shall be known collectively as the “Code of the Village of Windsor,” hereafter termed the “Code,” and the various parts and sections of such local laws and ordinances shall be distributed and designated as provided and set forth in § 1-2 of the local law.

§ 1-2. Distribution of local laws, ordinances and resolutions.

Derivation Table

(Sections providing for severability of provisions, repeal of conflicting legislation and effective dates which are covered by provisions of this local law have been omitted from the Code, and such sections are indicated as “omitted” in the table which follows.)

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

All local laws and ordinances of a general and permanent nature of the Village of Windsor 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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, 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 Windsor 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 Windsor, 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 Windsor.

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

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

F. Any local law of the Village of Windsor 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 Windsor or other instruments or evidence of the village’s indebtedness.

G. Local laws, ordinances or resolutions 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. Any legislation relating to vehicles and traffic.

L. All legislation adopted subsequent to January 6, 1987.

§ 1-5. Severability.

If any clause, sentence, paragraph, section, Article or part of this local law or of any local law or ordinance cited in the table in § 1-2 hereof, or any local law or resolution included in this Code through supplementation, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair in 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.

§ 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 Windsor 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 Windsor by impressing thereon the Seal of the Village of Windsor, 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.

§ 1-7. Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the local laws or ordinances known collectively as the “Code of the Village of Windsor,” 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 Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Windsor 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 or local laws or resolutions until such changes or 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 Clerk of the Village of Windsor upon the payment of a fee to be set by resolution of the Board of Trustees which 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 Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Windsor, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Windsor 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 ($250.) or imprisonment for a term of not more than fifteen (15) days, or both.

§ 1-11. Changes in previously adopted legislation.

A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Windsor, as distributed and designated i in the table in § 1-2 hereof, 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 (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 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.)

§ 1-12. 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 Windsor, 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 complete new local laws were approved by the Board of Trustees for inclusion in the Code of the Village of Windsor. Such amendments and new enactments are noted in the histories of individual chapters as “… adopted during codification; see Ch. 1, General Provisions, Art.II.” In accordance with required statutory provisions, these amendments and new enactments will be adopted separately and are presently proposed before the Board of Trustees for that purpose. 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.]

*Editor’s Note: Pursuant to 1-11B, the following sections, Articles or chapters were added or amended. A complete description of the changes made is on file in the office of the Village Clerk. Sections, Articles or chapters added or amended: 52-5, 52-6, 67-9, 80-1A and C, 80-2B, 80-5, 80-9, 80-10A(1), 80-15C, 82-4, 90-3, 90-4, 93-1B, 93-2F and H, 93-7, Ch. 112, 143.3m 143-5, 143-6, 1438, Art. V of Ch. 143, 159-5, 162-1, 162-5, 168-3A, 168-6, 168-7, 168-10, Arts, VI and VII of Ch. 168, 173-4, 182-7A, 182-21B, 182-22, 183-24, 182-26C, 194-2, 194-26, 194-28B, 194-30B, 200-19, 200-28, 200-42A and 200-54.

Chapter / Article	Local Law Number	Adoption Date
Ch. 67, Building Construction and Fire Prevention, Art. II, Administration and Enforcement of Standards	3-1987	9-22-87
Ch.107, Garbage, Rubbish and Refuse, Art. I, General Regulations	4-1987	9-22-87
Ch. 188, Vehicles and Traffic	5-1987	9-22-87