A local law requiring the Tuckahoe Urban Renewal Agency to pay moneys in lieu of taxes to the Village of Tuckahoe and the Town of Eastchester.
Be it enacted by the Board of Trustees of the Village of Tuckahoe, New York, as follows:
§ 1. [Required to pay moneys in lieu of taxes.]
The Tuckahoe Urban Renewal Agency is hereby required to pay to the Village of Tuckahoe and the Town of Eastchester including the Town of Eastchester's share of the Westchester County tax, judicial tax and Eastchester School District No. 2 tax and Eastchester fire district tax, such sum or sums of money in lieu of taxes on all properties acquired by said Tuckahoe Urban Renewal Agency as may be properly paid under the provisions of § 555(b) of the General Municipal Law of the State of New York. (L.L. No. 1-1968, § 1)
§ 2. [Effective date.]
This act [local law] shall take effect April 1, 1968. (L.L. No. 1-1968, § 2)
A local law establishing the office of police captain within the police department of the Village of Tuckahoe, New York.
Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows:
§ 1. [Village Law amended.]
Section 199-m of the Village Law as added by L. of 1939, C. 300, § 1, effective April 14, 1939,EN is hereby amended in its application to the Village of Tuckahoe, New York, to read as follows:
Section 199-m. Police Departments.
The Board of Trustees or municipal board acting as police commissioners of each village of the first, second and third class shall, and of any other village may, instead of appointing policemen for fixed terms, by resolution, establish a police department in such village and appoint a Chief of Police, and such captain and lieutenants of police, sergeants of police, and patrolmen as may be needed, and fix their compensation. The Board of Trustees may submit to the qualified voters of the village at a general or special election a proposition to abolish a police department established pursuant to this section and upon the adoption thereof by a majority of the qualified voters of the village voting upon the proposition, the department shall be deemed abolished. (L.L. No. 1-1969, § 1)
§ 2. [Effective date.]
This section [local law] shall take effect immediately. (L.L. No. 1-1969, § 2)
A local law establishing standards of conduct for officers and employees of the Village of Tuckahoe.
Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows:
§ l. [Purpose.]
Pursuant to the provisions of § 806 of the General Municipal Law, the Board of Trustees of the Village of Tuckahoe recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public conduct is to be maintained in our unit of local government. It is the purpose of this local law to promulgate these rules of ethical conduct for the officers and employees of the Village of Tuckahoe. These rules shall serve as a guide for official conduct of the officers and employees of the Village of Tuckahoe. The rules of ethical conduct of this local law, as adopted, shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. (L.L. No. 1-1970, § 1)
§ 2. Definition.
(a) "Municipal officer or employee" means an officer or employee of the Village of Tuckahoe, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a chief engineer or assistant chief engineer.
(b) "Interest" means a pecuniary or material benefit accruing to a municipal officer or employee unless the context otherwise requires. (L.L. No. 1-1970, § 2)
§ 3. Standards of conduct.
Every officer or employee of the Village of Tuckahoe shall be subject to and abide by the following standards of conduct:
(a) Gifts. He shall not, directly or indirectly, solicit any gift or accept or receive any gift having a value of twenty-five dollars ($25) or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part.
(b) Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest.
(c) Representation before one's own agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.
(d) Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied for compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this paragraph shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.
(e) Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any officer or employee of the Village of Tuckahoe, whether paid or unpaid, who participates in the discussion of or gives official opinion to the Board of Trustees on any legislation before the Board of Trustees, shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation.
(f) Investments in conflict with official duties. He shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his official duties.
(g) Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties.
(h) Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village of Tuckahoe in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration. (L.L. No. 1-1970, § 3)
§ 4. [Liability of village.]
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Village of Tuckahoe or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law. (L.L. No. 1-1970, § 4)
§ 5. Distribution of Code of Ethics.
The Mayor of the Village of Tuckahoe shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village of Tuckahoe within seven (7) days after the effective date of this local law. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. (L.L. No. 1-1970, § 5)
§ 6. Penalties.
In addition to any penalty contained in any other provisions of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. (L.L. No. 1-1970, § 6)
§ 7. Effective date.
This local law shall take effect immediately after it is filed as provided in § 27 of the Municipal Home Rule Law. (L.L. No. 1-1970, § 7)
Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows:
§ 1. [Established.]
There is hereby established a Board of Ethics consisting of three (3) members to be appointed by the Mayor and who shall serve without compensation and at the pleasure of the Mayor. A majority of such members shall be persons other than officers or employees of the Village of Tuckahoe, but shall include at least one member who is an elected or appointed officer or employee of the Village of Tuckahoe. (L.L. No. 2-1970, § 1)
§ 2. [Powers and duties.]
The Board of Ethics shall have the powers and duties prescribed by Article 18 of the General Municipal Law and shall render advisory opinions to the officers and employees of the Village of Tuckahoe with respect to Article 18 of the General Municipal Law and any Code of Ethics adopted pursuant to such Article, under such rules and regulations as the Board may prescribe. In addition, the Board may make recommendations with respect to the drafting and adoption of a Code of Ethics or amendments thereto upon request of the Board of Trustees. (L.L. No. 2-1970, § 2)
§ 3. [Effective date.]
This local law shall take effect upon filing as provided in § 27 of the General Municipal Law. (L.L. No. 2-1970, § 3)
A local law amending Section 90 of the Village Law relating to the enactment, amendment and repeal of ordinances after public hearing and providing for the form, content and recitations of the public notice required if the purpose of the proposed ordinance is to adopt a Code of Ordinances for the Village.
Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows.
§ 1. Section 90 of Village Law amended.EN
Section 90 of the Village Law, derived from Chapter 64 of the Laws of 1909, as amended by Chapter 701 of the Laws of 1936, as it applies to the Village of Tuckahoe is hereby amended to read as follows:
§ 90. Village ordinances.
The Board of Trustees after a public hearing shall have power to enact, amend and repeal ordinances not inconsistent with existing law, for the government of the village, the management of its business, the preservation of good order, peace, health, safety and welfare of its inhabitants and the protection and security of their property whether such authority is specifically granted by this chapter or other law or necessarily implied therefrom.
The Village Clerk shall give notice of such hearing by the publication of a notice in the official newspaper of the village or by posting a notice in at least four public places in the village specifying the time when and the place where such hearing will be held, and in general terms describing the proposed ordinance. If the purpose of the proposed ordinance is to adopt a Code of Ordinances for the village, the public notice required by this section need not describe all existing ordinances which are being amended or repealed by the Code, nor the effect of the amendment nor describe all new ordinances proposed to be added to the Code. It shall be sufficient if the notice of the proposed ordinance merely recites that the purpose is to effect a codification of the ordinances of the village by adopting a Code of Ordinances. Such notice shall be published once or posted at least seven (7) days prior to the day specified for such hearing. (L.L. No. 1-1972, § l)
§ 2. Effective date.
This local law shall take effect immediately. (L.L. No. 1-1972, § 2)
A local law amending Sections 95 and 96 of the Village Law to facilitate and clarify the manner in which village ordinances after adoption or approval by the Board of Trustees shall be published and become effective and to clarify and simplify proof of ordinances by a certificate issued by the village clerk in compliance with the said local law.
Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows:
§ 1. Section 95 of Village Law amended.
Section 95 of the Village Law, derived from Chapter 64 of the Laws of 1909, as amended by Chapter 701 of the Laws of 1936, as it applies to the Village of Tuckahoe is hereby amended to read as follows:
§ 95. When ordinances to take effect.
Every ordinance or amendment of an existing ordinance hereafter adopted or approved by the Board of Trustees of the Village of Tuckahoe shall be entered in its minutes and a copy thereof filed in the office of the Village Clerk, and the title and a brief description of the contents of such ordinance shall be published in the official newspaper of the village once before any such ordinance shall take effect, and an affidavit of such filing and publication shall be filed with the Village Clerk.
Any such ordinance or amendment of an existing ordinance shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Village Clerk under the corporate seal of the village and showing the date of its passage and entry in the minutes. (L.L. No. 2-1972, § 1)
§ 2. Section 96 of the Village Law amended.EN
Section 96 of the Village Law, as added thereto by Chapter 650 of the Laws of 1927, as it applies to the Village of Tuckahoe hereby amended to read as follows:
§ 96. Proof of ordinances.
The certificate of the Village Clerk setting forth that the records of the village show the adoption of one (1) or more ordinances or amendments thereof and the filing of a copy thereof in the office of the Village Clerk, and the publishing of a brief description thereof, as required by this local law, shall be presumptive evidence of its adoption, filing and publication in any action or special proceeding in any court or otherwise. (L.L. No. 2-1972, § 2)
§ 3. Effective date.
This local law shall take effect immediately. (L.L. No. 2-1972, § 3)
A local law of the village relating to the codification of ordinances.
Be it enacted by the Board of Trustees of the Village of Tuckahoe as follows:
§ 1. Authority, scope and purpose.
To coordinate and classify the ordinances of a general and permanent nature of the Village of Tuckahoe, the better to regulate the conduct of its inhabitants and to protect their property, safety and health, the Board of Trustees of said village, after public hearing and from time to time as it deems proper, shall be empowered to compile, revise and codify the ordinances of the Village of Tuckahoe and to make such changes, alterations, modifications, additions, deletions and substitutions therein as it deems best, to the end that a complete Code of Ordinances shall be adopted, containing all of the ordinances of a general and permanent nature of said village, with errors, inconsistencies, repetitions, ambiguities and conflicts eliminated so far as possible. (L.L. No. 3-1972, § 1)
§ 2. Designation, content, effect.
The compilation, revision and codification provided for in Section l hereof shall constitute one ordinance, designated "Code of Ordinances, Village of Tuckahoe, New York." Such ordinance shall embrace all ordinances preserved, changed or added to by such compilation, revision and codification and, except as otherwise provided, shall operate to repeal all ordinances not included therein and all ordinances in conflict therewith or repetitive thereof; provided, however, that all ordinances in force at the time of adoption of such compilation, revision and codification shall remain in full force and effect thereafter, insofar as they involve rights accrued or fines, forfeitures, penalties and liabilities incurred for any act or omission, civil or criminal, occurring prior to the effective date of such compilation, revision and codification. (L.L. No. 3-1972, § 2)
§ 3. Classification, designation, arrangement of provisions.
The ordinances in the compilation, revision and codification provided for in Section 1 hereof shall be classified as to subject matter and shall be designated and arranged in such manner that every section included in such compilation, revision and codification, or to be added thereto, shall be numbered according to the numbering system used throughout said compilation, revision and codification. Under such numbering system each section number shall consist of two (2) component parts separated by a dash, the number preceding the dash referring to and being the chapter number, and the number following the dash, referring to and being the position of the section within the chapter. (L.L. No. 3-1972, § 3)
§ 4. Effective date.
This local law shall take effect immediately. (L.L. No. 3-1972, § 4)
§ 1. Legislative intent.
It is the intent of this local law to officially codify local laws which, while validly enacted, did not amend designated sections of the existing Code of Ordinances or were not designated as new sections of the existing Code of Ordinances. Such local laws have been previously unofficially designated with section numbers by the Municipal Code Corporation in the compilation of the Village Ordinances. All such designations were noted by the Municipal Code Corporation in footnotes in the compilation of Village Ordinances.
§ 2. Official designation of ordinances.
The below listed section numbers and captions, representing the validly enacted local laws as also listed below, are hereby officially designated and included in the Code of Ordinances of the Village of Tuckahoe.
Section Local Law
(1) Sec. 2-12 L.L. No. 2-1978, Secs. 1, 2, 3(1 - 6), 8 & 9
(2) Sec. 5-21 L.L. No. 1-1975, Sec. 1
(3) Sec. 5-22 L.L. No. 1-1975, Sec. 2
(4) Sec. 5-23 L.L. No. 1-1975, Sec. 3
(5) Sec. 5-24 L.L. No. 1-1975, Sec. 4 & L.L. No. 7-1975, Secs. 1 & 2
(6) Sec. 5-25 L.L. No. 1-1975, Sec. 6 & L.L. No. 7-1975, Secs. 3 - 5
(7) Sec. 5-26 L.L. No. 1-1975, Sec. 7
(8) Sec. 5 1/2-1 L.L. No. 2-1975, Sec. 1
(9) Sec. 5 1/2-2 L.L. No. 2-1975, Sec. 50
(10) Sec. 5 1/2-3 L.L. No. 2-1975, Sec. 46
(11) Sec. 5 1/2-4 L.L. No. 2-1975, Sec. 47
(12) Sec. 5 1/2-5 L.L. No. 2-1975, Sec. 45
(13) Sec. 5 1/2-6 L.L. No. 2-1975, Sec. 48
(14) Sec. 5 1/2-7 L.L. No. 2-1975, Sec. 43
(15) Sec. 5 1/2-8 L.L. No. 2-1975, Sec. 44
(16) Sec. 5 1/2-9 L.L. No. 2-1975, Sec. 49
(17) Sec. 5 1/2-16 L.L. No. 2-1975, Sec. 2
(18) Sec. 5 1/2-17 L.L. No. 2-1975, Sec. 3
(19) Sec. 5 1/2-18 L.L. No. 2-1975, Sec. 4
(20) Sec. 5 1/2-19 L.L. No. 2-1975, Sec. 5
(21) Sec. 5 1/2-20 L.L. No. 2-1975, Sec. 6
(22) Sec. 5 1/2-31 L.L. No. 2-1975, Sec. 40
(23) Sec. 5 1/2-32 L.L. No. 2-1975, Sec. 41
(24) Sec. 5 1/2-33 L.L. No. 2-1975, Sec. 42
(25) Sec. 5 1/2-41 L.L. No. 2-1975, Sec. 19
(26) Sec. 5 1/2-42 L.L. No. 2-1975, Secs. 12, 13, 17
(27) Sec. 5 1/2-43 L.L. No. 2-1975, Sec. 11
(28) Sec. 5 1/2-44 L.L. No. 2-1975, Sec. 20
(29) Sec. 5 1/2-45 L.L. No. 2-1975, Sec. 18
(30) Sec. 5 1/2-46 L.L. No. 2-1975, Sec. 24
(31) Sec. 5 1/2-47 L.L. No. 2-1975, Sec. 16
(32) Sec. 5 1/2-48 L.L. No. 2-1975, Sec. 32
(33) Sec. 5 1/2-49 L.L. No. 2-1975, Sec. 30
(34) Sec. 5 1/2-50 L.L. No. 2-1975, Sec. 31
(35) Sec. 5 1/2-51 L.L. No. 2-1975, Sec. 7
(36) Sec. 5 1/2-52 L.L. No. 2-1975, Sec. 14
(37) Sec. 5 1/2-53 L.L. No. 2-1975, Sec. 33
(38) Sec. 5 1/2-54 L.L. No. 2-1975, Sec. 8
(39) Sec. 5 1/2-55 L.L. No. 2-1975, Sec. 28
(40) Sec. 5 1/2-56 L.L. No. 2-1975, Sec. 9
(41) Sec. 5 1/2-57 L.L. No. 2-1975, Sec. 25
(42) Sec. 5 1/2-58 L.L. No. 2-1975, Sec. 29
(43) Sec. 5 1/2-59 L.L. No. 2-1975, Sec. 10
(44) Sec. 5 1/2-60 L.L. No. 2-1975, Sec. 26
(45) Sec. 5 1/2-61 L.L. No. 2-1975, Sec. 21
(46) Sec. 5 1/2-62 L.L. No. 2-1975, Sec. 22
(47) Sec. 5 1/2-63 L.L. No. 2-1975, Sec. 36
(48) Sec. 5 1/2-64 L.L. No. 2-1975, Sec. 27
(49) Sec. 5 1/2-65 L.L. No. 2-1975, Sec. 27
(50) Sec. 5 1/2-66 L.L. No. 2-1975, Sec. 34
(51) Sec. 5 1/2-67 L.L. No. 2-1975, Sec. 35
(52) Sec. 5 1/2-68 L.L. No. 2-1975, Sec. 37
(53) Sec. 5 1/2-69 L.L. No. 2-1975, Sec. 38
(54) Sec. 5 1/2-70 L.L. No. 2-1975, Sec. 15
(55) Sec. 5 1/2-71 L.L. No. 2-1975, Sec. 39
(56) Sec. 6-11 L.L. No. 1-1985, Secs. 2 - 4
(57) Sec. 6-11 L.L. No. 10-1985, Secs. 2 - 4
(58) Sec. 8-71 L.L. No. 2-1981, Art. I, Secs. 1, 2
(59) Sec. 8-72 L.L. No. 2-1981, Art. II, Sec. 1
(60) Sec. 8-73 L.L. No. 2-1981, Art. VI, Sec. 1
(61) Sec. 8-74 L.L. No. 2-1981, Art. VIII, Sec. 1
(62) Sec. 8-75 L.L. No. 2-1981, Art. VI, Secs. 1 - 4, Art. VII, Sec. 1
(63) Sec. 8-76 L.L. No. 2-1981, Art. III, Sec. 1
(64) Sec. 8-77 L.L. No. 2-1981, Art. IV, Sec. 1
(65) Sec. 8-78 L.L. No. 2-1981, Art. IV, Sec. 2
(66) Sec. 8-79 L.L. No. 2-1981, Art. IV, Sec. 3
(67) Sec. 8-80 L.L. No. 2-1981, Art. IV, Sec. 4
(68) Sec. 10-28 L.L. No. 1-1976, Sec. 2
(69) Sec. 10-29 L.L. No. 1-1976, Sec. 3
(70) Sec. 10-30 L.L. No. 1-1976, Sec. 4
(71) Sec. 10-31 L.L. No. 1-1976, Sec. 5
(72) Sec. 10-32 L.L. No. 1-1976, Sec. 6
(73) Sec. 10-33 L.L. No. 1-1976, Sec. 8
(74) Sec. 15-17.1 L.L. No. 3-1975, Secs. 1 - 4
(75) Sec. 15-28 L.L. No. 5-1985, Secs. 1, 2
(76) Sec. 15-46 L.L. No. 1-1978, Sec. 1
(77) Sec. 15-47 L.L. No. 1-1978, Secs. 1, 2
(78) Sec. 15-48 L.L. No. 1-1978, Sec. 4
(79) Sec. 15-49 L.L. No. 1-1978, Sec. 5
(80) Sec. 20-22 L.L. No. 8-1984, Secs. 1, 2
(81) Sec. 21-67 L.L. No. 5-1984
(82) Sec. 21-141 L.L. No. 6-1985, Secs. 1, 2
(83) Sec. 21-142 L.L. No. 6-1985, Sec. 3
(84) Sec. 21-143 L.L. No. 6-1985, Sec. 5
(85) Sec. 21-144 L.L. No. 6-1985, Sec. 6
(86) Sec. 21-145 L.L. No. 6-1985, Sec. 4
§ 3. [Effective date.]
This local law shall take effect immediately. (L.L. No. 5-1987, Sec. 1)
§ 1-1. How code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances of the Village of Tuckahoe, New York," and may be so cited.
§ 1-2. Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
§ 1-3. Rules of construction and definitions.
In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Village Board of Trustees:
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 mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
Computation of time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
Corporate limits, corporation limits. Whenever the words "corporate limits," "corporation limits" or "village limits" are used, they shall mean the legal boundary of the Village of Tuckahoe.
County. The words "the county" or "this county" shall mean the County of Westchester in the State of New York.
Delegation of authority. Whenever a provision appears requiring 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 designate otherwise.
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.
Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provisions imposing the greater restriction or regulation shall be deemed to be controlling.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Keeper, proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
Mayor. Whenever the word "Mayor" is used, it shall mean the Mayor of the Village of Tuckahoe, 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 Acting or Deputy Mayor in the absence 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.
Month. The word "month" shall mean a calendar month.
Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the Village of Tuckahoe" were added.
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.
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.
Oath. The word "oath" shall be construed to include 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."
Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
Personal property. The term "personal property" includes every species of property except real property, as herein described.
Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.
Premises. Whenever the word "premises" is used, it shall mean place or places.
Property. The word "property" shall include real and personal property.
Real property. The term "real property" shall include lands, tenements and hereditaments.
Seal. Whenever the word "seal" is used, it shall mean the village or corporate seal.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.
Signature or subscription. The word "signature" or "subscription" of a person shall include a mark when the person cannot write.
State. The words "the state" shall be construed to mean the State of New York.
Street. The word "street" shall include but shall not be limited to streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the village.
Tenant, occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Trustee. The word "Trustee" shall mean any person elected or appointed to that office.
Village Board of Trustees. Whenever the words "Village Board of Trustees" are used, they shall be construed to mean the Board of Trustees of the Village of Tuckahoe.
Village; corporation. Whenever the words "the village," "this village," "the corporation" or "this corporation" are used, they shall be construed as if the words "of Tuckahoe, New York" followed them.
Week. The word "week" shall be construed to mean seven (7) days.
Written, in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Year. The word "year" shall mean a calendar year.
§ 1-4. Amendments or additions to Code.
All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby, and the subsequent ordinances, as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the Village Board of Trustees.
Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: "That section _____ of the Code of Ordinances of the Village of Tuckahoe, New York, is hereby amended to read as follows: . . ." The new provisions may then be set out in full as desired.
In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances of the Village of Tuckahoe, New York, is hereby amended by adding a section (or Article or chapter) to be numbered as follows _____ , which said section shall read as follows: . . ." The new section may then be set out in full as desired.
When the Village Board of Trustees desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the Code, which said Board desires to incorporate into the Code, a section in substantially the following language may be made a part of the ordinance: "Section _______ . It is the intention of the governing body, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the Village of Tuckahoe, New York, and the sections of this ordinance may be renumbered to accomplish such intention."
All sections, Articles, chapters or provisions of this Code desired to be repealed should be specifically repealed by section number, Article number or chapter number, as the case may be.
§ 1-5. Effect of repeal of ordinances.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
The repeal of an 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 ordinance repealed.
§ 1-6. Altering Code.
It shall be unlawful for any person in the village to change or amend, by additions or deletions, any part or portion of this Code or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Village of Tuckahoe to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in
§ 1-7 hereof.
§ 1-7. General penalty; continuing violations.
Whenever in this Code or in any ordinance or resolution of the village any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code, ordinance or resolution the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific fine or penalty is provided therefor, the violation of any provisions of this Code or any such ordinance or resolution shall constitute disorderly conduct and shall be punished by a fine not exceeding two hundred fifty dollars ($250.) and/or imprisonment consistent with the applicable provisions of the Penal Law; each day any violation of any provision of this Code or of any such ordinance or resolution shall continue shall constitute a separate offense.
In addition to the fine or penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be by the village abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
§ 1-8. Prosecution where different penalties exist for same offense.
In all cases where the same offense may be made punishable, or shall be created by different clauses or sections of the ordinances of the village, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.
§ 1-9. Penalties not exclusive.
Obedience to the provisions hereinafter set forth may be enforced by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in § 1-7, or by civil action for a penalty, or by civil remedy at law or equity by way of injunction, or otherwise to abate or prevent a violation of the provisions of this Code of Ordinances. Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this Code, nor a judgment in or the pendency of a civil action at law or in equity shall be a bar to the other form of proceeding. The imposition of a penalty for a violation of this Code shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
§ 1-10. Severability of parts of Code.
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
§ 2-1. Time, place, frequency of meetings of Village Board.
Unless otherwise provided by resolution of the Village Board of Trustees, meetings of the Board shall be held on the second Monday and fourth Monday evening of each month at the Village Hall at 8:00 p.m., provided that the annual meeting of the Village Board of Trustees shall be held on the first Monday in April at the Village Hall at 8:00 p.m.
§ 2-2. Meetings of Village Board to be public; exception.
All meetings of the Village Board of Trustees shall be open to the public; provided, however, that the Board shall have the authority to sit in executive session, which session shall be closed to the public.
§ 2-3. Rules for conduct of Village Board meetings.
The Village Board of Trustees shall determine and prescribe the rules for the conduct of its meetings and the order of business thereat.
§ 2-4. Minutes of Village Board meetings.
The Village Clerk shall keep a journal of the proceedings of the Village Board of Trustees, which journal shall be open to public inspection in the office of the Village Clerk.
§ 2-5. Standing committees of Village Board.
At its annual meeting in April of each year, the Village Board of Trustees by resolution or ordinance shall establish the standing committees of the Board and shall prescribe the functions and duties thereof.
§ 2-6. Appointment of Chairman of standing committees of Village Board.
At the annual meeting of the Village Board of Trustees in April of each year, the Mayor shall appoint one Trustee as Chairman of each standing committee established by the Board.
§ 2-7. Conduct of Village business, affairs.
The conduct of business and affairs of the Village shall be through departments established and organized for the purpose by resolution of the Village Board of Trustees. Each such department shall be under the supervision of a member of the Village Board of Trustees appointed for the purpose.
§ 2-8. Powers and duties of Village Clerk.
All the powers and duties to the Village Clerk by any Village ordinances shall be exercised by him under the direction and supervision of the Mayor and the Board of Trustees of the Village.
§ 2-8.1. Reserved.
§ 2-9. Effective date of ordinances.
All ordinances shall take effect upon their publication, unless an ordinance shall otherwise specify the time when it shall go into effect.
§ 2-10. Records of ordinances to be kept by Village Clerk.
The Village Clerk shall keep a record of ordinances chronologically according to the date of their adoption. In addition thereto, a copy of each ordinance shall be recorded in a suitable record book, in such form that ready reference to amendments or additions thereto may be had, and such ordinances, amendments or additions may appear and be numbered in accordance with the numbering system of this Code of Ordinances. The Village Clerk shall further maintain a file with separate folders for each ordinance hereafter adopted, in which folder shall be kept at all times a copy of the ordinance, a record of the section referred to, the number and date of adoption of the ordinance and proof of publication and notice of hearing thereon, and such other data as may be useful or needful to establish the validity thereof. The Village Clerk shall also maintain an index to this Code of Ordinances, recording all changes and amendments, and shall keep and maintain such other records of ordinances as may be required by law or by direction of the Village Board of Trustees.
§ 2-11. Removal of papers from Village offices.
No person shall carry out or remove any papers, plans, specifications, documents or records of any property whatsoever belonging to the Village, from any of the Village offices or rooms, in the respective departments where such papers, specifications, plans, documents or records properly belong, except under the direction of the Mayor or Village Board of Trustees.
§ 2-12. Residency of officers, employees.
(a) Title; purpose. This section shall be known as "The Residency Requirements Law for Employment by the Village of Tuckahoe." The purpose of this section is to provide for uniform hiring practices within the Village as well as to insure the fact that most if not all Village employees shall be local residents residing in either the Village itself, the Town of Eastchester or the Village of Bronxville, thereby providing employment opportunities on a priority basis for individuals residing within the municipality.
(b) Definition. "Residence" is defined in this section to mean the abode or place where one actually lives and maintains a fixed, permanent and principal home. It implies a requirement to live permanently within the geographical limits in the Town of Eastchester, including the Villages of Bronxville and Tuckahoe, to qualify for employment, holding any office or position in the Village.
(c) Applicability. The provisions of Subsection (a) hereof shall not require an employee of the Village appointed prior to the effective date of this section to reside within the Town of Eastchester. Any present employee of the Village has met at the conditions of employment and this section is effective only for all future employee appointments and shall not be deemed retroactive.
(d) Initial appointments.
(1) New appointees generally. All new appointees to positions within any department of the Village, who do not already reside in the Town of Eastchester and who are otherwise eligible for permanent appointment shall not receive such permanent appointment unless they become residents of the Town of Eastchester within 60 days from the time of their eligibility. Failure of the appointee to comply with this residency requirement shall be grounds for dismissal by the Village Board of Trustees.
(2) New department heads. All new appointees to department head positions shall not receive provisional or permanent appointment unless they presently reside within the Village of Tuckahoe. This requirement shall not affect present department heads who reside outside the Village of Tuckahoe.
(e) Continuation of residency. Any individual so appointed shall continue to act as such only while he resides within the boundaries of the Town of Eastchester or the Villages of Tuckahoe and Bronxville and is a qualified eligible voter, and any appointee who is not an actual resident of the Town of Eastchester shall forfeit his position and shall have been deemed to resign from said appointee's position with the Village of Tuckahoe. In January of each year, all Village employees shall file with the Village Clerk a sworn certificate, on a form furnished by the Village Clerk, setting forth the residence address of such employee and certifying that such Village employee is a bona fide legal resident of the Town of Eastchester or the Village of Tuckahoe as the case may be. Any Village employee who fails to file the certificate required by this subsection within the time required shall be given six days' notice in writing by the Village Clerk of his failure to file such certificate, and if he fails thereafter to file such certificate within 15 days after the giving of the notice by the Village Clerk, he shall forfeit his office or position and such office or position shall be deemed vacant after the expiration of the period within which such certificate should have been filed following the giving of the notice by the Village Clerk.
(f) Waiver of requirements. Notwithstanding the residency provisions of this section, the Mayor and the Village Board, by majority vote of all its members, shall have the power to waive residence requirements of this section in the following manner:
(1) Whenever the Civil Service Commission or any department head gives written notice to the Mayor and the Village Board, certifying that there is a need for new appointments and that there are no applicants eligible because of residency requirements, said requirements may be waived for the life of the existing eligible list or a period of one year, whichever comes first; or
(2) Whenever any department head gives written notice to the Mayor and the Village Board certifying that there is a need to continue the employment of an employee who has requested a waiver from the residence requirements of this § 2-12. Such notice shall detail the reasons and basis for the granting of such waiver. (L.L. No. 2-1978, § 1 - 3;EN L.L. No. 11-1987, §1)
§ 2-13. Defense and indemnification of elected and appointed officials and employees.
(a) Definitions. As used in this section, unless the context otherwise requires:
Employee shall mean any person holding a position by election, appointment or employment in the service of the Village, but shall not include an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.
Village shall mean the Village of Tuckahoe.
(b) When provided, general procedures.
(1) Upon compliance by the employee with the provisions of Subsection (c) of this section, the Village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or, in good faith, purporting to act within the scope of his public employment or duties, or which is brought to enforce a provision of Section 1981 or 1983 of Title 42 of the United States Code or other federal laws. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the Village.
(2) Subject to the conditions set forth in this section, the employee shall be represented by the Village Attorney or an attorney employed or retained by the Village for the defense of the employee. The Village Board shall employ or retain an attorney for the defense of the employee whenever:
a. The Village does not have a Village Attorney;
b. The Village Board determines, based upon its investigation and review of the facts and circumstances of the case, that representation by the Village would be inappropriate; or
c. A court of competent jurisdiction determines that a conflict of interest exists and that the employee cannot be represented by the Village Attorney. Reasonable attorney's fees and litigation expenses shall be paid by the Village to such attorney employed or retained, from time to time, during the pendency of the civil action or proceeding, subject to certification by the Mayor that the employee is entitled to representation under the terms and conditions of this section. Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the Village. Any dispute with respect to representation of multiple employees by the Village Attorney or by any attorney employed or retained for such purposes, or with respect to the amount of the fees or expenses, shall be resolved by the court.
(3) When the employee delivers process and a request for a defense to the Village Attorney or the Mayor, as required by Subsection (c) of this section, the Village Attorney or Mayor, as the case may be, shall take the necessary steps including the retention of an attorney under the terms and conditions provided in Paragraph (2) of this subsection, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Village to provide a defense.
(c) Duties to defend. The duties to defend provided in this section shall be contingent upon:
(1) Delivery to the Village Attorney or, if none, to the Mayor, of the original or a copy of any summons, complaint, process, note, demand or pleading within five days after he is served with such document; and
(2) The full cooperation of the employee in the defense of such action or proceeding and defense of any action or proceeding against the Village, based upon the same act or omission and in the prosecution of any appeal.
Such delivery shall be deemed a request by the employee that the Village provide for his defense pursuant to this section, unless the employee shall state, in writing, that a defense is not requested.
(d) Judgments and settlements; when Village shall not indemnify employee.
(1) The Village shall indemnify and save harmless any employee whose defense was provided pursuant to this section in the amount of any judgment obtained against such employee or in the amount of any settlement or compromise approved by the Village Board. The Village shall not indemnify and save harmless the employee:
a. When the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee;
b. For money recovered from the employee pursuant to § 51 of the General Municipal Law.
(2) Any claim or compromise settlement which may be subject to indemnification by the Village shall not be paid unless it is presented to and approved by the Village Board.
(3) Upon entry of a final judgment against the employee or upon settlement or compromise of a claim as approved by the Village Board, the employee shall cause to be served upon the Mayor a copy of such judgment or settlement, personally or by certified or registered mail, within 30 days of the date of entry or settlement. Such judgment or settlement shall be processed and paid in the same manner as other judgments or settlements of claims paid by the Village.
(4) The Village shall indemnify and save harmless an employee in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that any employee acting within the scope of his/her public employment or duties has, without willfulness or intent on his/her part, violated a prior order, judgment, consent decree or stipulation of settlement. (L.L. No. 2-2001, § 4)
(5) The Village shall also indemnify and save harmless an employee in the amount of any punitive damages in accordance with the following procedure and such additional procedures as may be established by the Board of Trustees: (L.L. No. 2-2001, § 4)
a. Within 20 days of employee's delivery to the Village Clerk of a summons, complaint, notice, demand or other pleading containing a demand for punitive damages, the Village Attorney shall make an initial determination whether the employee should or should not be indemnified against any punitive damages, based upon the facts and circumstances then known to the Village Attorney as follows:
1. Whether the employee's actions were or were not within the scope of his/her employment.
2. Whether the employee's action were or were not reckless, malicious, grossly negligent or otherwise outside of the standards required for employees holding comparable positions with the Village.
3. Whether the employee's actions were or were not made in good faith and in the best interests of the Village.
4. Whether the employee did or did not willfully violate a clearly established provision of law or Village policy.
b. In the event of a final judgment of punitive damages against the employee, the employee or his/her attorney shall serve copies of such judgment upon the Village Clerk personally or by certified or registered mail within 10 days of the date of entry. The Village Board of Trustees shall meet as soon as practicable to review, make findings taking into consideration and giving weight to the initial and any additional findings made by the Village Attorney provided the employee did not previously misrepresent or omit material facts adduced at trial), and determine if the following have been met, and if so met, shall arrange for or appropriate the funds necessary to pay such punitive damages:
1. The judgment of punitive damages is based on an act or omission of an employee acting within the scope of his/her employment;
2. At the time of the action or omission giving rise to the liability, the employee acted:
(i) Without recklessness;
(ii) Without maliciousness; and
(iii) Without gross negligence; and
within the standards required for employees holding comparable positions with the Village.
3. At the time of the act or omission, the employee acted in good faith and in the best interests of the Village; and
4. At the time of the act or omission, the employee did not willfully violate a clearly established provision of law or Village policy.
c. Deliberations, findings and determinations of the Village Attorney as described in this Subsection (d)(5) are and shall remain confidential.
(e) Scope of benefits. The benefits of this section will accrue only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provision of this section be construed to affect, alter or repeal any provisions of the Workers' Compensation Law.
(f) Insurance policies shall not be altered, etc., by this section. The provisions of this section shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance.
(g) Right of employee to defense in accordance with federal statutory or common law shall not be altered, etc., by section. As otherwise specifically provided in this section, the provisions of this section shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Village nor any right to defense and/or indemnification provided for any governmental officer or employee by, in accordance with, or by reason of, any other provision of state or federal statutory or common law.
(h) Applicability. The provisions of this section shall apply to all actions and proceedings specified herein which have been commenced, instituted or brought on or after the effective date of this section. (L.L. No. 5-1980, § § 1 - 8)
(i) All payments under the provisions of this § 2-13, whether for or by insurance or otherwise, shall be deemed to be for a public purpose and shall be audited and paid in the same manner as other public charges. (L.L. No. 2-2001, § 5)
(j) If any provision of this § 2-13 or the application thereof to any person or circumstance be held unconstitutional or invalid in whole or in part, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this § 2-13 or the application of any such provision to any other person or circumstance. (L.L. No. 2-2001, § 5)
§ 2-14. Serving in town and Village elected offices simultaneously prohibited.
(a) No person shall simultaneously hold a Village elected office and a town elected office.
(b) In the event that a Village elected official takes the oath of office for a town elected office, the taking of such oath shall constitute an automatic resignation from the Village elected office effective as of the date of the oath. The signing of the town oath book shall constitute the taking of such oath.
(c) If a town elected official is elected to a Village office, such person shall not be deemed to be qualified for the Village office until such person has, in accordance with applicable New York State law, tendered a written resignation from the town elected office.
(d) Nothing in this § 2-14 shall be deemed to alter or amend any provisions of the New York State General Municipal Law, Public Officers Law, Election Law, Village Law, Town Law or other applicable law relating to the election, appointment and resignation of elected officials. (L.L. No. 12-1986, § 1)
§ 2-15. Video tape records of meetings.
All regular public meetings of the Village Board of Trustees and all public meetings or hearings held by or at the special request of the Village Board of Trustees shall be recorded on video tape. All such public meetings shall be broadcast live on the local cable television station and rebroadcast six times within the two weeks after the dates of each meeting. The Village Clerk shall maintain on file the original or a true copy of all video tapes that are made or produced showing meetings of the Village Board of Trustees and any other official Village public meetings or hearings. Such tapes shall be maintained in chronological order in secure storage at the Village Hall for a period of at least 10 years and shall thereafter be maintained at the Tuckahoe Public Library. (L.L. No. 3-1987, § 1;EN L.L. No. 10-1987, § 1)
§ 2-16. Fingerprinting of employees, peddlers and vendors.
All employees of the Village and all applicants for peddler and vendor permits shall be required to have their fingerprints taken by the Village Police Department.
The Chief of Police may forward such fingerprint impressions to the Division of Criminal Justice Services of the State of New York for investigation and examination. (L.L. No. 1-1989, § 1)
§ 2-17. Records management.
(a) Records management officer (RMO). The Village Clerk shall be the RMO and shall be responsible for the records management program established by this section. Said officer will be responsible for administering the noncurrent (inactive) and archival public records for the Village of Tuckahoe in accordance with local, state and federal laws and guidelines. Said officer shall also be responsible for overseeing micrographics and technology projects involving the Village of Tuckahoe records according to quality control specifications and guidelines.
(b) Powers and duties.
(1) The Village Clerk or his/her designee shall have the necessary powers to carry out the efficient administration of records including policies/procedures development, the determination of value, use, preservation, storage and disposition of the noncurrent (inactive) and archival public records kept, filed or received by the offices and departments of the Village of Tuckahoe.
(2) The Village Clerk or his/her designee shall establish guidelines for proper records management in any department of the Village of Tuckahoe in accordance with local, state and federal laws, regulations and official policies/procedures.
(3) The Village Clerk or his/her designee shall report annually to the Village Board of Trustees on the powers and duties herein mentioned, including but not limited to the cost/benefit ratio, efficiencies and administrative economies of programs implemented by the Village Clerk or the RMO's designee.
(c) Records center. The Village Clerk shall have at his/her disposal adequate designated space dedicated specifically for the storage, processing, and servicing of noncurrent (inactive) and archival records for all local government departments and agencies. The records center will be administered by the Village Clerk or his/her designee.
(d) Disposition.
(1) The Village Clerk or his/her designee shall be the sole officer with authority over the disposition of local government records in consultation with the respective local government officer or department head who has custody of the records of his/her respective office or department, and with the local Records Advisory Board, where one exists.
(2) Records shall be transferred to the Village archives upon the recommendation of the RMO according to policies/procedures, with the approval of the head of the department which has legal custody of the records and the approval of the Records Advisory Board. Records of local government agencies now or in the future defunct shall pass to the legal custody of the Village archives.
(e) Replevin. The Village Attorney, in consultation with the RMO, may take steps to recover local government records which have been alienated from proper custody, and may, when necessary, institute actions of replevin.
(f) Records Advisory Board.
(1) The Village Board of Trustees shall appoint a Records Advisory Board of four members based on recommendations by the Village Clerk. The Records Advisory Board shall be composed of the RMO, the Village Attorney, the Village Treasurer and the Village Historian. One member of the Village Board of Trustees shall serve as an ex-officio member of the Records Advisory Board.
(2) The function of the Records Advisory Board shall be to advise and make suggestions to the Village Clerk or designee on future improvements of the Village of Tuckahoe records management program. The Board shall meet at least once a year.
(3) The Village Clerk or his/her designee shall be responsible for calling all meetings of the Records Advisory Board, presenting progress reports of the program to the Board, reviewing local government records management and archives policies with the Records Advisory Board and examining and discussing recommendations offered by the Records Advisory Board.
(g) Construction. If any part of this § 2-17 or its application to any persons or circumstances is adjudged by a court to be invalid or ineffectual, such judgment shall not affect the remainder of this § 2-17 or its application to any other person or circumstance. This § 2-17 shall supersede all prior records policies inconsistent with it to the extent of such inconsistency, but in all other respects shall be deemed supplemental to such policies. (L.L. No. 1-1997, § 2)