CODE OF ORDINANCES OF THE
VILLAGE OF TUCKAHOE, NEW YORK

Supp. No. 27

OFFICIALS OF THE INCORPORATED VILLAGE OF TUCKAHOE

Village Offices
65 Main Street
Tuckahoe, New York 10707
Telephone: (914)961-3100
FAX: (914)961-3114
www.tuckahoe.com

2008
Mayor
JOHN FITZPATRICK

Board of Trustees
MARGARET COLEMAN
STEVE ECKLOND
CLARE GORMAN
LUIGI MARCOCCIA
Village Clerk/ Receiver of Taxes
SUSAN CIAMARRA
Village Attorney
JOHN CAVALLARO, ESQ.

PREFACE

Part I of this volume contains the local laws of the Incorporated Village of Tuckahoe, New York, as amended. Part II contains a revision and codification of the ordinances, resolutions and, since 1973, local laws of a general and permanent nature of the Incorporated Village of Tuckahoe, which were deemed appropriate to be included, followed by a comparative table setting out, in chronological sequence, the ordinances, local laws and resolutions included in said codification, and their disposition.

Part II is an entire new codification, and as expressed in the Adopting Ordinance, supersedes all ordinances and resolutions not included herein or expressly saved from repeal by the Adopting Ordinance. Special ordinances or resolutions, or those dealing with only a portion of the inhabitants of the Village, rather than all of them, or relating to special purposes, are not included herein. For a more specific enumeration of the type of ordinances or resolutions not included herein, see Section 3 of the Adopting Ordinance.

The ordinances and resolutions in Part II of this Code have been classified as to subject matter, edited, revised and in many instances rewritten. The source of the section is included in the history note in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of this Code. As will be noted, the chapters have been arranged in alphabetical sequence, and the various sections within each chapter have been appropriately catchlined to facilitate usage. Attention is also invited to the footnotes which tie related sections of the Code together, and which also refer to relevant state laws.

New chapters may be included in this Code by the addition of a fraction after the chapter number, i.e., if the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 121/2. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New Articles and new divisions may be included in the same manner, that is, if the new Article is to be included between Articles II and III, it will be designated as Article II1/2. New Articles may, however, be placed at the end of the chapter embracing the subject, and new divisions may be placed at the end of an Article embracing the subject, in each case the next successive number being assigned to the new Article or division.

A special feature of this volume to which the attention of the user is particularly invited is the looseleaf system of binding and supplemental servicing for the Code. With this looseleaf system, this volume will be kept up-to-date periodically. Upon the final passage of amendatory legislation, it will be edited and the appropriate page or pages affected will be reprinted for insertion in the Code. The new or reprinted pages may be distributed to the holders of the Codes with instructions for the manner of inserting the new pages and deleting the obsolete pages. The index will be treated in the same manner. Each such subsequent amendment, when incorporated into this Code, may be cited as a part hereof as provided in Section 5 of the Adopting Ordinance.

The index has been prepared with the greatest of care, with each particular item placed under several headings. There are numerous cross references within the index which stand as guideposts to direct the user to the particular item in which he or she is interested.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are available, it will then become the responsibility of the holder to insert the pages according to the attached instructions. It is earnestly recommended by the publisher's staff that all such amendments be inserted immediately upon receipt to avoid misplacement and that all deleted pages be saved and filed for historical reference purposes.

Time and effort have not been spared in the preparation of this Code and the publishers are most grateful to Mr. Lionel A. Racine, Village Attorney, and other village officials for their supervision, cooperation and interest during the progress of the work on this Code.

This Code is presented for the use and benefit of the citizens of the Incorporated Village of Tuckahoe, New York.

December, 1972
MUNICIPAL CODE CORPORATION
Tallahassee, Florida

LEGAL NOTICE

NOTICE IS HEREBY GIVEN that the Board of Trustees, Village of Tuckahoe, New York, meeting on December 11, 1972, adopted the following ordinance:

An Ordinance Adopting and Enacting a New Code of Ordinances of the Incorporated Village of Tuckahoe, New York; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Except as Herein Expressly Provided; Providing for the Manner of Amending Such Code of Ordinances; Providing a Penalty for the Violation Thereof; and Providing When This Ordinance Shall Become Effective.

Be It Ordained by the Board of Trustees of the Incorporated Village of Tuckahoe, New York, and it is Hereby Ordained by Authority of the Same:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 23, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the Incorporated Village of Tuckahoe, New York," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the Village passed on or before October 4, 1971, to the extent provided for in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 15th day of January 1973, and all ordinances of a general and permanent nature of the Incorporated Village of Tuckahoe, enacted on final passage on or before October 4, 1971, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 15th day of January 1973, except as hereinafter provided. No resolution of the village, not specifically mentioned, is hereby repealed.

Section 3. That the repeal provided for in Section 2 hereof shall not affect the following:

(a) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance.

(b) Any ordinance promising or guaranteeing the payment of money for the village, or authorizing the issuance of any bonds of the village or any evidence of the village's indebtedness, or any contract or obligation assumed by the village.

(c) The administrative ordinances of the village, not in conflict or inconsistent with the provisions of such Code.

(d) Any ordinance fixing salaries of officers or employees of the village.

(e) Any appropriation ordinance.

(f) Any right or franchise granted by the Board of Trustees of the village to any person, firm or corporation.

(g) An ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the village.

(h) Any ordinance establishing and prescribing the street grades of any street in the village.

(i) Any ordinance providing for local improvements or assessing taxes therefor.

(j) Any ordinance dedicating or accepting any plat or subdivision in the village or providing regulations for the same.

(k) Any ordinance annexing property to the village.

(l) Any zoning ordinance of the village.

(m) Any ordinance regulating the erection, alteration, repair, demolition, moving or removal of buildings or other structures.

(n) Any ordinance prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not inconsistent with such Code.

(o) Any ordinance fixing utility rates and charges.

(p) Any ordinance enacted after October 4, 1971.

(q) Nor shall such repeal be construed to revive any ordinance or part of an ordinance that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense by the Board of Trustees, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the Board of Trustees, and no specific penalty is provided therefor, the violation of any such provisions of such Code shall be punished as provided in Section 1-7 of such Code.

Section 5. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the Board of Trustees to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the Incorporated Village of Tuckahoe, New York," shall be understood and intended to include such additions and amendments.

Section 6. That in case of the amendment by the Board of Trustees of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 1-7 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended; unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the Village Clerk, preserved in looseleaf form or in such other form as the Village Clerk may consider most expedient. It shall be the express duty of the Village Clerk, or someone authorized by him, to insert in their designated places all amendments, ordinances or other legislation which indicate the intention of the Board of Trustees to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the Board of Trustees. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such 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 Incorporated Village of Tuckahoe to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-7 of the "Code of Ordinances of the Incorporated Village of Tuckahoe, New York."

Section 9. That all ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed.

Section 10. That this ordinance shall become effective on the 15th day of January 1973.

BY ORDER OF THE BOARD OF TRUSTEES:

ATTEST:
s/ Rita Boscia,
Village Clerk (Deputy)
s/ Robert D'Agostino Mayor
s/ Michael J. Liscio Trustee
s/ Donald Scarcello Trustee
s/ Rev. W. E. Yates Trustee
s/ Philip White Trustee

CERTIFICATE

I, Rita Boscia, Deputy Village Clerk, do hereby certify that the above and foregoing is a true and correct copy of that certain ordinance of like tenor and effect, passed on the 11th day of December, 1972, by the Board of Trustees of the Incorporated Village of Tuckahoe, New York, and as now appears duly recorded in the minutes of the proceedings of the said Board of Trustees in the office of the Village Clerk.

IN WITNESS WHEREOF, I have hereunto fixed my signature on this 12th day of December 1972.

(SEAL)

Rita Boscia
Deputy Village Clerk